Terms of Service
PraxisExam.org Terms of Service
Terms of Service Agreement
Table of Contents
- Acceptance of these Terms of Service
- Modifications to the Site and/or Services and These Terms of Service
- Our Services and Providers
- Your Access to the Site; Account Security
- Use of the Site and Intellectual Property Rights
- License Restrictions
- User Content Submission
- Our Management of this Site/User Misconduct
- Copyright Infringement
- Online Courses, Certifications and Credits
- Links to Third Party Websites
- Membership, Billing, and Cancellation
- Educational Institution Relationships and Guidance
- Customer Support
- Disclaimer of Warranties
- Limitation of Liability
- Mandatory Arbitration
- Notice and Comments
- Suspension and Termination
- California Law and Jurisdiction
- No Third-Party Beneficiaries
- Entire Agreement
Exhibit A Honor Code for Students
1. Acceptance of these Terms of Service
This Terms of Service Agreement (these "Terms of Service") states the terms and conditions under which you use and access our products and services, including, without limitation, online courses, membership subscriptions and information about degrees, schools and careers (collectively, the "Services") through any websites, mobile sites or other properties owned and operated by PraxisExam.org ("PraxisExam.org" "we," "us" and "our") (collectively, the "Site"). Please read these Terms of Service carefully as they contain important information regarding your legal rights and obligations and how disputes between you and PraxisExam.org will be resolved. You acknowledge that certain Services may be subject to additional terms and conditions or other online policies as may be set forth on the Site or if you use the Site and the Services as an employee or agent of a third party who has executed a separate agreement with us (collectively, "Additional Terms"). Your use of such
Services constitutes your agreement to these Terms of Service, and all applicable Additional
The Site is intended for users who reside in the United States and are able to enter into binding contracts in the jurisdiction in which they reside. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet the foregoing eligibility requirements, and that by using the site you are accepting a benefit that cannot be disgorged. BY ACCESSING OR USING THE SITE AND THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE WHICH INCLUDES THE USE OF ARBITRATION TO RESOLVE DISPUTES BETWEEN YOU AND US. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR USE THE SITE.
2. Modifications to the Site and/or Services and These Terms of Service
The Internet and technology are rapidly changing. Accordingly, we may, at any time in our sole discretion and without prior notice, on a going forward basis, (a) revise these Terms of Service;
(b) modify the Site and/or the Services; and (c) discontinue any part of the Site and/or Services. We will publish changes to these Terms of Service and other Additional Terms on the Site, indicating the latest date of revision. Revised terms will become effective upon the earlier of (i) your use of the Site and/or the Services with actual knowledge of the changes, or (ii) thirty (30) days following publication of the revised terms, and further provided that disputes between us will be resolved in accordance with the version of the terms in effect at the time the dispute arose. Notwithstanding the foregoing, no modification to Section 17, Mandatory Arbitration, will be effective without your affirmative consent, provided that if you do not consent to any such change within thirty (30) days of being provided notice of such change, we reserve the right to automatically terminate your account, and you may not continue to use the Service. If you send us a request with your email address, we will email you the revised Terms of Service or Additional Terms. You further agree to review these Terms of Service and other Additional
Terms on the Site periodically to be aware of any revisions. IF YOU DO NOT ACCEPT ANY REVISED TERMS OF SERVICE OR REVISED ADDITIONAL TERMS, AFTER THEY BECOME EFFECTIVE, YOU WILL NOT BE PERMITTED TO CONTINUE TO USE THE SITE AND SERVICES.
3. Our Services and Providers
We provide you with the Services designed to help you learn, conduct research and compare educational programs, and we help you connect with third parties, including, without limitation, educational institutions (each, a "Provider" and collectively, "Providers"). We do not endorse or recommend products or services of any particular Provider or guarantee their acceptance of you into any particular program.
