(V1.1 – Effective June 2, 2012)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE ( www.CollegeSatPrep.com) AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY.
These Terms and Conditions (“Terms and Conditions”) are made between you, as a user of this website and of the products and services offered on this website, and by U Can Prep 4 College, Inc., a California company (“COMPANY” or “we”). You understand that by i) using this website, ii) purchasing any products or services from the website, or iii) utilizing any such products or services, you are agreeing, and will be deemed to have agreed, to these Terms and Conditions. We reserve the right to modify these Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By using this website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized on this website, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions, do not use this website.
YOUR REPRESENTATION TO COMPANY
By using this website, purchasing any products or services from the website, or utilizing any such products or services, you represent and warrant to Company that: (a) You are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under these Terms and Conditions; (b) you have reviewed these Terms and Conditions in their entirety and shall comply with all of these Terms and Conditions; (c) if you purchase products or services through the website, you will provide accurate and complete information, including, without limitation, your legal name, email and mailing addresses, telephone number(s) and credit card information; and (d) you are the authorized signatory of the credit or charge card provided to Company to pay for products and services purchased from the website.
GENERAL TERMS & CONDITIONS
Scope of Terms and Conditions
These Terms and Conditions apply to your use of all of the website at www.CollegeSatPrep.com, as well as any of its sub-domains and related domains or shopping cart pages (collectively “the Site” or “this Site”), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.
OWNERSHIP OF WEBSITE CONTENT
Unless otherwise noted, all content on the Site, which shall include, without limitation, all products and services offered on or accessed through the Site (collectively, the “Site Content”), are the sole and exclusive property of COMPANY or COMPANY’S affiliates or COMPANY’s third-party licensors and are protected by U.S. laws and international treaties. By accepting these Terms and Conditions, you do not become the owner of any Site Content, but are entitled to use the Site Content according to these Terms and Conditions and subject to all additional intellectual property notices, information or restrictions accessed through the Site. As used herein, “Site Content” shall include, without limitation, all text, editorial content, course materials, images, graphics, logos, illustrations, photographs, video, audio, and other materials on or offered by or accessed through the Site, as well as the designs, icons, layout, “look and feel,” and all other graphical elements, and all code and software of the Site and all copyrights, trademarks, service marks, trade names, patents and other intellectual property rights in any of the foregoing.
LICENSE OF WEBSITE CONTENT
You are being provided a limited, non-exclusive, non-transferable and revocable license to browse the Site and, if you elect to register with the Site, to use the Site to purchase products and services offered on the Site, and to undertake other activities that may be offered by the Site from time to time, subject to the restrictions and limitations set forth in these Terms and Conditions. If you purchase products or service offered on or accessed through the Site, your purchase shall constitute a limited, non-exclusive and revocable license to use the products and service subject to these Terms and Conditions.
PERMITTED USES OF WEBSITE CONTENT
Subject to any terms of purchase described on the Site, products and services offered on the Site are for your own personal, non-commercial use only. Certain products and services may only be accessed through the Site and may not be downloaded. Products and services purchased by you that may only be accessed through the Site shall only be accessible through the Site for one (1) year from the date of purchase. For products or services, or portion thereof, that may be downloaded, or any other Site Content which you may download, you may only download and print a single copy of such Site Content on a single computer for your own personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices contained in the original Site Content on any copy you make. Except as described authorized in these Terms and Conditions or in the terms of purchase for products or services offered by the Site, you are not permitted to copy, reproduce, modify, republish, upload, download, post, sell, lease, license, rent, transfer or in any manner distribute or otherwise use or permit others to use any Site Content or any copies thereof. You must not reverse engineer, decompile or disassemble any Site Content. The license to use the Site Content will automatically terminate if you fail to comply with any these Terms and Conditions. In the event this license is terminated, you must immediately destroy any copies you have made of the Site Content.
We reserve the right in our sole and absolute discretion to refuse access to the Site, or any areas on the Site, or to provide any product or service to any person or entity for any reason or for no reason whatsoever.
You, as the user of the Site, agree not to do any of the following while using the Site:
• harass, stalk or otherwise abuse another user;
• transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by COMPANY in its sole discretion);
• transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
• upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
• impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason; • transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
• violate any applicable local, state, federal or international law, rule or regulation.
You are prohibited from violating or attempting to violate the security of the Site. We have the right, but not the obligation, to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. We may suspend your access to the Site while we conduct an investigation. To protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Site. You are responsible for maintaining the secrecy of your user name and password.
Purchase of Products and Services
An order to purchase products and/or services offered by the Site is not binding upon COMPANY until it is accepted. COMPANY must receive payment before it will accept an order and allow you to access or download products or services or before we ship any product or provide any service (as applicable depending on the product or service purchased). You can make payment by credit card, or some other method prearranged with COMPANY. You agree to pay the amounts due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations. We are not responsible for the availability of any other site to which the Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster. Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by COMPANY for any other type of link to the Site. To seek COMPANY’S permission, you may send an E – mail to email@example.com We reserve the right, however, to rescind any permission granted by COMPANY to link through a plain-text link or any other type of link, and to require termination of any such link the Site, at COMPANY’S discretion at any time.
