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Welcome, and thank you for choosing PracTutor (www.practutor.com) ("the Website").


The Website enables visitors ("you" or "your") to learn, test and practice Math and Language Arts concepts for students from Kindergarten to 12th grade. It also helps parents, teachers and/or guardians to keep track of their child(ren)'s progress. If you are a parent, teacher or guardian and you provide consent for your child to register with the Website, you agree to be bound by these terms of use with respect to such child's use of the Website.


The following Terms of Use is a legal contract between you, an individual subscriber, customer, or user ("you" or "your"), and PracTutor regarding your use of the Website.


By accessing and using the Website and its services (the "Service") you are agreeing to be legally bound by these Terms of Use, which sets forth the terms and governs your use of the Website. If you do not wish to be bound by this Terms of Use, you are not authorized to use this Website.


Please read carefully the following Terms of Use. By registering for, accessing, browsing or using the Website, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including any additional guidelines (as defined below) and future modifications (collectively, the "terms").

The Website may change these Terms of Use from time to time so please be sure to check back periodically. Your use of the Website after any changes have been posted will constitute your agreement to the modified Terms of Use. You understand and agree that the Website may discontinue or change the Website and/or the Service at any time, without notice. You also understand and agree that the Website may discontinue or restrict your use of the Website for any reason without notice and without any liability to you. In addition, when using the Website, you shall be subject to any posted guidelines or rules applicable to the Service, which may be posted from time to time and which are hereby incorporated by reference into these Terms of Use.

Unless otherwise indicated, all content displayed on the Website, including limitation any pictures, logos, images, and text is the property of the Website or its licensors, and is protected by copyright, trademark, and the intellectual property laws. All the texts, practice questions, quizzes, and videos are protected by copyright, trademark, and the intellectual property laws. Such content may be used only for your personal and non-commercial use and may not be edited or modified for any purpose. By accessing the Website, you agree not to reproduce, retransmit, distribute, disseminate, display, sell, publish, broadcast or circulate the Website's content- to anyone, except that you may occasionally reproduce, distribute, display or transmit an insubstantial portion of the Website's content, for a noncommercial purpose, to a limited number of individuals, provided you use the phrase "Used with permission from PracTutor." All rights not expressly granted herein are hereby reserved. This can be done only with written permission from PracTutor.


The Website does not claim ownership of the content you submit or make available for inclusion on the Website. The Content is the property of the author of such Content. You agree to grant the Website a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sub-license, create derivative works from, transfer, and sell such Content in any format now or hereafter created, and to use your name and other identifying information you provide in connection with that Content. You also permit any visitor or member of the Website to use such Content for personal use as described above.


PracTutor may provide, or third parties may provide, links to other Internet videos, websites or resources. Because PracTutor has no control over such sites and resources, you acknowledge and agree that PracTutor is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PracTutor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.


If you believe in good faith that any content infringes your copyright, you may send us a notice requesting that the material be removed though we cannot guarantee that any action will be taken as a result of your correspondence. Notices should be sent to PracTutor, 12806, Townepark Way, Louisville, KY 40243. All the videos on the Website for every concept and topic are available freely in public domain. PracTutor does not own or claim to own copyrights to any of these videos and will always make all the videos freely available to all its users. PracTutor does not and will not sell commercially any videos without the written permission from the respective owner and/or company of the videos. These videos are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Unless otherwise indicated, all video content is the property of the particular creator and/or Website or its subsidiaries or affiliated companies and/or third-party licensors and, subject to the terms and conditions, they are available for use to you under the Creative Commons Attribution- United States License (available at http://creativecommons.org/licenses/by-nc-sa/3.0/us/) (the "Creative Commons License"). By downloading or otherwise accessing such Licensed Educational Content, you agree to comply with all the terms of the Creative Commons License.


All the videos are available free of charge on the respective websites or video sharing platforms like 'YouTube' (www.youtube.com) and others. PracTutor does not and will not charge fees for these videos. The fees are for the software, tests, practice, quizzes, counseling and other features on PracTutor. The videos will be available to the users to browse and check on PracTutor and all the other respective video websites without paying as well.


We credit, acknowledge and thank all the creators and/or websites or their subsidiaries or affiliated companies and/or third-party licensors for making such great educational videos and making it available for use for free. In case we are not able to acknowledge individual creators and/or companies, through these Terms we credit all of them for being the original creators of the videos and acknowledge that all videos would be available on the respective Website and they own the right to change and/or remove the videos.