You acknowledge and agree to the following:
- We are not your agent;
- You will at all times comply with the Honor Code for Students
- Providers are not employees or agents of ours; nor are we an agent of the Providers;
- The terms of your relationship with any Provider, including terms, conditions, warranties or representations associated with such dealings are solely between you and the Provider;
- Your rights under any contract you may enter into with any Provider are governed by the terms of such contract between you and the Provider;
- Should you have a dispute with any Provider, you must address such dispute with the Provider directly;
- You will not hold us liable for any loss or damage of any sort incurred as the result of any of your dealings with any Provider;
- We do not guarantee that we will be able to match you with a Provider through your use of the Services, or that the Providers available through the Services are either capable of providing or willing to provide you with products or services;
- You may use our Services as a guide to determine to which schools you should consider applying, but our Services are not an application to educational institutions; and
- We do not guarantee that any Provider will award you credits or grant you a degree.
4. Your Access to the Site, Account Security
While some Site Content is available to all users, in order to fully access all Content and use all features of our Services, you must register for the Services and create a personal account for yourself (a "User Account") by providing your information such as an email address and a password. You are not permitted to borrow, use or reuse any User Account that was already created for another individual. In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name, educational objective, location and a form of payment (e.g., credit card number). Additional information may be required to confirm your identity. Provision of required information is a condition of your use of the Services and participation in our membership, and you represent and warrant that all the information you provide on the Site is correct, current and complete and does not impersonate any third party.
You acknowledge that your account is personal to you and agree not to provide any other person with access to any part of the Site using your username, password or other security information. You agree that you will never divulge, lend, resell, attempt to transfer or otherwise share access or access information to your User Account with any third party for any reason. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree to 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. You also agree that you will create, use, and access only one User Account, and you will not access the Site using multiple User Accounts. You are fully responsible for all use of your login credentials.
5. Use of the Site and intellectual property rights
You acknowledge that the Site contains certain information, text, images, media, software, user interfaces, and other various content ("Content") that is the property of
PraxisExam.org, its affiliates, its licensors or other providers of such material, and is protected by copyright, patent, or other intellectual property or proprietary intellectual property rights under United States and foreign laws. You also acknowledge that, as between you and PraxisExam.org (and with the exception of your User Content) the Content is and shall remain the property of PraxisExam.org or the relevant third party who has been involved in the preparation or publication of such Content. You do not obtain any ownership over any such Content as a result of or in connection with your use of the Services.
When accessing the Site or using the Services, you agree to comply with all applicable laws, rules, and regulations, as well as these Terms of Service, and to respect the intellectual property rights of others, including public performance limitations or other restrictions on use of the Services or Content. Subject to these Terms of Service and any Additional Terms, we grant you permission, on a limited, personal, revocable, non-exclusive, non-transferable, and nonshareable basis, to access the Site and Services (including the right to view lessons through the Services on a streaming-only basis) for your personal, non-commercial purposes only, and solely during the term of this Agreement. Your use of the Services and Content does not give you any rights or interest in any intellectual property rights in our Services beyond the limited permission to use provided herein.
- If you download, copy or print a copy of the Content for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the materials.
- You may not create, recreate, distribute or advertise an index of any Content unless authorized by us in writing.
- You shall not either directly or through the use of any device, software, Internet site, web-based service or other means, copy, download, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transfer, rent, sub-license, frame, transmit or retransmit Content except as permitted in the Terms of Service.
- The Service and Content are only for your personal use. You shall not access or use the Service or our Content in any commercial or competitive capacity, or for the purpose of building any collection or database of content or services, or in connection with providing any service to any other person, on a service bureau basis or otherwise, and whether or not paid or unpaid, for profit or not for profit. Content covered by these restrictions include without limitation any text, graphics, layout, interfaces, logos, photographs, audio and video material and stills.
- You are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on Content in any way, unless it is expressly permitted by PraxisExam.org in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract any content or other information.
- You may not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, including without limitation the Mobile App.
