Terms of Use

Last Updated: January 15, 2023    

These terms and conditions (“Terms of Use”) govern the access and use of the www.Prepare.me.com  website and other websites that share the same domain (the “Site”). You agree to be bound by the Terms of Use, which is an agreement between Prepare.me and you.  You further acknowledge that you reviewed the Privacy Policy and consent to the processing of your data.

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

You should also read our Privacy Policy, which is incorporated by reference into these Terms. If you do not accept and agree to be bound by these Terms, including our Privacy Policy, do not use the Site or the products and services offered on the Site (collectively, “Services”). By accessing the Site, you consent to these Terms in electronic form. To withdraw this consent, you must cease using the Site and, if applicable, terminate your account.

1. Proprietary rights

As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, the technology underlying the Services, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and instructional materials and other text), software, code, and data available to you in connection with the Site or Services and all content related to our programs even if the content is not accessed through the Site (collectively, “Company Content”), and the look and feel, design and organization of the Site. Your use of the Site or Services does not grant to you ownership of any Company Content.

2. Limited license

You may access and view the Company Content on your computer or other internet compatible device, and make single copies or prints of the Company Content for your personal, non-commercial use only. To the extent you need to download software or documentation to use the Services, we grant you a limited, non-assignable, non-transferable, revocable license to use such software or documentation solely to utilize the Services. Such a license will terminate when you no longer use the Services. For our mobile applications, we grant you a nonexclusive, non-transferable, worldwide, and perpetual license to perform, display, and use the mobile application for your personal, non-commercial use only. The Site and the Services, including any Company Content, are only for your personal, non-commercial use. We reserve the right to change or make corrections to the operation of, or any information available on, the Site at any time and without prior notice.

3. Trademarks

Trademarks, logos, service marks and trade names (collectively, "Trademarks") that are ours or Trademarks of any third party displayed on the Site or on Company Content may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.

4. User Content

You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

You are solely responsible for the photos, profiles, messages, notes, text, information and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.

5. User Conduct

You understand that the Site is available for your personal, non-commercial use only. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Site to:

• harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• use automated scripts to collect information from or otherwise interact with the Site;
• register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material 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;
• intimidate or harass any other user;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Site;
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
  

6. Limitation of Liability 

Prepare.me, its affiliates, contractors, employees, officers, directors, agents, third party partners, licensors, and service providers shall not be liable to you under any circumstances, including but not limited to negligence, for any special, indirect, incidental, consequential, or exemplary damages that arise out of or relate to the Service, including your use thereof, or any other interactions with the company. Depending on applicable law, the limitation or exclusion of liability or incidental or consequential damages may not apply to you, in which case Prepare.me's liability shall be limited to the extent permitted by law. The total liability of Prepare.me and its affiliates, contractors, employees, officers, directors, agents, third party partners, licensors, and service providers to you for all damages, losses, and causes of action arising out of or relating to this agreement or your use of the Service shall not exceed one hundred U.S. dollars. This limitation shall apply notwithstanding any failure of essential purpose of any limited remedy.

7. Revisions and Errata

The materials appearing on Prepare.me’s web site could include technical, typographical, or photographic errors. Prepare.me. does not warrant that any of the materials on its web site are accurate, complete, or current. Prepare.me. may make changes to the materials contained on its web site at any time without notice. Prepare.me does not, however, make any commitment to update the materials.

8. Site Terms of Use Modifications

We reserve the right, at our sole discretion, to modify any portion of these Terms at any time. Changes in these Terms will be effective when posted. Your continued use of the Site and/or the Services after any changes to these Terms are posted will be considered acceptance of those changes.

9. Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

10. Indemnification

You agree to indemnify and hold Prepare.me and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney's fees, (any of the foregoing, a "Claim") arising out of or relating to your use or misuse of the Service (including without limitation for any competitive purposes), breach of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of Prepare.me's willful misconduct or gross negligence. Prepare.me reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

11. Entire Agreement

The Terms and Conditions of Use governs your use of the Service and constitutes the entire agreement between you and Prepare.me. It supersedes any prior agreements between you and Prepare.me. Additional terms and conditions may apply when you use the services of service providers and others. These additional terms will not reduce, diminish, or eliminate any rights Prepare.me possesses with respect to these Terms and Conditions of Use.

12. Miscellaneous

Any failure by Prepare.me to exercise any rights or enforce any of the terms of these Terms and Conditions of Use shall not constitute a waiver of such rights or terms. If any provision of these Terms and Conditions of Use or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms and Conditions of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.

13. Subscription Period

You will be entitled to receive the Service only during the subscription period ("Subscription Period") specified by your payment confirmation.

14. Payment Terms

You agree to pay Prepare.me the fee specified in the Payment Form during the Period ("Fee"). A valid credit card is required to access the Service. The Fee is payable in advance for the Period. Fees are non-refundable and non-transferable, unless otherwise stated in our Money Back Guarantee Policy. Accordingly, if you elect to cancel your access to the Service during the Period, you will not receive a refund of the Fee(s) previously paid to Prepare.me, unless otherwise stated in our Money Back Guarantee Policy.

15. Arbitration

15.1 Agreement to Arbitrate. This Section 15 is referred to herein as the "Arbitration Agreement." The parties that any and all controversies, claims, or disputes between you and Prepare.me arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

15.2 Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

15.3 Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s ("AAA") rules and procedures (the "AAA Rules"), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 8. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against the Prepare.me.

15.4 Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Prepare.me may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.

15.5 Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of Delaware, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.

15.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.

15.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

15.8 Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 15.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 15.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.

16. Waiver and Severability of Terms

The failure of Prepare.me to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use 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 of Use remain in full force and effect.

17. Electronic Communications

When you visit this website and when you communicate with us electronically, for example by sending us an email or ordering our products online, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18. Privacy Policy

You consent to the collection, processing and storage by Prepare.me of your personal information in accordance with the terms of Prepare.me’s Privacy Policy, which is available at www.prepare.me/privacy. You agree to comply with all applicable laws and regulations, and the terms of Prepare.me’s Privacy Policy, with respect to any access, use and/or submission by you of any personal information in connection with this web site.

If you have any questions, contact us by email: contact@prepareme.school