Terms of Use

Last Updated: August 18, 2022

 

Welcome to PrepForward, provided to you by University Instructors LLC (“UI”). The following terms and conditions, together with any documents and policies they expressly incorporate by reference (collectively, the “Terms”), govern your access to and use of the PrepForward website, including the use of any content, functionality, software, and related resources.

 

Acceptance of Terms

Please read these Terms carefully before accessing any of the content, technology, or functionality of PrepForward’s offerings (collectively, the “Services”). These Terms set forth the legally binding terms and conditions for your use of the Services. By using the Services in any manner, you accept and agree to be bound by these Terms. If you do not agree to the Terms, or any portion thereof, please refrain from accessing or using the Services.

 

Changes and Modifications

UI reserves the right, at our sole discretion, to modify or replace the Terms by posting updated terms on the PrepForward website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.  Please review the website periodically for changes. If you do not agree to any or all posted changes, please do not continue to access or use the Services.

Accessing PrepForward Content and Services

UI will do our best to ensure that the Services are operational at all times, except for periodic down times relating to updates and maintenance. We will not be liable if for any reason the Services are unavailable at any time or for any period.  We will provide a customer support e-mail and will respond within a reasonable time period to all service and help requests. We cannot be held responsible for Internet outages, faulty connections, or other connectivity issues beyond our control.

In order to purchase content on the PrepForward website, you may be required to provide your name, address, credit card information, or other information. It is a condition of your use of the Services that all information you provide is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy, available at https://www.prepforward.com/privacy-policy/ and incorporated herein by reference.

Copyrights, Trademarks, and Service Marks
PrepForward and its original content, features, and functionality are owned by UI and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  No right, title, or interest in or to PrepForward or any content, functionality, technology, or other intellectual property rights associated with the Services is transferred to you, and all rights not expressly granted are reserved by UI. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold, or distributed without the prior written consent of UI. If you wish to request a license or permission to use content or materials owned by UI, please send a request to ehogan@pcgus.com.

Standards of Conduct

You are permitted to use the Services for your personal, non-commercial use only. You must not:

Linking to the Services

You may link to our Services on your own websites and social media sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement by UI without UI’s express prior written consent. We reserve the right to withdraw linking permission without notice.

Reliance on Information Posted

Articles, information, content, and other materials posted on the site are for educational and informational purposes only and are not intended to be and do not constitute legal, financial, or other professional advice under any circumstances. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any visitor to the site, or by anyone who may be informed of any of its contents.

Age Requirement

UI does not collect any information from any person under 16 years of age. If you are aged 16 years or younger, please do not access or use the Services. If you are 16 or older but under the age of 18, you should review the Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to all Terms. If you are under 18, you may only use the Services with the supervision and involvement of a parent or guardian. We reserve the right to refuse access to any minor who attempts to use the Services without the involvement of an adult.

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms, or a breach thereof, shall be settled by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitral decision may be enforced in any court.

Governing Law, Jurisdiction and Venue

All matters relating to the Services or these Terms and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision or rule.

Geographic Restrictions
The Services are controlled and offered by UI from its facilities in the United States of America.  If you are accessing or using the Services from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law.

Indemnification

You agree to indemnify and hold harmless UI from and against any and all losses, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless UI from and against any and all claims brought by third parties arising out of your use of any of the Services.

Limitation of Liability

Except to the extent required by applicable law and then only to that extent, in no event will UI, its employees, contractors, officers, directors, subsidiaries, parents, affiliates, assigns, or agents be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the Services (or the termination thereof for any reason), even if foreseeable or if any form of notice has been provided.

 

Warranties

UI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Violation of this Agreement
Any user who violates the Terms may be blocked from future access from using the Services.  We may terminate your access to the Services without cause or notice, which may result in the forfeiture and destruction of all information associated with you. If you are blocked from access to the Services, you may not create a new account under a different name. All provisions of the Terms shall by their nature survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Your Comments and Concerns

For questions regarding the Terms, please contact us at info@prepforward.com.