Terms and Conditions
Introduction
This User Agreement ("Agreement") is a contract between you and COLLEGE TEST PREP, LLC and applies to your subscription to and use of products and services available through www.collegetestprep.com (collectively the "Services"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access the Services.User Agreement
You must read, agree with, and accept all of the terms and conditions contained in this Agreement before you may become a subscriber to and user of COLLEGE TEST PREP’s Services.We may amend this Agreement at any time by posting the amended terms on our site www.collegetestprep.com (the “site”). All amended terms shall be effective 30 days after they are initially posted on our site. Upcoming changes will be posted on the "Policy Updates" page.
In this Agreement, "you" or "your" means any person or entity subscribing to and/or using the Service ("Users"). Unless otherwise stated, "COLLEGE TEST PREP," "we" or "our" will refer collectively to COLLEGE TEST PREP, LLC.
PLEASE READ THE FOLLOWING USE, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO OUR MATERIAL.
License
In consideration of and subject to your payment of the appropriate subscription fee for the Services you subscribe to, and your agreement to and compliance with the terms and conditions set forth in this Agreement, COLLEGE TEST PREP grants to you a non-exclusive, non-sub licensable, non-transferable license and right to use and access the COLLEGE TEST PREP content (the "Licensed Materials") from multiple places/locations/computers at "different times". You are not allowed to access the COLLEGE TEST PREP content from multiple places/locations/computers at "same" time.Software Use Terms
The content presented in the self-assessment examination serves as an educational tool only for high school students appearing for college admission tests. The Assessment Score calculated by COLLEGE TEST PREP is only a guideline for the subscribers. This is not intended to predict your performance on the actual SAT exams but is designed to help one assess relative strengths and weaknesses in different subjects.COLLEGETESTPREP will always keep your account and self-assessment exam performance results confidential and will not provide such information to third parties without your consent. In the event that an educational institution, i.e. medical school, residency program(s), pays for the user’s self-assessment subscription, the educational institution can request the performance results from COLLEGETESTPREP through the written consent of the user.
The COLLEGE TEST PREP software(s) has been tested with a wide range of computer configurations; however, due to the rapidly evolving computer industry and unpredictability of various factors affecting computer systems, COLLEGE TEST PREP does not guarantee the functionality of its software on every configuration, nor does COLLEGE TEST PREP guarantee predictable behavior of the software in general.
Access to Course Content & Payment
You shall be allowed to use the Licensed Materials for the specific course(s) and matter to which you have subscribed. Each course has its own subscription fees and course duration. You are not allowed to access the content of courses that you have not subscribed to. Subscribing to one course (like SAT Subject Test Math I does not mean that you will have access to all materials (like SAT Subject Test Physics and Chemistry). If COLLEGE TEST PREP does not receive payment from the card issuer, you shall pay COLLEGE TEST PREP all amounts due upon demand. COLLEGE TEST PREP may take commercially reasonable actions to validate your credit card.Refunds
Except as otherwise provided in this agreement or in the sole discretion of collegetestprep, no refunds or cancellations or changes to subscriptions will be allowed.Ownership
The Licensed Materials, including all intellectual property rights in the Licensed Materials, such as copyright, are the sole and exclusive property of COLLEGETESTPREP. By indicating that you accept these terms, you do not become the owner of the Licensed Materials, but are entitled to use them according to the terms of this Agreement.User Account, Password and Security
You must complete COLLEGE TEST PREP’s registration process in order to subscribe to and use the Services by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify COLLEGETESTPREP immediately of any unauthorized use of your account or any other breach of security. COLLEGETESTPREP will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by COLLEGETESTPREP or another party due to someone else using your account or password.Subscription term
You have obtained the right to use and access the Licensed Materials for the course(s) you have subscribed to for the subscription period of that course(s). At the end of this period, your right to use and access the Licensed Materials will expire automatically, unless you renew your subscription under the then current terms and conditions. The subscription will start immediately after the purchase unless user notifies COLLEGETESTPREP with desired start date before start using any part of the subscription. Subscription(s) cannot be suspended temporarily or reactivated at later. User must use the subscribed material with in the subscription period and no free extentions are offered for unused period. Renewals are offered as a continuation to current subscription term. Renewals are not offered for later use after expiration of current subscription. User must renew the subscription prior to expiration and use it continuosly. Renewal will only be provided to the course subscribed. Some courses are offered as a combination packages and the renewal will only be allowed for combined package but not seperately. Renewals allows the user to work for extended period on the exisitng tests information. The tests information will not be reset when the user renew the same subscription. This Agreement and your license to use the Licensed Materials will also terminate, in COLLEGETESTPREP’s sole discretion, if you fail to comply with any term or condition in this Agreement.Permitted uses
COLLEGETESTPREP reserves the right to restrict printing for any content in the website. User agrees to have access to computer and the Internet to access COLLEGETESTPREP. Except as provided in this Agreement, you may not print out the Licensed Materials. None of the course contents are allowed for print, copy-paste, save to media/disk.Prohibitions
