PrepScholar Online SAT / ACT Prep: All Visitors Terms of Service

Welcome to the PrepScholar.com and PrepScholarTutors.com website (the “Site”). PrepScholar Inc. , a Delaware Corporation, (“PrepScholar” 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 PrepScholar 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.

PrepScholar 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 PrepScholar Inc. and none of the managers, shareholders, employees, or workers directly, and indemnify all parties other than PrepScholar Inc. from lawsuits and other disputes. You agree that if you had previous relationships with any parties above other than PrepScholar Inc. in use of the Site, that your continued use gives consent for that relationship to be transferred to PrepScholar Inc.

Use of Site

You may use this Site to obtain information on PrepScholar Inc., PrepScholar.com, PrepScholarTutors.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 PrepScholar’s PrepScholar.com or PrepScholarTutors.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 PrepScholar. Further, you may not use any meta tags or any other “hidden text” utilizing PrepScholar’s or PrepScholar’s name or trademarks without the prior written consent of PrepScholar.

Without limiting the generality of the foregoing, your rights to use the PrepScholar 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 PrepScholar 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 PrepScholar for your use of this Site.

Operation of the Website

PrepScholar 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, PrepScholar 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 PrepScholar’s course material and tests, 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 PrepScholar 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 PrepScholar 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. PrepScholar 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 PrepScholar of the linked site. IN NO EVENT WILL PREPSCHOLAR 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 PrepScholar 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 PrepScholar’s express prior written consent. Please direct any linking requests to us at support@prepscholar.com.

Children

In compliance with the Children’s Online Privacy Protection Act, PrepScholar 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 PREPSCHOLAR “AS IS.” PREPSCHOLAR 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 PREPSCHOLAR BELIEVES ALL INFORMATION ACCESSIBLE ON OR VIA THE SITE TO BE ACCURATE AS OF THE TIME OF ITS PUBLICATION, PREPSCHOLAR CANNOT, AND DOES NOT, REPRESENT, GUARANTEE OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT, AND PREPSCHOLAR IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR RESULTS OBTAINED FROM USING SUCH INFORMATION.

Limitation of Liability

PREPSCHOLAR 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 PREPSCHOLAR 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.

Test Scores

Any user of any PrepScholar Site test preparation product or service that does not directly pay PrepScholar for such use, including but not limited to any user using any PrepScholar Site product or service on a unpaid basis excluding any special agreement established between PrepScholar and their school system, must timely provide PrepScholar (either directly or through their school system, as applicable) with their actual test scores. All other users of the PrepScholar’s Site products or services may, but are not required to, provide PrepScholar with their actual test scores. In providing PrepScholar with your test score(s), you (i) represent and warrant that such test score(s) are accurate, (ii) agree that PrepScholar may use such test score(s) in any legally permissible manner (and in compliance with PrepScholar’s Site Products’ Privacy Policy), including but not limited to, in PrepScholar’s advertising and promotional efforts and/or in the further development of any PrepScholar product or service, without any duty or obligation to pay any compensation or make any accounting to you whatsoever, and (iii) agree to accept all liability resulting from your provision of any inaccurate or incorrect test score(s).

Submissions

All remarks, suggestions, ideas, graphics, or other information provided by you through this Site (together, the “Submission”) will forever be the property of PrepScholar. PrepScholar 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 PrepScholar operations. Without limitation, PrepScholar will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. PrepScholar 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 PrepScholar 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 PrepScholar from time to time.

Usage of Statements and Images

You agree that PrepScholar may use statements you provide to PrepScholar about PrepScholar, its packages, or its personnel, along with public pictures of you on the Internet in marketing material. If you wish PrepScholar to remove any such information in future publications simply send PrepScholar an email at support@prepscholar.com.

You agree to abide by any Acceptable Use Policy instituted by PrepScholar from time to time.

Process to Access All Features

Some advertised features, for example the consulting included in some packages, are not directly accessible after logging in and payment. Such features must be requested by the user via email to support@prepscholar.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 support@prepscholar.com with a 7 day notice period.

