Terms of Use

Terms Of Use Policy

The User acknowledges that he or she is 13 years or above of age and acknowledge as follows:
  1. Participation on PREPMAGIC (includes prepmagic.com or all sub domains and owned web properties) includes participating in using interactive simulations, creating and use of lessons, creating and appearing for tests, quizzes, surveys, discussion forums, blogs, journals, and other activities (Collectively called Content Units) which may contain personal opinions or expressions of teachers, students, participants, or users. We or our partners; jointly or severally bear no responsibility and do not have any control over the content of Content Units. At no point do we screen, approve, review or endorse Content Units. By participating in PREPMAGIC you waive your right to hold us or our partners, directly or indirectly liable for any Content Units.
  2. We reserve the right to remove any Content Units in violation of this Use Policy from PREPMAGIC at any given time without prior notice;
  3. All Content Units available or submitted to Learning Hyperdrive Inc. (henceforth called the Company) via PREPMAGIC shall be deemed and remain the property of the Company. The Company reserves the right to use Content Units, for any purpose, anywhere and in any format, any ideas, concepts, know-how or techniques contained in the information you may provide to the Company through PREPMAGIC. The Company or its partner organizations shall not be subject to any obligations of confidentiality regarding such information, except as specifically agreed to or required by law. You are advised that the Company does not want you to provide and prohibits you from providing any information or materials to the Company that are defamatory, threatening, obscene, harassing, or otherwise unlawful or offensive, or that incorporate the proprietary material of another without authority;
  4. Accessibility and Accuracy: The Company will make reasonable efforts to include accurate and up-to-date information available to all users. The Content Units provided to the Users, may contain inaccuracies or errors and may change without any prior notice. THEREFORE, ALL INFORMATION ON THIS SITE, OR ANY OTHER SITE LINKED TO THIS SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain implied warranties in which event any required warranty applies to the minimum extent legally required. Neither the Company, nor any of its officers, or employees, or representatives, warrants the accuracy, reliability, adequacy or completeness, or timeliness, uninterrupted or error free access, of any information published on PREPMAGIC, nor endorses any content, viewpoints, products, or services linked to and from PREPMAGIC, and shall not be held liable for any losses caused by reliance on the accuracy, reliability, or timeliness of such information. No warranty or representation is made that the known defects will be corrected. Content, Services, Products or Functions available at PREPMAGIC may be changed or updated at any time without notice; but the Company has no obligation to update the Content Unit, hence the information may be out-of-date at any given time.
  5. Disabling devices: No warranty or representation is made that any Content Unit, Service, Results, Product or Function, including without limitation any downloadable files or Reports, available at this Site or any linked site is free of a computer virus, malware or other destructive or harmful program, software, code or device which may erase, scramble, lock or disable any computer software, content or equipment or may prevent users from using a site or any other item of hardware or software. You should routinely scan your system and downloaded files for such disabling devices.
  6. Any Attempt to access any other user's account, or misrepresent your identity is strictly prohibited;
  7. The User hereby agrees to (a) create and operate only one User Account at any given time; (b) not knowingly divulge or share access of his/her User Account with any third party;
  8. The User agrees to provide all information that is accurate and current. We hereby reserve the right to terminate User Account, at any time on the knowledge of falsified information;
  9. We reserve the right to cancel, suspend, terminate, and rename PREPMAGIC in part or entirely without any notice.
  10. No Affiliation: If provided, Certificates/Performance Reports may not be affiliated with any college, university or institution, and may not provide any academic credit to the User.
  11. No Agency, Employment or Partnership: you hereby understand and acknowledge that this Use Policy does not establish any relationship between You and the Company. Nor entitles you to access or use of the Company resources beyond what is provided by us through PREPMAGIC.
  12. No guarantee that PREPMAGIC will be free of viruses, worms, back doors, Trojan horses or other mechanisms which may harm your computer, tablet, hand-held device. No responsibility or liability shall be borne by the Company in this regard.