7. User Content Submission
We may provide you with the ability to post certain content, information, text, chat, referral, materials or interactions and communications with our experts or coaches through the Site and Services ("User Content"). With respect to User Content you submit or otherwise make available in connection with your use of the Services, you hereby grant us a fully transferable, sublicensable, worldwide, perpetual, royalty-free and exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content. You agree to abide by laws regarding copyright and other intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any claims of infringement of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your User Account.
To the extent that you provide User Content, you represent and warrant that:
(a) you own or have all necessary rights, licenses, authorizations and/or clearances to provide and use User Content and permit us to use such User Content as provided above;
(b) such User Content is accurate, current and reasonably complete;
(c) you will maintain and update the User Content to keep it accurate, current and reasonably complete;
(d) you have fully complied with any third-party licenses relating to User Content;
(e) as between you and us, you shall be solely responsible for any payment of any third party fees related to the provision and use of such User Content;
(f) such User Content does not and will not infringe, misappropriate or violate our or any third party rights (including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights) or constitute a fraudulent statement, misrepresentation or unfair business practice;
(g) you will not post or submit User Content that (i) is defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incites, encourages or threatens immediate physical harm against another, including but not limited to, User Content that promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contains materials that solicit personal information from anyone under 13 or exploit anyone in a sexual or violent manner;
(h) you will not post User Content that contains advertisements or solicits any person to buy or sell products or services (other than our Services);
(i) you will not post or submit User Content that constitutes, contains, installs or attempts to install or promote spyware, malware or other computer code, whether on our or others' computers or equipment, designed to enable you or others to gather information about or monitor the on-line or other activities of another party;
(j) you will not transmit chain letter, bulk or junk email or interfere with, disrupt or create an undue burden on this Site or the networks or Services connected to this Site, including without limitation, hacking into this Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications; and
(k) you will not impersonate any other person or entity, use the Services to cheat, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.
information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.
We may also provide you with the ability to upload, chat, text or send information to us regarding the Site or related Services ("Feedback"). By submitting the Feedback through any means (whether through the Site or through any direct communication), you acknowledge that your Feedback is submitted on a non-confidential basis (notwithstanding any indication to the contrary in any accompanying communication), and you hereby grant us a sub-licensable, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable license to use, disclose, reproduce, distribute, sublicense, prepare derivative works of, publicly perform, publicly display, and transmit any such submission and to make, have made, sell and have sold products based upon the Feedback, and otherwise exploit the Feedback in any manner, without payment or attribution.
8. Our Management of this Site/User Misconduct
We may but are not required to (a) monitor or review the Site for violations of these Terms of Service or any Additional Terms and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service or any Additional Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Content including User Content or portions thereof that may violate these Terms of Service or any Additional Terms, the law or any of our policies, or are excessive in size or burdensome, without prior notice to you; and/or (d) manage the Site in a manner designed to protect our and third parties' rights and property or to facilitate the proper functioning of the Site.
Without limiting any other provisions of these Terms of Service or any Additional Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms of Service or any Additional Terms, or of any applicable law or regulation.
Please note that there are risks, including but not limited to the risk of physical harm, in dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on this Site and that you give to other Site users. You are discouraged from publicly posting your full name, telephone numbers, street addresses or other information that identifies you or allows strangers to find you or steal your identity. Despite prohibitions, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. We expect that you will use caution and common sense when using the Site.
9. Copyright Infringement
It is our policy to terminate the account and access rights of any user that we determine is a repeat infringer. If you are a copyright owner or the legal agent of a copyright owner and you believe that any User Content violates your copyright, please see our Digital Millennium Copyright Act Notice for instructions on sending us a notice of copyright infringement.
10. Online Courses, Certifications and Credits
We may offer online courses in a specific area of study or on a particular topic (an "Online Course"). We and our instructors of the Online Courses reserve the right to add, edit, remove, cancel, delay, interrupt or reschedule any Online Course or modify its Content or format as well as the point value or weight of any assignment, quiz, exam or other evaluation of progress. For some courses, subject to your satisfactory performance in the Online Course as determined in the sole discretion of PraxisExam.org you may be awarded a statement acknowledging your completion of the course ("Certificate of Completion"). You acknowledge that any Certificate of Completion, if provided to you, would be from PraxisExam.org and would not constitute an academic credit from any Provider.
