Acceptance of Terms of Use Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Site. Such access and all related hardware, software, and services costs are your sole responsibility and you hereby release ConnectPrep from any liability for any errors, failures or malfunctions of all such hardware, software and/or services. This Agreement also includes the ConnectPrep Privacy Policy. By accessing the Site or becoming a Client, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein. In addition, by accessing the Site or becoming a Client, you consent to have this Agreement provided to you in electronic form.

Before you may obtain services through this Website, you must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which includes by reference those terms and conditions expressly set out below.

By your use of this site you agree that:

1.You are at least eighteen years old, and

2.You have read, and fully understand and agree to abide by this Agreement and the documents it incorporates by reference,

3.You intend to form a legally binding contract by utilizing or viewing this site, and

4.YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.

If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or request our services through this Website.

Within ConnectPrep’s sole discretion these terms are subject to amendment, change, modification, revision, or termination at any time without advance notice to you. Any and all such changes shall be immediately effective at the time they are posted on the Site and it is your (the user’s) duty to maintain through the Site, your familiarity with these terms and conditions as they change over time.

Representations and Warranties

You hereby represent and warrant to Company that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19, or 21 years of age, depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile or residence, (iii) possess legal parental or guardian consent, or (iv) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Company is truthful, accurate, and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to Company or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products or services via the Site; (d) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Site, Content, or any part thereof; (e) you have provided and will maintain accurate and complete registration information with Company, including, without limitation, your legal name, email address, and any other information Company may reasonably require; (f) your access to and use of the Site or any part thereof, or purchase and use of any products or services, will not constitute a breach or violation of any other agreement, contract, terms of use, or any law or regulation to which you are subject; (g) you will immediately notify Company in the event that you learn or suspect that your registration information, username, or password has been disclosed or otherwise made known to any other person; and (h) if you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.

In the event that you post any User Content or provide any feedback via the Site, you hereby make the following additional representations and warranties to Company: (1) you are owner of such User Content or feedback or otherwise have the right to grant Company the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content or feedback and to grant the foregoing licenses or assignments; (3) the User Content or feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy, or publicity rights of any third party, and such User Content or feedback does not contain any personally identifiable information about third parties, in violation of such parties’ rights; (4) the use of any User Content or feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content or feedback is true and accurate.

CP Cancellation/Refund Policy

At ConnectPrep, we have a 24-hour cancellation policy: as long as you cancel 24 hours prior to the start of your scheduled session, there will be no charge. If you have to cancel within 24 hours of your scheduled session, you will be charged in full for that session. There is no refund for any pre-paid, scheduled session (single or package) that is canceled within 24 hours. For all pre-paid sessions (single or package), there are no refunds for any unused sessions. Such unused sessions expire 2 years after the date of the original package purchase. However, prior to expiration, any unused sessions may be transferred to a sibling or friend, or applied to any other ConnectPrep Program.

The tutor will wait 15 minutes for parent/guardian/chaperone and the Student to arrive at the tutoring location. If parent/guardian/chaperone and the Student do not arrive within the 15 minutes, you will be responsible for full payment of the session. If parent/guardian/chaperone and the Student arrive within the 15 minute time period, tutoring will be performed for the remainder of the scheduled session.

The CP Guarantee

We will make every effort to match Students with Instructors. We have confidence that you and your child will bond with your Instructor, but if you do need a different Instructor, we will find you another one — we won’t stop until you are satisfied!

ConnectPrep Student Assessments

ConnectPrep offers each child a pre-assessment, an individualized learning plan, and progress reports for our clients.

Disclaimer

We reserve the right to reschedule or cancel any class/session. Factors outside of ConnectPrep’s control may affect class/session schedules. In such events, we do our best to schedule a convenient make-up class/session; however, we cannot guarantee a make-up class/session will be scheduled or that the make-up will fit the schedule of every Student.

Non-Solicitation Agreement

Instructor acknowledges that Instructor’s direct or indirect participation in certain levels of activities which compete with the business of ConnectPrep after having been employed by or contracting with ConnectPrep will materially impair the business. Accordingly, during the term of Instructor’s employment or contract and for a period of two (2) years thereafter (the “Non-Competition Period”), Instructor shall not, directly or indirectly, whether as owner, partner, shareholder, director, investor, principal, or member, managerial or supervisory employee, or agent, or through any person or entity, have an ownership interest in, manage, or supervise a business that directly competes with ConnectPrep. If it is determined there is a breach of this Agreement by the Instructor, Instructor will be responsible for liquidated damages of two thousand five hundred dollars ($2,500.00) per Client or Student involved. This obligation shall survive the termination or expiration of this Agreement. Tutor may also not teach ConnectPrep proprietary test-prep or other material with other companies.

As a customer of ConnectPrep, you agree that you will not solicit for employment, hire, or engage an independent contractor, or permit any organization directly or indirectly controlled by you, to solicit for any person employed by ConnectPrep at any time during the term of ConnectPrep’s provision of services to you. Any additional services desired of a ConnectPrep employee may be requested through ConnectPrep. By signing this agreement you agree that any violations of this clause will result in a $2,500.00 administrative fee to be paid to ConnectPrep by you. Instructors contracted through ConnectPrep have agreed in writing that they are not allowed to accept direct employment or referrals from ConnectPrep Clients.

Copyright/Restrictions on Use of Material

The Site(s), the software used with the Site, and all content such as computer code, text, graphics, site-images, etc., along with the collection, arrangement, and assembly of such, are the exclusive intellectual property of ConnectPrep, or its affiliates, and is protected by both United States and international intellectual property laws; specifically, copyright, trademark/service mark, trade secret, trade dress, patent, and/or other proprietary rights and laws.

ConnectPrep grants to you only a limited, non-exclusive, non-transferable, non-assignable license to use the intellectual property on the Site solely for the purposes of viewing the Site. Except as expressly provided herein, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of ConnectPrep. You may not use a part of this Website on any other website, without ConnectPrep’s prior written consent. You may not sell, resell, de-compile, reverse engineer, disassemble, or otherwise translate any of the software portions of the Site or to a human-readable form. You may not copy, reproduce, republish, upload, post, transmit, or distribute materials from the Site or in any way except as authorized herein or thereon or by other prior written permission from ConnectPrep. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or, in whole or in part, nor use any content for any purpose other than that intended, unless previously authorized by us in writing. Any unauthorized use of any material contained in the Site is strictly prohibited.

ConnectPrep respects the intellectual property rights of others and expects our users to do the same. The policy of ConnectPrep is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@connectprep.com.

No Partnership or Agency

User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and ConnectPrep as a result of use of the Website.

CP Referral Rewards Program

ConnectPrep recognizes that an important source of new business is our satisfied customers. In recognition of this, we would like to reward those who refer new business our way. If a new Client is referred to us, and that Client signs up for at least one (1) tutoring session,

Trademarks

Trademarks Owner

ACT ACT is a registered trademark of ACT, Inc.

AP AP is a registered trademark of the College Entrance Examination Board

PSAT/NMSQT PSAT/NMSQT is a trademark jointly owned by the College Entrance Examination Board and the National Merit Scholarship Corporation

SAT SAT is a registered trademark of the College Entrance Examination Board

TOEFL TOEFL is a registered trademark of the Educational Testing Service

ADVANCED PLACEMENT Advanced Placement Program is a registered trademark of
PROGRAM the College Entrance Examination Board

COLLEGE BOARD College Board is a registered trademark of the College Entrance Examination Board

EDUCATIONAL TESTING Educational Testing Service, ETS, and the ETS logo are
SERVICE, ETS, and the ETS logo registered trademarks of the Educational Testing Service

ISEE ISEE® and the ISEE logo are registered trademarks of the Educational Records Bureau

SSAT SSAT and logo are registered trademarks of SSATB

SHSAT SHSAT and logo are registered trademarks of SHSAT

Test names and other trademarks are the property of the respective trademark holders. None of the trademark holders are affiliated with ConnectPrep or this website

All school logos are owned by their respective trademark holders and are not in any way affiliated with ConnectPrep

All trademarks, service marks, logos, or other corporate identifications (collectively “Marks”) on this Website are trademarks or service marks of ConnectPrep. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other website is strictly prohibited without prior written approval by ConnectPrep.

Disclaimer of Warranties and Limitation of Liability

CONNECTPREP SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, FOR EDUCATIONAL MATERIAL SOLD OR DISTRIBUTED ON THIS SITE OR AS CONTAINED IN SEMINARS OR EDUCATIONAL CLASSES PROVIDED AT THIRD-PARTY LOCATIONS WHETHER OR NOT CONNECTPREP HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.

ConnectPrep assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall ConnectPrep or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, or (ii) the performance or non-performance by ConnectPrep or any third party providers, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution, or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.