  13. No IPR on Content Units: Unless otherwise agreed to, through separate contractual obligations, you hereby grant the Company or its Partner Organizations a worldwide, perpetual, transferable, royalty-free and exclusive license to use, distribute, sub-license, reproduce, modify, adapt, or publicly display all Content Units whether in full or part, including but not limited to the feedback that you provide to us on PREPMAGIC.
  14. From time to time, the Company may provide links from this Site to a non-Company site or permit a link from a non-Company site to this Site. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the non-Company site or its owner. The Company does not control or review any link, and accepts no responsibility for the Content Units, Products or Services provided at these linked sites. Any opinions, advice, statement, services, offers, or other information expressed or made available by a third party, are those of such third party and not by the Company. The Company does not independently verify the information provided by third parties, does not guarantee the accuracy, completeness, timeliness or correct sequencing of such information, and assumes no responsibility for content displayed on this Site that may be provided by another party. If you decide to access such non- Company sites, you do so solely at your own risk and you should be aware that non-Company sites are governed by their own terms and conditions and privacy policies. Links to PREPMAGIC may be made only with the permission of The Company. A link to PREPMAGIC may be permitted at the Company’s discretion, where, without limitation, such link (a) is to PREPMAGIC (b) clearly informs users that the link is to the PREPMAGIC site, (c) does not imply any affiliation, endorsement, sponsorship or other relationship between the linking site or the site owner and the Company, (d) delivers this Site's Content without framing or similar environment, and (e) maintains the integrity of this Site's layout, content and look and feel. The Company reserves' the right in its sole discretion to refuse permission or to cancel permission to link to this Site at any time.
  15. Choice of Law: Construction of the disclaimers above and resolution of disputes thereof are governed by the applicable federal and state laws of Delaware, United States of America and shall apply to all uses of PREPMAGIC. By use of PREPMAGIC and any data contained therein, the user agrees that use shall conform to all applicable laws and regulations and user shall not violate the rights of any third parties.
  16. Copyright Policy: All of the information and content on PREPMAGIC, including but not limited to all Content Units, text, codes, layouts, illustrations, HTML files, graphics, images, software applications and code, video, audio, and user interface design ("Proprietary Information") is the property of the Company or the respective copyright holders or Licensors and is protected by United States and foreign copyright laws and conventions. You may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of PREPMAGIC or its Proprietary Information for commercial or non-commercial or public purposes or for any other purpose not expressly permitted by these Terms and Conditions. The use of the Content on any other site or in a networked computer environment for any purpose, or any other re-publication, redistribution or use of the Proprietary Information, including, without limitation, framing the Proprietary Information within another site, is expressly prohibited without the prior written permission of the Company.
  17. Limitation on Liability and Damages: IN NO EVENT WILL The Company BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTIONS, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE OR ANY OF OUR REPRESENTATIVES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO ANY USE OF OR INABILITY TO USE THIS SITE, OR ANY OTHER LINKED SITE, INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, THEFT, UNAUTHORIZED ACCESS, DISCLOSURES OF COMMUNICATIONS, OR ANY FAILURE OF PERFORMANCE. Some jurisdictions do not allow limitation or exclusion of certain liabilities or damages in which event in such jurisdiction the foregoing shall apply to the maximum extent allowed by law. You are responsible for the entire cost of all servicing, repair or correction of your property or operations, including without limitation your computer, network, software or any device, required as a result of or related to using this Site. In no event shall the Company’s total liability to you for damages, losses and causes of action of any kind - whether in contract, tort (including, but not limited to, negligence), and strict liability or otherwise - exceed the amount paid by you, if any, for accessing this Site.
  18. Termination of your User Account: we may terminate your user account, and delete all your details pertaining to you, stored on PREPMAGIC, at our sole discretion without any cause or prior notification.
  19. Storage of Data: We take no liability to store user generated data for any specific period of time and may choose to delete User data from PREPMAGIC without assigning any reasons or provide any advance notice for the same.