You acknowledge that neither we nor our instructors of any Online Course will be involved in any attempts to obtain Online Course recognition by any Provider, unless explicitly stated otherwise on the Site. If you are taking a PraxisExam.org Online Course to prepare for any path to credit, including but not limited to a credit-granting exam, you acknowledge and agree that we will not have any authority or responsibility with respect to any award or transfer of academic credit. Furthermore, PraxisExam.org bears no responsibility for your performance on the exam, and any exam fees incurred are solely your responsibility.
11. Links to Third Party Websites
The Site may contain links to websites and resources provided by third parties for your convenience. We have not reviewed and are unable to review all such third party websites and resources. You acknowledge and agree that we are not responsible for the availability of such external websites and resources and the content on them, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such websites. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
12. Membership, Billing, and Cancellation
i. Membership Term. Any person with a User Account is considered a "Member". Your membership starts when you create a User Account and will continue unless and until you cancel your membership or we terminate it pursuant to these Terms of Service. Please note that PraxisExam.org does not offer free trials of the Service. We do however offer, from time to time, paid trials of the Service. You must provide us with a current, valid and accepted method of payment ("Payment Method") to use the Services as a User Account holding member (including licenses purchased by an organization, enterprise, institution or school for the benefit of its teachers or learners). You agree to provide accurate, current and complete information during the registration process and to keep it accurate, current and complete. You represent and warrant that you are authorized to use such Payment Method for purchases, and you hereby authorize PraxisExam.org or its third party payment processor to charge your Payment Method for any and all fees you incur in connection with your subscription or use of the Service. We will bill the applicable membership fee to your Payment Method. You must cancel your membership before it renews each month or year as applicable in order to avoid billing of the next billing period to your Payment Method. Please see our cancellation policy below in the section titled "Cancellation": for more details.
ii. Membership Levels. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations, any of which may be subject to Additional Terms. You can find specific details regarding your membership by visiting our Site and following the "My Dashboard" link. Some promotional memberships may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Membership plans are subject to change. We will announce material changes to our membership plans on the Site. You will be required to accept any changed terms prior to continuing to use the Site or Services, and if you do not do so, you will not be permitted to continue to use the Site and Services.
iii. Teacher Membership. We may offer a teacher membership plan with additional features such as lesson sharing with students, progress tracking or additional assessments. We reserve the right to change the size of shared student accounts and number of classrooms allowed per teacher. The teacher membership may be subject to Additional Terms. YOU MUST BE A TEACHER, INSTRUCTOR OR PROFESSOR AT AN ACCREDITED EDUCATIONAL INSTITUTION TO
QUALIFY AND SIGN UP FOR THIS PLAN. ANY TEACHERS MUST BE RESPONSIBLE FOR ANY
STUDENT AGE REQUIREMENTS OR CONSENTS, AND COMPLIANCE WITH THIRD PARTY PLATFORMS USED BY YOUR SCHOOL WHEN USING THE SERVICE. We reserve the right to change or cancel your User Account and associated membership immediately if you fail to verify your teacher status on a timely basis. By successfully maintaining the teacher membership, you are authorized to publicly display the Site, Services, or Content for educational purposes only. For example, as a teacher, you may display the Site, Services, or Content in a group setting such as a classroom, tutoring center or school lab without our express written consent and transmit or distribute the lessons to your students using the Site functionality as provided.
i. Billing Cycle. The membership fee for the Services will be billed at the beginning of the paying portion of your membership and each month or year thereafter ("Billing Cycle") depending on your selected billing terms unless and until you cancel your membership. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership ("Renewal Date"). All fees and applicable taxes are payable in United States dollars. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your Renewal Date is subject to change due to changes in your membership. Visit the "My Dashboard" page on the
Site to see the commencement date for your next Renewal Date. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Service, "billing" means a charge, debit or other payment clearance, as applicable, against your Payment Method.
ii. Recurring Billing. By starting your membership, you authorize us to charge you a monthly or annual membership fee depending on your Billing Cycle at the then current rate, and any other charges you may incur in connection with your use of the Services to your Payment Method. You acknowledge that the amount billed for each Billing Cycle may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges.
iii. Price Changes. We reserve the right to adjust pricing for any part of the Services in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes that correspond to the completion of a promotional offer and/or changing or adding a plan will take effect on the Renewal Date without any prior notice to you from us. Except as otherwise expressly provided for in these Terms of Service, any other price changes to your Services will take effect following email notice to you or an announcement on the Site.
iv. Promotions and Redemption Codes. We may offer a promotion, contest or coupon code that will provide a discount on your membership subscription. These redemption codes may only be redeemed at the Site. Redemption codes are non-transferable, may only be used once and cannot be combined with other codes or redeemed for cash. The validity of redemption codes may depend on the status of the member who redeems it. For example, an existing subscriber may not redeem a code providing a discount for a new subscription. Redemption codes may have an expiration date, after which time the code will not be valid or accepted by the Site. Redemption codes are provided for your use only, and you agree that you will not share any redemption codes with others, including by emailing codes to friends or family, sharing codes on social networking sites, or posting codes to third party websites that are not our Site unless we provide written approval via email or on our Site to do so. We may terminate any promotions and invalidate unused redemption codes in our sole discretion. A discount provided via a redemption code is only valid during your paid subscription. If you cancel your subscription, you also cancel the discount from the redemption code. Reactivating your subscription will not reactivate the discount from the redemption code; nor will it allow you to redeem a code for a discount for new subscribers. If you receive a promotion code through an offer from a third party, additional restrictions may apply. Certain promotions may have additional terms or requirements to satisfy to become eligible, such as promotions that authorize Users to obtain a refund if unsatisfied with the Service within a limited time of the commencement of the subscription. Any such additional terms and requirements, such as requirements that you use a particular process or submit certain additional information, or take certain steps within a designated time period, will be made available to you at the time you redeem the promotion
v. No Refunds. No refunds will be given in any circumstances, subject to any written promotional program refunds, as described above. At any time and for any reason, however, we may provide credits, discounts, or other considerations to some or all of our members ("Membership Credits"). The amount and form of such Membership Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Membership Credits in one instance does not entitle you to Membership Credits in the future for similar instances; nor does it obligate us to provide Membership Credits in the future, under any circumstance. One such reason for Membership Credit may be if you upgrade or downgrade your membership plan. You may receive a pro-rated Membership Credit or charge, as applicable, of the previously paid monthly or annual fee for the remaining days of that month or year, to be applied against the new subscription amount to be charged to your Payment Method on your Renewal Date.
vi. Payment Methods. You may edit your Payment Method information by visiting the "My Dashboard" page available at the Site. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method. This may result in a change to your payment billing dates. If you signed up for the Services using your account with a third party (e.g., Facebook, PayPal, iTunes, or similar account) as a Payment Method and wish to cancel your membership with us, please follow the instructions from such third party (e.g., visiting your account with the applicable third party and turning off auto-renew for, or unsubscribing from, our Services). You may also find billing information about your membership by visiting your account with the applicable third party.
vii. Cancellation. You may cancel your membership at any time by visiting the "My Dashboard" page on the Site. After cancelling your membership, you will continue to have access to the Services through the end of your Billing Cycle. WE DO NOT PROVIDE REFUNDS OR MEMBERSHIP CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR MEMBERSHIP PERIODS, UNWATCHED LESSONS OR UNUSED MEMBERSHIPS.
c. Cancellation Policy You may cancel your membership by visiting the "My Dashboard" page on the Site, and selecting the "Cancel Subscription" option from the Membership and Billing menu. After cancelling your membership, you will continue to have access to the Services through the end of the Billing Cycle in which the membership terminates. WE DO NOT PROVIDE REFUNDS OR MEMBERSHIP CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR MEMBERSHIP
PERIODS, UNWATCHED LESSONS OR UNUSED MEMBERSHIPS, UNLESS YOU HAVE SIGNED UP
FOR YOUR SUBSCRIPTION PURSUANT TO A PROMOTION THAT INCLUDES A REFUND RIGHT, AND YOU SATISFY ALL APPLICABLE TERMS AND CONDITIONS TO QUALIFY FOR SUCH REFUNDS.
13. Educational Institution Relationships and Guidance
Our site and service include a variety of content related to educational institutions such as colleges and universities, some of whom we have contractual relationships. For example, we have relationships with many institutions that provide the ability for our users to transfer credits received through our service to satisfy such institutions' degree requirements. Some institutions may also provide us with payments or other incentives when we refer prospective students. We may also provide information through our site and services about institutions with whom we have no relationship. While we strive to provide content, information, and guidance that is useful and relevant, it is important that you are aware of our affiliations and relationships with these institutions, and the relationship between the products and services that we offer (including our various informational, guidance, and recommendation services as well as our course offerings) and the institutions we may reference on our site. By providing us with information about yourself and your educational interest and goals, you are authorizing us to provide that information to institutions (including institutions we have a relationship with) that may have programs or offerings that we determine may be a match or otherwise of interest. It is important to note that we are not affiliated with, endorsed by, or otherwise related to such institutions, nor does the publication of information about any institution through our service indicate any affiliation, endorsement, or recommendation by us of any such institutions.
Some of our services include the ability to obtain certain information, analysis, forecasting, planning, and other types of resources that you can use to consider, refine, and develop your own educational goals and associated plans. The information and analysis we provide is based on a variety of inputs, including information you provide, information available from public sources (such as educational institutions' own publications, third party guides, and other similar services), and estimates based on a variety of assumptions. You understand and agree that our ability to provide useful tools and information is limited by the information available to us (including information that you provide), and accordingly we cannot and do not make any representation or warranty that any information or analysis provided through our services are accurate, complete, or up to date. Specifically, you understand that calculations as to the time or cost associated with a particular degree program at a particular institution or combination of institutions (including combining use of our services and the degree programs of other institutions) assumes a variety of factors, including taking a full course load, and a variety of details remaining unchanged for the duration of the program, including tuition and other costs, financial aid availability and eligibility, degree requirements, course availability, transfer credit availability, and other similar details. Further, any "ratings" we issue are meant to be approximations of how a particular option might fit against the goals and requirements you have told us about - scores are imperfect estimates, and are provided for convenience and are not meant to be absolute rankings. Because of the wide variation of the individual experiences of students in their educational paths, we cannot and do not guarantee or predict any particular results, and we cannot and do not make any representations or warranties that your results will be the same or similar as any of the estimates provided through our service.
An educational plan is a highly personal exercise, unique to each person, and no single source can give you definitive guidance. You should use your common sense and good judgment in evaluating your options, and considering the resources we provide as a part of your overall research and decision making process. We are here to help!
14. Customer Support
If you need assistance with your account, click on the "Help" or "Support" links on the Site.
There you will find answers to many frequently asked questions and information on reaching a Customer Service representative. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we would have full access to your computer. If you do not want us to have this access, you should not consent to receive support through the remote access tool, and we will attempt to assist you through other means.
