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User Agreement

Introduction

This is the User Agreement of The Public Tutoring Initiative, Inc. (” The Public Tutoring Initiative”), a Florida corporation with its principal office located in Palm Beach Gardens, Florida. The Public Tutoring Initiative hosts a website (the “Site” or this “Site”) with a homepage located at www.publictutoring.org. Included in the services offered by The Public Tutoring Initiative through the Site are study programs for the ACT test (together, the “For-Fee Services” and, individually, as appropriate, a “For-Fee Service”). This User Agreement defines the terms to how you may use the Site, including, but not limited to, your use of the For-Fee Services. This User Agreement should be read carefully and in conjunction with The Public Tutoring Initiative’s Privacy Policy (the ” Privacy Policy”), which sets forth The Public Tutoring Initiative’s policies related to the collection, use, and maintenance of information obtained from individuals who visit the Site.

Acceptance of Terms

Please read this User Agreement and the Privacy Policy carefully because, by visiting the Site or using a For-Fee Service you acknowledge and accept the terms of both this User Agreement and the Privacy Policy. The Public Tutoring Initiative reserves the right, from time to time, to modify, revise and update the terms of this User Agreement and the Privacy Policy, and you agree to be bound by such modifications, revisions, and/or updates. We will make every reasonable effort to notify you of any significant change in this User Agreement or the Privacy Policy by posting a notice on this page, the Privacy Policy page or our home page, as appropriate. Nevertheless your continued use of the Site constitutes your acceptance of any modifications, revisions and/or updates to the terms of this User Agreement and the Privacy Policy.

Copyright

Copyright on the Site and all materials included in it, including, but not limited to, those materials related to the For-Fee Services, are owned by, or licensed to, The Public Tutoring Initiative and all rights therein are reserved. You must abide by all copyright notices and restrictions contained on the Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the Site (including, but not limited to, practice tests, instructional videos, and computer programs or other code) (collectively, “Site Materials”), except that you may make a reasonable number of machine- readable copies of the Site Materials that (a) The Public Tutoring Initiative makes generally available to the online public and grants permission to reproduce or (b) if you have purchased a For-Fee Service The Public Tutoring Initiative makes available to you as part of the For-Fee Service and grants you permission to reproduce as part of the For-Fee Service during your subscription period; provided, however, that when reproducing Site Materials pursuant to (a) or (b) above, you do so only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials.

Trademarks

The stylized The Public Tutoring Initiative, the stylized “e” logo, and any other trademarks on the Site, whether or not registered, are trademarks owned by The Public Tutoring Initiative (collectively, “The Public Tutoring Initiative Trademarks”). You may not use The Public Tutoring Initiative Trademarks (i) in connection with any product or service that does not belong to us, (ii) in any manner that is likely to cause confusion among users about whether we are the source, sponsor or endorser of the product or service, or (iii) in any manner that disparages or discredits us.

For-Fee Services

Payment of Fees: You agree to pay the fee for the For-Fee Services. You authorize The Public Tutoring Initiative to charge your credit card for all fees you incur for use of the For-Fee Service. If The Public Tutoring Initiative does not receive payment from the card issuer, you shall pay The Public Tutoring Initiative all amounts due upon demand. The Public Tutoring Initiative may take commercially reasonable actions to validate your credit card.

Modifications: The Public Tutoring Initiative reserves the right, at its discretion, to modify the For-Fee Services at any time. You shall have the right to terminate this User Agreement by providing The Public Tutoring Initiative written notice within fifteen (15) days of any modification to the For-Fee Services that (i) results in a material decrease in the content of the For-Fee Service or (ii) materially decreases your rights or materially increases your obligations under this User Agreement. Your failure to so terminate shall constitute your acceptance of such modifications.

Government Taxes, Fees and Duties: You shall pay any taxes, including, but not limited to, personal property taxes and sales taxes, resulting from you purchase or use of the For-Fee Services. You shall pay any applicable government fees or duties associated with the purchase, delivery or use of the For-Fee Services, including, but not limited to, import fees, export fees and other fees or duties associated with customs.

Non-Exclusive License: With the proper purchase of a For-Fee Service, The Public Tutoring Initiative grants you a non- exclusive, non-transferable right to access and use such For-Fee Service during the applicable subscription period. You cannot share this For-Fee Service with anyone else. Upon expiration of the applicable subscription period, your right to use the online portion of the For-Fee Service will automatically terminate. Your right to use the online portion of the For-Fee Service will also terminate, without refund of any part of the purchase price, at the sole discretion of The Public Tutoring Initiative, if your personal The Public Tutoring Initiative account is actively accessed from two or more unique computers at the same time.

Guarantee  Policy: You may cancel any For-Fee Service and receive a full refund of the purchase price, if you notify us in writing within three (3) calendar days of beginning your lessons as evidenced by your beginning to watch any video, provided, however, that you have not started to watch more than 3 of the videos included in the For-Fee Service purchased.

Ownership: The For-Fee Services , including without limitation all text, graphics, sounds, images, videos, and other materials included in or related thereto, are owned by The Public Tutoring Initiative, or have been licensed to The Public Tutoring Initiative, and are protected by United States and foreign intellectual property laws. Any use of the For-Fee Services, except as permitted under this User Agreement, is strictly forbidden and may violate copyright, trademark, patent and other laws. You may not sell or modify the For-Fee Services  or reproduce, display, publicly perform, distribute, or otherwise use the For-Fee Services  in any way for any public or commercial purpose. You may not copy, disassemble, modify, reverse engineer, decompile or adapt the HTML or other code that The Public Tutoring Initiative uses to generate its web pages, videos or other content.

Your Account: Upon completing the registration process, you will have provided us with a password and a user ID (your e-mail address). You are responsible for maintaining the confidentiality of these, and are fully responsible for all activities that occur under your password or user ID. You agree to immediately notify The Public Tutoring Initiative of any unauthorized use of your password or account or any other breach of security. Furthermore, you agree that you will properly exit (“logout”) from your account at the end of each session.

Termination of Account: You agree that The Public Tutoring Initiative may, without prior notice, immediately terminate your account and your access to the For-Fee Services . Cause for such termination shall include, but not be limited to, (a) breaches or violations of this User Agreement or other agreements or guidelines made part of the For-Fee Services  and thereby incorporated by herein, (b) any failure by you to pay to The Public Tutoring Initiative amounts due hereunder, as applicable, (c) providing The Public Tutoring Initiative with false or misleading information, (d) interference with other users of the Site or the administration of The Public Tutoring Initiative services, (e) requests by law enforcement or other government agencies, (f) a request by you (self-initiated account deletions), (g) discontinuance or material modification to the Site (or any part thereof, including, but not limited to, the For-Fee Services,(h) unexpected technical or security issues or problems.

Use Restrictions

You may not use the Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, (c) in a manner that will violate the privacy, publicity or other personal rights of others, or (d) in a manner that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, in the sole discretion of The Public Tutoring Initiative.

Without limitation, The Public Tutoring Initiative specifically prohibits use of the Site for any of the following reasons:

  • distributing or otherwise publishing, without The Public Tutoring Initiative’s prior approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
  • soliciting other users of the Site to join or become members of any online or other service;
    or
  • deleting, revising or otherwise editing any material posted by other persons or entities.

Forum User Conduct and Indemnity

You understand that all information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials (“Content”) posted on the Site, whether publicly posted or privately transmitted, are the sole responsibility of the person or entity from which such Content originated. This means that you, and not The Public Tutoring Initiative, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. The Public Tutoring Initiative does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Public Tutoring Initiative be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Site.

You acknowledge that The Public Tutoring Initiative may or may not pre-screen Content, but that The Public Tutoring Initiative and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, edit or move any Content that is available via the Site. Without limiting the foregoing, The Public Tutoring Initiative and its designees shall have the right to remove any Content that it deems, in its sole discretion, to be objectionable. You agree that you must evaluate, and bear all risks associated with, the review or other use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by The Public Tutoring Initiative or submitted to The Public Tutoring Initiative, including without limitation information in any of The Public Tutoring Initiative’s forums or other community spaces.

You acknowledge, consent and agree that The Public Tutoring Initiative may access, preserve, and disclose your account information and Content, if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to claims that any Content violates the rights of third-parties; (c) respond to your requests for customer service; or (d) protect the rights, property, or personal safety of The Public Tutoring Initiative, its users and the public. (For more information on The Public Tutoring Initiative’s policies related to the collection, use and maintenance of information obtained from individuals who visit the Site, see our Privacy Policy.)

You agree to indemnify and hold The Public Tutoring Initiative, and its subsidiaries, affiliates, officers, agents, co- branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of this User Agreement, or your infringement upon the rights of other users or unrelated third parties.

Security

You may not violate or attempt to violate the security of the Site or use the Site to violate the security of other systems or web sites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, or (c) attempting to interfere with service to any user of the Site, including, but not limited to, the For-Fee Services, (d) sending unsolicited e-mail, including promotions or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The Public Tutoring Initiative may investigate violations of this User Agreement and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Links, Frames and Metatags

You may link to our home page as long as the link does not cast The Public Tutoring Initiative in a false or misleading light. You may not frame the content of the Site, without our express written consent. You may not use metatags or any other “hidden text” that incorporates any The Public Tutoring Initiative Trademarks or our name without our express written consent.

Disclaimer and Limitation of Liability

THIS SITE AND THE INFORMATION, GRAPHICS, VIDEOS, AUDIO TRACKS, BLOG POSTS, DOCUMENTS, AND ALL OTHER ELEMENTS INCLUDING, BUT NOT LIMITED TO, THE FOR-FEE SERVICES (COLLECTIVELY, THE “CONTENTS”), ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, THE FOR-FEE SERVICES IS AT YOUR OWN RISK. THE PUBLIC TUTORING INITIATIVE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENTS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PUBLIC TUTORING INITIATIVE DOES GUARANTEE THAT THE FOR-FEE SERVIVES WILL INCREASE YOUR ACT SCORE.THE PUBLIC TUTORING INITIATIVE FURTHER SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE FOR-FEE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THE SITE CONTAINS NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED BY THE PUBLIC TUTORING INITIATIVE WILL BE SUFFICIENT, AND (E) THAT THE CONTENTS ARE ACCURATE, CORRECT OR RELIABLE.

EXCEPT AS MAY BE EXPRESSLY STATED ON THIS SITE, NEITHER THE PUBLIC TUTORING INITIATIVE NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, GUEST EXERTS OR OTHER AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE CONTENTS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, CONSEQUENTIAL DAMAGES, OR PUNITIVE, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. THE CONTENTS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENTS. THE PUBLIC TUTORING INITIATIVE RESERVES THE RIGHT TO MAKE IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THIS SITE, THE CONTENTS, AND THE PRODUCTS AND SOFTWARE DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.

Suspension of Service

The Public Tutoring Initiative reserves the right, at its sole discretion, to suspend access to the site at any time for the purpose of upgrading, redesigning, repairing or otherwise maintaining the Site. The Public Tutoring Initiative will make commercially reasonable efforts to minimize the time required to perform such upgrades, redesigns, repair or other maintenance activities.

Termination

We reserve the right to suspend your use of this Site, including, but not limited to, your use of the For-Fee Services, if we determine, at our sole discretion, that you have violated one or more of the terms of this User Agreement. We reserve the right to suspend or restrict, in whole or in part, your access to the Site and/or to terminate this User Agreement at any time without notice for any reason, including, in the case of this User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.

Governing Law

This User Agreement will be governed by the laws of the State of Florida applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State of Florida and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Jurisdiction

The Public Tutoring Initiative makes no claims that the Site, including, but not limited to, the For-Fee Services, may be lawfully viewed, downloaded or otherwise used outside of the United States. Access to, and the use of, the For-Fee Services may not be legal by certain persons or in certain countries. If you access and use the For-Fee Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the all competent jurisdictions.

Invalid Provisions and Waiver

If any of this User Agreement is found to be invalid by any court having competent jurisdiction, that invalidity will not affect the validity of the remaining portions of this User Agreement, which will remain in full force and effect. No waiver of any term by The Public Tutoring Initiative will be deemed a further or continuing waiver of such provision or any other provision.