All Accounts

If you enroll in any of PrepScholar’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 PrepScholar. You are responsible for maintaining the confidentiality of your account and password and for restricting access to PrepScholar’s Site course material to anyone other than yourself. You agree to accept responsibility for all activities that occur under your account or password. PrepScholar 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 PrepScholar and govern your use of the Site, superseding any prior agreements between you and PrepScholar. This Site is owned and controlled by PrepScholar in Commonwealth of Massachusetts, U.S.A. As such, the substantive laws of the Massachusetts 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 Massachusetts, and you consent to the jurisdiction of such courts. The failure of PrepScholar 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 PrepScholar.com and PrepScholarTutors.com website (the “Site”). PrepScholar Inc. (“PrepScholar” or “We”) provide personal accounts. Personal accounts include all ACT and SAT Complete Prep, Automated Prep, 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.

PrepScholar 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 via payment plans must make all payments on time. A failure to pay will lead to your account being put on hold until payment is completed as well as a $50 service fee if the payment does not clear within 24 hours of the initial failed payment. If your account is over 7 days in arrears, you will be expected to make a full payment in order to re-activate your account. If your account is over 10 days in arrears, your unpaid amount including the $50 service fee may be sent to a collection agency.

SAT Version Change: Definitions

The SAT made a signficant change to its format in early 2016. The format of the SAT from 2006 up to and including the January 2016 will be referred to as the Old SAT, but can also be referred to as the Previous SAT, 2015 SAT, 2400 SAT, SAT on/before January 2016. The format of the SAT from March 2016 forwards will be referred to as the New SAT, but can also be referred to as the Next SAT, the 2016 SAT, the 1600 SAT, the SAT on/after March 2016, or Current SAT. Generically, the term SAT on the site refers to the New SAT.

A package here refers the specific training that you have bought. Therefore, PrepScholar SAT Complete Prep is a package, as well as PrepScholar 10-hour Tutoring, and so forth. A program here refers to a set of instructions, software, and progress records that aims to train the student in a specific test in a specific way. Therefore, our New SAT training and Old SAT training are both programs, potentially included in the PrepScholar SAT Complete Prep package depending on timing. Note here that a program aims to target one test only, either the New SAT or Old SAT, and the program contains all records of training for such a test. A program may still change over time as we continually develop our technology.

SAT Version Change: Access to New vs Old SAT

Purchasers of the PrepScholar Complete SAT Package on or after January 23rd, 2016 guarantees access to a program that trains for the New SAT. The program has been specifically designed for the New SAT. As we have announced an manually emailed all users as early as November 2015, Purchasers before January 23rd, 2016 who still have access time remaining with PrepScholar may access the New SAT prep program, and as of July 1st, 2016 may not be guaranteed access to the Old SAT program or any data included.

160+ Point Money Back Guarantee

Note: the terms here describe the 2400-scale SAT first, and then amends it to apply to the 1600-scale New SAT, and also accounts for transitional test-takers. We are so confident that we can improve your 2400-scale SAT score up to 240+ points (up to 2300+) that we are the only company to give you the PrepScholar 240+ Point Money Back Guarantee (the “240+ Guarantee”) for our Complete package. An analogous guarantee applies for 1600-scale SATs (see below).

You qualify for the 2400-scale SAT 240+ Guarantee if:

  1. You have an account on PrepScholar. You are the sole student associated with a paid account on PrepScholar (“Associated Account”). This means the account’s lessons, practice questions, diagnostics, and other content is only being used by you and no other individuals.
  2. You finish our course. You take and pass, as defined within the PrepScholar package, every lesson assigned to you by PrepScholar for the 2400-scale SAT. This includes completing all practice tests assigned to you. This includes either achieving mastery on all lessons or taking a lesson sufficiently many times so it is no longer assigned to you. If you have tutoring, this includes complete all tutoring hours.
  3. Your score beforehand. You took an official ETS administration of the 2400-scale SAT or 240-scale PSAT in the 4 years before the creation of your Associated Account. (By way of example, if you created your Associated account on 06/30/2016, then this period includes 6/29/2012 to 6/29/2016 inclusive). Let your Before-Score be defined as your SAT score on the final test you took during this period. Only if you do not have an official SAT score in this period, then let your Before-Score be defined as your offically administered 240-scale PSAT score converted to the SAT scale through multiplication by ten (10).
  4. Your score afterwards. You took an official ETS administration of the 2400-scale SAT within 60 days of finishing the course or the next available date after finishing the course. Finishing the course is defined as first date on which you pass every lesson assigned to you. By way of example: if you finish your course 8/29/2016, you must take an official SAT on or before 10/29/2016; if no SAT is given in this period, you must take the next official SAT after 8/29/2016. Let your After-Score be defined as your SAT score on the first test you took during this period.
  5. 240+ Improvement up to 2300+. Your After-Score is below 2300 and is less than 240 points higher than your Before-Score.
  6. Submission of Request. We receive your request within 360 days of when the Associated Account was paid for. The submission should include official College Board score reports listing all SAT scores of the student's history, including the Before-Score and After-Score. The score reports must clearly show the student’s name, test date, and score. The score report should be directly sent by the College Board to:

    PrepScholar Inc.
    Attn: Score Reports
    810 Memorial Dr.
    Suite 3L
    Cambridge, MA 02139
    The submission must contain the email address of the account as well as a Payee name and a Payee address. If you purchased a Complete package, the full sum you paid will be refunded to you. The credit Refund method will be via credit card or check at PrepScholar’s discretion within 60 days PrepScholar receiving the request. If you purchased the Complete + Tutoring package, then you will get $397 back, and in addition 100% of the tutoring hours you purchased and completed before the test given to you as a free credit. Such a tutoring credit may only be applied once, with a maximum of 40 hours credit. Credit hours count as promotional hours for purposes of the terms and are not eligible for cash conversion or refunds. You not claim this guarantee more than once (e.g. if you don't improve a second time around).
Other Terms: At most one refund will be provided per household, account purchaser, account user, College Board score report, requester (whether an individual or an organization), or account. By way of example, one parent (purchaser) who buys two packages for two different users can get at most one package refunded.

Score Guarantee for New SAT (1600-scale SAT). If your score afterwards comes from a 1600-scale SAT, then the guarantee above also applies as follows. You must finish the 1600-scale SAT program. Your 1600-scale SAT scores (including potentially the score beforehand) is multiplied by 2400/1600 = 1.5 for the 240 point comparison. If your score beforehand is from the 1520-scale PSAT, then the PSAT score is first increased by 80 points and then multiplied by 1.5.

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. PrepScholar 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.

5-Day Risk-Free Trial

If for any reason you’re not satisfied with our product within our 5-day trial period, simply let us know and we’ll give you a refund with no reason needed! Please note for tutoring packages, the portion of tutoring that has already been done cannot be refunded, although all other parts can be. You can request a refund any time within 120 hours (5 days) of beginning our package. This 120-hour period does not start running until you submit your completed diagnostic test to us! To request a refund, call us (leave a message if prompted) or email us at support@prepscholar.com with the username of the account (which is the same as the email address) and we’ll give you a refund.

Restrictions: At most one refund will be provided per household, account purchaser, account user, or account. This applies to all package types and test types.

Free Trial Period

If you are buying a product that advertises "Free Trial," and not a "Risk-Free Trial," then you will not be charged until your free trial period ends. You are able to cancel at any time by emailing support@prepscholar.com with the subject "Cancel Trial Request". Your free trial period lasts 5 days (120 hours). PrepScholar grants you a grace period before the free trial: the free trial period does not start until the account submits the diagnostic test or 15 days (360 hours) have passed since the submission of payment information. In other words, the free trial period ends the earlier of 1) when the account submits the diagnostic test plus 5 days, or 2) 20 days (480 hours) from payment information submission. All account cancellation emails will be processed in accordance with the received timestamp on your email (as recorded by our third-party servers).

User Responsibility for Email Contact

You must arrange to keep in email contact with PrepScholar. Email is mandatory and NOT optional and for one-off support only.

By default you will communicate with PrepScholar 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 PrepScholar emails with your email provider, which may include checking the spam folder or whitelisting the email address “support@prepscholar.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. By way of example, PrepScholar may arrange via email for students to receive physical textbooks, and non-response or non-compliance to this email will cause PrepScholar to be unable to ship the book, and will prevent the student from completing PrepScholar as designed. Other possible checkpoints may require the student to email PrepScholar to proceed through.

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.

Payment Plan

PrepScholar at its sole discretion may offer you a Payment Plan. After PrepScholar collects payment information from you and issues you the Written Terms, PrepScholar may charge you in accordance with the terms. You have 5 days (120 hours) from the moment PrepScholar sends you the Written Terms to dispute the terms. Each payment plan will consist of the name of the product being offered, and a set of pairs of dates and charge amounts that may not necessarily add up to the posted retail price of the product. For each pair of date and charge amount, PrepScholar may charge you that amount on or after the corresponding date. Under a Payment Plan, you have the same refund guarantees as a full one-time payer, but not more. In particular, you may not stop paying simply because you do not like the package or do not use it anymore. In terms of the rights of PrepScholar and your responsibilities, the Payment Plan can be see as a loan whereby the full one-time cost is charged at enrollment, and collection of the loan occurs afterwards. If any payment is declined or cannot be made by you, PrepScholar may charge a $70 administrative fee per instance in addition to any direct fees charge by banks. You authorize PrepScholar to re-try the charge after failure after 2 business days. If you are more than 5 business days late in payment, PrepScholar may pursue collection and legal action to recover the money. In such a case, you will be responsible for all collection and legal costs relating to your case.

Recourse

In the case PrepScholar is not able to deliver the services purchased, PrepScholar may offer you a partial or full refund in return for cessation of all remaining services. Further, PrepScholar may terminate its relationship with any customer for any legal reason, or no reason at all if legal, at PrepScholar's discretion by offering the customer a full refund of all amounts paid. PrepScholar's maximum liability shall not exceed the actual purchase price paid for the account or products, and in no event shall PrepScholar be liable for loss of, damage to, or corruption of data stored with PrepScholar 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.

Package Extensions or Retakes

Package Extensions, or the allowance of students to access the package for longer than the one-year period, may be granted. Students who have a Package Extension must accept any ongoing changes to the package that PrepScholar make to the package. Students who have a Package Extension are not entitled to upgrades or transference of their account to any other version / test of the package, even if the original test version is discontinued. If a Package Extension is paid for, then the payment for the Package Extension has no trial refund period, and is not included in the point guarantee. By way of example, if the 2014 SAT Complete Prep package cost $400 with a 240 point guarantee, and if an extension cost $300, and you qualify for the point guarantee refund, $400 would be refunded and not $700.

Tutoring Terms of Service

Welcome to the PrepScholar.com and PrepScholarTutors.com website (the “Site”). PrepScholar Inc. (“PrepScholar” or “We”) provide tutoring accounts. All tutoring accounts are also personal accounts, but not all personal accounts are tutoring accounts. Tutoring accounts include all accounts advertised as such, or if the user takes an action on a personal account to schedule or otherwise engage in tutoring. Tutoring accounts apply to cases including but not limited to a personal account upgrading to tutoring or entering in any promotion where tutoring is provided at charge or free. All purchasers and users associated with a tutoring account, whether the same or different natural persons, jointly and severally, are referred to as “account holders” or simply “you”.

By purchasing, using, creating, or changing to a tutoring account, you agree to the terms below. Please read these Terms and Conditions of Tutoring Account (“Tutoring Account Terms” or “TAT”) carefully before using, purchasing, creating, or changing to any tutoring account. By using this Site in any capacity, you agree to these Tutoring Account Terms. The Tutoring Account terms apply in addition to all other applicable terms above. In cases where the TAT conflicts with the PAT terms, the TAT terms shall take precedence.

Below, section T 1 (e.g. T 1.1, T 1.5) applies to all tutoring students. Section T 2 applies only to those who have been offered a promotional Free First Session with No Obligation to Continue. Section T 3 applies to students in Pay As You Go (AYG) tutoring, which occurs after the first session in the Free First Session and also when otherwise specified. Section T 4 applies to students who are in Prepaid tutoring, which includes all default packages shown on the site PrepScholarTutors.com.

T 1.1 Scheduling a Time

You and PrepScholar will coordinate on a mutually acceptable way to schedule tutoring. If you propose a time and PrepScholar accepts, or PrepScholar proposes a time and you accept, then that acceptance constitutes confirming that time.

Once a tutoring time is scheduled, PrepScholar will send, via personal email or automated email, a message to you or your student detailing the exact time of the tutoring session with the word "confirmed" next to it.

T 1.2 Lateness and No-Show

PrepScholar is considered late if we are not online (and contactable) via Skype, phone, or other previously agreed to method at the scheduled time, and you reach out to your tutor via email verifying inability to be contacted. If PrepScholar is late, the tutor will offer to make up the time at the end. If the tutor is more than 10 minutes late, then you will receiving in Free Time Credits the number of minutes the tutor was late, up to 60 minutes. If the tutor no-shows (being more than 60 minutes late), then you will receive 60 minutes in Free Time Credits.

A student is considered late if he or she cannot reach PrepScholar via the method scheduled. On the student's side, having a broken phone, not having the latest software, hardware problems, Internet downtime, etc, may all cause lateness on part of the student. If the student is late, then the amount of the delay will not be made up by the tutor. If the student is more than 15 minutes late, then this counts as no-show. If a no-show occurs, your session will be cancelled and you'll incur a no-show penalty of $199.

The student agrees to maintain continuous email contact at the start of the tutoring session. Therefore, a lack of student response to all tutor emails (at least one must be sent) within the first 15 minutes definitively counts as a no-show.

In addition to the above, if the student does not provide a valid form of online video contact 12 hours ahead of time, and does not cancel the session 24 hours ahead of time, then this counts as a no-show with the $199 no-show penalty.

T 1.3 Cancelling Confirmed Tutoring

PrepScholar strives to rarely cancel confirmed tutoring sessions on our side. In case we do, we will give 24 hours notice, or else we will give you a free 15 minutes in your next paid session of 1 hour or more (see Free Time Credits below).

You may cancel any confirmed session with no penalty up to 24 hours ahead of time by emailing "support@prepscholar.com" or your tutor's official prepscholar.com email clearly stating your intent to cancel. Timing is measured by the receipt time of our email servers. If you cancel with less than 24 hours left until the session, a no-show fee equal $199 will apply.

T 1.4 Changing Tutoring Time

A request to change tutoring time will be seen as two independent requests: one to cancel old session, and second request to book another session. Therefore, in accordance with the cancellation terms above, changes with more than 24 hours left will not incur any penalties, and changes with less than 24 hours left will incur 60 minutes of tutoring time of penalty. Also, even if the new requested time is not available, the old session will be effectively cancelled.

The only exception to the request being interpreted as two independent requests is that you may explicitly write in email "If the change is not possible, do not cancel the old session". In this case, if we change the session at our sole discretion, we'll reply letting you know it was successfully changed, otherwise the old session is not cancelled. If your request is received by our servers within less than 24 hours of either the new or old session, a 60 minute change fee will apply.

T 1.5 Free Time Credits

In case you receive a Free Time Credit for any reason above, then it may be used to extend any fully paid session of 1 hour by the total amount of credit you have left. For example, if you have 30 minutes of Free Time Credit, you may extend your next paid 60 minute session to 90 minutes. For example, if you have 60 minutes of Free Time Credit, it cannot be simply used for a 1 hour free session. Likewise, if you have 30 minutes of free time left, you cannot use it 10 minutes at a time over your next 3 sessions.

T 1.6 Authority to Book Sessions

The holder of the credit card for tutoring agrees either the student or the parent may book, extend, cancel, or change tutoring sessions. The cardholder agrees each action does not need instance-by-instance confiration by the cardholder, nor do bookings need to be reverse confirmed.

T 2. Free First Session with No Obligation to Continue

From time to time PrepScholar may offer its students a promotional Free First Session with no obligation to continue. In such a case, the first session of tutoring is free with no charge to be made to your credit card. There is also absolutely no obligation to continue past the first session. If you decide not to continue, you will never be charged.

You agree when you sign up for the Free First Session that your credit card will be held on file for charging in case a charge occurs. The credit card will be used in cases including but not limited to if you decide to go past the first session, in which case the terms will transition to Pay As You Go (AGY) tutoring, defined below.

While the first session is free, if you no-show to the first session there is the standard tutoring no-show fee. Likewise, providing non-functional video chat usernames, or not providing video chat usernames at all within 12 hours of the start of the session constitutes a no-show, as well as all the other standard terms above.

Your hourly rate for AYG tutoring if you go past the first session will be either $199/hr, or if another price is posted as part of that promotion, then that price instead.

