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This Agreement (the "Agreement") states the terms and conditions under which you may use this web site and the test preparation services provided by Prime Prep LLC ("Prime Gmat Prep" or "Prime"), which together constitute "Prime Service." Any use by you of the Prime Service constitutes your acceptance of all such terms and conditions, including any terms and conditions incorporated herein. BY USING THE PRIME SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND CREATE A BINDING CONTRACT BETWEEN YOU AND PRIME. If you do not accept the terms and conditions contained in this Agreement, do not use the Prime Service. Upon This Agreement may be modified at any time upon the discretion of Prime.
Prime grants you a terminable non-exclusive, non-transferable license to use the Prime Service solely for your personal, noncommercial, noncompetitive use in accordance with the following terms and conditions. Certain materials provided to you through the Prime Service are subject to terms and conditions herein or listed as "Legal Notices" on our web site. Any such terms and conditions shall be deemed a part of this Agreement and are hereby incorporated into this Agreement by reference.
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The computer software, artwork, test preparation materials and other components included in the Prime Service are the copyrighted property of Prime and its licensors. The Prime Service is licensed (not sold) to you, and Prime owns all copyright, trade secret, patent and other proprietary rights in the Prime Service. You may not: (a) copy, distribute, rent, loan, lease or sublicense all or any portion of the Prime Service; (b) modify, translate, distribute or prepare derivative works of the Prime Service or the accompanying documentation; (c) reverse engineer, decompile or disassemble the Prime Service or the accompanying documentation; or (d) remove any proprietary notices, labels, or marks on the Prime Service and accompanying documentation. You may not transfer the Prime Service. Your license is automatically terminated if you transfer the Prime Service. THIS LICENSE IS NOT A SALE. TITLE AND COPYRIGHTS TO THE PRIME SERVICE AND ANY ACCOMPANYING DOCUMENTATION REMAIN WITH PRIME OR ITS LICENSORS, AS THE CASE MAY BE.
You further acknowledge and agree that Prime has no obligation to preview, screen or monitor any Content that may be added Prime Service by other users, whether publicly posted or privately transmitted through the Prime Service. Prime does not guarantee the accuracy, integrity, quality or appropriateness of any such user posted Content. Under no circumstances will Prime be liable in any way for any user posted Content, including, but not limited to, for any errors or omissions in any user posted Content, or for any loss or damage of any kind incurred as a result of the use of any user posted Content accessed, posted or otherwise transmitted via the Prime Service. By using the Prime Service, you agree that it is solely your responsibility to evaluate the accuracy, completeness, usefulness or appropriateness of any user posted Content that you access, post, or otherwise transmit through the Prime Service, including user posted Content that may be offensive, indecent or objectionable. Prime has the right to suspend, restrict or terminate your use of the Prime Service and to refuse any future use of the Prime Service (or any portion of the Prime Service) if Prime has reason to believe that you are responsible for user posted Content that Prime deems inappropriate.
You agree, as a condition of your use of the Prime Service, to provide Prime with accurate and complete information when registering for the Prime Service. Prime has the right to suspend, restrict or terminate your use of the Prime Service and to refuse any future use of the Prime Service (or any portion of the Prime Service) if Prime has reason to believe that you have failed to comply with these requirements.
Prime Gmat Prep guarantees that the GMAT score of a student will be higher than that of the student's baseline score. In the event a student's actual GMAT score is not higher than that of the applicable baseline score, the student is eligible to receive a refund of the Prime Gmat Prep course tuition subject to the following terms. For students with an official GMAT score from a GMAT sitting within a year of the date of the first session of the initial GMAT prep course, that official score shall serve as the baseline score. In the event a student does not have a recent valid official GMAT score, the score achieved from taking a practice exam obtained from www.mba.com upon registration for the GMAT shall serve as the baseline score. The student must submit a baseline score in the form of an electronic copy of an official GMAT score report or an applicable practice exam report to Prime Gmat Prep prior to the first session of the initial GMAT prep course and must take an official GMAT within three (3) months following completion of the initial Prime GMAT prep course to qualify for the Score Increase Guarantee. The student also must attend all sessions of the GMAT prep course and complete all provided practice problems in course materials for each lesson to qualify for the Score Increase Guarantee. In the event the student does not achieve a score increase in an initial GMAT sitting upon completion of the course and all provided practice problems, the student is required to repeat a Prime Gmat Prep course and converse with a Prime Gmat Prep expert to discuss a modified study plan to achieve success on a subsequent GMAT sitting. In the event the student does not achieve a score increase on such subsequent GMAT sitting, the student may request a refund by submitting an unopened GMAT official score report within thirty (30) days of the GMAT test administration and all provided GMAT materials, including completion of all contained practice problems. Any applicable refund of course tuition will be made by Prime Gmat Prep in the original form of payment and in U.S. dollars. The Prime Gmat Prep Score Increase Guarantee is only applicable to GMAT prep course tuition and is not applicable to any other fees, including but not limited to fees in relation to private tutoring, GMAT prep materials, MBA admissions consulting or shipping and handling fees.
In the event of registration cancellation made by the student, the student is eligible to receive a refund of the course tuition fee less a US$300.00 administrative cancellation fee, provided such cancellation is made not later than fourteen (14) days in advance of the first session of the course and the student returns all received course materials in their original and unopened packaging. In the event the student does not return the course materials in their original and unopened packaging, the stand alone price for the course materials shall be debited from any refund that may be due. Any refund due is applicable only to the course tuition fee and is not applicable to any shipping and handling charges incurred by the student. The student is not eligible for any refund in the event cancellation is made by the student within fourteen (14) days in advance of the first session of the course or after the start of the course.
In the event a student misses one or more sessions of a Prime Gmat Prep class for any reason, the student is encouraged to make necessary accommodations to appropriately cover the material from the missed session(s); for the avoidance of doubt, the student is not eligible for a refund for missed session(s) under any circumstances. Prime Gmat Prep welcomes students who miss one or more sessions to cover the material from the missed session(s) with one or more of the following options: (i) in the event a student misses a class due to travel, the student is welcome to attend an individual session in an alternative location, provided the student prior contacts Prime Gmat Prep to make necessary arrangements and ensure availability exists for the said session; (ii) repeat the session at a future time, pursuant to the Prime Gmat Prep Course Repeat Policy documented herein; (iii) cover the missed material with a Prime Gmat Prep tutor, subject to the purchase of tutoring hours offered at a discount to current Prime Gmat Prep students; or (iv) cover the missed material on a self-study basis, supplemented by the use of email support provided by Prime Gmat Prep.
Each Prime Gmat Prep student is eligible to repeat a GMAT prep course for free for a period of six months from the date of the first session of the student's original GMAT prep course. The student must register with Prime Gmat Prep for the repeated course not later than fourteen (14) days in advance of the initial session of such course. Any repeated course must be of equal or lesser value than that of the original course. In the event the cost of the repeated course at the time of request to repeat a given course exceeds that of the tuition paid by the student for the initial course, the student shall be responsible for paying to Prime Gmat Prep any such excess. Following the expiration of the six month period during which the student is eligible for a free course repeat and for a period of up to two years from the date of the first session of the student's original GMAT prep course, a Prime Gmat Prep student may repeat a course for a discounted price of fifty percent (50%) of the current course price. New GMAT prep materials are not provided to the student for any repeated course; however, the student may choose to purchase new materials from Prime Gmat Prep at a discounted price to the normal price of such materials.
All GMAT prep course locations, dates, times, instructors, resources and other information are subject to change at any time at the sole discretion of Prime Gmat Prep. Students will be notified of any and all changes made to the course via email sent to the email address provided during registration. Students should check their account frequently prior to the start of the class. Prime Gmat Prep is not responsible for any student that does not know the time or location of his class.
At the time of registration for a GMAT prep course, the student may be given the option to select and pay for the method to be used to send and deliver materials that are included with course registration. The student is responsible for selecting a method that will allow for timely arrival of the materials. In cases where no shipping option is provided, Prime Gmat Prep will provide delivery of the materials to the student at the first session of the registered course. Prime Gmat Prep will send course materials upon registration, but no earlier than two weeks prior to the start of the course, to those students who have paid the course tuition in full. Upon shipment, the student will receive a confirmation email from FedEx, UPS or an alternative delivery service containing the tracking number for the shipment. In the event that a student does not receive such confirmation one week prior to the start of the course, the student should contact Prime Gmat Prep immediately. Prime Gmat Prep is not responsible in any way for late shipments, lost packages or otherwise problematic deliveries.
As a condition of your use of the Prime Service, you warrant to Prime that you will not use the Prime Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Prime Service in any manner that could damage, impair, disable or overburden the Prime Service or in any way interfere with Prime's rights or any other user's use and enjoyment of the Prime Service, or otherwise infringe on any person's rights. You agree to comply with the terms and conditions applicable to any services, products, advertisements or Content accessed by you through the Prime Service. The PRIME SERVICE contains confidential trade secret information belonging to PRIME, and you may use the PRIME SERVICE only pursuant to the license set forth herein. In addition, you may not disclose the PRIME SERVICE to any third party. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU HEREBY AGREE THAT YOU ARE USING THE PRIME SERVICE SOLELY FOR YOUR INDIVIDUAL, TEST PREPARATION, PURPOSES AND HEREBY STATE THAT YOU ARE NOT CURRENTLY EMPLOYED BY OR OTHERWISE HAVE ANY RELATIONSHIP WITH ANY ENTITY THAT MAY BE COMPETITIVE TO PRIME OR IS OTHERWISE ENGAGED IN THE BUSINESS OF PROVIDING TEST PREPARATION SERVICES. IN THE EVENT THAT YOUR CONDUCT BREACHES THE PROVISIONS OF THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT PRIME SHALL SEEK BOTH CIVIL AND CRIMINAL PENALTIES AGAINST YOU IN YOUR INDIVIDUAL CAPACITY. WILLFUL INFRINGEMENT OF COPYRIGHTED WORKS MAY RESULT IN FEDERAL IMPRISONMENT OF UP TO FIVE YEARS AND $250,000 IN FINES.
When you are registered, you will receive an account identifier and a password. You are responsible for protecting the confidentiality of your password and account identifier, and are fully responsible for all activities that occur under your password or account identifier. You agree (a) to immediately notify Prime of any loss, compromise or unauthorized use of your password or account identifier or any other breach of security, and (b) to exit from your account when you conclude each session. You may notify Prime by sending an email to security@PrimeGmatPrep.com. Prime will not be liable for any loss or damage of any kind should you fail to comply with these requirements.
You agree that Prime may limit your use of the Prime Service, including without limitation the frequency and duration for which you may access the Prime Service, and that Prime has no responsibility or liability for any unavailability or limitation on use of the Prime Service. In addition, Prime reserves the right at any time to modify, limit access to, change the characteristics of or discontinue the Prime Service (or any part thereof) with or without notice. You agree that Prime shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Prime Service.
You acknowledge and agree that the Prime Service and any necessary software used in connection with the Prime 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 sponsor advertisements or information presented to you through the Prime Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
YOU AGREE THAT:(a)IF YOU USE THE PRIME SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE PRIME SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRIME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b)PRIME DOES NOT WARRANT THAT (i) THE PRIME SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE PRIME SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRIME SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRIME SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR PRIME COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED; (c)IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE PRIME SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS; and (d)NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM PRIME OR THROUGH OR FROM THE PRIME SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY AGREE THAT PRIME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PRIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR INABILITY TO USE THE PRIME SERVICE; (b) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRIME SERVICE; (c) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE PRIME SERVICE; OR (d) ANY OTHER MATTER RELATING TO THE PRIME SERVICE.
You agree to indemnify, defend and hold harmless Prime, its officers, directors, employees, agents, other service providers, vendors or customers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of the Agreement by you or any harm you may cause to anyone in connection with your use of the Prime Service, including, for the avoidance of doubt, your use, or the use by any of your affiliates, of the Prime Service for competitive purposes.
You agree that Prime may communicate any notices to you, including notices of changes to the Agreement, through e-mail, regular mail or by posting of those notices on the Prime web site or through the Prime Service.
The Prime logo and other related Prime logos, product and service names may be trademarks, service marks or other intellectual property of Prime Prep LLC. (the "Prime Marks"). You agree not to display or use the Prime Marks in any manner without the prior permission of Prime. All website text, design, and graphics are the intellectual and real property of Prime. All such text, design, and graphics and other materials of Prime may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites. ALL RIGHTS RESERVED.
Prime Gmat Prep shall not be liable for any failure, cancellation or delay in performance to the extent any such failure, cancellation or delay is proximately caused by forces beyond the reasonable control of Prime Gmat Prep and occurring without its fault or negligence, including, but not limited to, the failure of suppliers, subcontractors, and carriers.
The Agreement governs your use of the Prime Service and constitutes the entire agreement between you and Prime. It supersedes any prior agreements between you and Prime. 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 Prime possesses with respect to this Agreement.
The Agreement and the relationship between you and Prime shall be governed by the laws of the State of Texas without regard to its conflicts of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to use of the Prime Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further consent and agree that the courts of the State of Texas are the exclusive forum for litigation of any claim or cause of action arising out of or relating to use of the Prime Service or the Agreement.
Any failure by Prime to exercise any rights or enforce any of the terms of this Agreement shall not constitute a waiver of such rights or terms. If any provision of this Agreement or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of this Agreement, 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.
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