Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE. WHEN PLACING AN ORDER, YOU WILL NEED TO CONFIRM YOUR AGREEMENT TO THESE TERMS AND CONDITIONS TO COMPLETE YOUR ORDER. IF YOU DO NOT SO CONFIRM YOUR AGREEMENT, YOUR ORDER WILL NOT BE PROCESSED.

These terms and conditions of use (“Site Terms”) apply exclusively to your access to and your use of the current and future online and mobile websites, platforms, services, applications, and networks owned or operated by Learners Edge, LLC (“Company”), including without limitation, at, www.passprepproduc.wpenginepowered.com and www.passageprep.com and all subdomains (collectively the “Site”), ordering, purchasing, and participating in Company courses (“Courses”) and the information and other services provided therein (the “Services”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Company, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and Company for violations of these Site Terms.

Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Company will provide notice of these changes by posting the revised terms on the Site and indicating on the Site Terms the date it was last updated. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site. YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THIS SITE OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE.

THIS AGREEMENT CONTAINS AN AUTOMATIC RENEWAL PROVISION AND AN ARBITRATION PROVISION.

FOR NEW JERSEY RESIDENTS, TO THE EXTENT ANY TERM HEREOF (OR OF ANY RELATED AGREEMENT INCORPORATED HEREIN) IS SUBJECT TO THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT (“TCCWNA”) AND SUCH TERM, IF ENFORCED AS PROVIDED HEREIN, IS CONTRARY TO OR VIOLATIVE OF ANY CLEARLY ESTABLISHED RIGHT YOU HAVE UNDER STATE OR FEDERAL LAW, SUCH OFFENDING TERM(S) SHALL BE DEEMED OMITTED FROM THESE SITE TERMS (AND SUCH USER AGREEMENT), AND YOUR AGREEMENT TO THESE SITE TERMS DOES NOT AND WILL NOT IN ANY WAY CONSTITUTE A WAIVER OF YOUR RIGHTS UNDER THE TCCWNA.

User Name and Password

In order to access certain portions of this Site, and to register for a Course, you may be required to register by providing information in a form requested by Company (“Registration Form”). Any contact information you provide may be used by us in accordance with our Privacy Policy, which also allows you to manage your email subscription preferences. Company may accept or reject any Registration Form in its sole discretion. You represent that the information provided when registering is accurate, complete and current and that you will update such information from time to time as necessary. These Site Terms shall be incorporated into, and form an integral part of, each Registration Form. As part of the registration process, your email address will serve as your user name (“User Name”), and a password will be selected by you (“Password”) to access your account. Your User Name and Password will be your credentials to access the restricted portions of this Site.

You are solely responsible for all use of our Site under your User Name and Password and for maintaining the confidentiality of your User Name and Password. You will promptly notify Company of any actual or suspected unauthorized use of our Site or your User Name or Password. If you cannot remember your Password, you will be prompted to reset your Password by following the instructions on the Login page.

Consent to Receive E-mails

By providing Company your email address or by establishing a User Name with the Site and each time you access a Course or submit an Order through this Site, you consent to receive e-mails from Company, which may include commercial e-mails. You may unsubscribe to emails by clicking the unsubscribe link when you receive an email from Company.

Intellectual Property

Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Company logo, and all designs, text, graphics, pictures, videos, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Company or its affiliates, assigns, licensors, subsidiaries, suppliers and/or other providers, and are protected by U.S. and international 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. Title to the Site and any portion thereof is retained by Company or its licensors or suppliers and is furnished hereunder on a licensed basis as described herein.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Site for your personal use only. As a condition of your use of the Site, you warrant that you will not use our Site for any purpose that is unlawful or prohibited by these Site Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You will not, and will not allow others to, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content or software, in whole or in part, found on the Site. The Site is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any content, and in particular you will not delete or alter any proprietary rights or attribution notices with any content or software.

Digital Millennium Copyright Act Policy

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating the accounts of, in appropriate circumstances and at Company’s sole discretion, users who are deemed to be repeat infringers. Company may also, at its sole discretion, limit access to this Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or user is a repeat infringer, please provide information sufficient for us to verify that the account holder or user is a repeat infringer when filing your notice.

Notifications of claimed copyright infringement should be sent to the Site’s designated agent (see below). ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Company will process and investigate notices (each, a “Notice”) of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of Notices complying with the DMCA, Company will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company the following information in your Notice (to be effective, the Notice must include ALL of the following):

a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly being infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number and e-mail address, and all other information reasonably sufficient to permit Company to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

Notices of claimed copyright infringement should be directed to Company’s designated agent:

Learners Edge, LLC

2805 Dodd Road

Suite 200

Eagan, MN 55121

Attn: Copyright Agent

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records.

