RK Test Prep Online SAT Prep: Terms of Service
Welcome to the rktestprep.com website (the “Site”). RK Test Prep LLC, a Pennsylvania Corporation, (“RK Test Prep” or “We”) provides this Site on the following terms and conditions to each visitor, regardless of whether the visitor has an account, whether that account is paid, and whether their use of RK Test Prep is through a parent, school, or other party. Please read these Terms of Service for All Visitors (“Terms” or “AVT”) 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.
RK Test Prep 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. You agree that your interaction with the Site is solely with RK Test Prep LLC and none of the managers, shareholders, employees, or workers directly, and indemnify all parties other than RK Test Prep LLC from lawsuits and other disputes. You agree that if you had previous relationships with any parties above other than RK Test Prep LLC in use of the Site, that your continued use gives consent for that relationship to be transferred to RK Test Prep LLC.
Use of Site
You may use this Site to obtain information on RK Test Prep LLC, rktestprep.com, 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 RK Test Prep’s rktestprep.com 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 RK Test Prep. Further, you may not use any meta tags or any other “hidden text” utilizing RK Test Prep’s name or trademarks without the prior written consent of RK Test Prep.
Without limiting the generality of the foregoing, your rights to use the RK Test Prep Site 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 RK Test Prep Site 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 RK Test Prep for your use of this Site.
Operation of the Website
RK Test Prep 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, RK Test Prep 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 RK Test Prep’s course material, 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 RK Test Prep 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 RK Test Prep and are likewise protected by applicable intellectual property laws.
Links to Third Party Sites
We may display on this Site links to other web sites to provide you with useful information. RK Test Prep 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 RK Test Prep of the linked site. IN NO EVENT WILL RK TEST PREP 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 RK Test Prep or its Site products or services in a false, misleading, derogatory, or otherwise offensive manner. Linking to other content within our Site is prohibited without RK Test Prep’s express prior written consent. Please direct any linking requests to us at info@rktestprep.com.
Children
In compliance with the Children’s Online Privacy Protection Act, RK Test Prep 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.
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 RK TEST PREP “AS IS.” RK TEST PREP 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 RK TEST PREP BELIEVES ALL INFORMATION ACCESSIBLE ON OR VIA THE SITE TO BE ACCURATE AS OF THE TIME OF ITS PUBLICATION, RK TEST PREP CANNOT, AND DOES NOT, REPRESENT, GUARANTEE OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT, AND RK TEST PREP IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR RESULTS OBTAINED FROM USING SUCH INFORMATION.
Limitation of Liability
RK TEST PREP 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 RK TEST PREP 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.
Submissions
All remarks, suggestions, ideas, graphics, or other information provided by you through this Site (together, the “Submission”) will forever be the property of RK Test Prep. RK Test Prep 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 RK Test Prep operations. Without limitation, RK Test Prep will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. RK Test Prep 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 RK Test Prep 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 RK Test Prep from time to time.
Usage of Statements and Images
You agree that RK Test Prep may use statements you provide to RK Test Prep about RK Test Prep, its packages, or its personnel, along with public pictures of you on the Internet in marketing material. If you wish RK Test Prep to remove any such information in future publications simply send RK Test Prep an email at info@rktestprep.com.
You agree to abide by any Acceptable Use Policy instituted by RK Test Prep from time to time.
Process to Access All Features
Some features are not directly accessible after logging in and payment. Such features must be requested by the user via email to info@rktestprep.com , and up to 7 days may be required for the feature to be provided. The user agrees to make no claims that any feature is missing without first contacting info@rktestprep.com with a 7 day notice period.
All Accounts
If you enroll in any of RK Test Prep’s Site 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 RK Test Prep. You are responsible for maintaining the confidentiality of your account and password and for restricting access to RK Test Prep’s Site course material to anyone other than yourself. You agree to accept responsibility for all activities that occur under your account or password. RK Test Prep reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
General Provisions
The Terms constitute the entire agreement between you and RK Test Prep and govern your use of the Site, superseding any prior agreements between you and RK Test Prep. This Site is owned and controlled by RK Test Prep LLC in Commonwealth of Pennsylvania, U.S.A. As such, the substantive laws of Pennsylvania 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 Pennsylvania, and you consent to the jurisdiction of such courts. The failure of RK Test Prep 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.
Personal Account Terms of Service
Welcome to the rktestprep.com website (the “Site”). RK Test Prep LLC (“RK Test Prep” or “We”) provides personal accounts. Personal accounts include all ACT and SAT Online Prep Courses and Tutoring Products. All purchasers and users associated with an account, whether the same or different natural persons, jointly and severally, are referred to as “account holders” or simply “you”.
By purchasing, using, or creating any account, you agree to the terms below. Please read these Terms and Conditions of Personal Account (“Personal Account Terms” or “PAT”) carefully before using, purchasing, or creating any account. By using this Site in any capacity, you agree to these Personal Account Terms. The Personal Account terms apply in addition to the Terms for All Visitors above. In areas where any condition (“PAT condition”) in the Personal Account Terms explicitly conflicts with any term (“AVT condition”) in the Terms for All Visitors, and the PAT condition cannot be construed as being in addition to the AVT condition, the AVT condition shall take precedent and the AVT condition shall be nullified to the minimum extent necessary to resolve the conflict.
RK Test Prep reserves the right to, at any time, modify, revise or update our Site or these Personal 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.
Your Account
Users enrolled must make complete payment for the entire course before access will be granted.
One Person Per Account
You agree that for each instance (copy) of preparation that you purchase, only one person will study from the course. This limitation does not include having another person debug an account or otherwise help that one person, as long as such time is limited to less than 5% of the total access time. RK Test Prep may shut down the account with no refund provided if it believes the account is being used by multiple persons to study. In such a case, if in fact only one person was studying the only remedy would be refund of that package, and not restoration of that account.
User Responsibility for Email Contact
You must arrange to keep in email contact with RK Test Prep. Email is mandatory and NOT optional and for one-off support only.
By default you will communicate with RK Test Prep in English via email. Any other mutually agreeable communication method, if agreed in writing, is acceptable as well as an adjunct to email. You are responsible for providing us with a correct email address that you routinely check at least once every 48 hours. You are responsible for ensuring deliverability of RK Test Prep emails with your email provider, which may include checking the spam folder or whitelisting the email address “info@rktestprep.com”.
Your inability or unwillingness to communicate in English via email may hamper your ability to complete our course in a timely or proper fashion.
Your nonresponse to email may hold up critical non-computerized portions of the preparation process, and you agree to take full responsibility for the results of this on your own if you do not remain in email contact.
Recourse
In the case RK Test Prep is not able to deliver the services purchased, RK Test Prep may offer you a partial or full refund in return for cessation of all remaining services. Further, RK Test Prep may terminate its relationship with any customer for any legal reason, or no reason at all if legal, at RK Test Prep’s discretion by offering the customer a full refund of all amounts paid. RK Test Prep’s maximum liability shall not exceed the actual purchase price paid for the account or products, and in no event shall RK Test Prep be liable for loss of, damage to, or corruption of data stored with RK Test Prep about your account, or for special, incidental, consequential, or indirect damages whatsoever, including without limitations teaching strategies or content that is ineffective, faulty, or incorrect.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RK TEST PREP DO NOT ACCEPT OR ASSUME LIABILITY FOR YOUR USE OF THE PRODUCT. FURTHER, IN NO EVENT WILL RK TEST PREP OR ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO A SALE OF MERCHANDISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. RK TEST PREP AND ITS AFFILIATES’ MAXIMUM LIABILITY FOR THE PURCHASE OF THE MERCHANDISE SHALL NOT EXCEED THE AMOUNT PAID FOR SUCH MERCHANDISE. IN SOME JURISDICTIONS, THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT FULLY APPLY. ACCORDINGLY, IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT OF THE LAW.
DISLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY, RK TEST PREP AND AFFILIATES MAKE NO OTHER WARRANTY OF ANY KIND REGARDING THE PRODUCT AVAILABLE FOR SALE ON THE WEBSITE, WHICH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN PARTICULAR, TO THE MAXIMUM EXTENT OF THE LAW, AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.