Indemnification

User agrees to indemnify and hold harmless, to the fullest extent allowed by law, ConnectPrep, at User’s sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys’ fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User’s negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.

COPPA Compliance

Clients and Instructors should monitor children’s use of the Internet. ConnectPrep will not knowingly collect any information directly from children under the age of 13. You must identify your age during the registration process. ConnectPrep takes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. We do not assume any responsibility for any misrepresentations regarding your age or parental consent when using its website. If we determine that you provided any false information to us when using the ConnectPrep website, your membership will be terminated immediately.

Arbitration: Governing Law; Jurisdiction; Arbitration and Venue

This Agreement is governed by the laws of the State of Connecticut, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Agreement. Any dispute under this Agreement that cannot be resolved amicably by the parties shall be referred to and resolved by arbitration, and pursuant to the requirements of this section. The arbitrator shall have at least five (5) years of experience in business disputes. The arbitration shall be conducted by a sole arbitrator in Hartford County, Connecticut. The arbitrator shall be appointed by agreement of the parties; in the event that the parties fail to agree upon the appointment of the arbitrator within thirty (30) days after a notice of arbitration is given by either party to the other, then the arbitrator shall be elected and appointed at the request of either party by the ASP. The decision of the arbitrator shall be final and binding on the parties. Judgment on the award or any other final or interim decision rendered by the tribunal may be entered, registered or filed for enforcement purposes in any court located in Hartford County, Connecticut and each party hereby submits itself to the jurisdiction of such courts. Either party may apply to the arbitrator to seek injunctive relief prior to when the award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under this Agreement, seek from any court located in the county where such arbitration shall be (or is being) conducted, any interim or provisional relief that is necessary to protect the rights of that party, pending the appointment of the arbitrator (or pending the arbitrator’s determination of the merits of the controversy).

Prohibited Use

The ConnectPrep website and related services may not be used by any person or organization to recruit, solicit, or contact in any form Clients or Instructors for employment or contracting for a business not affiliated with ConnectPrep without express written permission from ConnectPrep. Should ConnectPrep find that you violated the terms of this paragraph or any terms stated herein, ConnectPrep reserves the right, at its sole discretion, to immediately terminate your use of the website and/or assess a $10,000 daily penalty fee for scraping, either in a manual or automatic manner, Instructors or Client information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating website content, including but not limited to, use on a “mirrored,” competitive, or third party website.

Even though ConnectPrep cannot monitor the conduct of its users directly, it is also a violation of these Terms of Use to use any information obtained from the website or the Company in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.

In order to protect the integrity of the website and the Company, ConnectPrep reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the website.

ConnectPrep reserves the right, in its sole discretion, to terminate your access to all or part of the ConnectPrep website, to remove your profile and/or any content posted by or about you from the website, and/or to terminate services provided to you by ConnectPrep for any reason or no reason, with or without notice. Following any termination of any Clients/Instructors use of the website, ConnectPrep reserves the right to send a notice thereof to other users which whom you have corresponded.

You agree not to post on the Website any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets, or any right of privacy or publicity, or (d) otherwise violates any applicable law. You will not post on this Website any links to any external Internet sites that are obscene or pornographic. Any information that you provide to ConnectPrep must be true, complete, and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance, or regulation.

ConnectPrep prohibits you (nor cause any third party to) use the website or the Company to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights – such as rights of privacy of others) or any of the following types of activities, without limitation:

  • disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
  • transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;
  • that would constitute fraud;
  • transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • interfering with or disrupting the Site or the Service;
  • disrupting the activities or enjoyment of the Site or the Service for other users;
  • collecting or storing personal data about other users;
  • use of any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Site);
  • use of the Site to gain competitive intelligence about Company, the Site, or any product or service offered via the Site or to otherwise compete with Company or its affiliates;
  • framing or otherwise simulating the appearance or functions of the Site or any portion thereof; or
  • harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users.

You agree to abide by all applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, and are solely responsible for all acts or omissions taken by you (including actions that occur under your account or password, if any), including without limitation any of the User Content created or submitted by you.

Spamming

Gathering email addresses from ConnectPrep through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with ConnectPrep should be directed to: info@connectprep.com.

Links

This Website contains links to third party sites. User accesses these sites at User’s own risk; the Website is not responsible for the contents, changes, updates, or other links contained in a linked site. ConnectPrep provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by the Website or the URL of the site.