T 2.1 Free First Session at PrepScholar Sole Discretion

Any promotional free hours, including the Free First Session, are offered solely at the discretion and pleasure of PrepScholar Inc. and have a cash value of 1/100 of a cent per hour. PrepScholar may decide to offer such hours to its customers according to any lawful criterion/criteria, including to all customers or to absolutely no customers at all. No package includes any guarantee of any Promotional Free Sessions as a feature. There is no performance, cash, or other remedy for PrepScholar lateness, cancellation, non-performance, or misrepresentation, even if wilful, in Promotional Free Sessions. PrepScholar may rescind any Promotional Free Sessions at any time at its sole discretion.

T 3. Pay As You Go (AYG) Tutoring

AYG tutoring requires a credit card on deposit, and if one was deposited during the Free Session or any other time on the site the credit card was allowed to be deposited, this card may be used.

You agree that PrepScholar may maintain a balance of tutoring credits left (in US dollars, called your Tutor Balance) for your account by charging your credit card. You Tutor Balance is fully refundable at all times.

You agree that 48 hours before each session, PrepScholar may transfer funds from your credit card to your Tutor Balance so that your Tutor Balance is equal to the value of the cost of your next session. If your Tutoring Balance is already equal to or more than twice the cost of your next session, no charge shall be made.

Your Tutor Balance will be debited by the cost of each session as they occur (hence the name "pay as you go").

T 3.1 Eligibility for Refunds and Guarantees

If we did not perform any tutoring session to your satisfaction, you may contact us within 5 calendar days from the end of that session. If we and you agree that our session did not fulfill the quality standards we strive to maintain, the cost of that session will be credit to your Tutor Balance.

Otherwise, AYG Tutoring is seen as outside of the other prep products and so is not eligible for any refunds and guarantees, including ones specified in section T 1 or the Personal Account Terms (including 5-day risk free trial or any point improvement guarantees).

T 4. Prepaid Tutoring

Prepaid tutoring applies only to the standardized packages with tutoring already included as advertised on PrepScholar.com or PrepScholarTutors.com (e.g. a $995, $1995 or $6995 package).

T 4.1 160/4 Point Improvement Guarantee

For SAT tutoring we guarantee a 160 point improvement and for ACT tutoring we guarantee a 4 point improvement. The terms are the same as the point guarantee stated in the personal account section (see other part of terms) with the differences that:

1. To qualify, not only must the student finish the online (automated) prep part fully, but the student must attend all tutoring sessions included in the package (but does not need to add on hours through AYG).

2. The remedy in case of lack of improvement is $397 back plus 100% more free tutoring on the first tutoring package that you pay for. For example, if you buy a Prepaid Tutoring package with 12 hours of tutoring and qualify, you get $397 back plus 12 more Free Time Credits for tutoring. As another example, if you buy a Prepaid Tutoring package with 12 hours of tutoring and then renew for another 12 hours, the remedy would not be to receive 24 hours of tutoring, but instead the same remedy as the example above.

T 4.2 1 Hour Money Back Guarantee

We at PrepScholar want you to feel confident in the ability of our tutors, so we offer this 1 hour money back guarantee.

If, within 60 days of your purchase of the package, you receive one hour of tutoring, you may elect to have all your tutoring fees (including that hour!) refunded as follows:

If you haven't used our Automated Prep software extensively (for more than 10 hours in duration as recorded by us), then your account will be shut down fully (including disabling access to the online portion).

If you have used our Automated Prep software extensively (10 hours or more), then we will refund the full amount you paid minus $397, and we will keep the Automated Prep portion active for you.

T 4.3 Partial Refund Guarantee

If at any point in the tutoring process, you do not like it and do not want to continue, you may receive a partial refund of the unused time as follow.

Your Used Cost is calculated as $397 plus $199 per hour for all hours of tutoring in your account (even if these hours occured at different explicit or implicit rates). Hours of tutoring used include confirmed tutoring that has not been cancelled with more than 24 hours left.

The difference between your package cost and the cost of your Used Cost is the Eligible Refund amount. If you choose to, you may receive your Eligible Refund back in exchange for returning any unused tutoring hours.

In such a case, your Automated Prep software will remain online.