15. Disclaimer of Warranties
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES
AVAILABLE FOR DOWNLOADING FROM OR SERVICES OFFERED OVER THE INTERNET WILL BE
FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING
SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS
FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR
MAINTAINING A MEANS EXTERNAL TO THE SITE FOR ANY RECONSTRUCTION OF ANY LOST
DATA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT
AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS
CONTENT AND ANY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER
PRAXISEXAM.ORG NOR ITS AFFILIATES, PROVIDERS, OR ITS AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS,
LICENSORS, SUPPLIERS, SERVICE PROVIDERS, ADVERTISERS, INSTRUCTORS, STAFF, SUCCESSORS
OR ASSIGNS (EACH, A "PRAXISEXAM.ORG PARTY" AND COLLECTIVELY, "
PRAXISEXAM.ORG PARTIES") MAKES ANY REPRESENTATION OR WARRANTY WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, CURRENCY, OR
AVAILABILITY OF THE SITE OR ANY CONTENT, INFORMATION, GUIDANCE, OR
RECOMMENDATION PROVIDED THEREIN. FURTHER, NEITHER PRAXISEXAM.ORG
NOR PRAXISEXAM.ORG PARTIES REPRESENT OR WARRANT THAT (A) THE SITE,
CONTENT, SERVICES, ONLINE COURSES, LINKS, INFORMATION, CONTENT,
RECOMMENDATIONS, GOODS OR SERVICES PROCURED THROUGH THE SITE OR ANY
TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE SERVICES WILL SATISFY ANY
PARTICULAR STANDARD OF UTILITY OR EFFICACY, OR MEET ANY OF YOUR REQUIREMENTS,
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ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT NEITHER
PRAXISEXAM.ORG NOR PRAXISEXAM.ORG PARTIES WILL BE LIABLE FOR
LOSS OR DAMAGES OF ANY KIND INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEYS' FEES, EXPENSES, AND COURT COSTS) ARISING OUT OF OR RELATING TO (A) THESE
TERMS OF SERVICE; (B) YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE
SERVICES, SITE OR ONLINE COURSES; (C) DATA LOSS; (D) YOUR PLACEMENT OF ANY MATERIAL
ON A SITE; (E) YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH AN
ONLINE COURSE, SITE OR ANY WEBSITE LINKED TO OR FROM THE SERVICES; (F) COST OF
PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES; (G) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSION OR DATA; OR (H) ANY OTHER POTENTIAL CLAIMS
RELATED TO THE SITE, SERVICES, CONTENT OR ONLINE COURSES, EVEN IF
PRAXISEXAM.ORG PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY
TO YOU. PRAXISEXAM.ORG AND PRAXISEXAM.ORG PARTIES' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, ITS CONTENT OR SERVICES WILL NOT EXCEED ONE THOUSAND DOLLARS ($1,000).
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES AND THE
LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE REFLECT A REASONABLE
AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE PRAXISEXAM.ORG PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR OUR ABILITY TO MAKE THE SITE AND SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITE AND SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. Mandatory Arbitration
- a. Generally. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, and except as described in Section 17.b, below, you and PraxisExam.org agree that every dispute arising in connection with these Terms of Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND PRAXISEXAM.ORG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO ADDRESS CLAIMS ARISING HEREUNDER.
- b. Exceptions. Despite the provisions of Section 17.a, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
- c. Arbitrator. Any arbitration between you and PraxisExam.org hereunder will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us directly. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- d. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration").
PraxisExam.org's address for Notice is: PraxisExam.org, Attn: Legal
Department, 100 View Street, Suite 202, Mountain View, CA 94041. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or PraxisExam.org may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or
PraxisExam.org must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by PraxisExam.org in settlement of the dispute prior to the award, PraxisExam.org will pay to you the higher of: (A) the amount awarded by the arbitrator; or (B) $5,000.
- e. Fees. If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee, unless your claim is for more than $5,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco, CA, but if the claim is for $5,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse PraxisExam.org for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
- f. No Class Actions. YOU AND PRAXISEXAM.ORG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER HEREUNDER ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE PROCEEDING. Further, unless both you and
PraxisExam.org agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- g. Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with
PraxisExam.org will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- h. Enforceability. If Section 17.f or the entirety of this Section 17 is found to be unenforceable, or if we receive an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 21 will govern any action arising out of or related to these Terms.
You agree to indemnify, defend and hold harmless each and all of the PraxisExam.org
Parties from and against all and any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms of Service, (b) your use of the Site or Mobile App, (c) your noncompliance with any law, and (d) any rights of a third party related to User Content that you post or information you otherwise make available to us or through the Services, including, without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights.
