Terms of Service
POSTED JUNE 25, 2020
These Terms of Service (“terms”) apply to websites operated by the sole proprietorship of Michael S. Kim d.b.a. Narrative Applications and Narrative Essay Review (“Narrative”), namely but not limited to www.narrativeapplications.com (“website”) and the services, primarily comprehensive evaluations of college and/or graduate school application essays, accessed through the website. By visiting or using the website, linked pages, features, content, or the services we offer through or in connection with the website, you acknowledge that you are aware of and consent to the terms outlined herein. Narrative may update these terms from time to time without notification and it is your responsibility to periodically review these terms as they are legally binding on you as a user.
Use of Narrative’s Website and Services
Narrative authorizes you to view and access Narrative’s website and services solely for your personal, non-commercial use to aid in your college or graduate school application process (“permitted use”). Your permitted use of Narrative’s website and services is conditional upon the following restrictions:
You agree that you will not, under any circumstance, use Narrative’s website and/or services for any purpose that:
violates any applicable US federal law, US state law, or foreign law,
harasses, abuses, harms, or attempts to harass, abuse, or harm another person or group,
makes automated use of the website and/or services,
copies or adapts any website content or operational procedures, or
violates the privacy or infringes on the intellectual party rights of Narrative, its employees, other customers, or third parties associated with Narrative.
The above list is provided as examples of restricted uses of Narrative’s website and/or services and is not definitive. Narrative reserves the right to identify restricted uses at any time and to remove authorization to access Narrative’s website and/or services at any time as a result.
You acknowledge and agree that Narrative retains ownership of all intellectual property rights of any kind related to the Narrative’s website and/or services. This shall include applicable copyrights, trademarks, and other proprietary rights such as website content. Other product, company, or educational institution names that are mentioned on the Narrative website may be trademarks of their respective owners. Use of any Narrative trademark or any other trademark listed is prohibited without express written consent.
You represent and warrant that: (i) you either are the sole and exclusive owner of all personal information or you have all rights, licenses, consents and releases necessary to deliver the personal information to Narrative and to grant Narrative the license to the personal information as set forth below; and (ii) neither the personal information, nor your submission, uploading, publishing or otherwise making available of such personal information, nor Narrative’s use of the personal information as permitted herein will infringe, misappropriate, or violate a third party's intellectual property or proprietary rights, or rights of personality, publicity or privacy, or any moral rights, or result in the violation of any applicable law or regulation.
You agree not to provide personal information that (i) is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, deceptive, or otherwise offensive, as determined by Narrative in its sole discretion, whether or not such material may be protected by law, (ii) advertises funds, goods or services or contains viruses or other material that may damages another's computer, or (iii) infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person or entity. Narrative may, at its sole discretion, review, monitor, or remove personal information, at any time and for any reason, without notice to you. However, Narrative is no obligation to review, monitor or remove personal information.
Finally, by providing personal information, you grant Narrative and its affiliates a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the personal information or incorporate the personal information into any form, medium, or technology now known or later developed, for any purposes.
Narrative Sites and the services offered on them are available to individuals age 18 and over. If you are between the age of 18 and the age of majority where you live, you must review these terms with your parent or guardian to confirm that you and your parent or guardian understand and agree to it.
Violation of these Terms
Any violation of these Terms as determined by Narrative in its sole discretion may result in the immediate denial of access to the Narrative website and/or services. Narrative may take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder or user whose access is blocked or terminated.
Narrative’s website and/or services provide guidance to students writing application essays. Narrative does not control, and is not involved in, admissions or financial aid decisions or negotiations or the admission process between colleges, universities, and students. Narrative is not responsible for transactions with advertisers appearing on the website or in newsletters.
Narrative makes no representations about the accuracy, reliability, or completeness, of any website content or the timeliness of any services therein provided. The use of the website, content, and/or services is at your own risk. Changes are periodically made to the Narrative website. While we will endeavor to make these changes at a time least likely to interfere with your use of the Narrative website, such changes may be made at any time.
The Narrative website and services are provided as is without warranty of any kind. Without limiting the foregoing, Narrative expressly disclaims all warranties, whether express, implied, or statutory, regarding the Narrative website and services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement. Without limiting the foregoing, Narrative makes no warranty or representation that access to or operation of the Narrative website and/or services will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content, or other material obtained from the Narrative website and/or services. This disclaimer of warranty may be limited or not permitted in some jurisdictions in which case this provision may not apply to you.
Limitation of Damages
To the extent permitted by law, in no event shall Narrative, its affiliates, directors, employees, contractors, licensors, or partners be liable to you for any loss of profits, use, or data or for any direct, incidental, indirect, special, consequential, or exemplary damages however arising that result from (a) your use or inability to use the Narrative website and/or services; (b) the Narrative website and/or services generally or the software or systems that make the Narrative website and/or services available; or (c) any other interactions with Narrative whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Narrative has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. This limitation of damages may be limited or not permitted in some jurisdictions in which case this provision may not apply to you.
Links to Other Sites and/or Materials
No Resale or Authorized Commercial Use
You agree not to resell or assign your rights or obligations under these terms and any purported assignment is null and void. You also agree not to make any unauthorized commercial use of the Narrative website and/or services.
You agree to defend, indemnify, and hold harmless Narrative, its members, officers, directors, employees and agents, from and against any claims, actions or demands, including reasonable legal and accounting fees, arising out of the use of the Narrative website by you. Narrative will provide notice to you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding. Narrative reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you must provide Narrative with any cooperation Narrative reasonably requests.
Modification of Terms
These terms may be amended at any time and from time to time, by a revised posting on this page. We do not undertake any obligation to otherwise notify you of such amendment. If you continue to use the Narrative website, you signify your agreement to our revisions to these terms. All provisions of these terms that by their nature must survive the termination of your use of a Narrative website and/or services will survive, including the Limitation of Damages and Indemnity.
If any part of these terms is held invalid or unenforceable, that portion of the terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Narrative to enforce any provision of these terms will not be considered a waiver of our right to enforce such provision. Our rights under these terms will survive any termination of these terms.
You agree that any cause of action related to or arising out of your relationship with Narrative must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These terms and your use of the Narrative Sites are governed by the laws of the state of North Carolina without regard to conflict of law provisions.
Narrative makes no claims that the Narrative website or the content may be lawfully viewed or accessed outside of the United States. If you access the Narrative website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.