Overview
Welcome to CaddellPrep.com, a for-profit educational website belonging to and managed by Caddell Prep Inc. CaddellPrep.com offers an online subscription service, providing our members with access to educational videos, quizzes, practice tests and other forms of media relating to education and test preparation streaming over the Internet to certain Internet-connected TV’s, computers and other devices. The following terms and conditions govern your use of our service.
These Terms of Use provide that all disputes between you and Caddell Prep Inc. or CaddellPrep.com be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with CaddellPrep.com or Caddell Prep Inc.
These Terms of Use are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works.
In-Person classes can be purchased from Caddell Prep LLC on this site, CaddellPrep.com, also. All in-person class purchases are final. No refunds are allowed within 2 months of the class. Requests for refunds prior to the start of the class will be provided, less $100.
Acceptance of Terms of Use
These Terms of Use, which include our Privacy Policy and End User License Agreement (“EULA”) govern your use of the CaddellPrep.com service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith (the “CaddellPrep.com service” or “service”). By using, visiting, or browsing the CaddellPrep.com service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the CaddellPrep.com service, including our website and user interfaces.
These Terms of Use govern your use of the CaddellPrep.com service and you should read them carefully. The CaddellPrep.com service is provided by Caddell Prep Inc.
Changes to Terms of Use
CaddellPrep.com reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy and EULA, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on “Terms of Use” located at the bottom of the pages of the CaddellPrep.com website. The most current version of the Terms of Use will supersede all previous versions. We will endeavor to post prior version(s) on our website when the Terms of Use are updated. You can see changes from previous versions of the Terms of Use that we have posted by visiting our website and clicking here.
Privacy and Communications Preferences
Any personally identifying information submitted through the CaddellPrep.com service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By using our service, you are consenting to receive certain communications from us. For example, CaddellPrep.com may send you newsletters about new CaddellPrep.com features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications from us, simply use your account name and password to access the “Email preferences” link on the “Your Account” page and uncheck those items to unsubscribe or click on the unsubscribe link in our email communications. Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there.
By using the CaddellPrep.com service, you consent to receive electronic communications from CaddellPrep.com. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails, and other transactional information) and information concerning or related to our service. These communications are part of your relationship with CaddellPrep.com and you receive them as part of the CaddellPrep.com membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Membership and Billing
You can find the specific details regarding your membership with CaddellPrep.com at any time by visiting our website and clicking on the “My Account” link.
• Free Trials
Your CaddellPrep.com membership may start with a free trial. The free trial period of your membership lasts for one month or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”), to use our service. If you or another member of your household has been a CaddellPrep.com member within the last 12 months, or if your Payment Method, physical address or email address have been associated with a CaddellPrep.com membership, or if you are streaming from a Caddell Prep Online ready device that has been previously activated on a different CaddellPrep.com account, you are not eligible to receive a free trial.
We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the “Membership Terms and Details” link on the “My Account” page. Your Payment Method will be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE “MY ACCOUNT” LINK AT THE TOP OF ANY CADDELLPREP.COM WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. You may cancel your membership at any time; however, there are no refunds or credits for partially used periods.
We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See “Billing” below).
• Billing
By starting your CaddellPrep.com membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the CaddellPrep.com service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit our website and click on the “Membership Terms and Details” link on the “Your Account” page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your CaddellPrep.com membership or became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.
If you are eligible and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits and the decision to provide them are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Methods, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the CaddellPrep.com website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
• Ongoing Membership
Your CaddellPrep.com membership, which may start with a free trial portion, will continue month- to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
• Cancellation
You may cancel your CaddellPrep.com membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED LESSONS OR UNFINISHED TUTORIALS. To cancel, visit our website and click on “Subscriptions” on the “My Account” page and follow the instructions for cancellation under the heading “Cancel Membership.”
• 100% Money Back Guarantee
For SHSAT prep, TACHS prep, and Regents Prep, we will base your improvement on our diagnostic test and our last practice test offered in the course. For SAT prep, we will base your improvement on your most recent official SAT score before starting our SAT prep and your official SAT score after finishing our SAT prep. Members must have completed our associated prep course to be eligible for a refund.
Refunds will be paid out as follows:
- For paid in full memberships or memberships in which the member pays for access to a single course, the payment will be repaid in full.