You are expressly prohibited from copying, reverse engineering or modifying any or all of the Licensed Materials. No part of the Licensed Materials may be copied for resale or other commercial use, or offered for sale or reproduced on any bulletin boards, web sites, discussion forums, Internet domains, or online chartrooms. You many not use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted at the site. You may not disclose or share your password with any third parties or use your password for an unauthorized purpose.Restriction against transfer
You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials. All accounts at COLLEGETESTPREP are monitored for multiple logons. In the event that COLLEGETESTPREP believes in its sole discretion that an account is being used by multiple users at the same time, COLLEGETESTPREP reserves the right to terminate that account without any notice or refund. We also retain the right to sue on grounds of breach of contract. Therefore, please do not disclose your account details to anyone else.Violations
In the event that you breach any term of this Agreement, COLLEGETESTPREP may in its sole discretion terminate this Agreement, your access to the site and its provision of Services to you without refund, and COLLEGETESTPREP reserves the right to seek all remedies available by law and in equity for such breaches.Marks
The trademarks, logos, and service marks displayed on the site are the property of COLLEGETESTPREP. Users are prohibited from using any Marks without the written permission of COLLEGETESTPREP. All content on the site is protected by copyright.No warranties
COLLEGETESTPREP PROVIDES ITS SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.1. COLLEGETESTPREP does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made through the site by any party other than COLLEGETESTPREP. Other than as required under consumer protection law, under no circumstance will COLLEGETESTPREP be liable for any loss or damage caused by a User's reliance on information obtained through the site. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
2. COLLEGE TEST PREP reserves the right to withdraw subscriptions and the complete site if necessary. If this ever becomes necessary, Users will only pay for the time of their subscription that has elapsed (on a pro-rata basis).
3. COLLEGETESTPREP will use reasonable efforts to rectify any errors that occur on its site but does not guarantee access to the site in case of software errors/viruses/other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort.
4. COLLEGETESTPREP will use reasonable efforts to keep its site online at all times. User understands however that scheduled maintenance and problems out of the control of COLLEGETESTPREP can cause the site to go down.
Limitation of liability
COLLEGETESTPREP specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the site, this agreement and our services (even if COLLEGETESTPREP has been advised of the possibility of such damages) including liability associated with any medical malpractice or viruses which may infect a user's computer equipment. COLLEGETESTPREP’s maximum liability arising out of or in connection with your use of its services and site, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed your subscription fee.Confidentiality of User communications
Except as required by law, COLLEGETESTPREP will maintain the confidentiality of all User communications, which contain personal user information and which are transmitted directly to COLLEGETESTPREP. Postings by a User on any public arena, such as a message board or in any chat room, will not be protected as confidential and COLLEGETESTPREP may use and disclose information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) for any purpose deemed appropriate by COLLEGETESTPREP.Linked Internet Sites
COLLEGETESTPREP is not responsible for the content available on any other Internet sites linked to the site. Access to any other Internet sites linked to the site is at the user's own risk.Postings
COLLEGETESTPREP is under no obligation to review any messages; information or content ("Postings") posted on the site by Users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, COLLEGETESTPREP may from time to time monitor the Postings on the site and may decline to accept and/or remove any Postings that contain:1. Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
2. Advertisements or solicitations of any kind.
3. Messages posted by Users impersonating others.
4. Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
5. Messages by non-spokesperson employees of COLLEGETESTPREP purporting to speak on behalf of COLLEGETESTPREP.
6. Messages that offer unauthorized download of any copyrighted or private information.
Multiple messages placed within individual folders by the same user restating the same point.
7. Chain letters of any kind.
DMCA Guidelines
In accordance with the Digital Millennium Copyright Act or DMCA, COLLEGETESTPREP encourages all copyright infringement claims to be made in writing. Any registered user or visitor to the COLLEGE TEST PREP website who believes they are a victim of copyright infringement should notify the COLLEGETESTPREP DMCA agent immediately.If you are the copyright owner or an agent acting on behalf of the copyright owner, please provide us the following information:
The description of the probable copyright infringement material(s);
Any information that can assist COLLEGETESTPREP agents to properly pinpoint the information, including URL’s, infringer’s user ID, URL of the page, date of posting, etc.;
Detailed contact information, including your full name, address, e-mail, and telephone number;
Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.";
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Written communication should be sent to:
COLLEGE TEST PREP, LLC
P O Box 223678
Chantilly, VA 20153-3678
Transmission of personal data
User acknowledges and agrees that by providing COLLEGE TEST PREP with any personal or proprietary user information through the site, User consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with COLLEGE TEST PREP standard business practices.This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. This Agreement is governed by the internal substantive laws of the state of Virginia, United States of America, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within Virginia, United States of America. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Governing Law
This agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. This agreement is governed by the internal substantive laws of the state of Maryland in the United States of America, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Virginia in the United States of America. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.Should you have any questions regarding this agreement, you may contact COLLEGE TEST PREP at any time.