Terms & Conditions

1. Introduction

Hello from the Unicorn Prep team!

Thanks for taking the time to learn more about us. We are striving to make the best test prep service for your money. The Unicorn Prep service ("the Site," or "the Service") is operated by Unicorn Prep, Inc. ("Company," or "Unicorn Prep").

By accessing this website, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

The materials contained in this website are protected by applicable copyright and trademark law.

2. Eligibility

In compliance with the Children's Online Privacy Protection Act, Unicorn Prep, Inc. does not permit children under 13 years of age to become users without their parent or guardian's express consent and approval.

By using our Site, you represent that you are not under 13 years of age or have had your parent or guardian give their personal information in lieu of giving yours. No part of Unicorn Prep’s website is structured to serve or attract anyone under the age of 13.

3. Registration Data; Account Security

If you sign up for any of Unicorn Prep’s services, you will have an account and a password. Access to password-protected portions of this Site is available only so long as you have paid all required fees to Unicorn Prep.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to Unicorn Prep material to anyone other than yourself. You agree to accept responsibility for all activities that occur under your account or password.

Unicorn Prep reserves the right to:

• Refuse service
• Terminate accounts
• Remove or edit content
• Cancel orders at its sole discretion

4. Use License

Permission is granted to a terminable, non-exclusive, non-transferable license to use Unicorn Prep, Inc.'s website for personal, non-commercial, transitory viewing only.

This is a grant of a license, not a transfer of title, and under this license, you may not:

• Modify or copy the materials
• Use the materials for any commercial purpose or public display (commercial or non-commercial)
• Attempt to decompile or reverse engineer any software contained on Unicorn Prep, Inc.'s website
• Remove any copyright or other proprietary notations from the materials
• Transfer the materials to another person or "mirror" the materials on any other server

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Unicorn Prep, Inc. at any time. Upon termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

5. Ownership; Proprietary Rights; Prohibited Uses

As between you and the Company, the Company and/or its licensors (including, without limitation, the Educational Testing Service) own all worldwide rights, title, and interest, including all intellectual property and other proprietary rights, in and to the Service, and all content and materials within and comprising the Service, including but not limited to:

• The Marks
• All usage and other data generated or collected in connection with the use thereof ("Company Materials")

Except as expressly set forth herein, you agree not to:

• License, distribute, sell, resell, trade, reproduce, duplicate, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise exploit or make any unauthorized use of the Company Materials
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithm, or programs underlying the Company Materials

The Company reserves the right to modify or discontinue the Service or any version(s) thereof at any time in its sole discretion, with or without notice.

"Marks" refers to any Unicorn Prep graphics, logos, designs, page headers, button icons, scripts, and service names that are registered trademarks, trademarks, or trade dress used on or in connection with the Service.

As a condition of your use of the Service, you agree that you will not:

• Use the Service for any unlawful or prohibited purpose
• Use the Service in any manner that could damage, disable, overburden, impair, or interfere with any other party's use of it
• Attempt to obtain any materials or information through any means not intentionally made available through the Service
• Scrape or otherwise use automated means to access or gather information from the Service
• Use false or misleading information in connection with your user account

The Company reserves the right to disable any user account that it believes (at its sole discretion) is false or misleading, including accounts that impersonate a third party.

6. Warranties and Disclaimers

The materials on Unicorn Prep, Inc.'s website are provided "as is." Unicorn Prep, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation:

• Implied warranties or conditions of merchantability
• Fitness for a particular purpose
• Non-infringement of intellectual property or other violation of rights

Further, Unicorn Prep, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Unicorn Prep and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that:

1. The Service will meet your requirements
2. The Service will be uninterrupted, timely, secure, or error-free
3. The results that may be obtained from the use of the Service will be accurate or reliable
4. The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations
5. Any errors in the software will be corrected

The Service may be temporarily unavailable from time to time for maintenance or other reasons. Unicorn Prep assumes no responsibility for any:

• Error, omission, interruption, deletion, defect, delay in operation or transmission
• Communications line failure, theft, or destruction
• Unauthorized access to, or alteration of, communications

Under no circumstances will Unicorn Prep be responsible for any loss or damage, including:

• Any loss or damage to User Content
• Personal injury or death
• Resulting from use of the Site or Service
• User Content or Third-Party Applications, Software, or Content posted on or through the Site
• Any interactions between users of the Site, whether online or offline

7. User Content

You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only.

You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will:

• Violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights
• Contain libelous, defamatory, or otherwise unlawful material

You are solely responsible for the photos, profiles, messages, notes, text, information, and other content that you upload, publish, or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively, "User Content").

You may not:

• Post, transmit, or share User Content on the Site or Service that you did not create or do not have permission to post

You understand and agree that the Company may, but is not obligated to:

• Review the Site and delete or remove (without notice) any Site Content or User Content at its sole discretion
• Remove any content that, in the sole judgment of the Company, violates this Agreement, is offensive, illegal, or might violate the rights, harm, or threaten the safety of users or others

You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire. However, you acknowledge that the Company may retain archived copies of your User Content.

8. User Conduct

You understand that the Site is available for your personal, non-commercial use only.

