BY CLICKING THE BOX ON THE REGISTRATION FORM INDICATING YOUR ACCEPTANCE (THE “ACCEPTANCE”) OF THIS ENROLLMENT CONTRACT (THIS “AGREEMENT”), YOU AGREE YOU HAVE READ AND ARE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE A REGISTRANT, YOU REPRESENT THAT YOU ARE EITHER (A) THE AGE OF MAJORITY IN YOUR JURISDICTION OR OLDER OR (B) YOU HAVE YOUR PARENT’S OR GUARDIAN’S PERMISSION TO ENTER INTO THIS AGREEMENT. IF YOU ARE AN AGENT FOR A REGISTRANT, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS ON BEHALF OF THE REGISTRANT AND THAT THE REGISTRANT (OR THEIR PARENT OR GUARDIAN, AS APPLICABLE) HAS REVIEWED AND AGREED TO THESE TERMS. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT REGISTER OR SUBMIT PAYMENT. IF YOU ACCEPT THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND ARE BOUND BY, THE TERMS AND CONDITIONS STATED HEREIN.
This Agreement is by and between you and Shorelight, LLC ( “we”, “our” or “us”) and is effective as of the date of Acceptance (the “Effective Date”). It governs your registration and participation in the Summer Exploration Program at University of the Pacific in collaboration with Shorelight (the “Program”) . We reserve the right to change or modify portions of this Agreement at any time. If we do so, we will notify you via email or through other reasonable means of the changes.
Please read this Agreement in its entirety. It includes important information regarding our services as well as policies and rules related to the Program and University of the Pacific. In particular, we note that you will find the following information covered within the following provisions in this Agreement:
- Registration Terms (Section 1)
- Enrollment; Tuition and Fees (Section 2)
- Program Fee Refunds (Section 3)
- Legal (Section 4)
- Accommodations and Services (Section 5)
- Other Policies, Procedures & Requirements (Section 6)
- Miscellaneous (Section 7)
1. REGISTRATION TERMS.
(a) You acknowledge that by registering for the Program, you are not guaranteed admission at University of the Pacific (“Pacific”), or any other university campus.
(b) You confirm that you meet the entry criteria for the Program, found here. Following your registration, you will be required to submit an English language score from an approved testing source (IELTS, TOEFL, iTEP, or equivalent) demonstrating that you meet the entry criteria. If we determine from a review of your documents that you do not meet the entry criteria, we will withdraw you from the Program.
(c) The Program is separate from University of the Pacific. As a Program student, you will not be admitted to Pacific and you will not be eligible for transfer to Pacific or any other university campus by virtue of completing the Program. You will have access to limited Pacific services and facilities provided through the Program.
(d) The Program is non-credit bearing. You will earn a Certificate of Achievement for successfully completing the Program.
2. ENROLLMENT; TUITION AND FEES.
(a) In order to register, you must pay your program fee (“Program Fee”), and confirm that you meet all other listed entry criteria. Please familiarize yourself with all documentation provided to you by the Program.
(b) You acknowledge and agree that you will pay the Program Fee, including any banking or processing fees, by the indicated due date.
(c) We will withdraw you from the Program if you do not pay the Program Fee by the due date, and you will not have access to housing, dining, insurance, or any other services included with your Program fee.
(d) You are responsible for obtaining a visa and for remaining in compliance with the terms of your visa.
3. PROGRAM FEE REFUNDS.
For the avoidance of doubt, we do not refund Program Fees after the start of the session.
(b) All refund requests must be submitted within sixty (60) days following the date that you cancel your registration in the Program. Email summerprograms@shorelight.com to request a refund form. All refunds will be issued in United States Dollars, minus bank transfer and processing fees, including any fees incurred for a rejected payment, according to the exchange rate in place at the time of the refund. All refunds will be made to eligible parties within 30 days following receipt of an accurate and completed refund submission and finance approval.
(c) In addition to the restrictions described above, no refunds will be given in cases of dismissal, suspension or expulsion from the Program.
4. LEGAL
(a) WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU UNDER THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING UNDER THIS AGREEMENT (WHETHER BASED UPON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY) IRRESPECTIVE OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND OUR LIABILITY FOR ALL DAMAGES OR ALLEGED DAMAGES UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IS LIMITED TO, AND WILL NOT EXCEED THE FULL AMOUNT PAID TO US BY YOU. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
(b) You acknowledge and agree that we or our representatives, affiliates, successors, and related companies may photograph, video or otherwise record you and/or other students. If you do not wish to have your photograph or video taken, you must advise us in writing and state, at the time of the photography or recording, your desire not to participate. Unless you have provided us with notice regarding your desire not to participate, you hereby irrevocably grant us and our assigns, licensees, successors in interest, legal representatives, employees, consultants and agents (collectively, the “Program Entities”) the irrevocable and unrestricted right to copy, publicly display, distribute, modify, create derivative works of and otherwise use your name, image, voice and likeness and any photograph, video or audio recording in which you appear (collectively, the “Images”). You acknowledge and agree that you have no right, title or interest in or to any Images, and that the Program Entities own all right, title and interest in and to all Images. You hereby waive any right to inspect or approve any Images. You hereby waive all rights and release and discharge the Program Entities from and shall neither sue nor bring any proceeding against the Program Entities for, any claim, demand or cause of action based upon, arising from or related to the Program Entities use or exploitation of the Images (or the use of your name, image, voice or likeness in connection therewith), including without limitation, claims for libel or invasion of right to privacy, publicity or personality.
