These Terms of Use apply to your access to and use of our www.prepmatters.com website, and any other website offered by PrepMatters and its affiliates (collectively, “we”, “us” or “our”), which references or links to these Terms of Use (collectively, the “Site”). Please read these terms carefully. They set out legally binding terms regarding your use of the Site and our products and services on the Site. Your access to and use of the Site reflects your consent to be bound by these Terms of Use. If you do not agree to any portion of these Terms of Use, your remedy is to discontinue use of the Site and products and services available through the Site immediately.
The Site and services available through the Site (together, “Services”) are only intended for use by legal resident of the United States 18 years old or older, or minors under 18 whose parents engage our Services on their behalf.
While we are glad to provide our Services and believe they can help our users, we do not promise, guarantee or warrant a user of our Services will achieve any specific test score or outcome.
1. Acceptance; Privacy Policy. You acknowledge that by accessing and/or using the Services in any manner, you agree to these Terms of Use, which also incorporate by reference our Privacy Policy. These terms and our Privacy Policy may each be updated from time to time without notice.
2. Additional Terms. Certain products and services that we offer are governed by both these Terms of Use and additional terms specific to that product or service, for example, there may be specific sales terms and conditions for specific products and services available through the Site (“Additional Terms”). In the event of any conflict between these Terms of Use and the Additional Terms, such Additional Terms shall control only with respect to the product or service to which they apply.
3. Use of Site Content. Other than as expressly permitted in the next sentence, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site without our prior written permission. You may view and display the public portions of the Site (that do not require password access) solely for your own internal, noncommercial, lawful use. You may only use restricted Site content subject to the expressly stated restrictions or limitations relating to specific material on the Site, and such other additional terms and conditions or agreements as we or our licensors or suppliers may require you to agree to as a condition to use such material. If you make other use of the Site and materials available through the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. You may not (a) decompile, disassemble or reverse engineer the Site or any portion thereof, or (b) attempt to gain unauthorized access to the Site, any portion thereof or any other computer systems or social media or mobile platforms through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information from the Site through any means not intentionally made available or provided for through the Site.
4. Intellectual Property. We and our licensors own all right, title and interest in and to the Site, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership in or rights to of any of the foregoing. The Site is copyrighted as a collective work under the United States’ and other copyright laws, and is our property. The collective work includes works that are licensed to us. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, us or our licensors. More specifically:
Test names and other trademarks are the property of their respective trademark owners. None of the following trademark holders are affiliated with PrepMatters or this website:
- SAT® is a registered trademark of the College Board
- ACT® is a registered trademark of ACT, Inc
- GMAT ® is a registered trademark of the Graduate Management Admission Council
- GRE ® is a registered trademark of the Educational Testing Service
- LSAT ® is a registered trademark of the Law School Admission Council, Inc
We do not grant any license or other authorization to use the Marks except through a separate written license agreement with us.
5. Your Content. You may interact with us in numerous ways, through the Site, by email, or by phone. You hereby grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, distribute and sublicense any content (except order information) or materials you share with us throughout the world in any media for any purpose. When you share content to us, you will not share anything that contains harmful computer code, references trademarks not owned by us, or is infringing, false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing, or would otherwise reflect us and our products and services in a negative light. Any non-personal information you submit to us by posting to the Site, by email, phone, or otherwise is considered non-confidential and non-proprietary. We have no obligation to review or use any content you submit to us, but if we elect to use it, we are free to use and repurpose it for any purpose. Specifically, we are free to use any ideas or concepts for any purpose whatsoever, without any compensation or notice to you or approval from you. We do not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you.
6. Accounts. We may assign you a password and user name to enable you to access and use certain portions of the Site, or otherwise enable you to create an account with us through the Site. Each time you use your log-in credentials, you reaffirm your agreement to access and use the Site in a manner consistent with the provisions of these Terms of Use. We have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING YOUR ACCOUNT, WHETHER OR NOT SUCH ACCESS USE IS ACTUALLY AUTHORIZED BY YOU OR NOT, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCOUNT. You are solely responsible for protecting the security and confidentiality of your account log-in credentials, including the password and user name. You shall immediately notify us of any unauthorized use of your account or any other breach or threatened breach of this Site’s security. We will not be responsible or liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to refuse accounts and terminate accounts in our sole discretion.
7. Our Offerings. We are not responsible for, and reserves the right to correct all, errors on the Site, including, without limitation, any pricing errors or mis-descriptions of products or services. Actual products and services available may differ slightly from their depiction on the Site, and my not be available for delivery to or use in all locations. While we endeavor to maintain the Site current, we make no representation as to the accuracy or completeness of any Site content, including, without limitation, information about our product and service offerings.
8. Errors. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical or other error in pricing or product information on the Site, we shall have the right to correct the error and refuse or cancel any orders placed at the incorrect price. We shall have the right to refuse or cancel any pending orders affected by the error whether or not the order has been confirmed and payment has already been collected.
9. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND ITS CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT AND/OR OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, THAT THE FUNCTIONS OR CONTENT CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY OR THROUGH, THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. Without limiting the foregoing, WE DISCLAIM ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR REPRESENTATIVE(S) SHALL CREATE A WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR OWNERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS OR REPRESENTATIVES BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall WE BE liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of USD $50.00 or the fees paid by you for access to the SITE, IF ANY, during the previous 12-month period, whichever is LESS. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
11. Indemnification. You agree to: (a) defend, at our request, us and our owners, officers, directors, members, shareholders, employees, contractors, agents, licensors, and/or representatives (collectively, the “Indemnified Parties”) against any action or suit that arises out of your use or misuse of the Site or its content, any transaction or other dealings in which you and any other user or other third party are involved and/or your breach of any of your representations, warranties or covenants under these Terms of Use; and (b) indemnify and hold harmless the Indemnified Parties for all settlement amounts or damages, liabilities, costs and/or expenses (including, without limitation, attorneys’ fees) awarded or arising out of such a claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with us in asserting all available defenses.
12. Jurisdictional Issues; No Export. The Site is operated out of the United States and our products, services, materials, offers, and information appearing on the Site are intended for U.S. users. The Site may not be available to users outside of the United States. We make no representation that materials or information on the Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials on the Site or products purchased through the Site in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.
13. Changes to these Terms of Use, Site. We reserve the right to modify these Terms of Use, and to add new or additional terms or conditions on your use of the Site, for any reason, without notice, at any time. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms of Use upon posting of revised Terms of Use on the Site. Your continued use of the Site afterward will be deemed acceptance of the then-current Terms of Use. We may modify or discontinue providing the Site and our Services more broadly, in whole or in part, at any time, for any reason, without prior notice.
14. Copyright Notice. If you believe that any content available through the Site infringes a copyright claimed by you, please contact us at info@prepmatters.com.
15. Governing Law. The laws of the State of Maryland, U.S.A., excluding its conflicts of law rules, govern these Terms of Use, the license granted herein and your use of the Site and its content. Your use may also be subject to other local, state, national or international laws.