You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will:

• Violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights
• Contain libelous, defamatory, or otherwise unlawful material

Prohibited Actions

In addition, you agree not to use the Site to:

• Harvest or collect email addresses or other contact information of other users for the purposes of sending unsolicited emails or other communications
• Use the Site in any unlawful manner or in a way that could damage, disable, overburden, or impair the Site
• Upload, post, transmit, share, store, or otherwise make available any content that:
  • We deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable
• Use automated scripts to collect information from or otherwise interact with the Site
• Register for more than one User account, register for a User account on behalf of another individual, or on behalf of a group or entity
• Impersonate any person or entity or falsely state or misrepresent yourself, your age, or your affiliation with any person or entity
• Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
• Upload, post, transmit, share, store, or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
• Solicit passwords or personally identifying information for commercial or unlawful purposes
• Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
• Intimidate or harass any other user
• Upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or create liability under any law
• Use or attempt to use another's account, service, or system without authorization from the Company, or create a false identity on the Site
• Upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type

9. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Unicorn Prep OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO:

• The Service, including your use thereof
• Any other interactions with the Company

Even if the Company or a Company-authorized representative has been advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such a case, the Company's liability will be limited to the extent permitted by law.

IN NO EVENT SHALL THE TOTAL LIABILITY OF Unicorn Prep OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS.

This limitation shall apply notwithstanding any failure of essential purpose of any limited remedy.

10. Revisions and Errata

The materials appearing on Unicorn Prep, Inc.'s website could include technical, typographical, or photographic errors.

Unicorn Prep, Inc. does not warrant that any of the materials on its website are:

• Accurate
• Complete
• Current

Unicorn Prep, Inc. may make changes to the materials contained on its website at any time without notice. However, Unicorn Prep, Inc. does not make any commitment to update the materials.

11. Links

Unicorn Prep, Inc. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site.

The inclusion of any link does not imply endorsement by Unicorn Prep, Inc. of the site.

Use of any such linked website is at the user's own risk.

12. Site Terms of Use Modifications

Unicorn Prep, Inc. may revise these Terms of Use for its website at any time without notice.

By using this website, you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.

13. Governing Law

Any claim relating to Unicorn Prep, Inc.'s website shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

14. Proprietary Rights

You acknowledge and agree that:

• The Service and any necessary software used in connection with the Service contain proprietary and confidential information protected by applicable intellectual property and other laws.
• The content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

15. Indemnification

You agree to indemnify and hold Unicorn Prep and its affiliated companies, and each of their officers, directors, and employees, harmless from any claims, losses, damages, liabilities, costs, and expenses, including reasonable attorney's fees (any of the foregoing, a "Claim") arising out of or relating to:

• Your use or misuse of the Service (including without limitation for any competitive purposes)
• Breach of this Agreement
• Infringement, misappropriation, or violation of the intellectual property or other rights of any other person or entity

However, this indemnification does not obligate you if the Claim arises out of Unicorn Prep's willful misconduct or gross negligence.

Unicorn Prep reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

16. Entire Agreement

These Terms and Conditions of Use govern your use of the Service and constitute the entire agreement between you and Unicorn Prep.

• It supersedes any prior agreements between you and Unicorn Prep.
• Additional terms and conditions may apply when you use the services of service providers and others.
• These additional terms will not reduce, diminish, or eliminate any rights Unicorn Prep possesses with respect to these Terms and Conditions of Use.

17. Miscellaneous

• Any failure by Unicorn Prep to exercise any rights or enforce any of the terms of these Terms and Conditions of Use shall not constitute a waiver of such rights or terms.
• If any provision of these Terms and Conditions of Use or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms and Conditions of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.

18. Plan Period

You will be entitled to receive the Service only during the plan period ("Plan Period") specified by your payment confirmation.

19. Payment Terms

You agree to pay Unicorn Prep the fee specified in the Payment Form during the Plan Period ("Fee").

• A valid credit card is required to access the Service.
• The Fee is payable in advance for the Plan Period.
• Fees are non-refundable and non-transferable, unless otherwise stated in our Money Back Guarantee Policy.

Accordingly, if you elect to cancel your access to the Service during the Plan Period, you will not receive a refund of the Fee(s) previously paid to Unicorn Prep, unless otherwise stated in our Money Back Guarantee Policy.

20. Arbitration

19.1 Agreement to Arbitrate

This Section 19 is referred to herein as the "Arbitration Agreement."

The parties agree that any and all controversies, claims, or disputes between you and Unicorn Prep arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration, and not any court action (other than a small claims court action if the claim qualifies).

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

19.2 Class Action Waiver

THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

• Unless both parties agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims.
• The arbitrator may not preside over any form of a consolidated, representative, or class proceeding.
• The arbitrator may only award relief (including monetary, injunctive, and declaratory relief) in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s).

19.3 Procedures

• Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s ("AAA") rules and procedures ("AAA Rules"), as modified by this Arbitration Agreement.
• If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines otherwise.
• The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 8.

You may visit http://www.adr.org for more information on the AAA and http://www.adr.org/fileacase for information on how to file a claim.

19.4 Venue

• The arbitration shall be held in the county in which you reside or at another mutually agreed location.
• If the value of the relief sought is $10,000 or less, you or Unicorn Prep may elect to have the arbitration conducted by telephone or based solely on written submissions, which shall be binding, subject to the arbitrator’s discretion.
• Attendance at any in-person hearing may be made by telephone unless the arbitrator requires otherwise.

19.5 Governing Law

• The arbitrator will decide the substance of all claims in accordance with the laws of the state of Delaware, without regard to its conflicts of laws rules.
• The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users.

19.6 Costs of Arbitration

• Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules.
• Each party will be responsible for all other fees it incurs in connection with the arbitration, including attorney fees.

19.7 Confidentiality

• All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential.

21. Electronic Communications

When you visit this website and communicate with us electronically (e.g., by sending an email or ordering products online), you consent to receive communications from us electronically.

We will communicate with you by email or by posting notices on this website.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.