Terms & Conditions

User Agreement

Last Updated: Dec 3, 2018

 

Welcome to Supertutortv, a product of Supertutor Media, Inc. (together with its subsidiaries, products, and affiliates, “SupertutorTV” or “Supertutor” or “we” or “us”). By visiting supertutortv.com (the “Site”), you agree to be bound by these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time and will make the most recent version available on the Site. By using this Site and continuing to use the Site after any modifications, you agree to the terms and to be bound by any such changes.

 

(“Supertutor” or “We”) provides this Site on the following terms and conditions to each visitor, regardless of whether the visitor has an account, whether that account is paid, and whether their use of Supertutor is through a parent, school, or other party. Please read these Terms of Service for All Visitors (“Terms” or “AVT”) carefully before using this Site, registering for its services or purchasing any of its products. By using this Site in any capacity, you agree to these Terms; if you do not agree to these Terms, you may not use this Site.

 

Your continuing use of this Site constitutes your acceptance of any modifications, revisions or updates to the Terms, all of which shall become effective. You agree that your interaction with the Site is solely with Supertutor Media, Inc. and none of the managers, shareholders, employees, or workers directly, and indemnify all parties other than Supertutor Media, Inc. from lawsuits and other disputes. You agree that if you had previous relationships with any parties above other than Supertutor Media, Inc. in use of the Site, that your continued use gives consent for that relationship to be transferred to Supertutor Media, Inc.

 

Personal Use Only: This Site is for your personal use only. Commercial use of the Site or of any Site content is prohibited.

 

Operation of the Website

Supertutor will use reasonable commercial efforts to keep this Site available for access on a 24 hour a day, seven day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, Supertutor does not warrant that the operation of this Web Site will be error-free, that defects will be corrected, or that this Web Site or the servers that make it available are free from viruses or other harmful components.

You are solely responsible for obtaining telecommunications access to the Site and any fees (such as internet service provider or airtime charges) relating to such access. Similarly, you are solely responsible for all equipment necessary to access this Site. Users are responsible for maintaining a service connection capable of streaming video content. Note to international Users: Supertutor subscription video content is hosted on Vimeo.com, a site which may be blocked by some foreign governments, such as China’s. It is the User’s responsibility to obtain access that allows content from Vimeo servers and confirm that such access is not restricted by any international law, government or service provider access restrictions, web browser or firewall privacy settings, or telecommunications limitations.

Browser Support

The Supertutor Media online prep system may not support all web browsers or computer systems. Older web browsers, such as Internet Explorer, may not provide functional access to this site. Supertutor Media recommends Google Chrome and Safari browsers. Best efforts will be made to provide support at all times for at least one browser for Mac and PC systems. The course may not be compatible with all privacy settings on all browsers, as our servers must authenticate paid subscriber access of videos. Support for other operating systems and browsers is not guaranteed.

Process to Access All Features

Some advertised features may not directly be accessible after logging in and payment. Such features must be requested by the user via email to info@supertutortv.com , and up to 7 days may be required for the feature to be provided. The user agrees to make no claims that any feature is missing without first contacting info@supertutortv.com with a 7 day notice period.

A summary of advertised features may be found at:

Supertutortv.com/the-best-act-prep-course-ever and Supertutortv.com/the-best-SAT-prep-course-ever

Accounts

If you enroll in any of Supertutor’s Site test preparation services you will have an account and a password. Access to password protected portions of this Site is available for only so long as you have paid all required fees to Supertutor. You are responsible for maintaining the confidentiality of your account and password and for restricting access to Supertutor’s Site course material to anyone other than yourself. You agree to accept responsibility for all activities that occur under your account or password. Supertutor reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Your Account

Users enrolled via payment plans must make all payments on time. A failure to pay will lead to your account being put on hold until payment is completed as well as a $50 service fee if the payment does not clear within 24 hours of the initial failed payment. If your account is over 7 days in arrears, you will be expected to make a full payment in order to re-activate your account. If your account is over 10 days in arrears, your unpaid amount including the $50 service fee may be sent to a collection agency.

