Welcome to Caddell Prep Online, a for-profit educational website belonging to and managed by Caddell Prep LLC. Caddell Prep Online 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.
Privacy and Communications Preferences
By using the Caddell Prep Online service, you consent to receiving electronic communications from Caddell Prep Online. 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 Caddell Prep Online and you receive them as part of the Caddell Prep Online 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 Caddell Prep Online at anytime by visiting our website and clicking on the “Your Account” link.
• Free Trials
Your Caddell Prep Online 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 Caddell Prep Online member within the last 12 months, or if your Payment Method, physical address or email address have been associated with a Caddell Prep Online membership, or if you are streaming from a Caddell Prep Online ready device that has been previously activated on a different Caddell Prep Online 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 “Your 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 “YOUR ACCOUNT” LINK AT THE TOP OF ANY CADDELL PREP ONLINE 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 anytime; 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).
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 Method, 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 Caddell Prep Online 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. If you signed up for Caddell Prep Online using your iTunes account as your Payment Method and wish to cancel your Caddell Prep Online membership at any time, including during your free trial, you will need to do so by visiting your iTunes account and turning off auto-renew. You may also find billing information about your Caddell Prep Online membership by visiting your iTunes account.
• Ongoing Membership
Your Caddell Prep Online 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.
You may cancel your Caddell Prep Online membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, visit our website and click on “Cancel Membership” on the “Your Account” page and follow the instructions for cancellation under the heading “Cancel Membership.”
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
Caddell Prep Online 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 Caddell Prep Online.
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. Caddell Prep Online streams a little bit of data as a buffer each time you start a movie or TV show. Frequently starting and stopping meida will result in a minor increase to the amount of data Caddell Prep Online 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. Caddell Prep Online 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 Caddell Prep Online 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 CADDELL PREP ONLINE 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 Caddell Prep Online ready devices within your household. Go to “Your Account” page on the Caddell Prep Online 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 Caddell Prep Online ready device may be limited to personal computers.
Geographic Limitation: You may instantly watch a movie or TV show through the Caddell Prep Online 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. Caddell Prep Online will use technologies to verify your geographic location.
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.
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
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 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.
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 logout 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.
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 use of our website or service will improve grades, test performance,etc.
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.
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.
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.
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
Links and Pages
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.