Terms & Conditions

By browsing this Website (as defined below), you acknowledge that you have read, understood, and agree to be bound by the below terms and conditions of this Website (this “Agreement”). If you do not agree to any of these terms of the Agreement, please do not use the Services.

Description and Use of Services

Well Hatched (“we”) provides its services, including but not limited to the use of the Website, which allows users applying to schools & universities the power to request analysis of their application by experts with highly-focused areas of expertise (the “Services”).

A Well Hatched user uploads completed (or semi-completed) application information to the Well Hatched website (the “Website”) and requests specific types of experts to review his/her submission for strengths & weaknesses. (e.g. - a Harvard alumni from 2004, a current student at Stanford, or a professor of sales marketing at Wharton)

Submissions are viewed by Well Hatched vetted & qualified experts.

After every requested expert reviews the user’s application information, final feedback will be rendered to the user.

A Well Hatched user receives feedback that gives an opportunity to see how people from various backgrounds perceive the strength of his/her candidacy; a holistic recommendation by committee. However, Well Hatched feedback is not a guarantee of acceptance; it is an informational tool that a user can leverage to improve the quality of his/her application;

Your Application Information

You retain ownership of your application information submitted to Well Hatched. However, by submitting your application information to Well Hatched, you hereby grant Well Hatched the following worldwide, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses: to host, cache, store, archive, create algorithms based thereon, modify or transcode your application information to appropriate media formats, standards or mediums as part of the services provided through the Website.

By submitting your application to Well Hatched, you also grant the following use of and rights to your application information to others: (i) if permitted, the non-exclusive license to access your application information through the Website; (ii) if permitted, the ability for Well Hatched experts to rate, review and comment on your application information; (iii) if permitted, the ability for Well Hatched to send and distribute your application information to Well Hatched experts; and (iv) the non-exclusive license to Well Hatched experts to analyze your application as permitted through the functionality of Well Hatched and under these Terms.

The foregoing licenses granted by you shall terminate upon your removal or deletion of your application information from Well Hatched; provided, however, deleted application information may still exist in back-up copies on servers used by Well Hatched and the Website. We make no representation or warranty with regards to copies of application information made by third parties.

Intellectual Property

The trademarks, service marks, and logos of Well Hatched (“Well Hatched Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Well Hatched. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Well Hatched Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Well Hatched Trademarks inures to our benefit.

Third Party Services

Well Hatched contains services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies, if any, governing privacy and security. We are not responsible for the content or privacy/security practices and policies of third party sites or products/services to which links are displayed on Well Hatched. We do not endorse the operators of these third party sites, nor do we endorse or make any representations with respect to the content of these sites or any products or services offered on these sites. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.

Referrals

The Well Hatched referral program rewards existing users with a chance to earn access to special promotions and benefits by referring friends to join Well Hatched. Existing users are only eligible to earn referral credits after new users they have invited to the Well Hatched website make at least one completed purchase.

Referral credits granted by any means other than as a result of the initial completed purchase by a new user introduced for the first time to Well Hatched by the referring user are in violation of these terms and conditions. You may not use spam to obtain referral credits, and you agree not to send invitations to join Well Hatched to people who do not know you or are unlikely to recognize you as a known contact. You may not participate in the program if any applicable laws or regulations prohibit doing so. Any referral credits granted in violation of these terms and conditions are null and void and subject to immediate cancellation or termination of all referral credits. We reserve the right to modify or amend these terms and conditions at any time and the methods by which special promotions or benefits are earned.

Electronic Communications

When you visit Well Hatched or send emails to Well Hatched, you are communicating with us electronically. You consent to receive communications from Well Hatched electronically. Well Hatched may communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that Well Hatched provides to you electronically satisfy any legal requirement that such communications be in writing.

Limitation of Liability

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE SERVICES. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE, THE CONTENT, AND THE SERVICES AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, THE SERVICES, OUR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE, THE CONTENT, OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE WEBSITE, THE CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, THE CONTENT, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE SERVICES MAY CONTAIN INACCURACIES, ERRORS, OR OMISSIONS FOR WHICH WE SHALL HAVE NO RESPONSIBILITY. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICE AT ANY TIME WITHOUT NOTICE.

Indemnification

You agree to defend, indemnify, and hold Well Hatched and its officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Website, the Content, or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Compliance with Applicable Laws

The Website and the Services are based in the United States. We make no claims concerning whether the content of the Website (the “Content”) may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

Miscellaneous

This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York; and (ii) that the Website and the Services shall be deemed passive that do not give rise to personal jurisdiction over Well Hatched, either specific or general, in jurisdictions other than New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect.