Terms and Conditions

IMPORTANT – WELCOME TO STAFFSPREP.COM, THIS WEBSITE, AND RELATED WEBSITES, PRODUCTS, SERVICES AND APPLICATIONS (“SERVICES”) ARE OPERATED BY STAFFS PREP, LLC. THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND STAFFS PREP, LLC. (“STAFFS” OR “WE”). THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. STAFFS PREP IS WILLING TO LICENSE THE USE OF THE SERVICES, THE USER, ONLY UPON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“AGREEMENT”) AS THEY GOVERN YOUR ACCESS TO AND USE OF SERVICES. THIS AGREEMENT ALSO CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

By accessing and/or using the Services, you accept and agree to these Terms of Use. If you do not agree, you should immediately cease use of the Services.

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the staffsprep.com website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

SECTION 1 – Children

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at contact@staffsprep.com

SECTION 2 – License

This Agreement provides you with a limited, non-exclusive, non-transferable, and non-sublicenseable license to use the Services solely for your personal use.

The foregoing license is limited. You therefore may not (1) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Services (or any part thereof) in any manner not expressly permitted by this Agreement, (2) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Services (or any part thereof); (3) access, link to, or use any source code from the Services (or any part thereof); or (4) erase or remove any proprietary or intellectual property notice contained in or on the Services (or any part thereof). In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.

SECTION 3 – Use of Material from the Services

Subject to STAFFS Prep’s right to monitor or audit compliance, you acknowledge that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using the Services, you also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Services. In addition, you agree to assume all responsibility for your use, and the results of your use, of the Services, including meeting any requirements of your contracts with third parties or other persons.

We maintain the Services for your non-commercial personal use. Your use of the Services for any other purpose is permissible only with our prior written consent. Without limiting the foregoing, you agree not to: (1) use the Services in a commercial manner, including by distributing, transmitting or publishing the Services or any of its content; (2) interfere with others’ use of the Services; (3) forge headers, impersonate another person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to STAFFS Prep on or through the Services; (4) impair the Services’ operation or interfere with or disrupt the servers or networks connected to it; (5) interfere with our intellectual property rights; (6) frame or otherwise co-brand the Services or any of its content; (7) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (8) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (9) upload, post, e-mail or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or network; (10) upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (11) use the Services for any illegal purpose; (12) use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services or in any way reproduce or circumvent the navigational structure or presentation of the Services in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Services; (13) attempt to gain unauthorized access to (a) any portion or feature of the Services, (b) any other systems or networks connected to the Services, (c) any STAFFS Prep server, or (d) to any of the services offered on or through the Services, by hacking, password “mining,” or any other illegitimate or prohibited means; (14) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Services; (15) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or STAFFS Prep’s systems or networks or any systems or networks connected to the Services; (16) use the Services to harvest or collect e-mail addresses or other contact information; or (17) use the Services in a manner that could damage, disparage, or otherwise negatively impact STAFFS Prep. You further represent that STAFFS Prep has the right to rely upon all information provided to STAFFS Prep by you, and STAFFS Prep may contact you by e-mail, telephone or postal mail for any purpose, including but not limited to (1) follow-up calls, (2) customer satisfaction surveys, and (3) inquiries about any orders you placed, or considered placing, at or through the Services. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

SECTION 4 – User Information and Privacy

Any information that you submit to us or that we collect through the Services is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.

In the course of your use of the Services, you may create an account, be asked to provide certain personalized information to us, respond to surveys or otherwise provide information as a result of services and products made available on the Services (collectively, "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy. You agree that you are solely responsible for the accuracy and content of your User Information, and you agree to keep it up to date.

If you send certain specific submissions, including by not limited to contest entries, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. By transmitting any feedback to STAFFS Prep, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third-party (including, without limitation, copyright, trademark, privacy, personality or other personal or proprietary right) and that you have all rights necessary to convey such feedback to STAFFS Prep. In addition, any feedback received by STAFFS Prep will be deemed to include from you a perpetual, non-exclusive, irrevocable, transferable, royalty-free right and license for STAFFS Prep to adopt, use, copy, print, display, reproduce, modify, publish, post, disseminate, transmit, distribute, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and you hereby waive any claim to the contrary.