(c) We will not be liable under this Agreement for our failure or delay in performing any of the obligations imposed by this Agreement to the extent such failure or delay is the result of any event beyond its reasonable control, including: (a) any fire, explosion, unusually severe weather, natural disaster or Act of God; (ii) epidemic, disease or pandemic; any nuclear, biological, chemical, or similar attack; any other public health or safety emergency; any act of terrorism; and any action reasonably taken in response to any of the foregoing; (iii) any act of declared or undeclared ware or of a public enemy, or any riot or insurrection; (iv) damage to machinery or equipment; any disruption in transportation, communications, electric power or other utilities, or other vital infrastructure; or any means of disrupting or damaging internet or other computer networks or facilities; (v) any strike, lockout or other labor dispute or action; (vi) any action taken in response to any of the foregoing events by any civil or military authority; or (vii) any other similar event beyond our control.
(d) The law, including the statutes of limitation, of the State of California will govern this Agreement, the interpretation and enforcement of its terms and any claim or cause of action (in law or equity), controversy or dispute arising out of or related to it or its negotiation, execution or performance, whether based on contract, tort, statutory or other law, in each case without giving effect to any conflicts-of-law or other principle requiring the application of the law of any other jurisdiction. Each of the parties hereto hereby irrevocably and unconditionally consents to submit to the sole and exclusive jurisdiction of the courts of California and of the United States of America located in California (the “California Courts”) for any litigation among the parties hereto arising out of or relating to this Agreement, or the negotiation, validity or performance of this Agreement, waives any objection to the laying of venue of any such litigation in the California Courts and agrees not to plead or claim in any California Court that such litigation brought therein has been brought in any inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the California Courts.
(e) We have a legal obligation to comply with U.S. laws and regulations. We may use certain information you provided to us on your application to ensure our compliance with export and other regulations by screening you against lists prepared by federal government agencies, such as those prepared by the Office of Foreign Assets Control of the U.S. Department of the Treasury. You hereby consent to the transfer of your personally identifiable information to third-party screening services that we have retained solely to conduct such screenings.
(f) In the event that any provision of this Agreement is found to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable, and the remainder will continue in effect, to the extent consistent with the intent of the parties as of the Effective Date.
5. ACCOMMODATIONS & SERVICES.
(a)Requests for airport transfer service must be made at least 2 weeks in advance of arrival. Airport transfers are available for your initial arrival on campus for flights arriving at San Francisco International Airport (SFO). We cannot guarantee a reservation for a request made less than 2 weeks in advance.
(b) All Program students are required to be covered by health insurance that meets all United States government, California, local, and Pacific requirements. To that end:
1. You will be automatically enrolled in a health plan, offered through University Health Plans (a licensed insurance producer), as a condition of enrollment.
2. Mandatory immunizations must be met. You must have completed the required immunization documentation as outlined in program communication prior arrival in order to participate. All immunization forms must be translated into English.
3. You are solely responsible for the payment of any premiums or other costs associated with maintaining health insurance coverage. Be advised that the cost of health insurance is non-refundable.
4. You must be enrolled in the Program to be eligible for coverage under the Program-designated health plan. Your coverage will be terminated if you are dismissed or withdraw from the program.
(C) Housing Accommodation and Dining. Housing and Dining are included in the cost of the Program. You may be required to sign a housing agreement upon your arrival to campus, and you agree to adhere to such terms and any posted house rules.
6. OTHER POLICIES, PROCEDURES AND REQUIREMENTS.
(a) You must adhere to Pacific’s Code of Student Conduct which can be found here and Pacific’s Academic Honesty Policy, found here, as Pacific may amend from time to time.
(b) You may be expelled if you violate any of the Program’s or Pacific’s policies, rules, or regulations.
(c) If you are dismissed from the Program for any reason you may not-reapply to the Program.
MISCELLANEOUS
(a) Pacific faculty may, but are not required to, write you a letter of recommendation if you successfully complete the Program. Whether to write a letter of recommendation is solely in each faculty member’s discretion.
(b) Completion of the Program is not determinative or indicative of your admissibility to Pacific or any university campus.