ExamPrepHub ACT prep: All Visitors Terms of Service

Welcome to the ExamPrepHub.com and www.ExamPrepHub.com website (the “Site”). ExamPrepHub (“ExamPrepHub” 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 ExamPrepHub 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.

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

Use of Site

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

Without limiting the generality of the foregoing, your rights to use the ExamPrepHub 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 ExamPrepHub 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 and print one copy of any material you can access from the Site for your personal use only, provided that you do not distribute or 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 ExamPrepHub for your use of this Site.

Operation of the Website

ExamPrepHub 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, ExamPrepHub 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 adequate virus protection and all equipment necessary to access this Site.

Proprietary Rights

Unless otherwise indicated, all content on this Site, including ExamPrepHub’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 ExamPrepHub 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 ExamPrepHub 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. ExamPrepHub 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 ExamPrepHub of the linked site. IN NO EVENT WILL EXAMPREPHUB 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.

Children

In compliance with the Children’s Online Privacy Protection Act, ExamPrepHub 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, ACT COURSE MATERIAL, OTHER TEXT, GRAPHICS, VIDEO AND AUDIO CLIPS AND LINKS) ARE PROVIDED BY EXAMPREPHUB “AS IS.” EXAMPREPHUB 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 EXAMPREPHUB BELIEVES EXAMPREPHUB 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 EXAMPREPHUB 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.

ALL INFORMATION ACCESSIBLE ON OR VIA THE SITE TO BE ACCURATE AS OF THE TIME OF ITS PUBLICATION, EXAMPREPHUB CANNOT, AND DOES NOT, REPRESENT, GUARANTEE OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT, AND EXAMPREPHUB IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR RESULTS OBTAINED FROM USING SUCH INFORMATION.

Limitation of Liability

Test Scores

Any user of any ExamPrepHub Site test preparation product or service that does not directly pay ExamPrepHub for such use, including but not limited to any user using any ExamPrepHub Site product or service on an unpaid basis excluding any special agreement established between ExamPrepHub and their school system, must timely provide ExamPrepHub (either directly or through their school system, as applicable) with their actual test scores. All other users of the ExamPrepHub’s Site products or services may, but are not required to, provide ExamPrepHub with their actual test scores. In providing ExamPrepHub with your test score(s), you (i) represent and warrant that such test score(s) are accurate, (ii) agree that ExamPrepHub may use such test score(s) in any legally permissible manner (and in compliance with ExamPrepHub’s Site Products’ Privacy Policy), including but not limited to, in ExamPrepHub’s advertising and promotional efforts and/or in the further development of any ExamPrepHub 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 ExamPrepHub. ExamPrepHub 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 ExamPrepHub operations. Without limitation, ExamPrepHub will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. ExamPrepHub 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 ExamPrepHub 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 ExamPrepHub from time to time.

Usage of Statements and Images

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

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

Process to Access All Features

Some advertised features, for example the one on one tutoring 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@ExamPrepHub.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@ExamPrepHub.com with a 7-day notice period.

All Accounts

If you enroll in any of ExamPrepHub’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 ExamPrepHub. You are responsible for maintaining the confidentiality of your account and password and for restricting access to ExamPrepHub’s Site course material to anyone other than yourself. You agree to accept responsibility for all activities that occur under your account or password. ExamPrepHub 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 ExamPrepHub and govern your use of the Site, superseding any prior agreements between you and ExamPrepHub. This Site is owned and controlled by ExamPrepHub, Batesville, AR, U.S.A. As such, the substantive laws of the Arkansas 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 Arkansas, and you consent to the jurisdiction of such courts. The failure of ExamPrepHub 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.

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.

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. ExamPrepHub 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.

User Responsibility for Email Contact

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

By default, you will communicate with ExamPrepHub 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 ExamPrepHub emails with your email provider, which may include checking the spam folder or whitelisting the email address “support@ExamPrepHub.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.

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.

Trademarks

ExamPrepHub and the www.ExamPrepHub.com logo are registered trademarks of www.ExamPrepHub.com. Elements of this website are protected by trademark and other laws, and this website and its contents may not be copied or imitated in any way without the express written consent of www.ExamPrepHub.com

Copyright Statement

2021 www.ExamPrepHub.com All rights reserved. The contents of the www.ExamPrepHub.com or www.ExamPrepHub.com web pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by www.ExamPrepHub.com and contain www.ExamPrepHub.com name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring www.ExamPrepHub.com services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials for any other purposes.

End User Agreement / Terms of Service

Welcome to the ExamPrepHub.com website (the “Site”), (“ExamPrepHub” or “We”). By purchasing, using, and creating an account you agree to the terms below. Please read these Terms and Conditions of carefully before using, purchasing, or creating any account. By using this Site in any capacity, you agree to these Terms of Use. Group and One on One Tutoring packages are paid in full before a student can book a class.

ExamPrepHub offers access to our Teachers for 30 hours of live lectures (Group and One on One) and other materials for a duration of 3 months, for both One on One and Group courses. At the end of which time, a student should take the ACT exam for the most benefit of the preparation. If a student is unable to complete the coursework and take the ACT test after the 3-month duration, ExamPrepHub may extend access to unused live lecture hours and other materials for an additional 3 months. Provided that the student contacts ExamPrepHub to present details of why they cannot complete the course in 3 months at their earliest knowledge of a Life Event that would merit an extension. ExamPrepHub will evaluate and grant requests for extensions on a case by case basis and requires the Life Event that meets certain criteria.

Lateness and No-Show

ExamPrepHub 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 ExamPrepHub is late, the tutor will offer to make up the time at the end of the session. If the tutor is more than 10 minutes late, then you will receive tutoring for 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 a 60-minute make-up class.

Packages are offered in a Group setting, with 4 students pers session. Scheduled days/times for Group classes are set to allow more students to be commonly available. If a student misses a Group class or is more than 15 minutes late, the recorded lecture will be available in the Resource Library within 72 hours. Other assigned work will also be available but there is no make-up class for this type of absence.

We also offer One on One tutoring sessions. For One on One tutoring sessions, you will choose an acceptable time for your classes and teacher through the website. An Event will be scheduled when a student submits a request for a class through the website. A Zoom link will be utilized by teacher and student to access the virtual class. Once a tutoring time is scheduled, ExamPrepHub will send, via personal email or automated email, a message to you or your student with a link through Zoom. A student may cancel any confirmed session with no penalty up to 24 hours ahead of time by emailing your tutor's official ExamPrepHub.com email clearly stating your intent to cancel. If a student cancels a One on One session with 24 hour notice, the class may be rescheduled within 4 days without penalty. However, rescheduling classes cannot extend the duration of access to lectures or the materials beyond 3 months.

A student is considered late if he or she cannot reach ExamPrepHub 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 and your session will be cancelled. You will not be able to reschedule this session.

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 and the session will not be made up.

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 $50 change fee will apply.

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 confirmation by the cardholder, nor do bookings need to be reverse confirmed.

Changes to Terms of Use

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

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