Terms of Use Agreement

Terms of Use Agreement

Table of Contents

• The 240 Tutoring Guarantee
• Terms of Subscription of Study Guides
• Acceptance of Terms
• Modification of Terms of Use
• Description of Services
• Personal and Non-Commercial Use Limitation
• Intellectual Property
• Digital Millennium Copyright Act (“DMCA”)
• Links to Third Party Sites
• No Unlawful or Prohibited Use
• Member Account, Password, and Security
• Privacy and Protection of Personal Information
• Use of Services
• Unsolicited Idea Submission Policy
• No Guarantee and Fees Paid
• Disclaimer of Warranties
• Limitation of Liability
• Indemnification
• Termination
• General Information
• EPPS

The 240 Tutoring Guarantee

Any 240 Tutoring customer who scores a 90% or higher on the “Practice Test” available at the completion of the study guide and fails their exam is eligible for a refund of up to two monthly subscription payments. This applies only to teacher certification exams taken through the official state testing provider (i.e. Pearson or ETS) and not to exams administered by Educational Preparation Programs (EPPs), Universities, or other entities.

The 240 Tutoring Guarantee refund amount is proportional to the number of study guides a customer completes with a score of 90% or higher on the practice test. For example, if a customer enrolls in three study guides and qualifies for the 240 Tutoring Guarantee in two of the study guides, but fails one exam for which they received the guarantee, they will be eligible for 1/2 their payment amount up to a maximum refund benefit of two full subscription months. The 240 Tutoring Guarantee will be calculated based only on subscription payments made prior to the customer’s failed exam attempt.

To be eligible for the refund a person must:

1. Earn 90% on the “Practice Test” in the study guide. This must be achieved prior to taking the exam. The exam title on the test taken must be the exact match to the 240 Tutoring Study Guide used for preparation.
2. Take the exam within 30 days of end of the 240 Tutoring study guide subscription. If an individual’s subscription ends on January 1, then the test must be taken within 30 days of January 1 to be eligible for a refund.
3. The person must provide a copy of the official score report to 240 Tutoring. This score report must be free of tampering and both first and last name must match the name on the 240 Tutoring account. Score reports can be emailed to helpdesk@240tutoring.com. 240 Tutoring reserves the right to request a paper copy of the score report for verification.
4. Request the refund within three months of the failed exam attempt.

Once the guarantee refund is given, 240 Tutoring will remove the study guide along with all user progress and reports for that study guide from the user’s account. When the study guide is removed, all progress is lost and cannot be recovered. 240 Tutoring will also close the user’s account if the user has already canceled their subscription.

Any 240 Tutoring customer who scores a 90% or higher on the “Practice Test” at the end of the study guide and is unsuccessful on their exam is eligible for a refund of up to two monthly subscription payments.

Terms of Subscription of Study Guides

Enrolling in a 240 Tutoring Subscription entitles a customer to enroll in and access a study guide for a specific exam series (TExES, PRAXIS, CSET, FTCE, etc). The subscription will automatically renew every month until canceled. The customer will have access to their study guide(s) as long as their subscription continues in good standing.

To cancel a subscription, the customer must go to their “profile” page and cancel their subscription. The subscription will be canceled and access revoked at the end of the current subscription month.

NOTE: The customer is solely responsible for canceling their subscription.

48-Hour Refund

If you have subscribed to the study guides and are not satisfied with the preparation materials you have 48-hours from the time of subscription to request a full refund. Requests must be sent via email to helpdesk@240tutoring.com for processing. Only one 48-hour refund will be processed per user.

Acceptance of Terms

The services that 240 Tutoring, Inc. provides to you are subject to the following Terms of Use (“TOU”). Please read the following TOU carefully. The website is available to you based on your acceptance of the following conditions without any modification of the terms, conditions and notices outlined on this page. Your use of the website is your acknowledgment that you understand and agree to all such terms, conditions and notices, as may be amended or modified from time to time. If you do not agree to these terms, do not use this website.

Modification of Terms of Use

240 Tutoring, Inc. reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.

Description of Services

240 Tutoring, Inc. provides you with access to a variety of resources, including without limitation, practice tests, study guides, exams, course materials, assessments, applications, and other information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the services are for your personal and non-commercial use as a member of 240 tutoring, inc. you may not, under any circumstances, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the services without prior written authorization from 240 tutoring, inc.

Intellectual Property

All intellectual property, including trademarks and logos displayed on the website, are the exclusive property of 240 tutoring, inc. you are restricted from using any of 240 tutoring inc.’s intellectual property for any purpose including, but not limited to, placing links on other websites on the world wide web without the prior written authorization from 240 tutoring, inc. the entire contents of 240 tutoring, inc.’s website are owned as a collective work under u.s. copyright laws, and copying, redistribution or publication of any part of this website is prohibited except as otherwise provided. any unauthorized use of this website may be subject to penalties or legal action.

Digital Millennium Copyright Act (“DMCA”)

240 Tutoring, Inc. respects the intellectual property rights of others. Per the DMCA, 240 Tutoring, Inc. will respond expeditiously to claims of copyright infringement on the Site if submitted to 240 Tutoring, Inc.’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, 240 Tutoring, Inc. will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.

If you believe that your intellectual property rights have been violated by 240 Tutoring, Inc. or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site;
3. An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not 240 Tutoring, Inc., can contact you;
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
6. Your electronic or physical signature.

240 Tutoring, Inc. may request additional information before removing any allegedly infringing material. In the event 240 Tutoring, Inc. removes the allegedly infringing materials, 240 Tutoring, Inc. will immediately notify the person responsible for posting such materials that 240 Tutoring, Inc. removed or disabled access to the materials. 240 Tutoring, Inc. may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c). 240 Tutoring, Inc. designated Copyright Agent is:

Scott Rozell
888-535-2142
rozell@240tutoring.com

Links to Third Party Sites

240 Tutoring, Inc. may provide links to other World Wide websites that it does not control. You acknowledge 240 Tutoring, Inc. is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. 240 Tutoring, Inc. is not responsible for webcasting or any other form of transmission received from any linked site. 240 Tutoring, Inc. is providing links, if any, to you only as a convenience, and the inclusion of any link does not imply endorsement by 240 Tutoring, Inc.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any 240 Tutoring, Inc.’s server, or the network(s) connected to any 240 Tutoring, Inc. server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any 240 Tutoring, Inc. server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. If your information changes, you agree to update your account and that any information you provide will be true and correct. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify 240 Tutoring, Inc. immediately of any unauthorized use of your account or any other breach of security. 240 Tutoring, Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by 240 Tutoring, Inc. or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You will be responsible for all charges incurred through your account. The use of registration and services are limited only to the name on the account. your login and password may not be distributed to any other person or entity for the purpose of the use of services.

Privacy and Protection of Personal Information

See the Privacy Policy disclosures relating to the collection and use of your information.

Use of Services

240 Tutoring, Inc. reserves the right at all times to disclose any information as 240 Tutoring, Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 240 Tutoring, Inc’s sole discretion.

Unsolicited Idea Submission Policy

240 tutoring, inc. or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. please do not send any original creative artwork, samples, demos, or other works. the sole purpose of this policy is to avoid potential misunderstandings or disputes when 240 tutoring, inc.’s products or marketing strategies might seem similar to ideas submitted to 240 tutoring, inc. so, please do not send your unsolicited ideas to 240 tutoring, inc. or anyone at 240 tutoring, inc. if, despite our request that you not send us your ideas and materials, you still send them, please understand that 240 tutoring, inc. makes no assurances that your ideas and materials will be treated as confidential or proprietary.

No Guarantee and Fees Paid

240 Tutoring, Inc. does not guarantee that you will pass the teacher certification test by using the Services contained or purchased on this website outside of the “240 Tutoring Guarantee”. Any fees paid to 240 Tutoring, Inc. for its Services are non-refundable outside of the “240 Tutoring Guarantee” mentioned in the terms of use.

Disclaimer of Warranties

the website and the services, and any content, tools, products or services displayed, accessed or obtained on or through our website and services are provided “as is”, “as available”, and without warranties of any kind, either express, implied or statutory, including, without limitation, warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the generality of the foregoing, 240 tutoring, inc. and its affiliates, suppliers, and agents do not warrant and expressly disclaim that: (i) your use of our website and/or services and access to and use of all of the tools and features thereon will be uninterrupted, error-free, or secure, (ii) that any information obtained therein is accurate, reliable or complete, (iii) that defects will be corrected, or (iv) that any software, services, our website or server(s) on which the services and our website are hosted are free of viruses or other harmful components. your use of our website and the services and any information or materials provided on or through our website and services are entirely at your own risk.

Limitation of Liability

Neither 240 tutoring, inc. nor its directors, officers, employees, contractors, agents or sponsors are responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to (i) the use of or inability to use our website or the services; (ii) any content contained on our website and/or the services; (iii) statements or conduct posted or made publicly available on our website and/or the services; (iv) any product or service purchased or obtained through our website; (v) any action taken in response to or as a result of any information available on our website or the services; (vi) any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on our website or the services, or (vii) any other matter relating to our website and/or the services. in no event shall 240 tutoring, inc. total liability to you for any and all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], statutory, or otherwise) exceed the amount paid by you, if any, for using any of the services or our website.

Indemnification

You agree to indemnify, defend, and hold 240 Tutoring, Inc. and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys fees and costs) which arise directly or indirectly out of or from (i) your breach of the TOU; (ii) any allegation that any materials that you submit to 240 Tutoring, Inc. or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and/or (iii) your access or use of the our website and/or the Services. This section shall survive in the event this Agreement is terminated for any reason.

Termination

The TOU shall remain effective until terminated in accordance with its own terms and conditions. You agree that 240 Tutoring, Inc., in its sole discretion, may terminate your password, account (in whole or in part), or use of our website or Services, and remove and discard any content within the our website, at any time and for any reason. You agree that any actions taken under this section may be effective without prior notice to you. In the event of termination, however, those sections in the TOU which provide for continuing obligations on your part shall survive indefinitely.

General Information

The TOU constitutes the entire agreement and understanding between you and 240 Tutoring, Inc. and governs your use of our website and the Services, superseding any prior agreements between you and 240 Tutoring, Inc. The TOU and the relationship between you and 240 Tutoring, Inc. shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Denton, in the State of Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of 240 Tutoring, Inc. to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in the TOU are for convenience purposes only and have no legal or contractual effect. The TOU are not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by 240 Tutoring, Inc. of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

EPPS

240 Tutoring reserves the right to establish fee-for-services for both individuals and Educator Preparation Programs (EPPs). Any EPP or institution that knowingly enters a contractual relationship with 240 Tutoring and bills students for a higher fee-for-service than the contractual rate is in violation of said contract and will be subject to appropriate measures as determined by 240 Tutoring.

Any Educator Preparation Program (EPP) or institution that enters a contractual relationship with 240 Tutoring is obligated to bill student users at the same fee-for-service rate. Charging a higher rate to users is considered a violation of contract terms and is subject to termination and/or additional fees.