19. Notice and Comments
We may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on the Site. All notices and comments to us must be made in writing and mailed to: PraxisExam.org, Attn: Legal Department, 100 View Street, Suite 202, Mountain View, CA 94041.
20. Suspension and Termination
If you no longer desire to participate in the Site, you may terminate your participation at any time. We may suspend, terminate or otherwise restrict your use of the Site or the Services without compensation or notice if you are, or if we suspect that you are, (a) in violation of any of these Terms of Service or our Honor Code, or (b) engaged in illegal or improper use of the Site or the Services. We reserve the right to place any account on hold at any time with or without notification to the member in order to protect ourselves and our partners from what we believe to be fraudulent activity. We are not obligated to credit or discount a membership for holds placed on the account by either a representative of PraxisExam.org or by our automated processes.
21. California Law and Jurisdiction
Any disputes arising out of or related to the use of the Site or Services that is not subject to arbitration as provided in Section 17, shall be brought in the state or federal courts located in the Northern District of California, and you hereby irrevocably consent to the exclusive jurisdiction and venue thereof. These Terms of Service will be construed in accordance with the laws of the State of California without regard to its conflict of law principles.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
These Terms of Service are personal to you, and you may not transfer, delegate or assign these Terms of Service to anyone. Any attempt by you to assign or delegate these Terms of Service shall be null and void. PraxisExam.orgv may assign these Terms of Service at its sole discretion.
24. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
No failure of either party to exercise or enforce any of its rights under these Terms of Service will act as a waiver of such rights.
26. Entire Agreement
Honor Code for Students
When using a PraxisExam.org Online Course, you must make sure that: (a) your answers to homework, quizzes and exams will be your own work (except for assignments that explicitly permit collaboration); (b) you will not make solutions to homework, quizzes or exams available to anyone else (including both solutions written by you and any official solutions provided by us); and (c) you will not engage in any other activities that will dishonestly improve your results or dishonestly improve or hurt the results of others.
- Instant Answers and Tutoring
- To make sure you get the most out of Instant Answers and Tutoring Services, we want to help you understand what it is for and how to use it. Follow our instructions to obtain the answers you need while also exercising academic honesty. When submitting questions to Instant Answers or to Tutors, please:
- Don't use Instant Answers or Tutors to do your homework (or write your essay) for you. We're here to help you study and understand concepts you're struggling with. We can answer your questions and direct you to lessons that you'll find useful, but you agree not to simply copy and paste the answers we give you.
- Don't write one-word questions. Make sure you're giving our instructors enough detail and context so that they can provide a meaningful response.
- Don't put multiple questions in one submission. Each question should be submitted in its own ticket so we can deliver your questions to the correct subject matter experts.
- Don't use Instant Answers or Tutors in any way that violates the rules of your assignment, classroom, or academic institution. This would include plagiarizing or using outside help when you're instructed not to.
We all know that cheating is bad, and there are a lot of reasons not to cheat! Let's look at a few of them:
- First, the person who is the most hurt when you cheat is you. Seriously! Cheating on your homework means that you won't learn the material, which will hurt you in your current class and in the future. Homework and essays are a great way to learn and think about the material, and cheating will only hurt you in the long run.
- Second, all teachers and academic institutions take cheating seriously. If you're caught cheating on your homework or plagiarizing your answers or essay from another source, you will likely face serious consequences. In some cases, you might just receive a zero on the assignment, but in others, plagiarism can result in an automatic failure in your class, or maybe even expulsion from your school depending on the academic honesty policy in place.
- Third, now more than ever, it's really easy to get caught for cheating! Copying answers from a page on the internet might seem like a quick way to complete your homework, but it's just as easy for your teacher to find those exact phrases with a simple Internet search. It's important for you to think about the information you're reading and phrase it in your own words, rather than simply copying from outside sources.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.