Any third party desiring to link to the Website must link to the Website’s homepage located at www.connectprep.com. No one may link to any other page of this Website without the prior written consent of ConnectPrep.

You may not link to this Website without ConnectPrep’s written permission. If you are interested in linking to this Website, please contact info@connectprep.com.

Changes to Our Policy

Our Terms of Use Policy is intended to provide you with the safest and most secure experience possible. Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Policy at any time without prior notice. If you have any questions, or would like further clarification, please e-mail us at terms@connectprep.com. Any changes in Company’s policies will be communicated on this page.

This Site is operated by ConnectPrep. All inquiries may be directed to:

ConnectPrep, LLC at 28 Grassy Plains Road Westport, CT 06880 terms@connectprep.com

Privacy Policy

ConnectPrep takes your privacy seriously, and we take strong measures to protect it. We may occasionally use your contact information to notify you of special offers and promotions and we honor email unsubscribe requests. We don’t share the information you have given us without your permission to do so.

ConnectPrep does not release personal information to third parties; however, ConnectPrep may infrequently, if at all, contact you via mail on behalf of another company that we feel provides beneficial services in the areas of education and college preparation.

Collected Information

We collect personal information from you when you purchase our products or services. ConnectPrep will only obtain information that we need in order to participate in the requested service (for example, your name and address) or pay for the product (credit card information). We use a secure server where all of the provided personal/credit information is transmitted via Secure Socket Layer (SSL) technology which is encrypted into our Payment gateway provider’s database. All personal information is kept confidential but please note that we cannot guarantee the information submitted to, maintained on, or transmitted from our systems will be completely secure. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

We may track data on our customers in aggregate form. Such aggregated data does not uniquely identify you.

We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to the ConnectPrep website in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please inquire with ConnectPrep.

Privacy Links

NAI Opt Out Page: www.networkadvertising.org/managing/opt_out.asp

FetchBack Opt Out Page: www.FetchBack.com/optout.html

Sharing of Information

We respect and protect the privacy of all user data. Personal information is never sold or disclosed without the explicit permission of the user. Each account is set-up to only share information to other parties at the sole discretion of the user. ConnectPrep does retain the right to distribute academic performance information if this information does not specifically identify any user.

Tracking Technologies/Cookies

We may use “cookies” to track how customers use our website. A cookie is a piece of software that a Web server can store on the customers’ PC and use to identify the customer should they visit the Site again. While not all of the information that we collect from customers is personally identifiable, it may be associated with personally identifiable information that customers provide us through our Site, Third Party Cookies. You may disable cookies by following directions provided by your Internet browser’s “help” directory.

The use of cookies by our partners, affiliates, tracking utility company, service providers is not covered by our privacy statement. We do not have access or control over these cookies. Our partners, affiliates, tracking utility company, service providers use session ID cookies to make it easier for you to navigate our site, in order for you to use the shopping cart, etc. Please see their privacy statements for their full disclosures.

Web Beacons

Our Web pages contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

Marketing Lists

We may periodically acquire lists of people who may have shown interest in our products and services through a third-party marketing list of suppliers. These lists are used for direct marketing promotions sent via mail or email. We strive to only use lists from suppliers who provide opt-in policies for third-party marketing, however, please note we are not responsible for the policies and actions of these suppliers. Our Clients may cancel the use of information provided to us for promotional material. A third-party marketing list supplier could still provide us with your name and address, in which a Client will still receive the promotional material sent by us to others on the supplier’s list.

Online Privacy Policy Only

Our online privacy policy is only applicable to information that is collected through our website, www.connectprep.com, and does not pertain to information collected offline.

Changes in Our Policy

At any time we reserve the right to change or remove this Privacy Policy at our discretion. Any changes to this policy will be posted here: http://www.connectprep.com/terms-and-conditions and we recommend visiting this page periodically to stay informed of any changes to our policy.

Compliance with State and Federal Laws

Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. ConnectPrep makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal and prohibited.

Disclaimer

Although ConnectPrep has made reasonable efforts to place accurate information on this Website, ConnectPrep assumes no responsibility for the accuracy of the information. ConnectPrep PROVIDES THIS WEBSITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY EDUCATIONAL MATERIAL, SEMINAR MATERIAL, OR ANY OTHER REFERENCE IS PROVIDED “AS IS” WHERE IS AND CONNECTPREP FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED ON TO MAKE BUSINESS OR OTHER DECISIONS CONNECTPREP DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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