- For monthly memberships, refunds will be given for each month that the member has completed a lesson, practice set or part of a practice test from the course associated with the specific test. This is because members with monthly memberships have access to all lessons and courses. For example, if the member paid $19.95 per month for three months and did not improve on the SHSAT, but did not do any work in the SHSAT prep course during the second month, the member would be refunded $39.90 for two months.
Note: You cannot be refunded for more than you pay. If you pay for a monthly membership and are preparing for more than one test concurrently, you will only be refunded up to your payment each month.
We will always try to be fair with refunds.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
How Our Streaming Service Works
CaddellPrep.com offers an online subscription service, providing our members with access to educational videos, quizzes, practice tests and other forms of media relating to education and test preparation streaming over the Internet to certain Internet-connected TV’s, computers and other devices. The following terms and conditions govern your use of our service. These devices are manufactured and sold by entities other than CaddellPrep.com.
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
Availability. The availability of educational media will change from time to time, and from country to country. The quality of the display of the streaming educational media may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. CaddellPrep.com streams a little bit of data as a buffer each time you start a movie or TV show. Frequently starting and stopping media will result in a minor increase to the amount of data CaddellPrep.com streams to you per hour. In most cases, this will be less than a few minutes worth. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. CaddellPrep.com makes no representations or warranties about the quality of your instant watching experience on your display. You may change the video quality of your instant watching experience by going into the “Your Account” link on the website.
Start Time: The time it takes to begin watching our educational media instantly will vary based on a number of factors, including your location, available bandwidth at the time, the media you have selected and the configuration of your CaddellPrep.com ready device.
Personal Computer Requirements and Device Limitations: To enjoy watching instantly via your personal computer, your equipment must satisfy certain system requirements. YOU MAY INSTANTLY WATCH ON UP TO SIX UNIQUE AUTHORIZED CADDELLPREP.COM READY DEVICES. YOU WILL BE ALLOWED TO INSTANTLY WATCH SIMULTANEOUSLY ON TWO SUCH DEVICES AT ANY GIVEN TIME. For certain membership plans, you may instantly watch simultaneously on additional CaddellPrep.com ready devices within your household. Go to “My Account” page on the CaddellPrep.com website to view the number of devices on which you may simultaneously view movies & TV shows that are associated with your plan. The number of devices and concurrent streams may change without notice to you. For certain limited membership plans in the United States, your available CaddellPrep.com ready device may be limited to personal computers.
Geographic Limitation: You may instantly watch a movie or TV show through the CaddellPrep.com service only in geographic locations where we offer our service and have licensed such movie or TV show. The content that may be available to watch will vary by geographic location. CaddellPrep.com will use technologies to verify your geographic location.
CaddellPrep.com streaming software: CaddellPrep.com streaming software is developed by, or for, CaddellPrep.com and is designed to enable instant streaming of content from CaddellPrep.com through CaddellPrep.comready devices. This software may vary by device and medium, and functionalities may also differ between devices. For example, this software may be embedded in a CaddellPrep.com ready device or we may offer this software to be downloaded onto a device such as the Apple iPad, or the software may also be available on an optical media disc to be inserted into disc drives of certain devices. This software is licensed to you by Caddell Prep Online pursuant to these Terms of Use and solely for the purpose of using the Caddell Prep Online service and for no other purpose whatsoever. WE DO NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and Caddell Prep Online reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Caddell Prep Online service through such software at any time, without prior or any notice.
END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE CADDELL PREP ONLINE SOFTWARE END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE CADDELL PREP ONLINE AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.
We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. In addition, Caddell Prep Online ready devices are manufactured and sold by entities other than Caddell Prep Online. A CaddellPrep.com ready device is any electronic equipment that is authorized to decode and capable of decoding movies & TV shows that are transmitted over the Internet by CaddellPrep.com. These devices may include mobile devices, stand-alone set-top boxes, Internet-connected Blu-ray DVD players, Internet-connected HDTVs, and game consoles. AS SUCH, WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the CaddellPrep.com service. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.
In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all movies &TV shows may not be watched, or may cease to be available for watching instantly, through our service on some Caddell Prep Online ready devices.
Features & Functionality
• Passwords
The member who created the Caddell Prep Online account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Caddell Prep Online account. The Account Owner’s control is exercised through the use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Caddell Prep Online Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account.