Trademarks

Company, the Company logo and any other product or service name or slogan contained in the Site are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. [LEARNERS EDGE is a trademark of Company].All Rights Reserved. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark, and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

Orders

The acceptance and fulfillment by Company of any order (“Order”) placed on this Site for a Course, content bundles or the like, a time-bound subscription for videos, or other related content (“Subscription”) is subject to your acceptance of and compliance with all of these Site Terms. To purchase any Course or Subscription on this Site, you must be legally permitted to enter into a legally binding contract (at least eighteen (18) years old in most jurisdictions). Unless another payment method is agreed to by Company, prior to the purchase of any Course or Subscription on this Site, you must provide a valid credit card number and related payment information. By submitting that information to us or our third party payment processor, you hereby authorize Company to charge your credit card for such purchases.

Subscription Auto-Renewal

SUBSCRIPTIONS SHALL BE AUTOMATICALLY ENROLLED IN AUTO-RENEWAL WHEN YOUR ORDER IS PLACED. When placing an Order for a Subscription, you will be automatically enrolled to have your Subscription automatically renew at the end of each time-bound Subscription period (“Period”) and your credit card will be charged the fee for the following Period 2 days in advance of the start of the next Period, unless you opt-out of the auto-renewal feature by changing your election on your My Account page at least 2 days in advance of the expiration of the then-current Period.

All prices for any Course or Subscription on this Site are quoted in U.S. currency, and are subject to change at any time without notice. Company makes no representations or warranties regarding the availability of products and services in all areas. Company shall have the right to refuse or cancel any Orders listed at an incorrect price, or containing any other incorrect information or typographical errors. Company shall have the right to refuse or cancel any such Orders whether or not the Order has been accepted by Company and/or your payment has been processed.

Unless you notify Company in writing at info@passagepreparation.com of any discrepancies in charges for Orders within sixty (60) days of the erroneous charge(s) appearing on your credit card statement, you agree that such charges will be deemed accepted by you for all purposes hereunder. Such notice shall describe the amount in dispute, and you further agree to provide Company with any additional information and verifications requested by Company. In the event Company does not receive payment from your credit card issuer, you shall pay all amounts due upon demand by Company. If Company is unable to collect amounts owed on your accounts, Company may refer those accounts to a collection agency, and you will be responsible for all costs of collection.

In the event you violate any of the Site Terms, or if your Subscription is not renewed, all rights and licenses granted to you hereunder shall immediately terminate. Any provision of these Site Terms that by its very nature or context is intended to survive any termination, cancellation or expiration hereof or thereof, including without limitation confidentiality and indemnification provisions, shall so survive.

Payment Terms

You agree that you will pay for all Subscriptions and Courses in which you enroll through the Site, and that Company may charge/debit your credit card or other designated payment method for any such purchases, and for any additional amounts (including any taxes, fees, or other charges) that may be accrued by or in connection with your use of the Subscriptions or Course enrollment. The total price to you for such purchases will include applicable taxes, if any, based on the bill-to address provided by you. Prices may change at any time, and the prices set forth on the Site do not provide for price protection or for refunds in the event of any subsequent price reduction or promotional offering. Company reserves the right, with or without prior notice, to limit or discontinue the availability of any product or service, and to not honor or otherwise impose additional conditions on any promotional code or limited promotions.

Given the nature of digital content, all sales of digital books and materials separate from a Course are final.

The 30-day Subscription fee will be the amount agreed to at the time of enrollment. Thereafter, Company has the right to increase or decrease any such fee by providing you notice of such increase or decrease at least 60 days prior to the effective date of such change. If you elect for your Subscription to be automatically renewed as provided above, you hereby expressly authorize Company to charge the applicable fees to the credit card you used to pay for your initial Subscription.

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING COMPANY WITH A VALID PAYMENT METHOD FOR PAYMENT. You agree to accept responsibility for all activities that occur under your account or password. On the registration payment page, you will be given the option to make a one-time payment or to have a set number of consecutive monthly charges/debits posted to your credit card or other designated payment method for your Subscription, Course enrollment, or other purchases on this Site. If you elect to terminate your authorization for extended payments all unpaid amounts will become immediately due and payable and will be immediately charged/debited to your credit card or other designated payment method. Notwithstanding any early termination of authorization, you remain liable for all charges due for Subscription, Course enrollment, or other purchases made on this Site.

Promotional Codes

Certain subscriptions may be eligible for promotional codes. The promotional code must be entered at checkout in order to be applied to your eligible Order, and cannot be applied after an Order is submitted. The promotional codes are promotional discount codes for eligible products, and have no cash redeemable value. Each promotional code can be used only once per user per account, unless otherwise specified, and are non-transferrable. Promotional codes can only be redeemed online. The promotional codes are valid for a limited time only, and expire on the last day of the promotion period at 11:59 PM Eastern Standard Time (EST).

