Terms and Conditions
(Effective as of 01/10/2017)
This Terms and Conditions of Use Agreement ("Agreement") is a legal agreement between you and Prepory Coaching Group LLC (hereinafter referred to as "PCG"), the owner and developer of www.prepory.com. By visiting or using the Prepory website and domain name, and any other linked pages, features, content, or any other services we offer from time to time by in connection therewith (collectively, the "Website"), you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. To use the PCG services on www.prepory.com and consent to the terms of this Agreement, you must be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreement. IF YOU (OR YOUR PARENT/GUARDIAN WHEN APPLICABLE) DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR OR USE ANY PREPORY.COM SERVICE. The Terms are subject to change at any time.
BY VISITING OR USING THE PREPORY WEBSITE AND DOMAIN NAME, (www.prepory.com), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. PCG RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT ITS DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://www.prepory.com/terms-of-use.
1. Limitations of Liability and Indemnification. By using any services provided by PCG, you agree that in no event shall www.prepory.com, PCG, and its and their officers, members, consultants, employees, agents, affiliates, licensees, and web hosting services (collectively, the “Non-Liable Parties”) be liable for any direct or indirect, incidental, special or consequential damages whatsoever (whether in contract or tort, including but not limited to damages for loss of revenue or income, pain and suffering, loss of Client information, or emotional distress, even if any of the Non-Liable Parties were advised of the possibility of such damages, such damages were reasonably foreseeable, or any Non-Liable Parties were negligent or grossly negligent, including active or passive negligence) as a result of your accessing the website and/or using any of the PCG services available. Your sole remedy for any breach or default of this Agreement by www.prepory.com, PCG, or its and their officers, members, consultants, employees, agents, affiliates, licensees, and web hosting services shall be a return of any fees paid to www.prepory.com or PCG for any services provided under this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement, PCG’s services, and/or the use of www.prepory.com must be filed within one (1) year of such claim or cause of action arising or be forever barred. You indemnify and agree to defend and hold harmless www.prepory.com, PCG, and its and their officers, members, consultants, employees, agents, affiliates, licensees, and web hosting services and third parties for any losses, costs, liabilities, and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of prepory.com and/or any services provided by PCG, including any breach by you of the Terms contained in this Agreement.
2. No Guarantee of Success; No Warranties. PCG offers on www.prepory.com college admissions counseling and career counseling services by connecting you to a network of college admissions and career counseling consultants. Though PCG aims to create positive outcomes for its clients, neither PCG, nor its officers, members, consultants, employees, agents, affiliates, or licensees can guarantee any particular outcome or represent that a Client will necessarily achieve their desired outcome. Due to the highly competitive and inexact nature of the college admission and career search process, no individual can be assured of a successful outcome, regardless of that client’s credentials or attributes. Accordingly, Client understands and agrees that neither PCG, nor its officers, members, consultants, employees, agents, affiliates, or licensees is in any way responsible for any negative outcome (including but not limited to a Client’s failure to receive admission to a desired college or university or failure to receive desired employment) resulting from any PCG service. Without limiting the foregoing, www.prepory.com and PCG provide the www.prepory.com services on an "as is" basis and do not make any warranty, express, implied, limited or otherwise with respect to the services provided.
3. Ownership, Copyrights, Trademarks. All PCG trademarks, service marks, trade names, logos, domain names, and related intellectual property of the “Prepory” brand (including but not limited to the “Prepory” name and logo) are the sole property of PCG and may not be used, reproduced, or transmitted by Client. The www.prepory.com website and all services provided by PCG contain copyrighted material and other proprietary information. Accordingly, Client may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, the www.prepory.com and/or PCG material.
4. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of the State of Florida, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before a court of competent jurisdiction in Miami-Dade County, Florida, and you hereby consent to the jurisdiction of any such court.
5. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
6. Certification. You certify that you are at least 18 years of age (or that and you are at least 13 years of age and your parent or guardian hereby certifies) that your answers to the registration materials on www.prepory.com will be truthful.
7. Miscellaneous. This Agreement constitutes your entire Agreement with www.prepory.com and PCG with respect to any services. The failure of Website or PCG to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or PCG must be in writing and signed by an authorized representative of the PCG. PCG reserves all rights not expressly granted herein.