PARCC® is a registered trademark of PARCC, Inc. PracTutor is not owned by nor has any affiliation with PARCC, Inc., the Partnership for Assessment and Readiness for College and Careers. Neither PARCC, Inc nor any member states of the Partnership for Assessment and Readiness for College and Careers has endorsed any products or services provided by Practutor. No charges or fees paid for any product or services of PracTutor will be paid to PARCC, Inc or any state of the Union.

The Website is available to all users including students, parents, teachers and/or guardians and educators. It is not available to users who have been suspended or removed from the Website.


In consideration of your use of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration form and (b) maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PracTutor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PracTutor has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You agree that accounts may not be shared by more than one person unless express authorization is given by PracTutor.


If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then - you agree to immediately notify PracTutor. PracTutor is not liable for any losses due to such a situation.


If you register, or approve the registration of, any child member, you agree and acknowledge that you are such child's legal parent, teacher or guardian and that you agree to be bound by the terms on behalf of such child, including without limitation being liable for all use of the Website by the child.


Notwithstanding the foregoing, you acknowledge that PracTutor cannot guarantee the accuracy of any information submitted by any user and PracTutor is not obligated to verify the identity of any user, including any user's claim to be a parent member.


You can always find the details of subscription and fees on the Website or by contacting us.


Payments


By starting your subscription, you are expressly agreeing that we are authorized to charge you the membership fee associated with the type of membership you chose during registration. You agree that we are authorized to charge you the membership fee at the then-current rate to the Payment Method (credit card, debit card, PayPal or any other payment method mentioned on the website) you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. Sign in to your account to see the billing details. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment.


You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan, and you authorize us to charge your Payment Method for such varying amounts. Payments are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from your account page. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.


Your PracTutor membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each billing period in order to avoid billing of the next membership fee to your Payment Method. We will bill the membership fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.


You may cancel your PracTutor membership at any time, and cancellation will be effective immediately. You will continue to have access to the videos and other free features on the Website, however all the paid features will be cancelled immediately. We do not provide refunds or credits for any partially used membership periods. To cancel your membership, sign in to your account and follow the instructions for cancelling the subscription.


You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.


You agree to indemnify and hold PracTutor, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.


You agree to comply with all local rules regarding online conduct and acceptable Content in the country of your residence or where you are using PracTutor.


Disclaimer of warranties You expressly understand and agree that:


Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. PracTutor expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.


PracTutor makes no warranty or guarantee that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected (vi) it will improve your grades or scores.


Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.


No advice or information, whether oral, recorded or written, obtained by you from PracTutor or through or from the Service shall create any warranty not expressly stated in the Agreement.


Disputes; Mediation, Arbitration. In the case of any dispute between the user and PracTutor relating to this Agreement or terms, the user and PracTutor shall attempt to resolve the dispute through good faith discussions. If unable to reach an agreement on the matter within ninety (90) days, then either the user or PracTutor may upon written notice to the other party submit the dispute to non-binding mediation prior to any lawsuit being filed. Venue of any such lawsuit shall be decided by PracTutor or its parent company. PracTutor reserves the right to choose the venue in US or any other country.


Force Majeure. PracTutor shall not be liable for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment or any consequence thereof caused or occasioned by, or due to, fire, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, act or omission of third parties. PracTutor however shall use reasonable efforts under the circumstances to avoid or remove such causes for non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or cease.


Severability. If any one or more of the provisions contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired thereby, unless the absence of the invalidated provision(s) adversely affects the substantive rights of the parties. The user and PracTutor shall in such an instance use commercially reasonable efforts to replace the invalid, illegal or unenforceable provision(s) with valid, legal and enforceable provision(s) which, insofar as practical, implement the purposes of this Agreement.


Notices. All notices or other communications which are required or permitted under this Agreement shall be in writing and shall be sufficient if delivered personally, sent by nationally-recognized overnight courier requiring a signature upon delivery, or sent by registered or certified United States mail, postage prepaid, return receipt requested, addressed as follows: Practutor, 12806, Townepark Way, Louisville, KY 40243. PracTutor is not responsible or liable for loss of any such notices.


Limitation of Liability and Indemnification. You agree that PracTutor shall in no event be liable for any loss, expense or damage for loss of revenue, profits, savings, business or goodwill on account of the use, nonuse, or interruption in the provision of the Services. User recognizes that PracTutor is not responsible for how the Services are used by the user.


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