Terms and Conditions for Naviance PrepMe Products

Welcome to the www.prepme.com website (the “Site”). Naviance, Inc (“Naviance”) provides this Site to its PrepMe visitors and paying customers on the following terms and conditions. Please read these Terms and Conditions of Web Site Use (“Terms”) carefully before using this Site, registering for its services or purchasing any of its products. By using this Site in any capacity, you agree to these Terms; if you do not agree to these Terms, you may not use this Site.

Naviance reserves the right to, at any time, modify, revise or update our Site or these Terms, and you agree to be bound by such modifications, revisions or updates. You should periodically re-check these Terms to apprise yourself of any such modifications, revisions and updates. Your continuing use of this Site constitutes your acceptance of any modifications, revisions or updates to the Terms, all of which shall become effective.
 

Use of Site

You may use this Site to obtain information on Naviance PrepMe and its services and products, and as a means of ordering and/or receiving such services and products as a paying customer. Except as may be expressly permitted herein, you may not reproduce, transmit, disseminate, sell, broadcast, circulate, republish, duplicate, modify, upload, post, re-deliver using “framing” technology, download or copy any information on this Site (including Naviance's PrepMe course materials); use data mining, robots, or similar data gathering and extraction tools with respect to this Site; or otherwise distribute or commercially exploit in any way the Site or any portion of the content of the Site; in each case without the prior written consent of Naviance. Further, you may not use any meta tags or any other “hidden text” utilizing Naviance's or Naviance's PrepMename or trademarks without the prior written consent of Naviance.

Without limiting the generality of the foregoing, your rights to use the Naviance PrepMe products and/or services are personal and non-transferable. In other words, you may not sell, assign, convey or otherwise transfer any of your rights to use any Naviance PrepMe product or service to any third party in any manner whatsoever. Your attempt to do so shall automatically terminate all of your rights to use this Site.

You may download one copy of any material you can access from the Site for your internal use only, provided that you do not modify such materials or delete or modify any trademark, copyright or other proprietary notices thereon.

Any unauthorized use of this Site terminates the permission granted by Naviance for your use of this Site.
 

Your Account

If you enroll in any of Naviance's PrepMe test preparation services you will have an account and a password. Access to password protected portions of this Site is available for only so long as you have paid all required fees to Naviance. You are responsible for maintaining the confidentiality of your account and password and for restricting access to Naviance's PrepMe course material to anyone other than yourself. You agree to accept responsibility for all activities that occur under your account or password. Naviance reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Users enrolled via payment plans must make all payments on time. A failure to pay will lead to your account being put on hold until payment is completed as well as a $50 service fee if the payment does not clear within 24 hours of the initial failed payment. If your account is over 7 days in arrears, you will be expected to make a full payment in order to re-activate your account. If your account is over 10 days in arrears, your unpaid amount including the $50 service fee will be sent to a collection agency.
 

Operation of the Website

Naviance will use reasonable commercial efforts to keep this Site available for access on a 24 hour a day, seven day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, Naviance does not warrant that the operation of this Web Site will be error-free, that defects will be corrected, or that this Web Site or the servers that make it available are free from viruses or other harmful components.

You are solely responsible for obtaining telecommunications access to the Site and any fees (such as internet service provider or airtime charges) relating to such access. Similarly, you are solely responsible for all equipment necessary to access this Site. 

Proprietary Rights

Unless otherwise indicated, all content on this Site, including Naviance's PrepMe SAT, ACT, and PSAT course material and tests, designs, articles and text, graphics, logos, button icons, images, data compilations, software, video or audio clips and the overall “look and feel” of the Site; any improvements or modifications to such content; and any derivative works based on the foregoing are proprietary to and copyrighted by Naviance or its licensors, and are protected by applicable intellectual property laws. The collection, arrangement and assembly of the content on the Site are the exclusive property of Naviance and are likewise protected by applicable intellectual property laws.

PrepMe®, Coursification™, Coursify®, prepare for the future SM, “Prepare, Relax, Ace” SM, Guaranteed 2300 SM, Guaranteed 2200 SM, PrepMe Precocious Program SM, Precocious®, PrepMe Genius Program SM, Genius Program SM, Naviance PrepMe Test Prep SM, PrepMe College Counseling SM, and GettingIn SM are trademarks or service marks of Naviance, Inc. You may not use, copy, modify or display any of these marks, without the prior written consent of Naviance, except to properly identify the services or products of Naviance. You may not use any Naviance logo or other proprietary graphic or trademark as part of the link without the permission of Naviance. 

Links to Third Party Sites

We may display on this Site links to other web sites to provide you with useful information. Naviance is not responsible for the contents of such links, any linked site, or any link contained in a linked site. The display of any link does not imply endorsement by Naviance of the linked site. IN NO EVENT WILL NAVIANCE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO THE USE OF OR RELIANCE ON ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED ON ANY SUCH SITE. 

Hyperlinks to This Site

You may create a hyperlink to the home page of this Site only so long as the link does not portray Naviance or its PrepMe products or services in a false, misleading, derogatory, or otherwise offensive manner. Linking to other content within our Site is prohibited without Naviance's express prior written consent. Please direct any linking requests to us at info@prepme.com

Children

In compliance with the Children's Online Privacy Protection Act, Naviance does not permit children under 13 years of age to become users without their parent or guardian's express consent and approval. By using our Site, you represent you are not under 13 years of age or have registered via our Precocious Program and have had your parent or guardian give their personal information in lieu of giving yours. 

Disclaimer

THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR DESCRIBED ON THIS SITE (INCLUDING, BUT NOT LIMITED TO, THE SAT, ACT, AND PSAT COURSE MATERIAL, OTHER TEXT, GRAPHICS, VIDEO AND AUDIO CLIPS AND LINKS) ARE PROVIDED BY NAVIANCE “AS IS.” NAVIANCE MAKES NO, AND HEREBY DISCLAIMS, ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SITE, INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS REFERENCED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, ALTHOUGH NAVIANCE BELIEVES ALL INFORMATION ACCESSIBLE ON OR VIA THE SITE TO BE ACCURATE AS OF THE TIME OF ITS PUBLICATION, NAVIANCE CANNOT, AND DOES NOT, REPRESENT, GUARANTEE OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT, AND PRERPME IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR RESULTS OBTAINED FROM USING SUCH INFORMATION. 

Limitation of Liability

NAVIANCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF NAVIANCE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE, THE SYSTEM OR ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON OR VIA THIS SITE. 

Privacy Statement

NAVIANCE recognizes that you have an interest in how we collect, retain and use information about you. Click here for Naviance's PrepMe products' privacy policy. 

Test Scores

Any user of any Naviance PrepMe test preparation product or service that does not directly pay Naviance for such use, including but not limited to any user using any Naviance PrepMe product or service on a "trial" or other unpaid basis excluding any program established between Naviance and their school system, must timely provide NAviance (either directly or through their school system, as applicable) with their actual test scores. All other users of the Naviance's PrepMe products or services may, but are not required to, provide Naviance with their actual test scores. In providing Naviance with your test score(s), you (i) represent and warrant that such test score(s) are accurate, (ii) agree that Naviance may use such test score(s) in any legally permissible manner (and in compliance with Naviance's PrepMe Products' Privacy Policy), including but not limited to, in Naviance's advertising and promotional efforts and/or in the further development of any Naviance product or service, without any duty or obligation to pay any compensation or make any accounting to you whatsoever, and (iii) agree to accept all liability resulting from your provision of any inaccurate or incorrect test score(s). 

Submissions

All remarks, suggestions, ideas, graphics, or other information provided by you through this Site (together, the “Submission”) will forever be the property of Naviance. Naviance will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Naviance operations. Without limitation, Naviance will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Naviance will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Naviance have full responsibility for such material, including its legality, reliability, appropriateness, originality, and copyright.

You agree to abide by any Acceptable Use Policy instituted by Naviance from time to time.

General Provisions

The Terms constitute the entire agreement between you and Naviance and govern your use of the Site, superseding any prior agreements between you and Naviance. This Site is owned and controlled by Naviance in State of Virginia, U.S.A. As such, the substantive laws of the State of Illinois will govern these Terms, without giving effect to any principles of conflicts of laws. If you use this Site from other locations you are responsible for compliance with applicable local laws. You agree that any action arising out of the Terms shall be brought in state or federal court in Virginia, and you consent to the jurisdiction of such courts. The failure of Naviance to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 such provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

About Hobsons

PrepMe is an adaptive learning platform for test preparation developed by Hobsons for schools and districts. We maximize student success and institutional effectiveness to create the world-changers of tomorrow.

Learn More at Hobsons.com