BY SHARING THE CADDELL PREP ONLINE SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
Account Access; Identity Protection
In order to provide you with ease of access to your account and to help administer the Caddell Prep Online service, Caddell Prep Online implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Caddell Prep Online service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Caddell Prep Online ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a Caddell Prep Online ready device, you should log out and/or deactivate the device before doing so. Similarly, if your Caddell Prep Online ready device is lost or stolen, please deactivate the Caddell Prep Online ready device. If you fail to log out or deactivate your device, subsequent users may access the Caddell Prep Online service through your account and may be able to access certain of your account information. To deactivate a device, go to Manage Caddell Prep Online ready devices and computers.
If you find that you’re a victim of identity theft and it involves a Caddell Prep Online account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Caddell Prep Online website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Caddell Prep Online reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Caddell Prep Online is not obligated to credit or discount a membership for holds placed on the account by either a representative of Caddell Prep Online or by the automated processes of Caddell Prep Online.
Disclaimers of Warranties and Limitations on Liability
THE CADDELL PREP ONLINE SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE CADDELL PREP ONLINE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE CADDELL PREP ONLINE SERVICE, OUR WEBSITE, AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. CADDELL PREP ONLINE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CADDELL PREP ONLINE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT CADDELL PREP ONLINE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE CADDELL PREP ONLINE SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. CADDELL PREP ONLINE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, CADDELL PREP ONLINE READY DEVICES, AND CADDELL PREP ONLINE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Caddell Prep Online service or on the Caddell Prep Online website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Caddell Prep Online service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Caddell Prep Online website, user interfaces, or otherwise through the Caddell Prep Online service; and (vii) any losses or damages arising from the use of the content provided on the Caddell Prep Online website, user interfaces, or otherwise through the Caddell Prep Online service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the Caddell Prep Online service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies &TV shows from the Caddell Prep Online service or the descriptions of any movie or TV show content contained on our website and user interfaces. We do not represent or guarantee that your use of the Caddell Prep Online service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Caddell Prep Online or its affiliated parties.
IN NO EVENT SHALL CADDELL PREP ONLINE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CADDELL PREP ONLINE SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE CADDELL PREP ONLINE SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE CADDELL PREP ONLINE SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH’S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR THE EULA, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
CADDELL PREP ONLINE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING CADDELL PREP ONLINE READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third-party software end user license agreements you may have agreed to in order to access our service. Click here to view the Caddell Prep Online End User License Agreement.
There are no guarantees that the use of our website or service will improve grades, test performance, etc.
Intellectual Property
• Copyright
The Caddell Prep Online service, including all content included on the Caddell Prep Online website and user interfaces, or delivered to members as part of the service, including, but not limited to, movies & TV shows you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Caddell Prep Online or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Caddell Prep Online on our website and user interfaces, or in connection with the Caddell Prep Online service are the exclusive property of Caddell Prep Online and its licensors and are protected by the copyright and trade secret laws in the territories in which the Caddell Prep Online service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Caddell Prep Online or its licensors. You agree to adhere to the restrictions set forth under “Caddell Prep Online streaming software” and “Limitations on Use.” You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Caddell Prep Online service, not to insert any code or product or manipulate the content of the Caddell Prep Online service in any way, and not to use any data mining, data gathering or extraction method. Caddell Prep Online reserves the right to terminate your membership hereunder if Caddell Prep Online, in its sole and absolute discretion, believes that you are in violation of Caddell Prep Online software restrictions, restrictions against copying movies & TV shows provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of Caddell Prep Online and its licensors. Caddell Prep Online does not promote, foster or condone the copying of movies &TV shows or any other infringing activity. The use of the Caddell Prep Online service, including movies &TV shows made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the Caddell Prep Online service, including any on the Caddell Prep Online website and user interfaces.
• Trademarks
Caddell Prep Online is a registered trademark of Caddell Prep Online. The Caddell Prep Online logo, Caddell Prep Online.com, Profiles, and CineMatch are trademarks or service marks of Caddell Prep Online. The Caddell Prep Online website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Caddell Prep Online, Inc. The trademarks, service marks and trade dress of Caddell Prep Online may not be used or reproduced without prior written approval from Caddell Prep Online and may not be used in connection with any product or service that is not affiliated with Caddell Prep Online, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Caddell Prep Online, or in any manner that disparages or discredits Caddell Prep Online. Other trademarks that appear on the Caddell Prep Online website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Caddell Prep Online. Any images of persons or personalities contained on the Caddell Prep Online website and user interfaces are not an indication or endorsement of Caddell Prep Online or any particular product or our service unless otherwise indicated.
Use of Information Submitted
Caddell Prep Online is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Caddell Prep Online service, including the Caddell Prep Online website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Caddell Prep Online service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Caddell Prep Online does not accept unsolicited materials or ideas for use or publication and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Caddell Prep Online. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Caddell Prep Online and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Service Testing
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of movies &TV shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Customer Service
If you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on reaching a live Customer Service representative.
In certain instances, Customer Service may best be able to assist you by using a remote access support tool, which will enable us to interact directly with your account. We provide such support service only with your permission and in your presence (via phone and Internet connection). During the time we are providing you with remote access support service, we have full access to your desktop. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will do our best to assist you through other means. The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service, including any remote desktop access tool. We may utilize the services of third parties in providing you customer service support.
Your Conduct in Accessing the Caddell Prep Online Service
By accessing the Caddell Prep Online service, including the Caddell Prep Online website and user interfaces, you agree to use the Caddell Prep Online service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Caddell Prep Online service. You also agree not to impersonate any other person while using the Caddell Prep Online service, conduct yourself in a vulgar or offensive manner while using the Caddell Prep Online service, or use the Caddell Prep Online service for any unlawful purpose.
You agree that all of the foregoing restrictions apply not only to the Caddell Prep Online service but also to the servers and networks connected to any portions of the Caddell Prep Online service whether operated by Caddell Prep Online or third parties (“Networks”). You agree not to interfere with Networks, violate any of the procedures, policies or regulations applicable to Networks, use Networks in a way that harms or impairs anyone else’s use of Networks, use Networks to gain unauthorized access to any service, data, account or other networks, use Networks to falsify any protocol or email header information (e.g., “spoofing”), use Networks to send “spam” (i.e., unsolicited bulk email or commercial messages) or items of a destructive or deceptive nature, or remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into Networks.
Limitations on Use
You must be 18 years of age or older to become a member of the Caddell Prep Online service. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use. Unless otherwise specified, the Caddell Prep Online service and any content viewed through our service are for your personal and non-commercial use only and we grant you a limited, non-exclusive, non-transferable, license to access the Caddell Prep Online service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Caddell Prep Online service, without our express written consent. Caddell Prep Online does not promote, foster or condone the copying of movies & TV Shows, digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Caddell Prep Online service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Caddell Prep Online without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the Caddell Prep Online name or trademarks without our express written consent. Any unauthorized use of the Caddell Prep Online service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.
Links and Pages
Some of the hyperlinks on the Caddell Prep Online website may lead to other websites or other contents that are not controlled by, or affiliated with, Caddell Prep LLC. In addition, other websites may link to the Caddell Prep Online website or Caddell Prep Online may include links to the websites of businesses, including those that have associations with us through certain programs. For example, Caddell Prep Online may include pages that display and provide information on Applications, Caddell Prep Online ready devices or other products. These pages may provide links to third party sites where Caddell Prep Online members may obtain or purchase such Applications and devices. Caddell Prep Online has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that Caddell Prep Online is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. These linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. You should also refer to the section of these terms titled “Applications” and “How Our Streaming Service Work.”
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and shall remain in full force and effect.
Arbitration Agreement
You and Caddell Prep LLC agree that any dispute, claim or controversy arising out of or relating in any way to the Caddell Prep Online service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Caddell Prep LLC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Caddell Prep Online membership.
If you elect to seek arbitration, you must first send to Caddell Prep LLC, by certified mail, a written Notice of your claim (“Notice”). The Notice to Caddell Prep LLC should be addressed to: General Counsel, Caddell Prep LLC, 91 Guyon Ave, Staten Island, NY 10306 (“Notice Address”). If Caddell Prep LLC elects to seek arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Caddell Prep LLC, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Caddell Prep LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Caddell Prep Online may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Caddell Prep LLC or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Caddell Prep LLC receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Caddell Prep LLC and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Caddell Prep LLC’s last written settlement offer made before an arbitrator was selected (or if Caddell Prep LLC did not make a settlement offer before an arbitrator was selected), then Caddell Prep LLC will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND CADDELL PREP LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Caddell Prep LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
