3 days or less
7 days or less
6 days or less
*Processing times may vary. Processing starts once all documents have been received, reviewed, and accepted by WES and payment has been made in full.
These terms and conditions (these “Terms and Conditions”) govern your use of the World Education Services (“WES”, “we”, “us” or “our”) credential evaluation services, as further described herein (collectively, including the WES website and all associated materials, content, and services, the “Services”).
By using the Services, you acknowledge that you have read, understand, and agree to be bound by, and accept these Terms and Conditions. WES reserves the right to use your information in a manner consistent with these Terms and Conditions. Please review these Terms and Conditions carefully. If you do not agree to be bound by these Terms and Conditions, you should not access or use the Services. These Terms and Conditions constitute a legally binding agreement between you and WES.
These Terms and Conditions contain a mandatory arbitration provision that, as set forth in Section 8 entitled “Dispute Resolution & Arbitration Agreement” below, to the fullest extent permissible by law requires you to arbitrate claims you may have against WES on an individual basis, meaning you cannot bring claims against WES in court, and confirms your agreement to a class action waiver in arbitration. It affects your legal rights. Please read it carefully.
WES may, from time to time, modify these Terms and Conditions. When WES makes changes, it will post the revised Terms and Conditions. Your use of the Services following any such modification constitutes your agreement to the modified Terms and Conditions. You should visit this page frequently to learn of any changes to these Terms and Conditions.
To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide on the Services is correct, current, and complete and that you update such information as necessary to maintain it in an up-to-date and accurate fashion. WES reserves the right, in its sole discretion, to deny use to anyone, for any reason whatsoever, as permitted by applicable law.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to accept responsibility for all activities that occur through use of your account, username and password. You agree to notify WES of any breach of security on your account. WES will not be liable for losses incurred as a result of an unauthorized use of a password, or user profile.
You are responsible for the protection of the password that you use to access the Services and for any activities or actions under your password. We encourage the use of strong passwords with your account.
As a condition of use, you agree not to use any Services for any purposes that are disruptive, unlawful or prohibited, or otherwise negatively impact WES. These activities include but are not limited to:
WES reserves the right to block, suspend, interrupt or otherwise limit, permanently or temporarily, at its sole discretion and without prior notice, access to the Services from users or sources that violate these Terms and Conditions or which pose any risk to the Services or WES generally, as determined by WES at its sole discretion.
WES provides you with the capability to communicate with us by e-mail for the sending and receiving of information. However, e-mails are not encrypted and there are risks that unauthorized persons can illegally access e-mailed information. Moreover, e-mails may contain viruses, bugs, Trojan horses or other computer code, files or programs intended to damage, detrimentally interfere with, surreptitiously intercept, limit the functionality of any computer software, hardware or telecommunications equipment. WES shall not be liable for any claims, losses, expenses or damages of any nature resulting from e-mails received from WES, or from any other electronic communications with us or the Services.
By submitting User Materials to us, you:
You acknowledge and agree to the following WES rights, procedures and policies in connection with WES’s provisioning of the Services:
From time to time, individuals who have immigrated to an applicable country (each, a “Trailblazer”) may communicate with, advise or provide content, testimonials, education or training to users through or in connection with the Services (collectively, “Trailblazer Activities”). Any Trailblazer Activities are within the applicable Trailblazer’s discretion, and WES shall not be responsible or liable for any acts or omissions of any Trailblazer. WES shall not be deemed to supervise, direct or control any Trailblazer or Trailblazer Activities. You are solely responsible for any decision you make relating to any Trailblazer or Trailblazer Activities.
WES may offer additional services from time to time (the “Additional Services”) containing additional terms and conditions. The following terms and conditions are attached to these Terms and Conditions and are incorporated by reference:
With respect to the Additional Services, in the event of a conflict between the provisions of these Terms and Conditions and the terms and conditions applicable to Additional Services, the terms and conditions applicable to the Additional Services shall prevail with respect to such Additional Services to the extent necessary to resolve such conflict.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL WES OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, REPRESENTATIVES OR CONTRACTORS UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, THE SERVICES OR ANY USER MATERIALS, REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, FOR (1) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (2) ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA OR LOSS OF GOODWILL; (3) ANY UNAVAILABILITY OF OR INABILITY TO USE THE SERVICES AND/OR ANY OTHER WES PRODUCTS AND/OR SERVICES; (4) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER WES PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SERVICES; (5) THE FAILURE TO REALIZE ANY SPECIFIC EVALUATION OR VERIFICATION OUTCOME, HAPPINESS, OR OTHER BENEFIT OR RELATED OUTCOME; (6) ANY EVENTS, MATERIALS, ACTIVITIES, CIRCUMSTANCES, DELAYS OR FAILURES BEYOND WES’ CONTROL; (7) ANY THIRDPARTY PRODUCTS (OR OTHER MATERIALS), SERVICES, OR ACTIVITIES; OR (8) MORE THAN FIVE HUNDRED CANADIAN DOLLARS (CAD$500.00) IN THE AGGREGATE.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE WES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. THE LIMITATION OF LIABILITY SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND WES. ACCESS TO THE SERVICES AND/OR ANY OTHER WES PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply and you may have additional rights. To the extent we may not, as a matter of applicable law, limit our liabilities, the extent of our liability will be the minimum permitted under such law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