  20. Personally Identifiable Information: For all Users of age 13 years and above, we collect Personally Identifiable Information that you provide to us when you register for an account on PREPMAGIC, update or change information for your account, complete a survey, sign-up for email updates, participate in our public forums or blogs, send us email messages, and/or participate in the Content Units or other services on our Site. We may use the Personally Identifiable Information that you provide to respond to your questions, provide you updates about PREPMAGIC, and send you email messages about Site maintenance or updates.
  21. Account Registration: If you register for an account on PREPMAGIC, you may be required to provide us with Personally Identifiable Information such as your name, email address, date of birth, school name. If you participate in PREPMAGIC, we may collect from you certain student-generated content, such as test scores, surveys, feedback, assignments.
  22. Third Party Sites. We may receive Personally Identifiable Information when you access or log-in to a third party site, e.g., Facebook, from our Sites. This may include the text and/or images of your Personally Identifiable Information available from the third party site.
  23. Surveys. We may receive Personally Identifiable Information when you provide information in response to a survey operated by us.
  24. Third Party Credit Card Processing. The Company may provide you with the ability to pay for PREPMAGIC subscription, and other services using a credit card through a third party payment processing service provider. Please note that our service provider - not the Company- collects and processes your credit card information.
  25. Information You Voluntarily Provide. We may also collect demographic data, such as your date of birth, gender and zip code. When such data is not combined with any personally identifiable information ("PII"), such information is considered to be non-personally identifiable, as it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to display content according to your zip code. Such aggregate information is considered non-personally identifiable. Because non-personally identifiable information does not personally identify you, we may use such information for any purpose. For example, we may use this information for internal use such as to enhance web site security, to detect broad demographic trends, to assist the Company in providing content tailored to your interests, and to otherwise enhance your experience on this Site. This information may also be shared with third parties on an aggregate and non-personally identifiable basis.
  26. Monitoring Use: The Company reserves the right to monitor any and all use of PREPMAGIC in its discretion. However, unless required by law, we do not have any obligation to you to conduct such monitoring or to take any action based on any monitoring we may conduct.
  27. Security: You should be aware that in general information sent through the Internet is not secure. Services that may be provided through this Site generally are not encrypted and do not provide a secure and private means of communication with us. Certain services offered on this Site do provide a secure means to communicate with us, (this is indicated by an icon that appears on your screen when you are using such a service).For certain types of communications through this Site, we may require the use of encryption technologies provided for your protection and/or require you to use user identification information ("UserID") and passwords. You are responsible for the confidentiality and use of your UserID and password. If you become aware of any loss, theft or unauthorized use of your UserID and password immediately notify the Company. While the Company may provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. Please be aware that although passwords or other security protections may be in use, the Company reserves the right to monitor any and all transmissions, stored messages and routine backup copies of communications to ensure appropriate system usage.
  28. PREPMAGIC uptime: When using this Site problems may occur that are beyond the Company’s ability to correct. Access to PREPMAGIC may be limited or unavailable during periods of peak demand, systems upgrading, maintenance or other reasons. The Company, will not assume responsibility for such system failures and errors.
  29. Miscellaneous Governing Law (preferred clause): The laws of the State of Delaware govern these Terms and Conditions, without regard to its conflict of law’s provisions. If you take legal action relating to these Terms and Conditions or arising out of or relating to your use of this Site, you agree to file such action only in Delaware and you consent to submit to the personal jurisdiction of the state and federal courts of Delaware for the purposes of pursuing any such action. Any cause of action you may have with arising out of or related to your use of this Site must be commenced within one (1) year after the cause of action arises. The Company reserves the right to seek all remedies available at law and equity for violations of these Terms and Conditions, as well as the right to restrict access to this Site or any portion of it. The Company does not represent that the information in this Site is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. Those who access this site do so on their own initiative and are responsible for compliance with all applicable local laws
  30. U.S. Export Controls Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a National OR Resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or a resident of any such country or on any such list. You agree to comply with United States export control laws and that you will not transfer any software or other content from this Site in violation of United States export controls.
  31. Entire Agreement: These Terms and Conditions represent the entire agreement between the Company and you relating to the subject matter herein. If any provision of these terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severed from these terms and will not affect the validity and enforceability of the remaining provisions.