TERMS OF SERVICE
Updated on April 22 nd, 2024
ACCEPTANCE OF THE TERMS OF SERVICE
These Terms of Service are entered into by and between You and Patel Educational Services, Inc. doing business as Prep Expert, a Delaware Corporation (“Prep Expert,” “Company,” “We,” “Our” or “Us”). If You purchase services for use by another (for example, a parent purchasing for a child) these Terms of Service govern both You and other(s) who use any services You purchase from Us (collectively, “You” or “Your”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern Your access to and use of Prep Expert’s services and prepexpert.com (collectively, the “Site”), including any content, functionality, and services offered on or through prepexpert.com, whether as a guest or a registered user.
Please read the Terms of Service carefully before You start to use the Site and the associated services. By using the Site or by clicking to accept or agree to the Terms of Service when this option is made available to You, You accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://prepexpert.com/privacy-policy/, which is incorporated herein by reference. If You do not want to agree to these Terms of Service or the Privacy Policy, You must not access or use the Site.
This Site is offered and available to users who are 13 years of age or older.
By using this Site, You represent and warrant that You are of legal age to form a binding contract with Prep Expert and that You (and any users authorized by You under Your account) meet the eligibility requirements. If You do not meet these requirements, You must not access or use the Site.
ACCESSING THE SITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for You to have access to the Site.
- Ensuring that all persons who access the Site through Your internet connection are aware of these Terms of Service and comply with them.
To access the Site or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Site that all the information You provide on the Site is correct, current, and complete. You agree that all information You provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.
If You choose a user name (usually an email), password, or any other piece of information as part of our check out procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Site or portions of it using Your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Service.
You agree that only one person will use each account that You purchase from us. We may restrict access to Your account with no refund provided if we believe the account is being used by more than one person. In such a case, if in fact only one person was using the account, Prep Expert will restore that account.
COURSE TERMS
The following shall apply if You enroll in a Prep Expert SAT/ACT Prep Course, All Access Pass, and Unlimited Prep. For private tutoring, admissions consulting, and subscription orders, please refer to the applicable terms below.
- Course Access. You will have access to Your live online prep course from the beginning of the first class (“Course Start”) date until sixty (60) days after the concluding class (“Course End”). You will have access to any self-paced videos for one (1) year after the course is started. After the access period ends, you will no longer be able to view either the self-paced videos or the live course recordings, the homework assignments, practice tests, or eBooks.
- Late Arrival. No adjustment shall be made for time lost because of a late arrival by You. Prep Expert will compensate for the late arrival of an instructor by extending a class for the time missed.
- Rescheduling. Occasionally, due to various circumstances, We may change a course schedule or instructor. While this is unlikely, We will do our best to accommodate You if You wish to move into a different course, including waiving any applicable transfer fees.
- Cancellation. Occasionally, due to various circumstances, We may cancel a course entirely. If We cancel a course in which You are registered and are unable to reschedule You into another course that is acceptable to You, we will refund all tuition You have paid, and We will have no further liability to You regarding the cancelled course.
- Withdrawals. In some cases and at our discretion, We may permit You to withdraw from a Prep Expert course. If You wish to withdraw from the course in which You are currently enrolled, then You must submit Your request either by emailing [email protected] or calling (877) 345-7737 and speaking to a Customer Service Representative. Only the payor (typically, a parent or guardian) may request a withdrawal.
If You choose to withdraw Your enrollment in any live online or self-paced prep course You may do so within fourteen (14) days of purchase for a full refund. No refunds will be given more than fourteen (14) days after purchase.
If You choose to withdraw Your enrollment in All Access Pass You may do so within thirty (30) days of your initial enrollment date for a full refund. No refunds will be given more than thirty (30) days after purchase.
If You choose to withdraw Your enrollment in Unlimited Prep You may do so within thirty (30) days of purchase for a full refund. No refunds will be given more than thirty (30) days after purchase.
- Transfers. In some cases, You may be able to transfer from a Prep Expert course. If You wish to transfer from the course in which You are currently enrolled, then You must submit Your request either by emailing [email protected] or calling (877) 345-7737 and speaking to a Customer Service Representative.
If You choose to transfer Your enrollment in a live online prep course before the course start date/time, You will be able to do so by contacting Us at [email protected] or (877) 345-7737.
If You choose to transfer Your enrollment in a live online prep course after the course start date/time, You will automatically void any respective Score Improvement GuaranteeSM You may have for that course.
Additionally, if You choose to transfer Your enrollment in a live online prep course after class 4, You will only be able to join that new course at the class from which You left off. It is Your responsibility to inform Prep Expert when You would like to transfer to the new course. Please note: You will temporarily lose access to the student dashboard and Video Answer Solutions until You are officially transferred to the new class.
- Code of Conduct. Students shall not engage in disruptive behavior, which includes but is not limited to: harassment of any kind, hate speech, or discriminatory behavior during any Prep Expert course or other violations of these Terms of Service. This also includes but is not limited to defamatory statements against Prep Expert, its parent company, Patel Educational Services, Inc., and Prep Expert employees or contractors. In the event an instructor believes a student is engaging in disruptive behavior, the instructor may ask the student to leave the session immediately. If the student refuses to leave, their Prep Expert account will be suspended indefinitely and no refunds, prorated or otherwise, will be given. If You leave by logging out of the live online virtual classroom, tutoring session or college admissions consultation, a Prep Expert representative will follow-up with You to convey expectations regarding future behavior before the next session. If You have any future incidents, Your account will be suspended indefinitely and no refunds, prorated or otherwise, will be given. Prep Expert reserves the right to indefinitely suspend and/or remove You from any course for disruptive behavior, and in doing so, no refunds, prorated or otherwise, will be given.
- Credits for Courses. If you have enrolled in either All Access Pass or Unlimited Prep and purchased a prep course or private tutoring no more than 365 days prior, then you may be eligible for a credit. In the case of an All Access Pass purchase, then the credit will come as a reduction in your monthly renewal payments. In the case of an Unlimited Prep purchase, then the credit will be processed approximately 30 days after enrollment.
- Free Trials. Free trials are limited to one per household. If You violate this policy, We reserve the right to cancel your order and a refund, prorated or otherwise, will not be offered.
- Payment Plans & Score Improvement Guarantees. If you have enrolled in a test preparation course and have chosen to pay for it in installments, it is important to note that failure to complete the payment schedule will result in the immediate loss of your course access. Additionally, you will not be eligible for the score improvement guarantee that comes with the course.
- New Prep Courses & All Access Pass/Unlimited Prep Expiration. If you are enrolled in All Access Pass or Unlimited Prep and would like to add a new prep course to your account, the date of the first class of the prep course must be before the expiration date of your All Access Pass or Unlimited Prep.
PRIVATE TUTORING TERMS
The following shall apply if You are enrolled in a Prep Expert tutoring package.
- Scheduling. You and Your selected tutor will agree upon a mutually convenient means of scheduling sessions — for example, by email or text message. When You and Your tutor agree on a time for an individual session or for a recurring session, that session’s scheduling will be considered to be active. Students and tutors should communicate directly with each other to change the time of any scheduled session. A time change for recurring sessions is only considered confirmed if it is agreed upon by both parties prior to the start time of the session. If it is not agreed upon by both parties, the session would still begin at the originally scheduled time, and the party seeking the time change will still be subject to any penalties that would occur for missing the originally scheduled session. Once scheduled, the tutoring agenda may be set/changed based on the relationship between the student and tutor and what is requested for optimal results.
- Student Rescheduling. In the event You cancel a session, You must provide Prep Expert and Your tutor with notice of cancellation no less than twenty-four (24) hours before the scheduled session. If You fail to provide both Prep Expert and the tutor at least twenty-four (24) hours notice of cancellation, Your time will be reduced as if the session had occurred as scheduled. To provide notice of cancellation, please email Your tutor and Prep Expert at [email protected]; this message must have “CANCELLATION” as its subject and must list the soon-to-be-missed session date/time, Your name, and the tutor’s name. Tutors may be able to accommodate session changes on shorter than twenty-four (24) hours notice; however, tutors are not responsible for making such sessions. There is also no guarantee that any session will be rescheduled to meet a test deadline, regardless of whether or not You make Your request twenty-four (24) hours in advance.
- Tutor Rescheduling. In the event Your tutor must cancel a scheduled session, they will provide You with notice of cancellation no less than twenty-four (24) hours before the scheduled session.
- Late Arrival. No adjustment shall be made for time lost because of late arrival by You. If the tutor is late for a session, then they will make up for the missed time.
- Tutor Changes. Occasionally, due to various circumstances, We may replace a tutor whom You have selected with another. We will not refund the amount You have paid should we replace Your tutor within two (2) weeks. If We are unable to assign You another tutor within a two (2) week period, We will refund all the tuition You have paid minus the time that has been used, and We will have no further liability to You regarding the cancelled tutoring package.
- Withdrawals. If you choose to withdraw Your/Your Student’s enrollment in a tutoring package, You may do so within fourteen (14) days of purchase. No refunds will be given for withdrawals after the first scheduled tutoring session. To request a withdrawal, please call us at (877) 345-7737 or email us at [email protected].
- Additional Hours. You can purchase additional private tutoring hours. Additional hours are considered a separate purchase and cannot be combined with the initial package to receive a reduced per hour rate. We cannot guarantee that your original tutor will be available for the additional hours.
- One Package / One Tutor. Each private tutoring package can only have one private tutor assigned to it. If you need multiple tutors or multiple subjects, You must purchase separate packages.
- Refunds & Guarantees. Due to the nature of private tutoring, Prep Expert does not offer a point improvement guarantee nor grant refund requests of any kind for tutoring packages.
ADMISSIONS CONSULTING TERMS
The following shall apply to Applicants enrolled in a Prep Expert Admissions Consulting package.
- Good Faith/Applicant Responsibilities/Deadlines. You agree to faithfully pursue the advice provided by Your consultant to exert Your best effort in completing the application process. This includes, but is not limited to, submitting adequate draft essays after consultation and strategy sessions, completing online applications to the best of Your ability, obtaining letters of recommendation from teachers in a timely manner, submitting accurate information, updating colleges about changes in schedule, and sending score reports and transcripts to colleges when required. Prep Expert is not responsible for missed deadlines resulting from late, inadequate and/or missing draft responses for applications and/or from failure to submit required materials. You agree to follow the timeline established by Admissions Consultant for completing applications, including deadlines for drafts. Generally, unless otherwise agreed upon in writing via email, You must submit draft responses at least two weeks prior to a deadline and allow up to 4-6 days to receive feedback from Admissions Consultant. Prep Expert reserves the right to cancel an agreement if You are not acting in good faith and/or failure to meet deadlines for drafts. You understand that You are ultimately responsible for applications submitted. No refunds will be given for missed deadlines or failure to follow timelines established with Admissions Consultant.
- Unethical Interference/False Information. Prep Expert reserves the right to cancel an Admission Consulting Package if a parent, guardian and/or other person interferes with the application process in an inappropriate and/or unethical manner. This includes, but is not limited to, a person other than You writing essay drafts, communicating false information about familial circumstances and/or exaggerating hours per activity. No refunds will be given.
- Deadlines. It is Your responsibility to inform Your consultant in writing via email of any deadline at least eight (8) weeks prior to any deadline. This will ensure applications are submitted on time. This includes deadlines for any scholarship applications, summer programs, and/or other programs.
- Hours with Consulting Packages. You understand and acknowledge that hours with any consulting package includes time spent on meetings, phone calls, edits, research for colleges and programs, and other components of the college application process. No refunds will be given for unused hours.
- Scheduling. You and Your assigned consultant will agree upon a mutually convenient means of scheduling sessions — for example, by email or text message. When You and Your consultant agree on a time for an individual session or for a recurring session, that session’s scheduling will be considered to be active. You should communicate directly with consultants to change the time of any scheduled session. You are expected to be vigilant in keeping to the mutually agreed upon schedule as part of the Good Faith clause.
- Consultant Changes. Occasionally, due to various circumstances, We may replace a consultant to whom You have been assigned with another. We will not refund the amount You have paid should we replace Your consultant within a reasonable amount of time of two (2) weeks. If We are unable to assign You another consultant within a two (2) week period, We will refund all payment and We will have no further liability to You regarding the canceled consulting package.
- Additional Hours. If You exceed the hourly limit for consulting services purchased with a package You may purchase additional hours at a rate of $300 per hour with Your consultant.
- Refunds. In the highly unlikely event of a refund request, You are responsible for travel costs for Consultant (if applicable), costs of test preparation classes offered at no additional or discounted cost with an admissions package, and all hours used with Admissions Consulting at a rate of $300/hour. In addition, a 10% cancellation fee of the original payment will be subtracted from any refund. No refunds will be given after the third admissions consulting session/meeting with any package.
- Guarantees. Prep Expert does not offer a guarantee of admission to any school, expressed or otherwise implied.
- Down Payments. Prep Expert may offer down payments of 50% for the Gold and Platinum Packages only for students not yet in their junior or senior year of high school. Full payment for any package must be made prior to the start of the application process or when 50% of the one-on-one consulting hours have been used, whichever comes first. If full payment is not received by this time, then Prep Expert reserves the right to cease services or switch counselors and a refund (prorated or otherwise) will not be given. Once 50% of one-on-one admissions consulting hours have been reached without fully paying for any package, then services will cease.
- Credits for Courses. If you have enrolled in an Admissions Consulting Package and purchased an SAT or ACT prep course no more than 365 days prior, then you may be eligible for a credit. The credit will be processed after the third admissions consulting session/meeting with any package.
- Online Weekend College Essay Boot Camp. This course is a separate purchase and is not included in any Admissions Consulting Packages. Prep Expert does not offer a guarantee of admission to any school, expressed or otherwise implied. Your Student is not permitted to record the classes. You will be allowed to submit one (1) draft Common Application essay to [email protected] and receive feedback via email within ten (10) business days. No additional submissions will be reviewed. It is Your responsibility to attend the entire weekend, write drafts after receiving guidance, and to submit draft Common Application within one (1) week of the end of the Boot Camp (Sunday at 5 pm PST the following week). No refunds will be given if You miss any of the teaching sessions/any part of the Boot Camp or otherwise fail to attend. In accordance with general Prep Expert policies with respect to Admissions Consulting, You understand that all Prep Expert materials and methods are the exclusive property of Patel Educational Services Inc, DBA Prep Expert and You agree not to copy, disclose, reproduce, sell, or otherwise distribute any information, materials, or methods obtained from Us.
SUBSCRIPTION TERMS
The following shall apply to customers enrolled in a Prep Expert subscription package.
- Subscription. Your Prep Expert subscription will continue and automatically renew until terminated. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method.
- Billing and Cancellation.
- Billing Cycle. The subscription fee for your Prep Expert service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method monthly. Billing cycles cannot be changed.
- Payment Methods. To use the Prep Expert subscription you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
- Cancellation. You can cancel your Prep Expert subscription at any time, and you will continue to have access to the Prep Expert subscription through the end of your billing period. In order to cancel, contact a Customer Service Representative at (877) 345-7737 or [email protected].
- Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes or changes to your subscription plan will take effect following notice to you.
- No refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Guarantees. All subscription products are not eligible for any of Prep Expert’s Score Improvement Guarantees.
- One Student Per Account. Sharing your Prep Expert subscription is strictly prohibited. If it is confirmed that You or Your Student has allowed another person to access and use the account, then your account will be terminated, and no refund, prorated or otherwise, will be given.
- Tutoring Subscriptions.
- General Terms. Private Tutoring Terms (click here for details) apply to all subscription tutoring products unless specified in this section.
- Scheduling Requests. Please allow 48 hours for your tutor to respond to your scheduling request. Tutors are not required to accommodate requests made within 48 hours of the requested session date/time.
- Additional Hours. You can purchase additional private tutoring hours, which are considered separate purchases. Please discuss with your tutor their availability before purchasing additional hours. To purchase additional hours, contact Prep Expert at (877) 345-7737 or [email protected].
- Free Sessions. Free sessions are limited to one (1) per customer.
GIFT CARD TERMS
The following shall apply if You purchased a Prep Expert Gift Card:
- Issuance. Your Gift Card will be issued by email and in the form of a unique coupon code. We will not issue a physical card. Due to this, you will not be able to add value to Your Gift Card.
- Redemption. You may redeem your gift card at prepexpert.com only. Vendors or Affiliates that are licensed to sell Prep Expert products are not permitted to accept and/or advertise they accept Prep Expert gift cards. If You use Your Gift Card on a site other than prepexpert.com, then You will not be refunded.
- Expiration. Your Gift Card does not expire.
- Gift Card Refund. You may request a refund for your Gift Card within seventy-two (72) hours of purchase and we will refund You in full. The refund will be processed back to the original form of payment. No refunds will be given more than seventy-two (72) hours after purchase or after redemption (partial or otherwise), whichever comes first.
- Score Improvement Guarantee Refunds. If a Gift Card is used to purchase a course, the Student completes the course per this Terms of Service, and the Score Improvement Guarantee associated with that course is not achieved, a refund will be issued to the customer that purchased the Gift Card.
If the Gift Card amount did not cover the cost of the entire course, and the purchaser used an alternative form of payment for any amount above the value of the Gift Card, then a refund will be issued:- to the purchaser of the Gift Card in the amount of the Gift Card
- to the purchaser of the course for any amount above the value of the Gift Card
- No Cash Value. The Gift Card holds no cash value. Any unused portion of the Gift Card will not be refunded.
- Sales & Discounts. Gift Cards are not eligible under the Sales & Discounts section of this Terms of Service.
- Eligible Products. Gift Cards can not be used on Admissions Consulting Packages.
PAYMENT
All Prep Expert services must be paid in full upon enrollment. All Access Pass and some prep courses can be split into monthly payments. If you do not complete the obligated monthly payments for any reason, Prep Expert reserves the right to stop access to all services immediately. No refunds will be issued for previous payments paid.
GUARANTEES AND GUARANTEE REFUND REQUESTS
In order for Us to offer Our guarantees, we are reliant upon You completing Our course in full (“Completes”). All Prep Expert guarantees apply to the first course You have enrolled in and may only be used once by each individual student; there can be no combining of guarantees in multiple purchases. Guarantees are also not valid for bulk or group purchases, which are defined as single orders/invoices including two or more students. Upon receipt of a refund for a guarantee, You may lose access to other products you may have purchased from Prep Expert, including but not limited to Video Answer Solutions, Course Upgrades, and previous video recordings. By accepting a refund for an applicable guarantee, You acknowledge that You may no longer have access to any content You may have purchased located in Your dashboard. All Score Improvement Guarantees are for courses only and do not include supplemental material including but not limited to Video Answer Solutions and Course Upgrades.
200-POINT SCORE IMPROVEMENT GUARANTEESM
Prep Expert is so confident in our SAT prep methodology, we backup our 8-week Capstone SAT Prep Courses, 7-week Founder SAT Prep Course, and 6-Week Flagship SAT Prep Courses with a remarkable 200-Point Score Improvement Guarantee℠! You qualify for our 200-Point Score Improvement Guarantee℠ if:
- You have an official SAT or PSAT score (“starting score”) before the start of an 8-week Capstone SAT Prep Course, 7-week Founder SAT Prep Course, or 6-week Flagship SAT Prep Course. An official SAT or PSAT score is one received after taking an official SAT or PSAT exam administered by the College Board. Because the PSAT and SAT are scored on different scales, official PSAT scores will be converted to SAT scores to determine the starting score. If You have taken multiple official SATs or PSATs prior to the course start date, then we will accept the score from the test taken immediately prior to the course start date.
- You have a starting score of 1250 or less. If Your starting score is 1260 and above, You qualify for an improvement guarantee up to a score of 1450. We do not offer a guarantee to students with starting scores of 1450 or above.
- You take another official SAT exam administered by the College Board within sixty (60) days after the last official class of Your course, or the next available SAT exam administered by the College Board after the last official class of Your course. Prep Expert will only accept the first official SAT exam taken after the last official class of Your course.
- You Complete our 8-week Capstone, 7-week Founder, or 6-week Flagship SAT Prep Course. The following are the requirements to Complete our 8-week Capstone, 7-week Founder, or 6-week Flagship SAT Prep Course:
- Attendance Completion. Attend 80% of the classes for at least 80% (or a minimum of 2 hours 24 minutes) of each class. To verify attendance, You must use the same Zoom account for each class and not alter your email or name for the duration of the course. You must also answer at least 80% of the poll questions posed by instructors during the entire course to ensure active learning engagement.
- Homework Completion. Turn in 90% of homework assignments, on time and in full. Each homework assignment must be submitted by You on the student dashboard before the submission deadline. Homework assignments submitted late will be considered incomplete. Because homework represents a vital component of successful test prep, Prep Expert cannot grant exceptions or extensions to homework assignment requirements. Homework assignments must also represent a good-faith effort on the part of You.
- Practice Test Completion. Complete 100% of practice tests, on time and in full. Each practice test must be submitted by You on the student dashboard before the submission deadline. Practice tests submitted late will be considered incomplete. Because practice tests represent a vital component of successful test prep, Prep Expert cannot grant exceptions or extensions to practice test requirements. Practice tests must also represent a good-faith effort on the part of You. Because practice tests must be very strictly timed to serve as effective test preparation, each practice test must be completed and submitted within a window of time totaling no more than six (6) hours. If more than six (6) hours elapse between the submission of the first section of a practice test and any other section of that practice test, it will be considered incomplete.
- Paid in Full. If you fail to complete the payment schedule for your test preparation course installments, you will not be eligible for the score improvement guarantee.
Please note: The Video Answer Solutions and Course Upgrades are not part of the 200-Point Score Improvement Guarantee. No refunds will be given after the use of Video Answer Solutions which shall be based on submitting any section of a practice test on the student dashboard.
4-POINT SCORE IMPROVEMENT GUARANTEESM
Prep Expert is so confident in our ACT prep methodology, we backup our 8-week Capstone ACT Prep Course and 6-week Flagship ACT Prep Courses with a 4-Point Score Improvement Guarantee℠! You qualify for our 4-Point Score Improvement GuaranteeSM if:
- You have an official ACT score (“starting score”) before the start of an 8-week Capstone ACT Prep Course or 6-week Flagship ACT Prep Course. An official ACT score is one received after taking an official ACT exam administered by the ACT.
- You have a starting score of 28 or less. If Your starting score is 29 and above, You qualify for an improvement guarantee up to a score of 32. We do not offer a guarantee to students with starting scores of 32 or above.
- You take another official ACT exam administered by the ACT within sixty (60) days after the last official class of Your course, or the next available ACT exam administered by the ACT after the last official class of Your course. Prep Expert will only accept the first official ACT exam taken after the last official class of Your course.
- You fully Complete our 8-week Capstone ACT Prep Course or 6-Week Flagship ACT Prep Course.The following are the requirements to complete our 8-week Capstone ACT Prep Course or 6-week Flagship ACT Prep Course:
- Attendance Completion. Attend 80% or a minimum of ten (10) of twelve (12) classes for at least 80% or a minimum of 2 hours 24 minutes of each class. To verify attendance, You must use the same Zoom account for each class and not alter the email or name for the duration of the course. You must also answer at least 80% of the poll questions posed by instructors during the entire course to ensure active learning engagement.
- Homework Completion. Turn in 90%, a minimum of eighteen (18) of twenty (20) homework assignments, in full and on time. Each homework assignment must be submitted by You on the student dashboard before the submission deadline. Homework assignments submitted late will be considered incomplete. Because homework represents a vital component of successful test prep, Prep Expert cannot grant exceptions or extensions to homework assignment requirements. Homework assignments must also represent a good faith effort on Your part. PLEASE NOTE: Homework Completion also includes completing each Writing section according to Prep Expert’s essay submission requirements and submitting the completed essay in Your dashboard on time. All students are required to complete the Writing sections.
- Practice Test Completion. Complete 100%, a minimum of all six (6) assigned practice tests, in full and on time. Each practice test must be submitted by You on the student dashboard before the submission deadline. Practice tests submitted late will be considered incomplete. Because practice tests represent a vital component of successful test prep, Prep Expert cannot grant exceptions or extensions to practice test requirements. Practice tests must also represent a good faith effort on the part of You. Because practice tests must be very strictly timed to serve as effective test preparation, each practice test must be completed and submitted within a window of time totaling no more than six (6) hours. If more than six (6) hours elapse between the submission of the first section of a practice test and any other section (including the Writing section), of that practice test, that practice test will be considered incomplete. PLEASE NOTE: Practice Test Completion also includes completing each test’s Writing section according to Prep Expert’s essay submission requirements and submitting the completed essay in Your dashboard on time as part of the full test. All students are required to complete all Writing sections.
- Paid in Full. If you fail to complete the payment schedule for your test preparation course installments, you will not be eligible for the score improvement guarantee.
Please note: The Video Answer Solutions and Course Upgrades are not part of the 4-Point Score Improvement Guarantee. No refunds will be given after the use of the Video Answer Solutions which shall be based on submitting any section of a practice test on the student dashboard.
SCORE IMPROVEMENT GUARANTEESM FOR PSAT
Prep Expert is so confident in our PSAT prep methodology, that we back our 4-Week PSAT Prep Courses with a Score Improvement Guarantee℠! Our Score Improvement Guarantee℠ guarantees that You will improve on a PSAT/NMSQT score by at least ten (10) points. You qualify for our Score Improvement GuaranteeSM For PSAT if:
- You have an official PSAT 10 (“starting score”) before the start of a 4-Week PSAT Prep Course. An official PSAT 10 score is one received after taking an official PSAT 10 exam administered by the College Board.
- You have a starting score of 1360 or less. If You/Your Student’s starting score is 1370 and above, You do not qualify for Our Score Improvement Guarantee℠.
- You take an official PSAT/NMSQT exam administered by the College Board within one hundred and twenty (120) days after the last official class of Your course, or the next available PSAT/NMSQT exam administered by the College Board after the last official class of Your course. Prep Expert will only accept the first official PSAT/NMSQT exam taken after the last official class of Your course.
- You fully Complete our 4-Week PSAT Prep Course. The following are the requirements to complete our 4-Week PSAT Prep Course:
- Attendance Completion. Attend at least 80% of the classes for at least 80% (or a minimum of 2 hours 24 minutes) of each class. To verify attendance, You must use the same Zoom account for each class and not alter the email or name for the duration of the course. You must also answer at least 80% of the poll questions posed by instructors during the entire course to ensure active learning engagement.
- Homework Completion. Turn in a minimum of 90% of homework assignments, on time and in full. Each homework assignment must be submitted by You on the student dashboard before the submission deadline. Homework assignments submitted late will be considered incomplete. Because homework represents a vital component of successful test prep, Prep Expert cannot grant exceptions or extensions to homework assignment requirements. Homework assignments must also represent a good-faith effort on Your part.
- Practice Test Completion. Complete a minimum of all four (4) assigned practice tests, on time and in full. Each practice test must be submitted by You on the student dashboard before the submission deadline. Practice tests submitted late will be considered incomplete. Because practice tests represent a vital component of successful test prep, Prep Expert cannot grant exceptions or extensions to practice test requirements. Practice tests must also represent a good-faith effort on Your part.
- Paid in Full. If you fail to complete the payment schedule for your test preparation course installments, you will not be eligible for the score improvement guarantee.
SCORE IMPROVEMENT GUARANTEESM FOR DIGITAL SAT FOUNDER COURSE
Prep Expert is so confident in our SAT prep methodology, that we back our Digital SAT Founder Course with a 100-Point Score Improvement Guarantee℠! Please note: All monthly subscription prep courses are not eligible for this Score Improvement Guarantee. For details about our monthly subscription courses, please click here. Our 100-Point Score Improvement Guarantee℠ guarantees that You will improve an SAT score by at least one hundred (100) points. You qualify for our 100-Point Score Improvement GuaranteeSM if:
- You have an official SAT or PSAT score before enrolling in a Digital SAT Founder Course (“Starting Score”). An official SAT or PSAT score is one received after taking an official SAT or PSAT exam administered by the College Board. Because the PSAT and SAT are scored on different scales, official PSAT scores will be converted to SAT scores to determine the starting score.
- You have a Starting Score of 1350 or less.If Your Starting Score is 1350 or above, You qualify for an improvement guarantee up to a score of 1450. We do not offer a guarantee to students with starting scores of 1450 or above.
- You take another official SAT exam administered by the College Board within sixty (60) days of completing the requirements of the course. Prep Expert will only accept the first official SAT exam taken after completing the requirements of the course.
- You fully Complete our Digital SAT Founder Course. To complete our Digital SAT Founder Course:
- Attendance Completion. Watch 100% of the videos in full prior to taking an official SAT.
- Homework Completion. Turn in a minimum of 90% of homework assignments, on time and in full. Each homework assignment must be submitted by You on the student dashboard before the submission deadline. Homework assignments submitted late will be considered incomplete. Because homework represents a vital component of successful test prep, Prep Expert cannot grant exceptions or extensions to homework assignment requirements. Homework assignments must also represent a good-faith effort on Your part.
- Practice Test Completion. Complete 100% of practice tests, on time and in full. Each practice test must be submitted by You on the student dashboard before the submission deadline. Practice tests submitted late will be considered incomplete. Because practice tests represent a vital component of successful test prep, Prep Expert cannot grant exceptions or extensions to practice test requirements. Practice tests must also represent a good-faith effort on the part of You. Because practice tests must be very strictly timed to serve as effective test preparation, each practice test must be completed and submitted within a window of time totaling no more than six (6) hours. If more than six (6) hours elapse between the submission of the first section of a practice test and any other section of that practice test, it will be considered incomplete.
- Paid in Full. If you fail to complete the payment schedule for your test preparation course installments, you will not be eligible for the score improvement guarantee.
Please note:The Video Answer Solutions and Course Upgrades are not part of the Score Improvement Guarantee for the Digital SAT Founder Course. No refunds will be given after the use of Video Answer Solutions which shall be based on submitting any section of a practice test on the student dashboard.
ALL ACCESS PASS $10,000 SCHOLARSHIP OFFER GUARANTEESM
Prep Expert is so confident in our test prep methodology and guidance, we back up All Access Pass with a remarkable $10,000 Scholarship Offer Guarantee℠! You qualify for our $10,000 Scholarship Offer Guarantee℠ if:
- Enrolled in All Access Pass for at least 365 days. Your enrollment period begins the day you purchase All Access Pass and ends the day You graduate high school. All payments for All Access Pass must be received by Prep Expert prior to the end of your enrollment period.
- Score in the 99th percentile on an official SAT or ACT. An official SAT score is one received after taking an official SAT exam administered by the College Board. An official ACT score is one received after taking an official ACT exam administered by the ACT. You must achieve the 99th percentile (based on the Nationally Representative Sample) on an official SAT or ACT prior to applying to at least 25 local scholarships (scholarships that are only open to students in your city or state)
- Monthly Mentorship Masterminds Attendance. You must attend live at least 80% of the Monthly Mentorship Masterminds with Dr. Shaan Patel. For attendance to count for an individual Monthly Mentorship Mastermind, You must attend live for at least 80% of the session.
- Quarterly Scholarship Summits Attendance. For attendance to count for an individual Quarterly Scholarship Summit, You must attend live for at least 80% of the session. You must apply to at least 80% of the scholarships recommended by Dr. Shaan Patel at any given Scholarship Summit that is conducted during the time You are in the All Access Pass program.
- Academic Accountability Coaching You must schedule and attend live at least one Academic Accountability Coaching Session per month that you are in the All Access Pass program.
- Scholarship Applications. You must submit applications to at least 25 local scholarships (scholarships that are only open to students in your city or state) and provide screenshot evidence of submission of the applications prior to the deadline of the scholarship.
- College Applications. You must apply to at least 8 universities or colleges in the United States that offer merit-based scholarships with evidence of acceptance/rejection letters from each college.
- Scholarship Confirmation. You must submit a 1098-T from the university Your Student attends during their freshmen year of college, which shows less than $2,500 in “scholarships or grants” have been received.
Please note: Achievement of the All Access Pass $10,000 Scholarship Offer GuaranteeSM is based solely on scholarship offers and not accepted scholarships. We do not offer partial refunds.
If all requirements listed in the All Access Pass $10,000 Scholarship Offer GuaranteeSM are completed in full and your student is not offered at least $10,000 in scholarships, then Prep Expert will send a $10,000 scholarship check directly to your student’s university to be used for tuition, books, food, or any other college-related expenses.
UNLIMITED PREP $2,000 SCHOLARSHIP OFFER GUARANTEESM
Prep Expert is so confident in our test prep methodology and guidance, we back up Unlimited Prep with a remarkable $2,000 Scholarship Offer Guarantee℠! You qualify for our $2,000 Scholarship Offer Guarantee℠ if:
- Score in the 99th percentile on an official SAT or ACT. An official SAT score is one received after taking an official SAT exam administered by the College Board. An official ACT score is one received after taking an official ACT exam administered by the ACT. You must achieve the 99th percentile (based on the Nationally Representative Sample) on an official SAT or ACT prior to applying to at least 25 local scholarships (scholarships that are only open to students in your city or state)
- Scholarship Applications. You must submit applications to at least 25 local scholarships (scholarships that are only open to students in your city or state) and provide screenshot evidence of submission of the applications prior to the deadline of the scholarship.
- College Applications. You must apply to at least 8 universities or colleges in the United States that offer merit-based scholarships with evidence of acceptance/rejection letters from each college.
- Scholarship Confirmation. You must submit a 1098-T from the university Your Student attends during their freshmen year of college, which shows less than $250 in “scholarships or grants” have been received.
Please note: Achievement of the Unlimited Prep $2,000 Scholarship Offer GuaranteeSM is based solely on scholarship offers and not accepted scholarships.
If Unlimited Prep was purchased as an upgrade in conjunction with a prep course, you will also receive the associated Score Improvement Guarantee with that prep course. If your student does not achieve the Score Improvement Guarantee associated with your prep course and completes all of the guarantee requirements, then we will refund you for the cost of the course. Please see the requirements of each Score Improvement Guarantee in the Terms of Service.
If all requirements listed in the Unlimited Prep $2,000 Scholarship Offer GuaranteeSM are completed in full and your student is not offered at least $2,000 in scholarships, Prep Expert will send a $2,000 scholarship check directly to your student’s university to be used for tuition, books, food, or any other college-related expenses.
REQUESTING A REFUND
If You would like to request a refund from Prep Expert having met the qualifications of a particular Score Improvement Guarantee, You must submit an official score report from a qualified exam taken before the course start date and an official score report from a qualified exam taken within sixty (60) days after the final class or the next available exam after the final class. For all SAT Prep Courses, all pages from the score reports must be downloaded from the College Board and show Your full name, score, score history, and date of the exam. If You are having issues with locating your official score report on the College Board’s website, you can contact them at (866) 630-9305 or go to collegeboard.org. For all ACT Prep Courses, screenshots of Your ACT account may be used as long as they show Your name, score, and date of the exam. If you are having issues with locating your official score report on the ACT’s website, You can contact them at (319) 337-1270 or go to act.org. Official score reports from each testing agency are free to download online.
Click here to submit your score reports to Prep Expert.
Below are examples of score reports:
If You would like to request a refund from Prep Expert having met the qualifications of the All Access Pass $10,000 Scholarship GuaranteeSM, You must:
- Submit an official SAT or ACT score report from an exam that shows You achieved a 99th percentile score (based on the Nationally Representative Sample) prior to applying for scholarships.
- Submit evidence that You applied to at least 20 scholarships prior to their deadline and after you achieved a 99th percentile score on either an official SAT or ACT.
- Submit evidence that You applied to at least 80% of scholarships recommended by the Academic Accountability Coach prior to their deadline.
- Submit acceptance/rejection letters from at least 8 universities or colleges in the United States that offer merit-based scholarships.
- Submit a 1098-T from the university or college Your Student attends during their freshmen year, which shows that less than $2,500 in “scholarships or grants” have been received.
All of the above items must be submitted via email to [email protected]. If approved, please have your university or college submit the tuition bill for the first semester of your student’s sophomore year to [email protected].
If You would like to request a refund from Prep Expert having met the qualifications of the Unlimited Prep $2,000 Scholarship GuaranteeSM, You must:
- Submit an official SAT or ACT score report from an exam that shows You achieved a 99th percentile score (based on the Nationally Representative Sample) prior to applying for scholarships.
- Submit evidence that You applied to at least 25 scholarships prior to their deadline and after you achieved a 99th percentile score on either an official SAT or ACT.
- Submit acceptance/rejection letters from at least 8 universities or colleges in the United States that offer merit-based scholarships.
- Submit a 1098-T from the university or college Your Student attends during their freshmen year, which shows that less than $250 in “scholarships or grants” have been received.
All of the above items must be submitted via email to [email protected]. If approved, please have your university or college submit the tuition bill for the first semester of your student’s sophomore year to [email protected].
SALES & DISCOUNTS
If the prices on Our website are reduced within fourteen (14) days on a course(s) you have purchased, We will refund the difference. Gift Cards are excluded from this policy. To contact Us, please email [email protected] or call (877) 345-7737.
CUSTOMER AFFILIATE PROGRAM AND POLICY
Upon purchase, You will automatically be enrolled in the Customer Affiliate Program.
By signing up for Our Customer Affiliate Program, You agree not to use referral codes/links directly on any orders you place or create advertisements (digital/PPC or print) relating to prepexpert.com, our Sites and/or Our products or services.
For a sale to generate a commission, the person referred must follow a properly formatted link to our Site (“Link”), purchase the product on our Site, and pay us in full. You are entitled to a commission only if Prep Expert’s third-party tracking system tracks the referred customer’s purchase from the time the customer clicks on a Link to our Site to the time of sale. Prep Expert is not responsible or liable for payment for a referee’s deletion of a required cookie or any tracking failures of the third party tracking system We use to count referral conversions.
A referred customer must spend at least three-hundred dollars ($300) for the commission to be paid to the Customer Affiliate. The referred customer will also receive a commission for the purchase of a course.
Referrals will not be generated with Admission Consulting, Private Tutoring, or Bulk Sale purchases.
You may Post your Link to various social media platforms, blogs, and email campaigns as a way to increase your affiliate sales; however, You agree not to promote Patel Educational Services, Inc. on any customer cash-back or any other type of “loyalty” or “incentive” program, unless you have received a specific written exemption from Us.
Commissions will be sent electronically for each verified sale generated by Your Link. Commissions will be paid out no less than sixty (60) days after the referred purchase on the 5th of each month. If the 5th is on either Saturday/Sunday or holiday, then the commission will be paid out the following business day. Commissions will not be paid out in other forms, including but not limited to checks, credits to additional courses, and wire transfers to bank accounts.
Should you follow these policies, You may receive a commission in connection with qualifying sales.
Either party may unilaterally end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of an email.
We reserve the right to reject the sign-up application or deactivate your tracking Link at any time and without an obligation to justify our decision. We are entitled to deactivate your Customer Affiliate status and your tracking Link at any time if we determine that your Post and/or website is unsuitable for promoting Prep Expert’s Services, including but not limited to, if:
- It promotes sexually explicit materials, violence or illegal activities;
- It promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- It incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law;
- It includes “Prep Expert” or variations or misspellings thereof in its domain name;
- It is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion;
- It contains software downloads that potentially enable diversions of commission from other affiliates in our program;
- You create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website or design your website in a manner that leads customers to believe you are Prep Expert;
- Unless you have received written permission from Prep Expert, direct traffic sent to your referral tracking Link via Pay-Per-Click campaigns are prohibited. Sending traffic to your sites and automatically redirecting it to Prep Expert’s sites is also considered direct traffic. While you can run PPC campaigns for your sites, you cannot do direct PPC campaigns for Prep Expert. We reserve the right to expel any violator from our Referral Program without prior notice and on the first occurrence of such PPC bidding behavior.
The prohibitions in subsections 1 through 10 shall be referred to collectively as “Affiliate Prohibitions.”
We have no obligation to pay or authorize commissions for orders placed after the termination of this agreement. For the avoidance of doubt, We reserve the right to reverse and/or deny commissions for referrals for any reason, whether or not resulting directly or indirectly from your violation of any term or condition of this agreement at the discretion of Patel Educational Services, Inc. We also reserve the right to remove You from the Customer Affiliate Program for any reason.
AFFILIATE PROGRAM AND POLICY
By signing up for Our Affiliate Program, you agree not to use referral codes/links directly on any orders you place or create advertisements (digital/PPC or print) relating to prepexpert.com, our Sites and/or Our products or services.
You may Post your Link to various social media platforms, blogs, and email campaigns as a way to increase your affiliate sales; however, You agree not to promote Patel Educational Services, Inc. on any customer cash-back or any other type of “loyalty” or “incentive” program, unless you have received a specific written exemption from Us. Posting your Link on coupon sites is prohibited.
All posts to social media promoting Prep Expert and/or Prep Expert products/services must be approved by Prep Expert prior to posting. Prep Expert has the right to monitor your Posts/website/social media at any time to determine if you are abiding by bthe terms and conditions of this Agreement. We may notify you of any changes that we feel should be made, or to make sure that your advertisements and Prep Expert’s promotional content are appropriate and to notify you of any changes that are required for you to stay in compliance.
Commissions are sent electronically via ShareASale for each verified sale generated by Your Link. Cookies track for sixty (60) days on all third-party platforms. Commissions will be paid out on the 5th of each month after the referred student’s course starts. If the 5th is on either Saturday/Sunday or holiday, then the commission will be paid out the following business day. Commissions will not be paid out in other forms, including but not limited to checks, credits to additional courses, and wire transfers to bank accounts.
Our commission structure:
- Shopping affiliates and coupon websites receive a 5% commission.
- All other affiliates receive a 10% commission.
- Commissions are not paid out on all subscription products, Admissions Consulting packages, and post-purchase upgrades.
Should you follow these policies, You may receive a commission in connection with qualifying sales. To enable us to credit You with an earned commission, You must be an approved Prep Expert Affiliate or Strategic Partner to receive payment for referral purchases.
Either party may unilaterally end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of an email.
We reserve the right to reject the sign-up application or deactivate your tracking Link at any time and without an obligation to justify our decision. We are entitled to deactivate your Affiliate or Strategic Partner status and your tracking Link at any time if we determine that your Post and/or website is unsuitable for promoting Prep Expert’s Services, including for violations of the Affiliate Prohibitions
We have no obligation to pay or authorize commissions for orders placed after the termination of this agreement. For the avoidance of doubt, We reserve the right to reverse and/or deny commissions for referrals for any reason, whether or not resulting directly or indirectly from your violation of any term or condition of this agreement at the discretion of Patel Educational Services, Inc. We also reserve the right to remove you from the Affiliate and/or Strategic Partner Program for any reason.
PROHIBITED USES OF THE SITE
You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Prep Expert, an employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Prep Expert or users of the Site, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
IMAGE CONSENT
If You have submitted a photo or video in response to a promotion or survey, Prep Expert has Your permission to use Your image (photographic or video) publicly to promote their company, products and services thereof. You understand that the images may be used in print publications, online publications, presentations, websites, advertising, and social media. You understand that no royalty, fee, or other compensation shall be payable to You by reason of such use, unless explicitly stated and agreed to by both parties in writing. Both parties agree to the terms here as stated unless explicitly revised and agreed to by both parties in writing.
