Terms of Service
This Agreement was last modified on July 30, 2019.
These terms of service (“Agreement" or "Terms") govern your access to and use of MyEdustream, LLC d/b/a Prepmedians’ (“Prepmedians”, “we”, “us”, or “our”) Platform located at Prepmedians.com and or any service made available through the Platform (the “Services”). More information on the Platform and Services are provided below. Capitalized terms are defined in this Agreement. WE RESERVE THE RIGHT TO ADD, SUBTRACT, OR CHANGE THESE SERVICES AT ANY TIME.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Information About You and Your Use of the Platform
The Services provides users with access to education tools and resources for standardized test preparation, (including without limitation, the ACT and SAT), tutoring, and testing strategies for secondary and college levels (collectively the “Test Prep Tools”).
To enable access to the Test Prep Tools on the Platform, you must enter required payment information (for example, credit card information) and you hereby authorize Prepmedians and our third party service providers to charge you for the Payment. You agree that all Payments made on the Platform are authorized, final and non-refundable.
If you use the Platform and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You may use the Platform only for your lawful personal purposes and in accordance with these Terms. You agree not to:
- Use the Platform in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- Use the Platform to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Prepmedians or users of the Platform or expose them to liability.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform or the Services (including introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful).
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Provide false, inaccurate or misleading information.
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
- Take any action that may cause us to lose any of our services from our internet service providers, payment processors, or other suppliers.
Intellectual Property Rights
Except with respect to the Reviews as set forth below, the Platform’s entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Prepmedians, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Neither the Platform or any materials available through the Platform may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without Prepmedians’s prior written permission and the prior written permission of Prepmedians’s applicable licensors. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, noncommercial use the Platform and the Services on any compatible device that you own or control. You must abide by all copyright notices, information, or restrictions contained in or attached to the Platform or any materials available through the Platform and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms grants you any right to receive or to obtain access to the Platform except as generally and ordinarily permitted through the Services according to these Terms. Furthermore, except for the limited license above, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, any other license or ownership rights to the Platform. Prepmedians’s name and all related names, logos, product and service names, designs, and slogans are trademarks (“Marks”) of Prepmedians or its affiliates or licensors. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use the Marks. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms.
The Platform and Services may contain features to create a user profiles, post comments, suggestions, or reviews of the Services, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to us, a third party provider, other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) by telephone, electronically, in writing or otherwise.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns;
- All of your User Contributions do and will comply with these Terms, including but not limited to the Prohibited Uses set forth above.
You retain all rights in, and are solely responsible for, the User Contributions you transmit using the Platform or the Services.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Post any User Contributions that may be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Monitoring and Enforcement; Termination
We have the right to:
- Block, remove or modify User Contributions for any reason, including User Contributions that we believe violate these Terms or our policies, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the Services or the public, or could create liability for Prepmedians.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Retain your User Contributions for a commercially reasonable period of time for backup, archival, or audit purposes.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
However, we do not undertake to review User Contributions before they are posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access thereto) from the Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the written notice is accurate;
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Email: [email protected]
It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.
The owner of the Platform is based in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform, any of its content, or the Services are accessible or appropriate outside of the United States. Access to the Platform and use of the Services may not be legal by certain persons or in certain countries. If you access the Platform or use the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Continued Operation, Accessibility, and Maintenance of this Website.
We may modify, change, suspend, terminate or discontinue the operation of this Website or the provision of any services without notice and we reserve the right to refuse service to anyone at any time, with or without cause.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available from the internet or the Platform 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 our Platform for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM, ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THEREON, OR ON ANY PLATFORM LINKED TO EITHER.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PREPMEDIAN NOR ANY PERSON ASSOCIATED WITH PREPMEDIAN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER PREPMEDIAN NOR ANYONE ASSOCIATED WITH PREPMEDIAN REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PREPMEDIANS, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, OFFICERS OR DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT OF PAYMENTS YOU MADE TO PREPMEDIANS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING A CLAIM. IN NO EVENT WILL PREPMEDIANS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES OR APPLICATIONS LINKED TO EITHER, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless Prepmedians, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, any use of the Reviews, the Platform’s content or Services other than as expressly authorized in these Terms or your use of any information obtained from the Platform.
Governing Law and Jurisdiction
All matters relating to the Platform, the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform, or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois located in the City of Chicago, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by Prepmedians of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Prepmedians to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms 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 will continue in full force and effect.
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [email protected]