1. General Information of Master Terms and Conditions ("Master Terms")
2. Your Agreement to the Terms
3. Changes to the Terms and Conditions
5. Intended Audience
7. Your Use of Our Website
8. Your Submission to Our Website
9. Intellectual Property
10. Termination of Your Right to Use Our Website
11. Products and Services Offered by EasyGo to USA Ltd.
12. NCAA Legislation Information
13. Online Profiles
14. Linking to Our Website
15. Third Party Advertising on Our Website
16. DiscIaimer of Warranties
17. Limitation of Liability
18. Applicable Law
19. Liability for Technical Disruptions to Our Website
21. Indemnification for Breach of Terms and Conditions
23. Termination of This Agreement
24. Miscallaneous Terms
26. If You Need Help
1. GENERAL INFORMATION OF MASTER TERMS AND CONDITIONS (“Master Terms”)
Please read these terms carefully because they apply to your use of the websites that EasyGo to USA Ltd. operates (collectively, the websites to which these terms apply, the “Websites”), including the products and services provided through the Websites (collectively, the “Services”). Websites include, but are not limited to; the websites operated at http://easygotousa.org is a Hungarian corporation with a business office at 6 Kassák Lajos utca, Dunaújváros 2400, Hungary.
Unless otherwise agreed in writing with EasyGo to USA Ltd., your use of any Website or Service will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as the “Master Terms.”
In addition, your use of any Website or Service may also be subject to the terms of any legal notice applicable to the Website or Service, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the “Additional Terms.” Where Additional Terms apply to a Website or Service, these will be accessible for you to read either within, or through your use of, that Website or Service.
The Master Terms, together with any Additional Terms, form a binding legal agreement between you and EasyGo to USA Ltd. in relation to your use of the Websites and the Services. Collectively, this legal agreement is referred to below as the “Terms.” If there is any contradiction between the Additional Terms and the Master Terms, then the Additional Terms shall take precedence in relation to the Website or Service to which the Additional Terms apply.
2. YOUR AGREEMENT TO THE TERMS
YOUR ACCESS OR USE OF ANY WEBSITE OR SERVICE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.
3. CHANGES TO THE TERMS AND CONDITIONS
From time to time, EasyGo to USA Ltd. may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Master Terms or Additional Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by EasyGo to USA Ltd. it its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the applicable Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and EasyGo to USA Ltd. that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Websites and Services. Your continued use of any Website or Service after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms
5. INTENDED AUDIENCE
You may be asked to register on or through our website to participate in or receive various services offered by EasyGo to USA Ltd. The availability of these services may vary, and, in the future, we may add other services that may be accessed through our website. While your use of our website is subject to the Terms and Conditions, other services offered by EasyGo to USA Ltd. may be subject to additional terms and conditions.
When you register, you will select a user name and password. You are responsible for maintaining the confidentiality of your user name and password, and you are responsible for all activities that occur under your user name and password, whether or not authorized by you. You agree to immediately notify EasyGo to USA Ltd. of any unauthorized use of your user name and password. You further agree not to adopt an inappropriate user name of any kind.
By registering on our website, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your information to keep it accurate and current.
7. YOUR USE OF OUR WEBSITE
Users agree not to use the Websites or Services to:
1. Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
2. Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
3. Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
4. Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
5. Intimidate or harass another;
6. Use or attempt to use another’s account, service, or personal information;
7. Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
8. Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
9. Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the Websites or Services;
10. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
11. Post or transmit any personally identifiable information about persons under 13 years of age.
In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Websites or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or, (ii) use any Website or Service in any manner that could disable, overburden, damage or impair such Website or Service, or interfere with any other party’s use and enjoyment of any Website or Service.
8. YOUR SUBMISSIONS TO OUR WEBSITE
Our website may allow you to post, disseminate, submit, transmit, host, share and/or publish various materials and information, including without limitation videos, photographs, biographical information and other materials (collectively, "User Materials"). You are solely responsible for your User Materials and the consequences of posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our website.
By using our website and posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our website, you represent and warrant that you own the entire right, title and interest in and to such User Materials, including without limitation the copyrights therein and thereto (or you otherwise possess sufficient rights in such User Materials, through a written agreement with the owner(s) of such rights, to grant the license, consent and release herein), and that such User Materials: (i) are original and have not been copied in whole or in part from any other work; and, (ii) do not violate, infringe and/or misappropriate the proprietary rights of any third party, including without limitation privacy and publicity rights.
You hereby grant to EasyGo to USA Ltd. and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners and those acting with authority of the foregoing (collectively, "EasyGo to USA Ltd. Parties"), a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sublicensable right and license to use, share, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, crawl, create algorithms based on, modify and/or transcode such User Materials, in any and all formats and through any and all means and channels, including without limitation through streaming and downloading technologies, on the Internet, in publications and advertisements, at scouting/recruiting events and in kits distributed to the media. You further hereby irrevocably consent and allow the EasyGo to USA Ltd. Parties to use and share the name(s), voice(s), biographical information, appearance(s), likeness(es), features, characteristics, persona(s), form(s) and/or image(s) of, as well as any statement(s) made by or attributed to, all identifiable individual(s) depicted and/or described in such User Materials (collectively "Names and Likenesses"). You also hereby irrevocably waive as against the EasyGo to USA Ltd. Parties all moral rights and rights of restraint in such User Materials.
