Terms of Use

PrepMate – Terms of Use
 
PrepMate reserves the right to change these terms at any time, in its sole discretion, with or without notice.

PrepMate may modify or discontinue, temporarily or permanently, the website (www.PrepMate.com) or any part thereof and may remove content from the website, with or without notice to you.

PrepMate will not be liable to you or to any third party for any modification or discontinuance of the website or removal of content from the website.

You may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the website, use of the website, or access to the website.

Information provided by PrepMate is not warranted to be accurate or complete, and will not constitute a warranty or representation by PrepMate.

The website may provide links to other World Wide Web sites or resources. PrepMate has no control over or responsibility for such sites and resources. You agree that PrepMate is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Your dealings with other entities promoted on or through the website, including payment and delivery of related goods or Sites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other entity. You agree that PrepMate shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the website.

You acknowledge and agree that the website contains proprietary and confidential information that is protected by applicable intellectual property and other laws and, as between you and PrepMate, PrepMate shall own all right, title and interest in and to the website. The content contained in the information presented to you through the website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PrepMate in writing, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on the website in whole or in part. PrepMate and the PrepMate logo and other PrepMate product and service names are trademarks of HamaraGuide, Inc. (the “HamaraGuide Marks”). Without PrepMate’s prior permission, you agree not to display or use in any manner, the HamaraGuide Marks.

Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENTS PROVIDED ON THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PrepMate EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability: YOU AGREE THAT PrepMate SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PrepMate HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.

Copyright Infringement: PrepMate respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PrepMate’s Copyright Agent the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the website; (4) your address, telephone number, and email address; and (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

PrepMate’s copyright agent for notice of claims of copyright infringement on this Site is Shiv Venkatram who can be reached as follows: Shiv Venkatram, Copyright Agent of PrepMate, P.O.Box 1931, New York, NY 10156, USA.

General Information: The Terms constitute the entire agreement between you and PrepMate governing your use of the website, superceding any prior agreements between you and PrepMate. The Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and PrepMate agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York County, NY. The failure of PrepMate 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 the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of your rights or obligations under the Terms without PrepMate’s express written consent. The Terms inure to the benefit of PrepMate’s successors, assigns and licensees.

Copyright Statement

All web pages, sample tests, practice tests and review tests of PrepMate are protected by copyright. Duplication or further transmission of information contained at this site and publications for reasons besides personal use requires the express prior written permission of PrepMate.

Refund Policy:

Full refund will be given if the packet / product is returned UNOPENED within 10 calendar days of purchase. No refunds will be given after 10 days.

If a sign-up is cancelled before the end of the term, PrepMate will charge as follows for each practice test sent till then and refund the balance if any:

● Grades 3-4-5 – ELA/Math – $5 per test.

● SHSAT – $12 per test.

PrepMate will replace any tests with errors, spelling/grammatical mistakes if reported within 14 days of receiving the test. No refunds will be given.

Eligible refunds, if any, will be given only by check within 30 days after receiving a written request for eligible refund as above.

General Terms of PrepMate and Disclaimer

By purchasing or using PrepMate Practice Tests, Review Tests, Sample tests or any other products or services of PrepMate, the user / customer agree to be bound by the terms of this document.

Although prepared by knowledgeable educators, PrepMate practice tests, review tests and other products & services should not be utilized as a substitute for classroom instructions or a person’s own work. These materials should be used to supplement a student’s education and preparation in connection with school-wide testing.

The authors, editors, and publishers specifically disclaim any liability, loss, or risk incurred as a result of the use and application, either directly or indirectly, from any advice, information, questions, and materials.

PrepMate/HamaraGuide reserves the right to conduct business with only those parties that they deem fit and to refuse service to anyone for rude and obnoxious behavior, misrepresentations of any kind, violations of general internet policies such as spam and/or continual customer complaints for products and/or services offered.

Additionally, PrepMate/HamaraGuide retains their right to delete or omit any or all information maintained on its servers, web sites and web serving equipment.

The information provided on all PrepMate/HamaraGuide and related domains is “as is” with all faults and without warranty or guarantees of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice.

PrepMate/HamaraGuide makes no warranties or representations regarding the accuracy or completeness or the validity of any of the information contained anywhere in any of our online servers, web sites and domains, including those domain names controlled by others and housed on our serving equipment or housed on third party internet web servers.

The buyer / user clearly understand that PrepMate / HamaraGuide is NOT offering any guarantee or warranty that PrepMate Practice Tests and other products will be error-free or useful.

PrepMate will not be liable for any consequential loss or damage caused by late publication or late delivery/dispatch or failure to send the practice tests..

PrepMate / HamaraGuide does not guarantee or warranty, either implicitly or explicitly, that their products / services will be error-free or get a pass/promotion in tests or increase in test scores.

In addition, Announcer and the artist represent that the announcer’s announcements and collateral information do not violate any applicable local, state or federal law or regulation. Announcer acknowledges and assures that the announcement does not promote or announce any unlawful product / service / event / information.

Limitation of Liability: In the event PrepMate / HamaraGuide fails to publish or make available a product / service, or if there are any errors in the products, the sole liability PrepMate / HamaraGuide to the buyer shall be limited to, at PrepMate’s sole discretion, a pro rata refund of the price or replacement of the product / defective part of the product at a later time. In addition, PrepMate is not responsible for the quality and/or clarity of the content, color or appearance of the products.

UNDER NO CIRCUMSTANCES WILL PREPMATE / HAMARAGUIDE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATON, FOR LOST INCOME OR PROFITS OR REPUTATION, FAILURE IN TESTS, LACK OF PERFORMANCE OR LACK OF SCORES IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF PREPMATE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

PrepMate cannot be held liable for any delays in production or delivery or postage for any reason, including but not limited to due to an Act of God, action by government, system failures, telecommunication failures, electrical failures, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal or illegal or transportation interruption, unavailability of material or supplies.

Choice of Law and Forum: This contract shall be interpreted and construed in accordance with the laws of New York, USA. Each party hereby consents to the exclusive personal jurisdiction of New York, acknowledges that venue is proper only in any state or Federal court in New York, agrees that any action related to this contract must be brought in a state or Federal court in New York, and waives any objection that may exist, now or in the future, with respect to any of the foregoing.

Miscellaneous: No public statements concerning the existence or terms of this contract will be made or released to any medium except with the prior approval of both parties or as required by law.