Terms of use for Prepforest.com

Effective Date: 11/16/2023

Notice: Please thoroughly review this agreement as it encompasses significant information pertaining to your legal rights, recourses, and responsibilities, including various limitations and exclusions, and a dispute resolution clause that dictates the adjudication of disputes. For instance, the arbitration section below includes an arbitration agreement and class action waiver, mandating that parties engage in arbitration in lieu of court proceedings before a judge and jury. Further, said arbitration claims must be pursued individually and not as a plaintiff, class representative, member, or in any representative capacity on behalf of others in any alleged class, collective, or representative action.

Electronic agreement: This agreement constitutes an electronic contract delineating the legally binding terms governing your utilization of the website and the service. prepforest.com reserves the right to modify this agreement periodically, with such modifications taking effect upon publication by prepforest.com on the website. By accessing and/or utilizing the website or becoming a subscriber, you acknowledge and accept this agreement, thereby consenting to the stipulations, conditions, and notifications contained or referenced herein.

1. Acceptance of Terms

By accessing or using the Platform, you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use the Platform.

2. Use of the Platform

2.1. Eligibility: You must be at least 18 years old or have the consent of a parent or legal guardian to use the Platform. By utilizing the Website, you affirm and guarantee that: (a) all information you provide is accurate and truthful; (b) you will ensure the ongoing accuracy of such information; (c) you are 18 years of age or older or have the consent of a parent or legal guardian (d) your utilization of the Website complies with all relevant laws, rules, and regulations; (e) you possess the necessary right, authority, and capacity to enter into this Agreement; (f) you are situated within the U.S. or located outside the EU, consenting to be bound by U.S. laws; and (g) you commit to adhering to all terms and conditions outlined in this Agreement. The use of and access to the Website is prohibited where void.

2.2. Registration: To access certain features of the Platform, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.3. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately if you become aware of any unauthorized use of your account.

3. Content

3.1. Platform Content/PROPRIETARY RIGHTS AGREEMENT

Ownership and Rights: Prepforest.com asserts and retains all proprietary rights concerning the Website and the Service. The Website incorporates copyrighted material, trademarks, and other proprietary information owned by Prepforest.com and its licensors. Without express written permission, you are strictly prohibited from copying, modifying, publishing, transmitting, distributing, performing, displaying, or selling any such proprietary information. All content on Prepforest.com is proprietary.

Copyrighted Material: The Content (as defined below) on Prepforest.com is copyrighted material intended solely for use by Prepforest.com Members/Subscribers. Unauthorized distribution of Content to third parties is strictly prohibited. Any violation or threatened violation of this section is deemed to cause irreparable harm to Prepforest.com, entitling Prepforest.com to injunctive relief without the necessity of posting bond, in addition to any other available rights or remedies.

Development of Materials: The materials used in practice questions have been developed by the employees of Prepforest.com based on readily available public information and their own creative thinking. Trademarks such as ITBS® – Iowa Tests of Basic Skills®, Cognitive Abilities Test® (CogAT®), Canadian Cognitive Abilities Test™ (CCAT™), Cognitive Abilities Test®NNAT®/Naglieri®, used in practice questions, are the trademarks of their respective publishers or licensors (“Publishers”). The material in practice questions has not been approved by the Publishers, and the concepts and activities therein are not identical to questions on the actual tests.

Affiliation Disclaimer: Prepforest.com is not affiliated with or related to the respective Publishers of these tests. The Publishers do not sponsor or endorse any Prepforest.com product. Prepforest.com products or services have not been reviewed, certified, or approved by the Publishers. Trademarks referring to specific test providers are used by Prepforest.com for nominative purposes only and remain the sole property of their respective owners.

Protected Content: You hereby acknowledge that Prepforest.com encompasses information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, practice test questions, drawings, articles, and other materials (collectively, “Content”) that are safeguarded by copyrights, patents, trademarks, trade secrets, and/or other proprietary rights. These rights are valid and preserved in all forms, media, and technologies existing now or developed hereafter. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and Prepforest.com retains a copyright in the selection, coordination, arrangement, and enhancement of such Content.

Trademark Rights: All trademarks visible on this Website are the trademarks of their respective owners.

Prohibited Actions: You are expressly prohibited from modifying, publishing, transmitting, distributing, performing, participating in the transfer or sale, creating derivative works of, or in any way exploiting any portion of the Content, whether in whole or in part. Upon downloading Content to your computer, you do not acquire any ownership interest in said Content.

Strict Prohibitions: Modification of the Content or its use for any other purpose, including but not limited to, incorporation into printed materials or on any other website or networked computer environment, is strictly forbidden unless prior written consent is obtained from Prepforest.com.

3.2. User Content: By submitting any content to the Platform, you grant PrepForest a non-exclusive, royalty-free, worldwide, perpetual license to use, display, reproduce, and distribute such content.

4. Prohibited Conduct

You agree not to:

4.1. Use the Platform for any unlawful purpose.

4.2. Impersonate any person or entity.

4.3. Engage in any conduct that restricts or inhibits any other user from using the Platform.

4.4. Use the Platform to distribute unsolicited promotional or commercial content.

5. Payment and Refund Policy

5.1. Membership/Subscription

Free Membership: You have the option to enroll as a free Member of the Service without incurring any charges. As a free Member, you are granted access to certain features and services available within the Service, though not an exhaustive list.