SECTION 5 – Proprietary Rights

The contents of the Services, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Services (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by STAFFS Prep or its licensors. Any rights granted hereby are expressly licensed. STAFFS Prep does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Services (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Services (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Services and Material are copyright of STAFFS Prep and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the Services or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Services. You shall not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of STAFFS Prep or its owner if STAFFS Prep is not the owner. STAFFS Prep and all other names, logos, and icons identifying STAFFS Prep and its products and services are proprietary trademarks of STAFFS Prep, and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of STAFFS Prep, is strictly prohibited. Other product and STAFFS Prep names mentioned herein or on the Services may be the trademarks and/or service marks of their respective owners.

SECTION 6 – Representations and Warranties

You represent to STAFFS Prep that (1) you are at least the legal age of majority; (2) you are authorized to enter into this Agreement; (3) you will not use the Services or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of STAFFS Prep or any third party; (4) any information or data provided to STAFFS Prep by you will not violate any law or regulation or infringe the rights of STAFFS Prep or any third party; (5) all information that you provide to us in connection with the Services (e.g., name, e-mail address, and/or other information) is true and accurate; and (6) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.

SECTION 7 - Orders For Products & Services

STAFFS Prep makes certain products and services available to visitors and registrants of the Services. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to STAFFS Prep. You agree to pay all applicable taxes. Certain products that you purchase, access and/or download on or through the Services may be subject to additional terms and conditions presented to you at the time of such purchase, access or download.

All orders are subject to STAFFS Prep acceptance. After your order has been placed, we will provide you with an e-mail confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. STAFFS Prep may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by STAFFS Prep, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our customer service representative at 1-201-301-8378. Your order will be deemed accepted upon its delivery and your receipt of a delivery confirmation of your order.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our Services. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

While we want everyone to be able to enjoy our products, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order

If for any reason you are unsatisfied and want to return products you have ordered, please review the Return and Refund Policy outlined below.

Our services or products are sold by granting you a limited license to use such services, products or features for a limited time period. This is typically a one-year period from the date of purchase for the SAT Online Software and one-month period from the end of any class. This limited license is a single user license, meaning it is for one user (student) only. If you delete your account at any time within this license period, STAFFS Prep is entitled to redeem all of your unused license and is not obligated to refund any of your license fee. STAFFS Prep reserves the right to terminate or suspend your access to the Services if you violate the above license grant.

In order to reschedule a class, an email must be sent 24 hours prior to the start of the Course to contact@staffsprep.com.

In order to receive a refund, an email must be sent 72 hours prior to the start of the class to contact@staffsprep.com.

WARRANTY DISCLAIMERS

THE SERVICES AND MATERIALS ARE PROVIDED “AS-IS.” STAFFS PREP DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICES OR MATERIALS IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. STAFFS PREP DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR MATERIALS WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU. STAFFS PREP HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STAFFS PREP OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND.

LIMITATION OF LIABILITY

STAFFS Prep shall have no responsibility to provide you access to the Services. You acknowledge and agree that STAFFS Prep shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, from a cause beyond STAFFS Prep’s control, including, but not limited to, offers or promotions made available on the Services, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions. MOREOVER, YOU AGREE THAT IN NO EVENT SHALL STAFFS PREP NOR ANY OF ITS SUBSIDIARIES OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SERVICES OR ANY OTHER SERVICES YOU ACCESS THROUGH A LINK FROM THIS SERVICES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF STAFFS PREP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF STAFFS PREP FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICES, RESULTS FROM USE OF THE SERVICES, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO STAFFS PREP FOR ANY PRODUCT OR SERVICE.

SECTION 8 – Indemnification

You agree to release, discharge, defend, indemnify and hold harmless STAFFS PREP and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through the Services (collectively, “Indemnified Parties”), arising from, in connection with, or relating to, any breach of these Terms of Use by you, including breaches arising from your use of the information obtained through the Services. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Services.