Links to Third Party Sites

We may display on this Site links to other web sites to provide you with useful information. Supertutor is not responsible for the contents of such links, any linked site, or any link contained in a linked site. The display of any link does not imply endorsement by Supertutor of the linked site. IN NO EVENT WILL SUPERTUTOR BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO THE USE OF OR RELIANCE ON ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED ON ANY SUCH SITE. 

Free Trial Period

We offer a limited access 5-day free trial to our course only for those who electively check the “free trial” box upon checkout. This trial does NOT include all course materials and is offered at the discretion of Supertutor Media, which reserves the right to revoke free trial access or availability at any time. Unless you cancel within the five day period within the course by clicking “cancel” in actions when signed into the course OR by emailing info@supertutortv.com, your credit card will be charged for the course you initially selected at the price of sale originally offered at the time of trial initiation.

If you have signed up for a trial but wish to sign up for a different product and are still in your trial period (for example, you are on trial for both SAT and ACT but only want to study for the ACT), you will need to cancel your trial within the 5-day period and email us so we can clear out your account and you can subscribe to the product you wish to have.

Refunds 

We do not offer refunds once the course has been purchased. We do not offer a score increase guarantee. Once the course has been purchased and thus “unlocked,” we do not offer “prorated” refunds. For example, if you purchase the 1-year course but later decide you only want 6 months access, you are not entitled to receive the difference between the 1-year price and the 6-month price.

Recourse

In the case Supertutor is not able to deliver the services purchased, Supertutor may offer you a partial, pro-rated, or full refund in return for cessation of all remaining services. Our obligation to you shall be no more than an amount equivalent to the prorated cost based on the amount of subscription time on the course remaining, minus the full retail value of the Official ACT Prep Guide. Supertutor does not refund shipping fees. Further, Supertutor may terminate its relationship with any customer for any legal reason, or no reason at all if legal, at Supertutor’s discretion by offering the customer a full refund of all amounts paid. Supertutor’s maximum liability shall not exceed the actual purchase price paid for the account or products, and in no event shall Supertutor be liable for loss of, damage to, or corruption of data stored with Supertutor about your account, or for special, incidental, consequential, or indirect damages whatsoever, including without limitations teaching strategies or content that is ineffective, faulty, or incorrect.

 

Package Extensions or Retakes

Package Extensions, or the allowance of students to access the package for longer than the six month (or one year, when applicable) period, may be granted at the discretion of Supertutor Media, Inc. Students who have a Package Extension must accept any ongoing changes to the package that Supertutor makes to the package. Students who have a Package Extension are not entitled to upgrades or transference of their account to any other version / test of the package, even if the original test version is discontinued. If a Package Extension is paid for, then the payment for the Package Extension has no trial refund period. Supertutor Media, Inc. reserves the right to deny package extensions at its sole discretion. If Supertutor Media believes a purchaser is not an individual, single user student or is using the program for a purpose other than studying for the ACT for admission to an undergraduate college program (i.e. the program is purchased on behalf of a private tutor or institution), it furthermore may limit subscriber ability to purchase an extension or may offer such extensions at different subscription rates. Supertutor Media further reserves the right to require proof of registration for future ACT test dates or previous test dates, or other proof of status including but not limited to student transcripts or copy of a student ID, to confirm student intentions.

Account Cancellation

Any admin may cancel any account associated with the organization by sending an email to Supertutor Media (info@supertutortv.com). Cancelled accounts may be erased the moment such an email is received, and usage data, historical grades, scores, and other information associated with the account may not be maintained.

One Person Per Account

You agree both directly and through your administrators to only allow one natural person to use each account purchased. By way of example, if Simon and FeiFei are two people in a class, they many not actively prepare using the same account; likewise, if Simon uses an account for 4 months, she may not pass in on to FeiFei who uses it for another 2 months. This limitation does not include having a person debug an account or otherwise help that first person, as long as such time is limited to less than 5% of the total access time.

 

Software and Site Updates

The Supertutor website across-the-board improvements, feature additions, bug fixes, changes, and generally “software updates.” The organization agrees that for each account, Supertutor has no responsibility to maintain backwards compatibility or preserve the layout of the account. The organization agrees to allow each account to be updated to the latest version of the site along with the rest of the site.

 

Children: The Site is intended for the use of adults 18 years or older and children over the age of 13. You are not permitted to use the Site if you are under the age of 13. By using the Site, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 13 in accessing the Site or to attempt to contact children under 13 through the Site.

 

Copyright

Copyrights: All content, applications, digital downloads, data compilations on the Site and all text, photographs, graphics, video and audio included in them (“Site Materials”) are the property of or licensed to Supertutor Media, Inc. The Site contains material that is protected by copyright, trademark, or other intellectual property rights, and the Site themselves are protected as a collective work under the copyright laws of the United States and other countries. Except for User Content (defined under User Content section below) that you own, you may not modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Site Materials. Furthermore, you may not download any component of the Site Materials that is not explicitly listed as a downloadable material. For example, videos are not to be downloaded, but Math downloadable worksheets may be downloaded.

You may download one copy of any material you can access from the Site for your internal use only, provided that you do not modify such materials or delete or modify any trademark, copyright or other proprietary notices thereon. Any and all downloadable content is for the sole use of the subscriber and all materials must be removed from the subscriber’s computer and any copies disposed of upon expiration of the subscription. Downloadable content may not under any circumstances be shared with non-subscribers. For example, a tutor or teacher may not subscribe to the course and print or email worksheets to his students who are not subscribers.

 Any unauthorized use of this Site terminates the permission granted by Supertutor for your use of this Site.

Trademarks: The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Supertutor Media, Inc. and of Supertutor’s licensors. You may not use the Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us. You may not frame the content of the Site without express, written consent by Supertutor. You may not use metatags or any other “hidden text” that incorporates the Supertutor Trademarks or our name without our express written consent.

User Content: By submitting content, regardless of form or medium, (collectively, “User Content”), you grant us a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, license to use, publish, publicly display and sublicense User Content, in whole or in part, in original form or as edited or modified by us, in all languages, forms and media, on the Site and elsewhere, unless otherwise agreed to in writing. We reserve the right, but not the obligation, to edit, modify and/or remove your Content without prior notice.

You are solely responsible for your User Content, and you represent that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) use a false identity or impersonate any other person or use a name that you are not authorized to use; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or give rise to civil liability or is otherwise inappropriate.

 

Reporting to Copyright Agent: If you are a copyright owner or agent thereof and believe that any of the Site Materials infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) to our Copyright Agent with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (VI) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent can be reached as follows:

By mail: Attn: Copyright Agent

Supertutor Media, Inc.

1314 Westwood Blvd

Suite 107

Los Angeles, CA 90024

By phone: 1-424-256-2598

By email: info@supertutortv.com

 

DISCLAIMERS; LIMITATIONS ON LIABILITY. YOUR USE OF THE SITE IS AT YOUR OWN RISK. ALL INFORMATION ON THE SITES AND/OR INCLUDED IN E-MAILS DISTRIBUTED TO YOU BY US IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL KAPLAN BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Linked Site: We do not endorse and are not responsible for the availability or content of other services that may be linked to our Site.

 

Waiver of Jury Trial: The parties hereby irrevocably waive any and all right to trial by jury in any legal proceedings arising from or relating to these Terms and Conditions.

 

Choice of Law and Forum: Any dispute between us arising from or related to these Terms and Conditions will be governed by California law and the exclusive forum for disputes arising from or related to this agreement shall be the state and federal courts of California.

 

Sever ability: If any provision of this Agreement is ruled unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable.

 

 

SUPERTUTORTV.com

Supertutor Media, Inc.

1314 Westwood Blvd

Los Angeles, CA 90017

Contact

All comments, queries and requests relating to our use of your information are welcomed and should be addressed as follows:

By mail: Supertutor Media, Inc., 1314 Westwood Blvd, Suite 107, Los Angeles, CA 90024

By email: info@supertutortv.com

Disclaimer

ACT™ is a registered trademark of ACT, Inc. ACT, Inc. does not endorse, nor is affiliated in any way with the owner or any content of this website.

SAT is a registered trademark of the College Board. The College Board does not endorse, nor is affiliated in any way with the owner or any content of this website. Khan Academy does not endorse, nor is affiliated in any way with the owner or any content of this website.

 


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