Paid Subscription Requirement: To unlock additional paid features and services, such as access to practice questions you are required to subscribe to the Service by becoming a paying member. It is imperative to recognize that the subscription policies, clearly communicated during the subscription process, are hereby incorporated by reference and constitute an integral part of this Agreement.

Tax Responsibility: Regardless of any provision herein, you bear exclusive responsibility for all taxes associated with your utilization of the Website and/or Service.

5.2. Cancellation of Subscription: You may cancel your subscription at any time by initiating a cancellation request through the user account settings on the PrepForest Platform. There is no set expiration date for the subscription, and you will have access to the subscribed features until the end of the billing period.

5.3. Termination and Refund Policy:

PrepForest reserves the right to terminate or suspend your account and access to the Platform at our sole discretion, without notice, for conduct that we believe violates these Terms of Use or is harmful to other users. Refund requests must be submitted within 24 hours of purchase. Refunds will be issued at the sole discretion of PrepForest.

Refund Exclusion: In the event of termination or cancellation of your membership/subscription, you shall not be entitled to any refund of unused subscription fees.

Sole Discretion of Termination: Decisions pertaining to the termination of accounts rest solely within the discretion of PrepForest.com. PrepForest.com reserves the right to terminate your membership and/or subscription without prior notice.

Notice Exemption: PrepForest.com is under no obligation to provide advance notice before terminating your membership and/or subscription. Furthermore, PrepForest.com may, in its discretion, refrain from disclosing the reason for such termination, which may be legally prohibited.

Post-Termination Agreement Validity: The termination of your membership or subscription does not nullify the continued applicability of this Agreement. All provisions inherently capable of surviving termination shall be deemed to endure beyond such termination.

6. Non-Commercial use by subscribers/members

Scope of Use: The Website, inclusive of the accessible Content, is designated for the exclusive personal use of individual Members. It is expressly prohibited for organizations, companies, and/or businesses to become Members or employ the Service or the Website and Content for any commercial purpose.

Prohibited Activities: Unauthorized and/or unlawful activities on the Website encompass, but are not limited to, the following: gathering usernames and/or email addresses of members through electronic or alternative means for unsolicited email transmission, unauthorized framing or linking to the Website, sharing or disclosing any Content, including your username or password, with any third party or allowing third-party access to your account, attempting to assume the identity of another user or person, employing the Website in a fraudulent or deceptive manner, implementing automated systems such as scraping tools, scripts, spiders, robots, crawlers, or data mining tools, interfering with, disrupting, or imposing an undue burden on the Website or associated networks or services, and employing the Website and/or Content in a manner inconsistent with applicable laws and regulations.

Investigation and Legal Action: Any illegal and/or unauthorized use of the Website (including Content) may be subject to investigation, leading to the initiation of appropriate legal action, encompassing civil, criminal, and injunctive remedies.

Permission Revocation: The utilization of the Website, Service, and Content is contingent upon the permission of PrepForest.com, which retains the authority to revoke such permission at its discretion, and at any time, for any reason.

7. Use of Personal Information

7.1. Collection and Use: By using the PrepForest Platform, you acknowledge and agree to the collection, processing, and use of your personal information in accordance with our Privacy Policy.

7.2. Marketing Communications: PrepForest may use your personal information, including email address, to send you marketing communications about our products, services, promotions, and updates. You have the option to opt-out of receiving such communications.

7.3. Third-Party Marketing: PrepForest may share your non-personal and aggregated information with third-party partners for marketing, advertising, or other business purposes.

8. Disclaimer of Warranty

8.1. The Platform is provided “as is” without warranties of any kind, either expressed or implied. PrepForest does not warrant the accuracy or completeness of any content on the Platform.

9. Security of Personal Information

9.1. PrepForest takes reasonable measures to protect the security and confidentiality of your personal information. However, no method of transmission over the internet or electronic storage is completely secure.

10. End of Subscription and Account Holder Responsibilities

10.1. End of Subscription Term: Once the term of a subscription ends, PrepForest may delete data relating to an account in accordance with this Agreement and the Privacy Policy.

10.2. Data Retrieval Responsibility: It is the account-holder’s sole responsibility to download and export information relating to the account, which is available on the PrepForest Platform.

10.3. Account Renewal: For accounts that do not automatically renew, it is the account-holder’s responsibility to request renewal to maintain continued access to the account and its associated data.

11. Dispute Resolution

11.1. Any dispute arising out of or in connection with this Agreement, including disputes related to the use of the PrepForest Platform, shall be resolved through arbitration in accordance with the rules of [Arbitration Service Provider].

12. Miscellaneous

12.1. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

These Terms of Use, including any additional agreements referenced herein, constitute the entire agreement between you and PrepForest concerning the use of the Platform. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by PrepForest.

If you have any questions or concerns regarding these Terms of Use, please contact us at [Your Contact Email].

Thank you for using PrepForest!