SECTION 9 – Governing Law

This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the State of Nevada, as applied to agreements entered into and completely performed in the State of Nevada without regard to conflicts of laws rules. In the event, and for whatever reason, should the arbitration clause below be inapplicable, then you consent to the jurisdiction of the federal or state courts located in Clark County, Nevada for purposes of any suit, action or proceeding arising out of these Terms, and you hereby consent to such exclusive and personal jurisdiction and venue. Any claim you might have against STAFFS Prep must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please contact STAFFS Prep if you wish to receive a printed copy of this Agreement. If any Material on this Services, or your use of the Services, is contrary to the laws of the jurisdiction where you are when you access it, the Services is not intended for you, and we require that you not use the Services. Those who choose to access this Services from outside the United States do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

SECTION 10 – ARBITRATION AND CLASS ACTION WAIVER

ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR THESE TERMS OF USE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, except that either party may seek interim relief from any state or federal court in the party’s state of residence to protect the party’s intellectual property rights. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS OF USE. The arbitration will be administered by the American Arbitration Association or National Arbitration and Mediation, Inc. under The National Arbitration Forum’s Code of Procedure in effect when the claim is filed (the “Code”). The Code and other information may be obtained from the National Arbitration Forum website (www.adrforum.com) or by calling 1-800-474-2371. STAFFS Prep shall have the ability to choose between these two forums as well as choose a venue that is convenient for STAFFS Prep. The parties shall split 50%/50% the cost of the administrative and arbitrator fees. Notwithstanding any choice of law provision included in the Terms, this arbitration section is subject to the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and the New York Convention on the Recognition of Foreign Arbitral Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and STAFFS Prep. Hearings shall be held as provided by the Code and if any in-person hearing is required, it shall be held in a venue chosen by STAFFS Prep. Any participatory arbitration hearing that you attend shall take place in Nevada. Nevada state law will apply during the arbitration. The judgment upon the award rendered by the arbitrator(s) shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.

NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST STAFFS PREP IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

SECTION 11 – Enforcement

You have no reasonable expectation of privacy while using the Services because STAFFS Prep reserves the right to view, monitor, and/or record activity on the Services (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Services may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by STAFFS Prep for use of or with the Services. Moreover, you also acknowledge that any breach, threatened or actual, of this Agreement by you may cause irreparable injury to STAFFS Prep and/or its licensors, such injury would not be quantifiable in monetary damages, and STAFFS Prep and/or its licensors would not have an adequate remedy at law. You therefore agree that STAFFS Prep and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that STAFFS Prep or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to STAFFS Prep to enforce any provision of this Agreement.

SECTION 12 – Services Modifications

We reserve the right at any time, and without notice to you or any third party, to modify, suspend or discontinue any part of the Services. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

SECTION 13 – Third-Party Links

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you hereby release us from all liability for you having acquired or not acquired content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all User Information you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by STAFFS Prep. When you access third party websites or use third party services, you accept that there are risks in doing so, and that STAFFS Prep is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

STAFFS Prep has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, STAFFS Prep will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that STAFFS Prep shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that STAFFS Prep is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release STAFFS Prep, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "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."

SECTION 14 – Notice and Take-Down Procedures; Copyright Agent

In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

(1) Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Company’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

(b) Identification of works or materials being infringed;

(c) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;

(d) Contact information about the notifier including address, telephone number and, if available, email address;

(e) A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and

(f) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

(2) Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:

(a) remove or disable access to the infringing material;

(b) notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and

(c) terminate such content provider's access to the Services if he or she is a repeat offender.

(3) Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:

(a) A physical or electronic signature of the content provider;

(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

(c) A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

(d) Content provider's name, address, telephone number, and, if available, e-mail address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.

Please contact Company's Designated Agent at the following email address:

contact@staffsprep.com

SECTION 15 – Score Improvement Guarantee

We are so confident that we can improve your official test score that we give you a Better Score Performance Guarantee for any of our STAFFS Prep Course packages. You qualify for our Better Score Performance Guarantee if:

You meet the requirements set forth in our Score Guarantee Document

AND

You are a staffsprep.com student enrolled in an eligible staffsprep.com program, which has been paid for in full. You are the sole student associated with this paid account.