You shall indemnify and hold harmless WES and its affiliates, officers, directors, employees, consultants, representatives and agents from and against any duties, taxes, payments, fines, expenses, losses, damages, claims, proceedings, actions, demands and liabilities, whether threatened or pending (collectively, “Claims”), including without limitation reasonable legal, accounting and other professional fees, brought as a result of or in connection with (a) your use (or any use under your account) of the Services, except to the extent such Claims are caused by, and would not have occurred but for, WES’ gross negligence or willful misconduct in the course of its performance of the Services hereunder; (b) your breach of these Terms and Conditions; (c) any User Materials related to you or your account; or (d) any Trailblazer Activities related to you or your account.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU AND WES AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and WES agree that, to the fullest extent permissible by law, any legal dispute between you and WES concerning or arising in any way out of your use of the Services, WES’s provision of the Services, or any communications between you and WES, shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. Accordingly, you understand and agree that you are waiving your right to sue or go to court to assert or defend your rights. However, either you or WES may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and WES, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to WES Attention: Legal Department, Bowling Green Station, P.O. Box 5087, New York, NY 10274-5087, or (2) to WES, Attention: Legal Department, 2 Carlton Street, Suite 1400. Toronto, Ontario M5B 1S3 or (3) at the billing address on file with WES. Both you and WES agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
You may opt out of this Arbitration Agreement within the first 30 days after you use the Services. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to WES at [email protected] or by sending a letter (1) to WES, Attention: Legal Department, Bowling Green Station, P.O. Box 5087, New York, NY 10274-5087 or (2) to WES, Attention: Legal Department, 2 Carlton Street, Suite 1400. Toronto, Ontario M5B 1S3. You should include your printed name, mailing address, and the words “Reject Arbitration.”
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and WES agree otherwise, any arbitration hearing shall take place in the county of your residence (as determined by your billing address on file with WES). If you live outside the United States, any arbitration will take place in New York, New York. Except for a dispute determined to be initiated in bad faith or frivolous by the arbitrator, WES will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief. You and WES also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and WES hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and, where applicable, the law of the State of New York. WES will provide notice of any material changes to this Arbitration Agreement. The terms of this Arbitration Agreement shall survive after your relationship with WES and/or use of the Services ends. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.
In the event that this Arbitration Agreement or any other portion of this Section 8 is unenforceable by operation of the federal laws of Canada or the laws of any of the Canadian provinces therein (as and if applicable), all disputes, controversies and claims arising out of, in connection with, or in relation to the Services or these Terms and Conditions, as between any Canadian resident and WES, will be governed by, interpreted, construed and enforced in accordance with the laws of the Province of Ontario, Canada, and the applicable federal laws of Canada, excluding any rules of private international law or the conflicts of laws that would lead to the application of any other laws.
WORLD EDUCATION SERVICES® is a registered trademark of WES. All rights reserved.
Trademark. All logos, trademarks, service marks, trade names, and other proprietary indicia appearing on or in connection with the Services belong exclusively to WES (as between you and WES) and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark laws. The unauthorized use of these trademarks, or any related materials, is expressly prohibited.
Copyright. Except for your User Materials, all copyright rights in the text, images, photographs, graphics, user interface, music, and other content provided in connection with the Services, and the selection, coordination, and arrangement of such content, are owned by WES or its third-party licensors to the fullest extent provided under the U.S. Copyright Act and all international copyright laws. Under applicable copyright laws (and these Terms and Conditions), you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Services for any purposes (other than those expressly authorized in writing by WES).
Except as otherwise specifically permitted in these Terms and Conditions (or expressly authorized in writing by WES), you will not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Services. WES reserves all rights not expressly granted to you in these Terms and Conditions.
The Services, Trailblazer Activities and WES materials may contain links to third-party websites, services, or other events or activities that are not owned or controlled by WES and such links may provide access to content that is offensive, inaccurate, inappropriate or otherwise problematic. Links to such third-party websites are provided solely for your convenience and WES does not endorse, approve of or control any content accessed through such links and you acknowledge and agree that WES will not be responsible or liable to you in any way whatsoever for any content or other materials hosted and served from any site other than the WES website.
If you are a resident of Canada, subject to the Arbitration Agreement, (a) you acknowledge and agree that your use of the Services, any Trailblazer Activities and any User Materials is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding any rules of private international law or conflicts of laws that would lead to the application of any other laws; and (b) you and WES agree to submit to the personal and exclusive jurisdiction of the courts located in the City of Toronto in the Province of Ontario.
If you are not a resident of Canada, subject to the Arbitration Agreement, (i) you acknowledge and agree that your use of the Services, any Trailblazer Activities and any User Materials is governed by the laws of New York and the federal laws of the United States applicable therein, excluding any rules of private international law or conflicts of laws that would lead to the application of any other laws; and (ii) you and WES agree to submit to the personal and exclusive jurisdiction of the courts located in New York, New York.
WES may discontinue any Services at any time and for any reason, without notice. We may change the contents, operation, or any other features or functionality of the Services at any time for any reason, without notice. We may discontinue or restrict your use of the Services at any time for any reason, without notice.
We endeavor, as reasonably practical, to listen to or read, as applicable, messages sent to us in accordance herewith and to reply to such messages. The information you provide is used to respond to your questions or comments. If you have any questions about these Terms and Conditions, the Services or the practices of WES, please feel free to contact us.