Master Subscription Agreement for Bootcamp Prep LLC Services
THIS MASTER SUBSCRIPTION AGREEMENT (“AGREEMENT”) GOVERNS YOUR USE OF BOOTCAMP PREP LLC SERVICES.
IF YOU REGISTER FOR A FREE TRIAL OF BOOTCAMP PREP LLC SERVICES, THIS AGREEMENT ALSO GOVERNS THAT FREE TRIAL.
1. Agreement between user and Bootcamp Prep LLC
1.1 Welcome to www.DATBootcamp.com. The Bootcamp Prep LLC website (the “Site,” “Sites,” “associated Sites,” or “Bootcamp Prep LLC ” ) are comprised of various web pages operated by Bootcamp Prep LLC, which include (“Bootcamp Prep LLC “) www.DATBootcamp.com, and any other website or page owned by Bootcamp Prep LLC (collectively, the “Sites,” “Site,” “associated Sites,” or “Bootcamp Prep LLC ”). Bootcamp Prep LLC is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.DATBootcamp.com and Bootcamp Prep LLC’s Sites constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
1.2 Bootcamp Prep LLC and associated Sites are an E-Learning solution for Students.
2. Bootcamp Prep LLC Account Registration
2.1 You may register with Bootcamp Prep LLC (“Bootcamp Prep LLC Account”) in order to use Bootcamp Prep LLC ’s Services or Sites. You are required to provide accurate and complete information. If we cannot verify the accuracy of the information, we may prohibit or limit your use of Bootcamp Prep LLC ’s Sites, or eliminate your account. Bootcamp Prep LLC enables both business and individuals to register for a Bootcamp Prep LLC account.
2.2 With regard to businesses or other entities, you are only permitted to enroll and register on Bootcamp Prep LLC ’s Sites only if you have the authority to enter this agreement on behalf of the business. By accepting the terms of this Agreement, are agreeing on behalf of the business.
3. Customers’ Relationship with Bootcamp Prep LLC
Bootcamp Prep LLC provides resources for test preparation.
5. Electronic Communications
Visiting Bootcamp Prep LLC’s Sites or sending emails to Bootcamp Prep LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site or Sites, satisfy any legal requirement that such communications be in writing.
6. Your account
6.1 If you use these Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. Your account may not be shared with any other persons or entity, one account per user. You acknowledge that Bootcamp Prep LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Bootcamp Prep LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
6.2 Bootcamp Prep LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Service or Sites only with permission of a parent or guardian.
7. Free Trial
If You register on Bootcamp Prep LLC or associated Sites for a free trial, We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period or (b) the date that you decide to purchase the product. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
8. Paying Subscription
8.1 If you elect to pay for a Bootcamp Prep LLC subscription, you authorize Bootcamp Prep LLC to charge the stated fee among, and any applicable sales tax to the payment method that you provided at the time of purchase. The fee amount charged will be displayed when in conjunction with collecting billing and payment information on the website. In addition, if you elect automatic billing, you give Bootcamp Prep LLC the right to charge or bill the existing fee amount when your subscription term ends. The Subscription amount may be charged by Bootcamp Prep LLC for new Subscription Terms upon 30 days’ prior notice to you via email or posting on any of Bootcamp Prep LLC ’s Sites.
9. Cancellation/Refund Policy
9.1 You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered a cancellation, unless and until confirmed by Bootcamp Prep LLC.
9.2 If you cancel the service before the end of your current paid up contract, your cancellation will take effect immediately and you will not be charged again. However, You will be responsible for paying the full contract period in which the cancellation takes effect.
9.3 Bootcamp Prep LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Bootcamp Prep LLC service, for any reason at any time. Such termination of the Service will result in the deactivation or removal of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Bootcamp Prep LLC reserves the right to refuse service to anyone for any reason at any time.
9.4 Refund Policy – Bootcamp Prep LLC will refund your account within 7 days of your purchase date, send us a message through the blue button in the bottom-right of your logged-in account requesting to cancel your account. Accordingly, if you elect to cancel your access to the Service after 7 days, you will not receive a refund of the fees previously paid to Bootcamp Prep LLC.
10. Links to third party sites/Third party services
10.1 The Sites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Bootcamp Prep LLC and Bootcamp Prep LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bootcamp Prep LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bootcamp Prep LLC of the site or any association with its operators.
10.2 Third party sites and organizations deliver certain services made available via the Sites. By using any product, service or functionality originating from the www.DATBootcamp.com or associated Sites, you hereby acknowledge and consent that Bootcamp Prep LLC may share such information and data with any third party with whom Bootcamp Prep LLC has a contractual relationship to provide the requested product, service or functionality on behalf of Bootcamp Prep LLC users and customers.
11. Modifications to the Service and Prices
Bootcamp Prep LLC reserves the right to modify these terms of service, modify or discontinue the Service with or without notice. Prices of all services, including but not limited to monthly subscription plans to the Service, may be subject to change upon 30 days notice from us. Such notice may be provided in any manner at any time by posting to Bootcamp Prep LLC sites.
12. No unlawful or prohibited use/Intellectual Property
12.1 You are granted a non-exclusive, non-transferable, revocable license to access and use www.DATBootcamp.com and associated Sites strictly in accordance with this Agreement. As a condition of your use of the Site, you warrant to Bootcamp Prep LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
12.2 All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Bootcamp Prep LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
12.3 You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Bootcamp Prep LLC content and user accounts are not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Bootcamp Prep LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bootcamp Prep LLC or our licensors except as expressly authorized by these Terms.
13. Use of communication services
13.1 The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
13.2 By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
13.3 Bootcamp Prep LLC has no obligation to monitor the Communication Services. However, Bootcamp Prep LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Bootcamp Prep LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
13.4 Bootcamp Prep LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bootcamp Prep LLC ‘s sole discretion.
13.5 Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Bootcamp Prep LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Bootcamp Prep LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Bootcamp Prep LLC spokespersons, and their views do not necessarily reflect those of Bootcamp Prep LLC.
13.6 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
14. Materials provided to www.DATBootcamp.com or posted on any Bootcamp Prep LLC Site
14.1 Bootcamp Prep LLC does not claim ownership of the materials you provide to www.DATBootcamp.com (including feedback and suggestions) or post, upload, input or submit to any Bootcamp Prep LLC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Bootcamp Prep LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses.
14.2 By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
15. Third Party Accounts
You will be able to connect your Bootcamp Prep LLC account to third party accounts. By connecting your Bootcamp Prep LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
16. International Users
The Service is controlled, operated and administered by Bootcamp Prep LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Bootcamp Prep LLC Content accessed through www.DATBootcamp.com or associated Sites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Bootcamp Prep LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Sites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bootcamp Prep LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bootcamp Prep LLC in asserting any available defenses.
18. Liability disclaimer
18.1 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BOOTCAMP PREP LLC AND/OR ITS PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
18.2 BOOTCAMP PREP LLC AND/OR ITS PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BOOTCAMP PREP LLC, AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
19. Termination/access restriction
19.1 Bootcamp Prep LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. This Agreement shall be governed by, and construed in accordance with, the laws of the United States and the State of Florida (without giving effect to conflicts of law principles thereof). Any litigation arising out of or relating to this Agreement will be brought in the federal and state courts located in Orange County, Florida, and the parties hereby consent to the personal jurisdiction and venue therein.
19.2 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bootcamp Prep LLC as a result of this agreement or use of the Site. Bootcamp Prep LLC ‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bootcamp Prep LLC ‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bootcamp Prep LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
19.3 Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bootcamp Prep LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bootcamp Prep LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
20. Changes to Terms
Bootcamp Prep LLC reserves the right, in its sole discretion, to change the Terms under which www.DATBootcamp.com/ is offered. The most current version of the Terms will supersede all previous versions. Bootcamp Prep LLC encourages you to periodically review the Terms to stay informed of our updates.
21. General Terms and Conditions
21.1 Technical support is only available to paying users via email.
21.2 You understand that Bootcamp Prep LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
21.3 You are not permitted to change, modify, adapt, or hack the Service.
21.4 You may not sell, license, or distribute copies of the Software or as part of any collection, product, or service where the primary value of the product or service is the Software.
21.5 Bootcamp Prep LLC has the sole discretion to remove any content that we determine to be unlawful, offensive, threatening, libelous, or violates these terms of service.
21.6 You may not use Bootcamp Prep LLC to upload, post, transmit, unsolicited emails, SMS, or “spam” messages.
21.7 You may not use Bootcamp Prep LLC to transmit any software or viruses that are harmful to others computers.
21.8 If you significantly exceed the average bandwidth usage (as solely determined by Bootcamp Prep LLC) of other Bootcamp Prep LLC users, we reserve the right to disable your account and throttle bandwidth.
21.9 The failure of Bootcamp Prep LLC to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement. This Agreement expresses the entire understanding of the parties and supersedes all prior and contemporaneous agreements and undertakings of the parties with respect to the subject matter hereof. In the event any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision of this Agreement, and that provision will be replaced by an enforceable provision that most closely meets the commercial interest of the parties, or if not possible, the other provisions of the Agreement will remain in full force and effect as if such unenforceable provision were not a part hereof.
21.10 If you submit a testimonial to us using email or another communication software, then you agree that we may publish your testimonial, together with your name and any logo that you upload using the form, on this website, and on any successor website that we may operate from time to time, on such page and in such position as we may determine in our sole discretion. You may terminate this license by giving to us 30 days’ written notice of termination.
22. EXCLUSION OF DAMAGES
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA , EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LICENSOR OR ANY SUPPLIER, AND EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Bootcamp Prep LLC welcomes your questions or comments regarding the Terms:
Bootcamp Prep LLC
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Effective as of March 5, 2013