AND

You have completed your staffsprep.com course. You have taken, completed and passed all assigned lessons, homework and tests (you are allowed to fail lessons as long as you pass that lesson in the future).

AND

You have established your Before-Score. You need to have taken an official test within six months of establishing your staffsprep.com account. This official test result is your baseline test score or Before-Score. For SAT® students, if you do not have an official SAT® score for this period, then let your Before-Score be defined as your officially administered SAT® PSAT/NMSQT® score converted to the SAT® scale.

AND

You have your After-Score. You need to take your official test within 1 month of your staffsprep.com subscription. This official test result is your After-Score.

Compare test results. If your After-Score results show no improvement when compared to your Before-Score, then you qualify subject to following the rules for submission as outlined in this section. You can also contact STAFFS Prep for more information at: contact@staffsprep.com

Claim Process for Money Back, Performance Improvement Guarantee

Please submit your application for a refund within 30 days of taking your official test (your After-Score). Your submission should include your official SAT® score report listing all scores of the student's history, including the Before-Score and After-Scores. The score reports must clearly show the student’s name, test date(s), and score(s). The score report should be directly sent to:

contact@staffsprep.com

The submission must contain the email address of the account as well as a Payee name and a Payee address. The credit Refund method will be via credit card or check at STAFFS Prep’s discretion within 60 days of STAFFS Prep receiving the request.

Other Terms: Refunds are limited to one per household, account purchaser, account user, SAT® score report, or account. By way of example, one parent (purchaser) who buys two packages for two different users can get at most one package refunded.

Full Details: For full details of our Score Guarantee Qualification, please visit: www.staffsprep.com/scoreguarantee

SECTION 16 – Termination

We reserve the right in our sole discretion to terminate or restrict your use of the Services, without notice, for any or no reason, and without liability to you or any third party. You acknowledge and agree that STAFFS Prep shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement. You may also terminate at any time by ceasing to use the Services. But, all applicable provisions of this Agreement will survive termination, as outlined below. Any licenses from STAFFS Prep and any right to use the Services shall immediately cease upon termination of this Agreement.

SECTION 17 – Miscellaneous

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. In the event any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of this Agreement, the invalidity, voidness, or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and us in connection with your use of the Services. The relationship between you and STAFFS Prep is and shall be that of independent contractors and nothing in this Agreement shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee. You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without STAFFS Prep’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement. Notwithstanding the foregoing, STAFFS Prep may assign this Agreement in whole or in part. Moreover, STAFFS Prep may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement. This Agreement and STAFFS Prep’s Privacy Policy and Product Offer Terms and Conditions, which are hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and STAFFS Prep with respect to the subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and STAFFS Prep with respect to the Services. Any rights not expressly granted herein are reserved by STAFFS Prep Please note that STAFFS Prep reserves the right to change the terms and conditions of this Agreement and by which the Services is extended to you by providing you in writing or electronically a copy of such revised terms (or notice thereof). STAFFS Prep also has the exclusive right to provide updates, upgrades, or changes to, or to suspend, discontinue, or modify any aspect of the Services at any time. Your continued use of the Services following any such change to such Services will be deemed acceptance to be bound by any such change to this Agreement or the Services.

SECTION 18 - User Responsibility for E-mail Contact

You agree and consent to receive e-mail messages from us. By default all communication with STAFFS Prep is in English via e-mail. Your inability or unwillingness to communicate in English via e-mail may unduly impact our quality of service and delivery of service. You are responsible for ensuring deliverability of STAFFS Prep e-mails with your e-mail service provider which may include checking the spam folder of whitelisting the email address: contact@staffsprep.com

These e-mails may be transactional or relationship communications relating to the services we offer, such as administrative notices and service announcements or changes, or e-mails containing commercial offers, promotions or special offers from us. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

SECTION 19 – Contact Information

Questions about the Terms should be sent to us at contact@staffsprep.com