Agreement between You (the user) and WebScho, LLC
Welcome to www.webscho.com. This website and various other related web pages, products, services, and applications (“Services”) are operated by WebScho, LLC. (“WebScho”). These Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”). Your use and access of the Services constitutes your agreement to all such Terms. Please review these terms carefully, and keep a copy of them for your reference. If you do not agree to the Terms, you may reject them; however, that means you will not be able to use the Services, and you should cease use of the Services immediately.
www.webscho.com is an E-commerce website with the purpose of providing test preparation services.
SECTION 1 – Privacy
Your use of the Services is subject to WebScho’s Privacy Policy. Please review our Privacy Policy, which governs the Services and informs users of our data collection practices.
SECTION 2 – Electronic Communications
Visiting www.webscho.com or sending emails to WebScho constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on www.webscho.com, satisfy any legal requirement that such communication be in writing. You are responsible for ensuring deliverability of WebScho e-mails with your e-mail service provider which may include checking the spam folder or whitelisting the email address: support@webscho.com.
By default, all communication with WebScho is in English via e-mail. Your inability or unwillingness to communicate in English via e-mail may unduly impact our quality of service and delivery of service. These e-mails may be transactional or relationship communications relating to the services WebScho offers, such as administrative notices and service announcements or changes, or e-mails containing commercial offers, promotions or special offers. WebScho’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
SECTION 3 – Children
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. WebScho does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you believe that a child under 13 may have provided us personal information, please contact us at support@webscho.com. If you are under 18, you may use www.webscho.com only with permission of a parent or guardian.
SECTION 4 - License
This Agreement provides you with a limited, non-exclusive, non-transferable, revocable and non-sublicenseable license to use the Services solely for your personal use. As a condition of your use of the Services, you warrant to WebScho that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for by WebScho.
All content included as part of the Service, such as text, graphics, logo, images, as well as the compilation thereof, and any software used, is the property of WebScho or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. WebScho content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WebScho and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any license, express or implied, to the intellectual property of WebScho or our licensors except as expressly authorized by these Terms. In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
SECTION 5 – Your Use of the Services
If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. By accessing or using the Services, you also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Services. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that WebScho is not responsible for third party access to your account that results from theft or misappropriation of your account. WebScho and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
SECTION 6 – User Information
In the course of your use of the Services, you may create an account, be asked to provide certain personalized information to us, respond to surveys or otherwise provide information as a result of services and products made available on the Services (collectively, "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy. You agree that you are solely responsible for the accuracy and content of your User Information, and you agree to keep it up to date.
WebScho does not claim ownership of the material you provide, post, input, upload or submit, consisting of but not limited to feedback, suggestions, contest entries, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise to WebScho or the associated Services (collectively “Submissions”). However, by providing your Submission you are granting WebScho, our affiliated companies and necessary sublicensees a perpetual, non-exclusive, irrevocable, transferable, royalty-free right and license to use your Submission in connection with the operation of their Internet business including, without limitation, the rights to: copy, distribute, transmit, publicly display (in whole or in part), reproduce, edit, print, adopt, modify, publish, post, create derivative works, translate and reformat your Submission; to act on such Submission without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content; and to publish your name in connection with your Submission. You hereby waive any claim to the contrary.
SECTION 7 – Representations and Warranties
You warrant and represent to WebScho that: you are at least the legal age of majority; you are authorized to enter in to this agreement; all information you provide to WebScho in connection with the Services (e.g., name, e-mail address, test scores) is true and accurate; you will not use the Services for any purpose that is unlawful or prohibited by these Terms; and you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
SECTION 8 – Orders for Products and Services
You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to WebScho. You agree to pay all applicable taxes. Certain products that you purchase, access and/or download on or through the Services may be subject to additional terms and conditions presented to you at the time of such purchase, access or download.
All orders are subject to WebScho’s acceptance. The confirmation you receive of your order does not constitute acceptance of your order. WebScho may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. A refund will be issued if an order you placed is already charged and later cancelled by WebScho. Your order will be deemed accepted upon its delivery and your receipt of a delivery confirmation of your order.
You agree to provide current, complete and accurate purchase and account information for all purchases made in connection with the Services. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates.
If for any reason you are unsatisfied and want to return products you have ordered, please review the Return and Refund Policy outlined below.
You are granted a limited license to use the Services for a limited time period. This license is typically a one-year period from the date of purchase (unless otherwise stated at the time of purchase). If you delete your account at any time within this license period, WebScho is entitled to redeem your unused license and is not obligated to refund any of your license fee.
WARRANTY AND LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WEBSCHO, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME.
WEBSCHO, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCES, SERVICES AND RELATED GRAPHICS CONTAINED IN CONNECTION WITH THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WEBSHO, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEBSCHO, LLC AND/OR ITS SUPPLIERS BY LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES OR OTHER RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE OR IN CONNECTION WITH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WEBSCHO, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF WEBSCHO FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICES, RESULTS FROM USE OF THE SERVICES, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO WEBSCHO FOR ANY PRODUCT OR SERVICE.
SECTION 9 – Links to Third Party Sites and Services
In connection with the Services, the website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of WebScho and WebScho is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WebScho is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WebScho of the site or any association with its operators. By using the Services, you release and hold WebScho harmless from any and all liability arising from your use of any third party website or service.
Certain services made available via www.webscho.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.webscho.com domain, you hereby acknowledge and consent that WebScho may share such information and data with any third party with whom WebScho has a contractual relationship to provide the requested product, service or functionality on behalf of WebScho users and customers.
SECTION 10 – Indemnification
You agree to indemnify, defend and hold harmless WebScho, its officers, directors, employees, agents, affiliates, licensors, contractors, third parties and others involved in the delivery of products, services or information through the Services, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Services, any user postings made by you, any Submissions, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. WebScho reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WebScho in asserting any available defenses.
SECTION 11 – Arbitration and Class Action Waiver
Any claim or dispute arising out of or relating in any way to your use of the Services or these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, shall be resolved only by confidential, final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties. WebScho shall have the ability to choose a venue that is convenient for WebScho. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. The parties shall split 50%/50% the cost of the administrative and arbitrator fees.
The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be limited solely to the dispute or controversy between you and WebScho. If any in-person hearing is required, it shall be held in a venue chosen by WebScho. Any participatory arbitration hearing that you attend shall take place in Georgia. Georgia state law will apply during the arbitration. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
SECTION 12 – Modifications of Services
WebScho reserves the right, in its sole discretion and without notice to you or any third party, to modify, suspend or discontinue any part of the Services. We also reserve the right, in its sole discretion, to impose limits on certain features and services.
SECTION 13 – Score Improvement Guarantee
In addition to providing quality test preparation, WebScho guarantees a score improvement or your money back. You can qualify for the Score Improvement or Money Back Guarantee if:
WebScho, LLC
Attn: Score Reports
PO Box 723034
Atlanta, GA 31139
The submission must contain the email address of the account as well as a Payee name and a Payee address. The refund method will be via credit card or check at WebScho’s discretion within 60 days of WebScho receiving the request.
Other Terms: Refunds are limited to one per household, account purchaser, account user, official score report, or account. By way of example, one parent (purchaser) who buys two packages for two different users can get at most one package refunded.
SECTION 14 – No Risk 7-day Trial
If for any reason you’re not satisfied with the Services within seven days from purchase, simply let us know and a refund will be issued with no questions asked. To request a refund, please email: support@webscho.com.
Please provide us with your name, order details, order ID, contact details, and username/email address of the account. Once approved, please allow up to 5 business days for your refund to be credited to your account.
Restrictions: Refunds are limited to one per household, account purchaser, account user, or account. This applies to all package types and test types.
SECTION 15 – Termination
WebScho reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. You acknowledge and agree that WebScho shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any Terms. All applicable provisions of this agreement will survive termination. Any license from WebScho and any right to use the Services shall immediately cease upon termination of this agreement.
SECTION 16 – Miscellaneous
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment or agency relationship exists between you and WebScho as a result of this agreement or use of the Services. WebScho’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WebScho’s rights to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by WebScho with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.
Any attempt of assignment, delegation, or transfer in violation of this agreement shall be void, of no effect, and a material breach of this agreement. Notwithstanding the foregoing, WebScho may assign this agreement in whole or in part. Moreover, WebScho may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this agreement.
Unless otherwise specified herein, this agreement and WebScho’s Privacy Policy, which are hereby incorporated by reference as if set forth fully herein, constitutes the entire agreement between the user and WebScho with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WebScho with respect to the Services. Any rights not expressly granted herein are reserved by WebScho. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. WebScho reserves the right, in its sole discretion, to change the Terms under which the Services is offered. The most current version of the Terms will supersede all previous versions. Your continued use of the Services following any such change to such Services will be deemed acceptance to be bound by any such change to this agreement or the Services. WebScho encourages you to periodically review the Terms to stay informed of our updates.
SECTION 17 – Contact Information
WebScho welcomes your questions or comments regarding the Terms at: legal@webscho.com.
Effective as of January 1, 2017