Gold Accounts Terms of Service

Definitions

A Group Gold organization is a legal or natural person who enters into a written agreement, through either informal email or a formal signed contract, with PrepScholar to provide a Group Gold license under which Group Gold accounts can be purchased, or otherwise purchases a Group Gold account. A Group Gold organization will be referred to as the “organization” or “org” regardless of the nature of the entity. The organization is represented by any natural persons, termed here Group Gold administrators (“administrators” or “admin”), who have full agency power to act on behalf of the organization. This includes all lawful managers as well others appointed by the organization. The natural persons who are learning using PrepScholar are termed “Group Gold students”.

The All Visitor Terms (“AVT”) above shall apply to Group Gold organizations, administrators, and students, unless they conflict with any of the Terms in the sub-sections below known as Group Gold Accounts Terms of Service (“GGAT”). In the case any condition in the GGAT (“GGAT condition”) conflicts with any condition in the AVT (“AVT condition”), then the AVT condition shall be negated to the minimum degree necessary to remove the conflict.

Creating Accounts

The organization or its administrators authorize purchases of licenses by submitting an email requesting a number of accounts be onboarded. Unless authorized in writing beforehand, the sales is made at the time Prepscholar notifies the requester that onboarding for those accounts are successful (the “start time” for the account). The notification email will include email addresses identifying the PrepScholar accounts that have been onboarded.

Use and Support

Each Group Gold account allows the one Group Gold student identified by the each account’s email address sole use of PrepScholar through the associated account. The account shall remain actively supported for one semester, not to exceed 150 days, after which the Group Gold student may use the account for a passively supported period of time, up to a year after the start time. If the Group Gold student wishes to reinstate support for an account that is off support, the organization may purchase another license from PrepScholar through email.

Actively supported accounts are entitled to three reports. Each report may be requested by an administrator at any time with 5 business days' notice. Each report shall specify completed lessons, time on site, and the SAT score results of practice tests.

Each supported account will receive full technical support included in the purchase price. Technical support can be accessed by admins by contacting the phone number at the bottom of the PrepScholar home page. Administrators may authorize Group Gold to directly contact support. Technical support refers to issues arising from deficiencies or unclear technical instructions in the PrepScholar software, where deficiencies and unclear is defined according to PrepScholar’s sole discretion.

Group Gold accounts instruct students completely through our automated computer platform. Accounts do not include tutoring or any one-on-one help with content. Technical support does not include content help. For example, suppose the rare case we have a mistake with one of our math problems. Suppose we incorrectly state that 241 * 21 = 5060. Then the student or any representative of the organization may contact us and receive 1:1 help on correcting this technical problem on our side. On the contrary, suppose we correctly state that 241 * 21 = 5061 on one of our math problems. The Group Gold package does not cover (under Technical Support or otherwise) the student contacting us to explain why that math is true, or how to do multiplation, etc. Group Gold purchasers may access 1:1 tutoring at the standrad tutoring rates posted at PrepScholarTutors.com, which will be structred nearly identically to tutoring for personal accounts.

Group Gold accounts are entitled to support in account creation (the technical inputting of usernames and passwords to make them usable), three standard reports, support for technical bugs, and account closure. Group Gold accounts do not include any manual 1:1 consultative help on organizational integration or deployment strategy. Any such help would be provided at PrepScholar's sole discretion. In addition, Group Gold accounts do not include founder consulting.

Account Cancellation

Any admin may cancel any account associated with the organization by sending an email to PrepScholar. Cancelled accounts may be erased the moment such an email is received, and usage data, historical grades, scores, and other information associated with the account may not be maintained.

One Person Per Account

You agree both directly and through your administrators to only allow one natural person to use each account purchased. By way of example, if John and Peter are two people in a class, they many not actively prepare using the same account; likewise, if John uses an account for 3 months, he may not pass in on to Peter who uses it for another 3 months. This limitation does not include having a person debug an account or otherwise help that first person, as long as such time is limited to less than 5% of the total access time.

Software and Site Updates

The PrepScholar website across-the-board improvements, feature additions, bugfixes, changes, and generally “software updates”. The organization agrees that for each account, PrepScholar has no responsibility to maintain backwards compatibility or preserve the layout of the account. The organization agrees to allow each account to be updated to the latest version of the site along with the rest of the site.

Point Score Guarantee

An account under the Group Gold license is not eligible for the Point Score Guarantee. The Guarantee is designed as a vote of assurance for consumers who have no experience with PrepScholar products, and for organizations the assurance is provided by previous experience, pilots, and other information provided by PrepScholar sales.