Terms of Use

AGREEMENT

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY; THEY CONSTITUTE A LEGAL CONTRACT BETWEEN YOU, THE USER (AS DEFINED BELOW), AND POINT ONE PREP. These Terms govern your use, and Point One Prep’s provision to you of any Point One Prep product or service that contains a link to these Terms, including https://pointoneprep.com/ and its subdomains and any other website operated by or on behalf of Point One Prep with a link to these Terms (collectively, the “Site”), and any content, information, services, features, or resources available or enabled on the Site (collectively, the “Services”). Any visitor to the Site or user of any other part of the Services is referred to herein as “User”, “you”, or “your”.

BY PURCHASING A SUBSCRIPTION, OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT. IF YOU ARE A USER UNDER THE AGE OF EIGHTEEN (18) YEARS OLD, YOU AGREE THAT YOU HAVE REVIEWED THESE TERMS WITH YOUR PARENT OR LEGAL GUARDIAN AND HE OR SHE AGREES TO THESE TERMS ON YOUR BEHALF AND TAKES FULL RESPONSIBILITY FOR YOUR COMPLIANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES. THE SERVICES ARE NOT INTENDED FOR USE BY INDIVIDUALS UNDER THE AGE OF THIRTEEN (13). YOU MAY NOT USE THE SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST THIRTEEN (13) YEARS OLD.

USE OF THE SERVICES

Rights to use the Services. Subject to your compliance with the Agreement, Point One Prep grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your own personal, informational purposes.

Updates. You understand that the Services are evolving. You acknowledge and agree that Point One Prep may update the Services with or without notifying you.

Certain Restrictions. By accessing and using the Services you agree that you will not, and will not permit any third party to: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) use any metatags or other “hidden text” using Point One Prep’s name or trademarks; (c) frame or utilize framing techniques to enclose any trademark, logo, or other Point One Prep content; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services; (e) access or use the Services in order to build a similar or competitive website, product, or service; and (f) use any manual or automated software, devices or other processes to “scrape” or download data from any web pages or components of the Services.

USER CONTENT

User Content. “User Content” means any and all information and content that a User submits to, or uses with, the Services. You are solely responsible for your User Content. You assume all risks associated with use of your User Content.

License. You hereby grant to Point One Prep an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content.

ACCEPTABLE USE POLICY

You agree not to: (a) use the Services to upload, transmit, display, or distribute any User Content that violates any third-party right; (b) abuse other Users' personal information; (c) interfere with any other User's use and enjoyment of the Services; (d) impersonate any person or entity; (e) harass or interfere with any other User's use and enjoyment of the Services; or (f) use the Services to engage in, facilitate, or promote academic dishonesty.

REGISTRATION AND ACCOUNTS

Registration and Account Creation. In order to access and use certain features of the Services, you may need to register or create an account on the Services (“Account”). You agree to provide information required for your use of the Services that is true, accurate, current and complete.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.

FEES & PAYMENT TERMS

Third-Party Payment Service Provider. Point One Prep uses Stripe, Inc. and its affiliates as its third-party service provider for payment services. If you make a purchase on the Services, you will be required to provide your payment details directly to our Third-Party Service Provider.

Subscription Terms. The Services are available on a subscription basis. Access to the Services is delivered digitally and considered “used” once you log in or access any part of the Services.

Automatic Renewal. YOUR SUBSCRIPTION WILL CONTINUE AND AUTOMATICALLY RENEW AT POINT ONE PREP’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTION UNTIL TERMINATED IN ACCORDANCE WITH THE AGREEMENT.

Cancelling Subscriptions. You may manage or cancel your Subscription at any time by logging into your Account and following the online cancellation instructions.

No Refunds. All purchases of a Subscription are final and non-refundable. While Point One Prep has no obligation to issue refunds, if you experience any issues with the Services, you may contact us, and we will use commercially reasonable efforts to address your concerns and assist you.

INDEMNIFICATION

You agree to indemnify and hold Point One Prep (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of the Agreement, or (c) your violation of applicable laws or regulations.

DISCLAIMERS

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE DO NOT GUARANTEE ADMISSION TO ANY EDUCATIONAL INSTITUTION, MAKE ANY WARRANTY REGARDING A SPECIFIC TEST SCORE, OR ACCEPT LIABILITY FOR CLAIMS OF EDUCATIONAL MALPRACTICE OR SIMILAR ALLEGATIONS.

LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POINT ONE PREP OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.

TERM AND TERMINATION

Subject to this section, the Agreement will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion.

ARBITRATION AGREEMENT

Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with Point One Prep and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Point One Prep agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Service will be resolved by binding arbitration.

GENERAL