You hereby fully and completely release, forever discharge, hold harmless and agree to defend and indemnify the EasyGo to USA Ltd. Parties from any and all claims, liabilities demands, actions, suits, causes of action and damages (including costs, expenses and attorneys' fees), that you, or any third party, shall or may have arising out of or in connection with the use of such User Materials and/or Names and Likenesses as provided herein. The license, consent and release herein is binding upon you and your heirs, executors, administrators, successors, licensees and assigns.
You acknowledge that EasyGo to USA Ltd. reserves the right to display advertisements in connection such User Materials, to display such User Materials with similar materials from other users and to use such User Materials for marketing, promotional and advertising purposes. You further acknowledge that EasyGo to USA Ltd. has the right, in our sole discretion, to prescreen, pre-approve, refuse and/or remove from our website, without prior notice, any User Materials, including without limitation User Materials that violate the Terms and Conditions.
If you have any comments or questions regarding content or materials on our website, please contact EasyGo to USA Ltd. using the contact information found at the end of the Terms and Conditions. If you believe in good faith that any content or materials on our website violate your copyright, please contact us as provided in the “IF YOU NEED HELP” section of the Terms and Conditions.
9. INTELLECTUAL PROPERTY
All text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, and music contained on, or comprising, our website, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression and "look and feel" of our website, and the software comprising and/or embodying the foregoing (collectively, the "EasyGo to USA Ltd. Content"), are owned, controlled or licensed by or to EasyGo to USA Ltd., and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark and/or patent laws. Your use of our website gives you no ownership rights in the EasyGo to USA Ltd. Content.
You may not, without limitation, copy, reproduce, republish, download, print, post, broadcast, record, mirror, transmit, commercially exploit, edit, communicate to the public or distribute in any way any part of our website or the EasyGo to USA Ltd. Content except as follows: (i) you may download the EasyGo to USA Ltd. Content to your website viewing device for the purpose of viewing it; and, (ii) you may print portions of our website and the associated EasyGo to USA Ltd. Content for your personal informational use as long as the printed portions are not subsequently modified or altered in any way. Any use other than as permitted under the Terms and Conditions may be undertaken only with the prior written authorization of EasyGo to USA Ltd.
10. TERMINATION OF YOUR RIGHT TO USE OUR WEBSITE
EasyGo to USA Ltd. reserves the right to suspend, restrict and/or terminate your access to our website at any time, without notice, in our sole discretion, without limitation to any of our other rights.
11. PRODUCTS AND SERVICES OFFERED BY EASYGO TO USA LTD.
EasyGo to USA Ltd. may offer products and services on or through our website. When you enroll for such products or service, you accept the specific agreement(s) applicable to such products or services. Your use of any such products or services is governed by the Terms and Conditions in the applicable agreement(s) for such products or services and, to the extent such products or services are provided through our website, the Terms and Conditions also will apply.
1. EasyGo to USA Ltd. accepts no responsibility for any decisions made by the NCAA, NAIA and NJCAA regarding the eligibility status of the client that may affect their ability to compete whilst at college in the Unites States of America;
2. EasyGo to USA Ltd. will not accept any responsibility for purchase or provision of health insurance to the client;
3. EasyGo to USA Ltd. will not cover the cost of any of the following: SAT 1 and 2, TOEFL examination, obtaining a student visa, travel between the client’s home and the United States of America, or the cost of obtaining health or travel insurance;
4. EasyGo to USA Ltd. accepts no responsibility for the client once they have left for the United States of America to take up a college place;
5. EasyGo to USA Ltd. accepts no responsibility for any promise, guarantee, or agreement made by any other individual or party;
6. EasyGo to USA Ltd. holds the right to decline the client of this service if the client has been prosecuted by the US Federal Law for any criminal charges or has been terminated from the NCAA, NAIA or NJCAA institution they attended;
7. EasyGo to USA Ltd. and the client will end their agreement of service once the client has arrived in the United States of America to take up a college placement;
8. If the client is asked to leave their institution due to grounds of misconduct then EasyGo to USA Ltd. holds the right to turn down an application for relocating the client to another college;
9. If the client at any time meets one of the following criteria listed below EasyGo to USA Ltd. has the right to terminate the agreement between the athlete and EasyGo to USA Ltd without any refund to the athlete:
The client provides false information to EasyGo to USA Ltd. that will affect the chance of the company finding a College/University place.
The client is refused a VISA by the US Embassy.
The client gets injured.
The client decides to change his mind about going to America.
EasyGo to USA Ltd. holds the right to terminate all services without refund if the clients registers with another athletic scholarship agency or any other agency that is assisting the client for a sports scholarship in America.
The client fails to complete school application forms to the university/college.
If the client fails a necessary examination either in SAT, ACT or TOEFL and the company sees this to be a problem for obtaining a college place the company holds the right to cancel the agreement between the athlete and EasyGo to USA Ltd.
12. NCAA LEGISLATION INFORMATION
Recruiting service Bylaw 13.14.3 received a blanket waiver till August 2012. The new rule is:
22.214.171.124 Published Recruiting Services. An institution may subscribe to a regularly published scouting service involving prospective student-athletes, provided this service is made available to all institutions desiring to subscribe and at the same fee rate for all subscribers.
EasyGo to USA Ltd. meets this regulation and is available to all institutions at the same rates.
13. ONLINE PROFILES
14. LINKING TO OUR WEBSITE
You may not link to EasyGo to USA Ltd.'s website without our prior written consent.
15. THIRD PARTY ADVERTISING ON OUR WEBSITE
The Websites or Services may contain links to websites not controlled by EasyGo to USA Ltd. (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than EasyGo to USA Ltd. (“Third Party Content”). You acknowledge that EasyGo to USA Ltd. is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website. You further acknowledge that EasyGo to USA Ltd. (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non-infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
16. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, EASYGO TO USA LTD. OFFERS THE WEBSITES AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EASYGO TO USA LTD. DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT EASYGO TO USA LTD’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EASYGO TO USA LTD. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
17. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL EASYGO TO USA LTD., ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“EASYGO TO USA LTD. PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF EASYGO TO USA LTD. PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EASYGO TO USA PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES OR SERVICES, FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITES OR SERVICES.
18. APPLICABLE LAW
The Terms and Conditions shall be governed by and construed under the applicable law in Hungary.
19. LIABILITY FOR TECHNICAL DISRUPTIONS TO OUR WEBSITE
If you cause a technical disruption of our website or any aspect of its functionality you agree to be responsible for any and all loss, costs, liabilities or expenses EasyGo to USA Ltd. may suffer and you agree to be liable for any attorneys' fees and costs arising from and/or related to the same. The foregoing shall be without limitation of our other venders in law or equity.
The Websites and Services may contain trademarks, service marks, logos and other names that are the property of EasyGo to USA Ltd. or such other party as indicated with respect to that name or icon.
21.INDEMNIFICATION FOR BREACH OF TERMS AND CONDITIONS
You agree to indemnify and hold harmless the EasyGo to USA Ltd. Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the EasyGo to USA Ltd. Parties from and against any and all claims brought by third parties arising out of your use of any of the Websites or Services and the Content you make available via any of the Websites or Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.
Each provision of the Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
23. TERMINATION OF THIS AGREEMENT
These Master Terms and any Additional Terms will continue to apply until terminated by either you or EasyGo to USA Ltd. as set out below. Your right to access and use the Websites and Services terminates automatically upon your breach of any of these Master Terms or Additional Terms that may apply to any of the Websites or Services.
EasyGo to USA Ltd. may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Websites or Services, or any portion of the Websites or Services, for any reason; (b) modify or change the Websites or Services, or any portion of the Websites or Services, and any Master Terms, Additional Terms and other policies governing the use of the Websites or Services, for any reason; (c) interrupt the operation of the Websites or Services, or any portion of the Websites or Services, for any reason, all as EasyGo to USA Ltd. deems appropriate in its sole discretion.
Your access to, and use of, the Websites or Services may be terminated by you or by EasyGo to USA Ltd. at any time and for any reason. EasyGo to USA Ltd. will use reasonable efforts to notify you in advance about any material modification, suspension or termination by EasyGO to USA Ltd. that is not caused by your breach of the Terms.
The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.
24. MISCALLANEOUS TERMS
These Master Terms and any Additional Terms are governed by and construed by the laws of Hungary, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between EasyGo to USA Ltd. and you concerning these Master Terms, any Additional Terms, and/or any of the Websites or Services shall be brought in a court of competent jurisdiction sitting in Hungary, and hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and EasyGo to USA Ltd. as a result of these Master Terms, any Additional Terms, or your use of any of the Websites or Services. These Master Terms and any applicable Additional Terms constitute the entire agreement between you and EasyGo to USA Ltd. relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by EasyGo to USA Ltd. from time to time) between you and EasyGo to USA Ltd. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.
Please note that we do not have a codex of conduct. If you have any complain in connection with our service, contact with us on email@example.com and we will try to solve your problem as soon as it is possible. Any disputes arising out or in relation to this terms and conditions, including any question regarding its existence, validity or termination, shall be finally settled under the Rules of Arbitration of the Permanent Arbitration Court organized besides the Hungarian Chamber of Commerce and Trade. The Hungarian law shall govern the arbitration. Before any kind of procedure, the Parties shall try to solve the problem with a mutual agreement.
If you have any complain in connection with our service, you may have the right to start an out of court procedure at the
Fejér Megyei Békéltető Testület
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
26. IF YOU NEED HELP
Should you have questions or concerns about the Terms and Conditions, please contact us by mail, phone or email as follows:
EasyGo to USA Ltd.
Attention: Website Terms and Conditions
15 Prekop Ferenc utca
Rácalmás 2459, Hungary
The above Terms and Conditions are effective as of June 1, 2012.
Adapted Terms and Conditions of CC to fit EasyGo to USA Ltd. service
Last updated – 29 October 2014