You must be 18 years or older to redeem a promotional code. Each promotional code is redeemable on select product subscriptions only, and may require a minimum dollar value purchase. Promotional codes cannot be used in combination with other discounts, coupons, promotions, shipping specials or other promotional code. Upon entering the promotional code and purchasing an eligible Subscription, the promotional code will apply to both your initial Subscription Period and any subsequent consecutive renewals of such Subscription unless modified or canceled by Company or if you deactivate your account or cancel your auto-renewal feature found on your account page on this Site. If you purchase a Subscription after deactivating or cancelling your account or the auto-renew feature, you will be charged at the then-current, non-promotional subscription rate.

We may send push notifications from time to time in order to update you about events or promotions. If you no longer wish to receive such communications, you may turn them off at the device level. Company reserves the right to modify or cancel any promotional code at any time.

Refund Policy

Without limiting any of the forgoing, our Course refund policy lasts 30 days. To be eligible for a refund or credit for a Course (as further described below), you must notify us in writing within 30 days of registering for a Course at info@passagepreparation.comwith the stated reason for your cancellation. Unfortunately, we cannot offer you a refund or further credit toward Company Courses if 30 days have passed since you have registered for a Course. If you are requesting credit toward another Company Course, we will be happy to assist you in enrolling in a Course that you believe will better suit your needs for no additional fee; provided that the substituted Course is of the same type. You are responsible for any additional costs or fees applicable to a substituted Course.

You may cancel a Subscription at the Account Access page at www.passprepproduc.wpenginepowered.com at least three days prior to the expiration of the of the then-current Period. Unfortunately, we cannot offer a refund or credit for Company Subscriptions fees that have already been charged.

If you are eligible for a requested refund, your refund will be processed and a credit for the remaining amount will be applied to your credit card or original method of payment within 30 days of approval of your request.

Company reserves the right to deny any refund or credit request in its sole discretion. Company also reserves the right to modify its cancellation and refund policy at any time, or from time to time, by posting notice of same on this Site.

Third Party Sites

The Site may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality (e.g., use of social media on or through the Site)). We do not control such materials or websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or others. Inclusion of any such materials or linked websites on the Site does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the Site to access these materials or third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while viewing such materials or on such sites. We are not responsible for information provided by you to third parties.

Third Party Services

The Site may also contain, provide information regarding, or link to certain applications and services provided or offered by third parties (collectively the “Third-Party Services”). Company is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Company makes no guarantee, representation, or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy, or completeness of any such Third-Party Services or the results. You assume full responsibility for your use of any such Third-Party Services, and Company is not responsible or liable for any Third-Party Services.

User Posted Content & Other Interactive Services or Areas

Anything you submit to the Site, other than your personal information, is “User Content” and becomes the property of Company and Company can use that information for any purpose without acknowledging or compensating you. The Site may include areas in which users may post content and information. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, including without limitation any recommendation, endorsement, rating, or review of a professional with whom you have not had direct, personal experience in a professional context or as a client or patient of such professional;

User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;

User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;

User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for professional services, professional service providers, or professional referral services;

Private or confidential information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;

Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;

Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and

User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying Site or which may expose Company or its users to any harm or liability of any type.

Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company. In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than yourself.

Disclaimers and Acknowledgements Regarding Use of Site Information

The site, the site materials and the services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Company disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content or materials in the site. Company does not represent or warrant that site materials, including the information available in or on the site, or the services are accurate, complete, reliable, current or error-free. Company does not represent or warrant that the site or its servers are free of viruses or other harmful components.

Limitation of Liability

In no event shall Company or any of its corporate affiliates, independent contractors, service providers or consultants, or any of their respective directors, employees and agents, be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to medical outcomes, the outcome of legal matters, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way related to or connected with any use of the site, the services, the content or the materials contained in or accessed through the site, including without limitation any damages, loss or injury caused by or resulting from reliance by user on any information obtained from Company or the site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Company’s records, programs or services. The aggregate liability of Company, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating in any manner to the use of the site or the site materials, shall not exceed any compensation you pay, if any, to Company for access to or use of the site.

Indemnification

You agree to defend, indemnify and hold harmless Company, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.

Arbitration

PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS. By using this Site, you agree that Company, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Site Terms concerning or, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth above. Any award in an arbitration initiated under this clause shall be limited to monetary damages (as further limited herein) and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

Applicable Law and Venue

These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and to be entirely performed within the State of Minnesota (even if your use is outside of the State of Minnesota), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state and federal courts located in Hennepin County, Minnesota and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Site Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

NOTICE OF IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING: Notwithstanding anything herein to the contrary, under the Federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any Federal or state trade secret law for the disclosure of a trade secret that: (A) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order. Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.

Company controls its Sites (excluding linked sites) from the United States of America, and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site in locations where the use of such content is illegal is prohibited.

Termination

Notwithstanding any of these Site Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Privacy Policy

Company Privacy Policy is found at this link and is fully incorporated herein by reference.

Contact Information

If you have any issues or concerns with your experience with us, please contact us at info@passagepreparation.com right away.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us at: