Terms Of Use
Five Star Prep Llc. maintains this website, any courses offered and other linked and related sites (the “Site”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following terms. Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between you and Five Star Prep Llc. If you do not agree to these terms, do not use this Site.
1. Use of Site
Five Star Prep Llc. provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site (the “Materials”). Five Star Prep Inc. authorizes each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.
2. Operation of Website
Five Star Prep Llc. will use reasonable commercial efforts to keep this Site available for access on a 24 hour a day, seven day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Our hosting platform, for example, may become unavailable for short periods during system maintenance or updates beyond our control. Five Star Prep Inc. does not warrant that the operation of this Web Site will be error-free, that defects will be corrected, or that this Web Site or the servers that make it available are free from viruses or other harmful components.
You are solely responsible for obtaining telecommunications access to the Site and any fees (such as internet service provider or airtime charges) relating to such access. Similarly, you are solely responsible for all equipment necessary to access this Site. Users are responsible for maintaining a service connection capable of streaming video content.
3. Accounts
If you enroll in any Five Star Prep’s test preparation services you will have an account and a password. Access to password protected portions of this Site is available for only so long as you have paid all required fees to Five Stat Prep Inc. You are responsible for maintaining the confidentiality of your account and password and for restricting access to Five Star Prep’s Site course material to anyone other than yourself. You agree to accept responsibility for all activities that occur under your account or password. Five Star Prep Llc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
4. Refunds
We do not offer refunds once the course has been purchased.
5. Operation of Website by Individuals Under 18 Years Old
The Site is intended for the use of adults 18 years or older and children over the age of 13. You are not permitted to use the Site if you are under the age of 13. By using the Site, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 13 in accessing the Site or to attempt to contact children under 13 through the Site.
6. User Warranty
As a User you warrant that you are not an agent or employee of any other test preparation company and the Site and Materials solely for the purpose of increasing your ACT® or SAT® score.
7. Trademark and Copyright
Five Star Prep Inc., and certain other brands, trademarks, and service marks are marks of Five Star Prep Llc. and its affiliates. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.
8. Hyperlinks
Links to external websites are provided solely as a convenience to you. Five Star Prep Inc. has not reviewed all of the external websites accessed by its hyperlinks and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
9. No Warranty
The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Five Star Prep Llc. further does not warrant the accuracy and completeness of the Materials at this Site. Five Star Prep Llc. may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and Five Star Prep Llc. makes no commitment to update the Materials at this Site.
10. Limitation of Liability
In no event will Five Star Prep Llc., its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, those resulting from lower test scores, interruption of services or inaccurate information) arising out of the use, inability to use, or the results of the use of this Site, any websites liked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
11. Applicable Law
The Terms of Use are governed by the laws of the the Unites States of America. Failure to enforce strict performance of the Terms of Use shall not be construed as a waiver of any provision or right. Five Star Prep Llc. may assign its rights and duties under the Terms of Use without notice to any party at any time.
12. Effective Date and Updates
The Terms are effective as of April 2, 2021 and are subject to change without notice by Five Star Prep Llc. at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.
13. User Content
By submitting content, regardless of form or medium, (collectively, “User Content”), you grant us a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, license to use, publish, publicly display and sublicense User Content, in whole or in part, in original form or as edited or modified by us, in all languages, forms and media, on the Site and elsewhere, unless otherwise agreed to in writing. We reserve the right, but not the obligation, to edit, modify and/or remove your Content without prior notice.
You are solely responsible for your User Content, and you represent that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) use a false identity or impersonate any other person or use a name that you are not authorized to use; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or give rise to civil liability or is otherwise inappropriate.
Data Collection: By using our online course and creating a login, we collect and retain certain data from you. By using this course, you agree to allow for such data collection. For a full explanation of our data collection practices please see our Privacy Policy.
14. Copyright Agent
Reporting to Copyright Agent: If you are a copyright owner or agent thereof and believe that any of the Site Materials infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) to our Copyright Agent with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) 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 (VI) 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 authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached as follows:
By email: courses@fivestarprep.com
Waiver of Jury Trial: The parties hereby irrevocably waive any and all right to trial by jury in any legal proceedings arising from or relating to these Terms and Conditions.
Choice of Law and Forum: Any dispute between us arising from or related to these Terms and Conditions will be governed by Florida law and the exclusive forum for disputes arising from or related to this agreement shall be the state and federal courts of Florida
Sever ability: If any provision of this Agreement is ruled unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable.
All comments, queries and requests relating to our use of your information are welcomed and should be addressed as follows:
Email: courses@fivestarprep.com
Disclaimer:
ACT® is a registered trademark of ACT, Inc. ACT, Inc. does not endorse, nor is affiliated in any way with the owner or any content of this website.
SAT® is a registered trademark of the College Board. The College Board does not endorse, nor is affiliated in any way with the owner or any content of this website.