The address and phone number for the COMPANY is:
Ucan Prep Center
101 S. Atlantic Blvd, Suite #201
Alhambra, CA 91801
T: (626) 798-5879
You can reach Company’s customer support by email at firstname.lastname@example.org.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
General Disclaimer of Warranties
THE SERVICES, PRODUCTS AND CONTENT ON OR ACCESSED FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR CONTENT OFFERRED OR ACCESSED ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICT WARRANTY IS GIVEN BY COMPANY TO THE EXCLUSION OF ANY OTHER REMEDY AS FOLLOWS: IF A PRODUCT OR SERVICE PURCHASED BY YOU BREACHES A WARRANTY THAT MAY NOT BE DISCLAIMED, AND YOU NOTIFY COMPANY WITHIN 30 DAYS OF PURCHASE, THE COMPANY MAY, IN COMPANY’S DISCRETION, EITHER A) REPLACE THE BREACHING SERVICE OR PRODUCT OR B) REFUND OF THE MONIES PAID FOR THE BREACHING SERVICE OR PRODUCT. BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE OR ACCESS, THE SITE, ANY SITE CONTENT OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT, HOWEVER, SHALL THE TOTAL LIABILITY TO YOU BY COMPANY OR ANY OF COMPANY’S LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) $100 OR (B) IF THE LIABILITY ARISES FROM A PRODUCT OR SERVICE OFFERED BY THE SITE AND PURCHASED BY YOU, THE AMOUNT PAID BY YOU TO COMPANY TO PURCHASE SUCH PRODUCT OR SERVICE.
Disclaimer Regarding Content and Advice Provide On or Through the Site
Among other things, the Site (including products and services offered through the Site) provides advice from time to time intended to assist users to improve their SAT, ACT, SAT II, ISEE, SSAT & HSPT test scores. The information contained in or made available through the Site cannot and should not replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, or legal matters. Company does not warrant or guarantee the accuracy, completeness, adequacy, or timeliness of the information contained on the Site. Accordingly, Company and its respective employees, officers, and agents accept no liability whatsoever for the consequences of any such inaccurate or misleading data, opinion, or statement. You agree that you are using the Site and the products and services offered by the Site at your own risk.
NEITHER WE NOR OUR LICENSORS AND SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES THAT MAY RESULT FROM YOUR FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE AND ITS PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO ECONOMIC LOSS, INJURY, ILLNESS OR DEATH.
Third Party Products, Service and Content.
The Site may from time to time include or refer to products, services and/or content provided by third parties. Unless expressly provided by Company on the Site, we do not endorse, warrant or guarantee any products or services or content provided by third parties and made available or referenced on the Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services or content made available or referenced on the Site.
MINIMUM AGE REQUIREMENT
Users of the Site must be over 18 years of age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 18, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 18 years of age. If you are purchasing any of the products or services offered through or by the Site, you represent that you are at least 18 years of age.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of COMPANY or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of the COMPANY and protected by U.S. and international copyright laws.
The COMPANY’s name and other COMPANY logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of COMPANY or its affiliates in the U.S. and/or other countries. COMPANY’s trademarks and trade dress may not be used in connection with any product or service that is not COMPANY’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the COMPANY. All other trademarks not owned by the COMPANY or its affiliates that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the COMPANY or its affiliates.
SPECIAL NOTES WITH REGARD TO PRODUCT AND SERVICE PURCHASES
Authorization of Purchase
If you order anything posted on the Site, you are additionally agreeing to pay the amounts set forth therein, that the COMPANY may charge your credit card for such amounts, and that you agree to the terms set forth on that webpage in addition to these Terms and Conditions.
If you have problems or concerns regarding the Company or your purchases, you may contact Company by emailing Company at email@example.com.
COMPANY strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on the Site. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on the Site is labeled with an incorrect price due to some typographical, informational, technical or other error, COMPANY shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information.
GENERAL TERMS AND CONDITIONS
Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the use of the Site or the purchase of any products and services offered by or accessed through the Site shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of these Terms and Conditions shall not be governed by the United Nations Convention on the International Sale of Goods. COMPANY and you consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, San Diego County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, with respect to the purchase of products and services offered by or accessed through the Site, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against COMPANY that is more than one year after the date of purchase.
By using the Site, you agree that COMPANY at its sole discretion, may require you to submit any disputes arising from the use of the Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“Rules”), by one arbitrator appointed in accordance with the said Rules. Notwithstanding the Rules, however, such proceeding shall be located in the County of San Diego, State of California and governed by the laws of the State of California as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
If any provision contained in these Terms and Conditions is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms and Conditions, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law. Waiver The failure of either party to require performance by the other party of any provision of these Terms and Conditions shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms and Conditions shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These Terms and Conditions are the complete and exclusive agreement between the COMPANY and you, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between the COMPANY and you relating to the subject matter of these Terms and Conditions. These Terms and Conditions may be supplemented by additional terms and conditions set forth in writing on the Site and accepted by the user. These Terms and Conditions shall in no event be explained or supplemented by any prior course of dealings or trade by custom or usage.
Reminder: Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page from time to time to review the then-current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Site.