Terms of Service
Last update of these terms of service: May 2020
By accessing TestSuccess Inc.’s (the “Company”) website at https://testsuccess.org (the “Website”), or by purchasing, enrolling in, or using the products, services, or events offered by the Company (“Services”), you are agreeing to be bound by these terms of service (“Terms of Service”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Website or purchasing any Services. The materials contained in this website are protected by applicable copyright and trademark law. All program or methodological techniques and materials (online and in print), content, software, date, videos, code, and session transcripts, copyrights, trademark rights and other intellectual and property rights used in or related to your program are the exclusive property of the Company or its licensors. You agree that you shall not disclose, reproduce, sell, or distribute in any way to any third party any information or content, written or otherwise, including any materials, including, but not limited to, practice workbooks, presentation slides, recordings, and videos, obtained from the Company or in connection with the Company’s services, and agree that you shall use such information or material online for your personal, non-commercial use. Only to the extent that you are required to download materials relating to the Company’s services, the Company grants you a limited, non-assignable, non-transferable, revocable license to use such materials for your personal, non-commercial use. Such license shall terminate upon the termination of your class, tutoring, or other service provided to you by the Company.
You further agree that you shall not share with any person whomsoever your Company username or password providing access to the Website, or any parts of the Website, or allow any third party access to any Company resources purchased by you.
The materials on the Website are provided on an ‘as is’ basis. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall the Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if the Company or an authorized representative of the Company has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of materials
The materials appearing on the Website or used by the Company (or its authorized agents) may include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its website are accurate, complete or current. The Company reserves the exclusive right, at its sole option, to make any changes to the materials contained on its website at any time without notice. However the Company does not make any commitment to update the materials.
If you purchase any tutoring services from the Company, you agree that you shall meet with the tutor at a time and on a schedule that is convenient and acceptable to you and your tutor. In the event that you are required to cancel or postpone a tutoring session, you must notify your tutor directly by way of email at least 24 hours in advance, failing which shall result in a deduction of the remaining tutoring hours from your tutoring package or an administrative fee of $150, subject only to the Company’s sole and unfettered discretion.
You agree that the Company shall not be liable or responsible in any way for any representations, warranties, guarantees, or inducements made by the tutor with respect to your future performance on any standardized test or practice test.
The Company may remove you from its Services or terminate your access to any of its materials if, in its sole and unfettered discretion, it deems your behavior to be disruptive to the learning environment, dangerous to other students, faulty, or staff, failing to adhere to applicable health and safety policies, or lacking of dignity or respect for other students, faculty, or staff. The Company may remove you from its Services or terminate your access to any of its materials if it determines, in its sole and unfettered discretion, that you violated any intellectual property rights of the Company, engaged in academic misconduct, violated any policies of the Law School Admission Council (“LSAC”), as provided at https://www.lsac.org/about/lsac-policies. Students removed from Services shall not be eligible for refunds or to purchase other Services.
You agree to pay in full by credit card, debit card, or other payment acceptable to the Company in its sole unfettered discretion for your purchases of the Company’s Services. In the event that you agree to pay for the Company’s Services in monthly instalments, as the Company may offer from time to time, you agree that you shall pay each instalment no later than the date it becomes due, you authorize all such charges, and agree that you shall adhere to the payment schedule exactly as set out in the payment schedule made available to you by the Company following your purchase.
In the event that you fail to complete timely payment or credit card payments have been declined, you agree the the Company shall have the right to discontinue its Services to you or terminate your access to its materials.
The Company is not responsible for the contents of any other website or any other online content-hosting platform (collectively, “Other Websites”) that it may link to, including, but not limited to through the use of hyperlinks. The inclusion of any such link shall not imply or constitute an endorsement by Company of the hosting site or any of its contents thereon. You understand and agree that by visiting the Website, you accept any and all risks arising from or related to the use of any and all Other Websites. You further agree to not hold the Company liable for any damages, losses, or claims whatsoever arising from the use of Other Websites.
If you submit to the Company comments, photos, videos, or any content to the Company (“User Content”) through social media platforms, surveys, email, or any other form whatsoever, you grant the Company an irrevocable, royalty-free, perpetual, transferable, licence to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User Content with your name and/or likeness. You are solely responsible for your User Content. You represent that you have the right to submit User Content to the Company and the right to grant the Company the license described above. You warrant that User Content, and the Company’s use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.
The Company may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the Terms of Service then in force and effect.
These Terms of Service are governed by and construed in accordance with the laws of the province of Ontario and you irrevocably submit to the exclusive jurisdiction of the courts in Ontario. Without limiting the forgoing, any claim or dispute arising out of, relating to or in connection with the Company, the Website, or the transactions contemplated herein shall be governed by and construed in accordance with the laws of the province of Ontario.
Unless otherwise specified, all references to currency, monetary values and dollars set forth herein shall mean United States (U.S.) dollars and all payments hereunder shall be made in United States dollars.
1. COLLECTION OF PERSONAL INFORMATION
Personal Information is information about you that identifies you as an individual, for example, your name, address, e-mail address, or telephone number.
We collect information that you voluntarily provide to us through responses to, including, but not limited to, surveys, search functions, questionnaires, feedback, placing orders, forms and the like. We may also ask you to provide additional information such as your e-mail address if you want to obtain additional services, information, participate in a contest or to resolve complaints or concerns.
2. HOW DOES COMPANY USE INFORMATION GATHERED ABOUT ONLINE VISITORS?
Before forwarding us any personal information, please be advised that any information gathered on our Sites may be used in the aggregate for research and development relating to our Sites and/or for future site development and, if you ask us to, to send you promotional materials. In particular, we may use information gathered about you for the following purposes: to monitor interest in our range of products and to assist us to tailor the content of our Sites to your needs by collecting information about your preferences through tracking of patterns page views on our Sites; to create a profile relating to you in order to show you the content that might be of interest to you and to display the content according to your preferences; and, in circumstances where you have indicated that you wish to receive additional information, to send you information about us and promotional material about our products together with details of any offers we may have available from time to time.
3. PROMOTIONAL AND INFORMATIONAL OFFERS
With the permission of an online visitor, information submitted at the time of registration or submission may be used for marketing and promotional purposes by the Company provided notice of this fact is made available online. If a visitor objects to such use for any reason, he/she may prevent that use by explicit e-mail request or by modifying the registration information provided. The Company uses reasonable efforts to maintain visitors’ information in a secure environment. If you have submitted personal information and want to change it or opt-out, please contact us directly.
4. DISCLOSURE OF INFORMATION
The Company, in common with many web site operators, may use standard technology called “cookies” on its Sites. Cookies are small data files that are downloaded onto your computer when you visit a particular web site. You can disable cookies by turning them off in your browser; however, some areas of the Sites may not function properly if you do so.
6. PROTECTION OF CHILDREN ONLINE
The Company considers the protection of children’s privacy, especially online, to be of the utmost importance. We do not knowingly collect or solicit personal information from children nor do we allow them to become registered users of, or to request information through, our Sites or help-seeking information lines.
7. ADDITIONAL TERMS FOR CERTAIN WEBSITES
The following additional information applies to our Sites that require registration. Generally, you are not required to provide personal information as a condition of using our Sites, except as may be necessary to provide you with a product or service that you have requested.
8. PROTECTION OF INFORMATION:
Our Commitment to Security
We have put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. The Company applies security safeguards appropriate to the sensitivity of the information, such as retaining information in secure facilities and making personal information accessible only to authorized employees on a need-to-know basis.
Storage of Information:
9. POLICY CHANGE: