BY AGREEING TO THE TERMS OF THE SUMMARY OF SERVICES DOCUMENT, OR OTHERWISE CONSENTING TO THESE TERMS THROUGH ANOTHER METHOD (INCLUDING BY USING THE SITES), 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 THE SITES OR ANY PCG SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THESE TERMS. YOU SHOULD REVIEW THESE TERMS PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THESE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO prepory.com/terms-of-use.
- Limitations of Liability and Indemnification. By using the Sites and/or any services provided by PCG, you agree that in no event shall 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 Sites and/or using any of the PCG services available. Your sole remedy for any breach or default of these Terms by 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 PCG for any services provided under these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, PCG’s services, and/or the use of the Sites 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 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 the Sites and/or any services provided by PCG, including any breach by you of the terms outlined herein.
- No Guarantee of Success; No Warranties. PCG offers on the Sites 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 PCG provide the Sites and its services on an “as is” basis and do not make any warranty, express, implied, limited or otherwise with respect to the services provided.
- Services. If you agree to any services agreement with PCG (including but to a PCG “Summary of Services”) document, you agree to adhere to all terms applicable to you in said agreement, including promptly rendering all payments for services as outlined in said agreement. You understand that there are no refunds for services purchased from PCG (whether used or unused) for any reason. Payment is binding on you at such time that you execute, and under such terms outlined in, your PCG Summary of Services document. You (and your child, if applicable) shall adhere to all PCG policies, both verbal and written (including the policies outlined in the PCG “Parent Guidebook”), as well as any instructions or directives provided by PCG, its employees, and its coaches. PCG may terminate or suspend access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms or any other agreements that you may have with PCG.
- 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 Sites 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, on in any way exploit, in whole or in part, www.prepory.com, MyPrepory, and/or PCG material.
- Jurisdiction. These Terms, or any dispute arising from these Terms or any service provided by PCG, 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 these Terms or any service provided by PCG 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.
- Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
- 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 the Sites will be truthful.
- Miscellaneous. These Terms (and the terms of the Prepory “Education Coaching Services Agreement,” to the extent that you have agreed to the terms of the Education Coaching Services Agreement) constitutes your entire agreement with PCG with respect to any services provided by PCG and the use of the Sites. The failure of Website or PCG to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by PCG must be in writing and signed by an authorized representative of the PCG. PCG reserves all rights not expressly granted herein. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.