RECORDINGS
All Prep Expert class sessions, tutoring sessions and instruction sessions of any kind are recorded for quality assurance and administrative purposes in accordance with our Privacy Policy. By visiting, logging into, or participating in any class, tutoring session or instruction session of any kind, you consent to the recording of your presence, participation, and any video or audio feeds you enable in that session.
USER CONTRIBUTIONS
The Site may contain message boards, chat rooms, profiles, forums, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter collectively, “Post“) content or materials (collectively, “User Contributions“) on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you Post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us.
- All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and You, not Us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions Posted by You or any other user of the Site.
CONTENT STANDARDS
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Prep Expert.
- Disclose your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS PREP EXPERT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PREP EXPERT DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PREP EXPERT OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, services, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Prep Expert, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit You to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this Site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Service, Your right to use the Site will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Site or any content on the Site is transferred to You, and all rights not expressly granted are reserved by Prep Expert. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The Prep Expert name, logo, product and service names, designs, and slogans are trademarks of Prep Exxpert or its affiliates or licensors. You must not use such marks without Our prior written permission.
LINKS FROM THE SITE
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Site, You do so entirely at your own risk and subject to the terms and conditions of use for such websites.
GEOGRAPHIC RESTRICTIONS
We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, You do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH PREP EXPERT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PREP EXPERT NOR ANYONE ASSOCIATED WITH PREP EXPERT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, PREP EXPERT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PREP EXPERT AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO PREP EXPERT IN THE TWELVE (12) MONTHS PRIOR TO WHEN THE LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Prep Expert, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Service, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Service.
GOVERNING LAW AND JURISDICTION
All matters relating to the Site and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Site shall be instituted exclusively in the federal or state courts in Nevada. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between You and Us regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
ARBITRATION
In the event that there is a claim, dispute, or controversy (“Claim”) between Us and You (each a “Party” and together “Parties”) or between you and any other third-party service provider acting on Our behalf, whether they arose in the past, may currently exist, or may arise in the future, no matter how described, pleaded or styled, shall be governed exclusively by this Arbitration Clause (the “Arbitration Clause”) which is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16) notwithstanding any state law to the contrary and regardless of the nature of the Claims at issue.
Any Claim must be resolved FINALLY and EXCLUSIVELY by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (except for matters that may be taken to a small claims court). Further, if a Party brings a Claim in arbitration, the other Party may also remove that Claim to small claims court (or the equivalent court with jurisdiction over the Claim) if the amount at issue (exclusive of attorneys’ fees and costs if applicable law so provides) is properly within the jurisdiction of such court. In such case, the opposing Party must provide notice of intent to remove to small claims (or equivalent) court within 30 days after the arbitration demand is acknowledged by the AAA. In any event, if the Claim is removed, appealed or transferred from small claims (or equivalent) court to another court, it shall be subject to arbitration at the election of either Party. The Parties also reserve the right to demand arbitration if the small claims (or equivalent) court case contains any class or representative claims.
Before starting a small claims lawsuit or arbitration, the complaining party must give the other party written notice describing in reasonable detail the Claim and the supporting facts (the “Claim Notice”). The Claim Notice must be mailed to 7881 W. Charleston Blvd, Las Vegas, NV 89117. Please include Your account number and phone number where You (or Your attorney) can be reached. We will mail any Claim Notice to You at the mailing address we have on file for You. Once a Claim Notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Claim on an individual basis.
Arbitration will proceed on an INDIVIDUAL BASIS, so class actions and similar proceedings will NOT be available. The arbitrator shall have no authority to entertain any Claim as a class action or on any similar representative basis, nor shall the arbitrator have any authority to consolidate Claims brought by separate claimants.
The arbitrator shall have the authority to award all remedies available in an individual lawsuit under applicable law, including, for example, compensatory, statutory and punitive damages (which shall be governed by the same standards that would apply in court), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs.
All determinations as to the scope, interpretation, enforceability and validity of the Arbitration Clause shall be made final exclusively by the arbitrator, which shall be binding and final; provided, however, the enforceability of the waiver of the right to bring a Claim on behalf of a class or in a representative capacity shall be determined by exclusively by a court of competent jurisdiction. Judgment on the arbitration award may be entered in any court having jurisdiction.
For a copy of the procedures, to file a Claim or for other information about this organization, contact the association at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.
You may opt out of this Arbitration Clause for all purposes by mailing a written arbitration opt out notice via Certified U.S. Mail, Return Receipt Requested, to 7881 W. Charleston Blvd, Las Vegas, NV 89117 within 21 days of the date the Arbitration Clause was provided to You. The opt out notice will not be effective and You will be deemed to have consented to this Arbitration Clause unless the notice is received by us within 30 days of the date the Arbitration Clause was provided to You. The opt out notice must clearly state that You are rejecting arbitration; identify the Agreement to which it applies by date; provide Your name, address, and social security number; and be signed by You. You must present the return receipt received from the U.S. Postal Service in the event there is a dispute over whether Your opt out notice was sent, or whether it was sent and received in a timely manner, in accordance with this Arbitration Clause. No other methods can be used to opt out of this Arbitration Provision. Rejection notices sent to any other address, or sent by electronic mail or sent in a manner without return receipt proof of delivery or communicated orally, will not be accepted or effective. Opting out will not affect the other provisions of this Agreement. If You opt out of this Arbitration Clause, it will not operate to reject any prior or future Arbitration Clause between You and us.
UNLESS YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE AS PROVIDED HEREIN, YOU ARE WAIVING THE RIGHTS TO (i) HAVE A CLAIM DECIDED BY A COURT (EXCEPT SMALL CLAIMS COURT); AND (ii) ASSERT OR PARTICIPATE IN A CLASS ACTION, OR ANY REPRESENTATIVE OR CONSOLIDATED PROCEEDING IN COURT.
We will pay for any filing, administration and arbitrator fees imposed by the AAA. Each Party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law or applicable AAA rules. If a statute gives You the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
This arbitration provision shall survive the termination of any agreement between us. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force except that if the waiver of the right to proceed as a class or in a representative capacity is declared unenforceable in a proceeding between You and us, and that determination becomes final after all appeals have been exhausted, this entire Arbitration Clause (except for this one sentence) shall be null and void in such proceeding.
MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to You. You acknowledge Your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, You accept this Agreement, as modified. After a course has ended or expires, you agree that Prep Expert may continue to communicate with you regarding new offerings, marketing messages, and other communications.
YOUR COMMENTS AND CONCERNS
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