Product Prep Inc. Subscription Terms and Conditions
Product Prep Learning software and interactive website services are owned and operated by Product Prep Inc, a New York Corporation.
This Subscriber TERMS OF SERVICE (“Terms of Service”) constitute a binding contract between you (“Subscriber”) and Product Prep Inc (“Company”). The Terms of Service apply to prodprep.com, as well as any other affiliated sites, digital services, or applications on which a link to these Terms of Service appears. In these Terms of Service, the words "you" or "your" or “customer” refer to each Subscriber, site visitor, or application user. The words "we", "us" and "our" refer to Company, and the words "Product Prep" and "Service(s)" or "Website" refer to all services provided by us.
“Effective Date” - refers to the date that the Company confirms Subscriber’s right to use the Subscription Website.
“Supporting Documents / Files” - refers to the files (documents, photos, and other downloadable resources) that an learner may use during the applicable course.
“Free Trial” - refers to a temporary right to use the Subscription Website at no charge during the permissible no fee trial period and in accordance with any applicable terms, including, but not limited to, Acceptance of these Terms of Service. A Free Trial may or may not require the insertion of credit/debit card information.
“Public Website” - means that portion of the Website that is available for use by any person without the need to be a Subscriber.
“Services or Service” - means the Public Website, the Subscription Website, and their entire contents, features and functionality (including but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the Exercise Files, and any other documentation pertaining to the foregoing).
“Subscriber” - also referred to as “Member”, refers to an individual that has the right to access the Subscription Website via a Subscription Fee (“Paid Subscription”), Free Trial, or other basis. A Subscriber must be at least 18 years of age or, as applicable, the age of majority in the country, state or other jurisdiction in which the Subscriber resides (and if a minor, have the permission of a parent or legal guardian to access the Subscription Website), and possess the legal right and ability to enter into binding contracts.
Subscriber agrees to treat password, usernames, and other security information (“Authentication Information”), as confidential and to not provide any other person with access to the Subscription Website or portions of it using Subscriber’s Authentication Information. Subscriber acknowledges that their Authentication Information is for their own personal use and is expressly prohibited by the Company to be shared with anyone else for any reason whatsoever. Subscriber will notify the Company immediately of any unauthorized access to, or use of, Authentication Information. The Company has the right to disable any Subscriber or Authorized End User access to the Services at any time, in its sole discretion [for any or no reason, including] if, in the Company’s opinion, Subscriber has violated any provision of these Terms of Service or appear likely to do so.
“Subscription” - refers to a right to use the applicable portion of the Subscription Website as a Subscriber under a Paid Subscription, Free Trial, or other form of right and/or fee to access the Subscription Website.
“Subscription Term” - means the period of time that a Subscriber may utilize the applicable portion of the Subscription Website.
“Subscription Website” - means the applicable portion of the Website that is available only to a Subscriber.
“Website” - means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in Company's website located www.prodprep.com (or such other web address notified by the Company to Subscribers at any time), and includes the entirety of both the Subscription Website and the Public Website
- The information available through the Service is the property of the Company or its licensors, and is protected by copyright and other intellectual property laws. Any printouts or digital product using or referencing content from the Service may contain a copyright notice along with Product Prep logo(s) that appear throughout this website, and you may not delete or alter the copyright notice(s) included on any downloaded file. You are granted a non-exclusive, non-concurrent, non-transferable, limited license to access the Service. The Service is available ONLY for the designated person identified in your order and may not be shared with other non-designated persons or entities. The account owner and each designated user are responsible for the confidentiality and use of the user's name and personal password and all activity and use under the user name and password. You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the Service to anyone else without the express prior written consent of the Company. You may use information from the Service, but copying, distributing or otherwise making available Product Prep or its licensors' copyright-protected content from the Service to third parties is forbidden. You are prohibited from: (i) using or permitting the use of the information to prepare an original database that is sold, rented, published, or furnished in any manner to a third party or (ii) using or permitting the use of the information to prepare a comparison to other databases that is sold, rented, published, or furnished in any manner to a third party; (iii) using or permitting the use of the information for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published or furnished in any manner to a third party.
- (i) Accounts accessed with individual user name and password are granted a non-exclusive, non-concurrent, non-transferable, limited license to access the Service. The Service is available ONLY for the number of designated users identified in your order and may not be shared with other non-designated persons or entities. The account owner and each designated user are responsible for the confidentiality and use of the user's name and personal password and all activity and use under the user name and password; (ii) Accounts accessed through IP authentication or referring URL are granted a non-exclusive, concurrent, non-transferable, limited license to access the Service. Access to the Service is limited to the number of simultaneous users specified in your order. In the event an account reaches the concurrency limit, we reserve the right to deny access to any and all users in excess of the number of simultaneous users specified on the order. Any account accessed with individual user name and password, whether concurrent or non-concurrent, is subject to the restrictions regarding sharing of user name and password previously set forth.
- We reserve the right to monitor your use of the Service to ensure compliance with this Agreement and prevent fraudulent use. You acknowledge that such monitoring of use may include determining whether or not the Service is accessed under the account from multiple IP addresses, as well as noting excessive downloads or a disproportionate number of users. Systematic access or extraction of content from the Service, including, but not limited to, the use of "bots" or "spiders," is prohibited. If such monitoring indicates you are not in compliance with this Agreement or if fraudulent activity is suspected, we reserve the right to take such action as we deem necessary, including, but not limited to, assessing additional charges for users or downloaded records in excess of the number authorized, or suspension or termination of the account.
Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution and the Internet, there may be delays, omissions, or inaccuracies in obtaining or accessing such information and the Service. The Service is provided on an "as-is", "as available" basis. Company and its affiliates, agents, and licensors cannot and do not warrant the accuracy, completeness, current ness, non-infringement, merchantability, or fitness for a particular purpose of the information available through the service, or the service itself. Neither Company, nor any of its affiliates, agents, or licensors shall be liable to the subscriber or anyone else for any loss or injury caused in whole or in part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting, or delivering the service and any information through the service. In no event will Company, its affiliates, agents, or licensors be liable to the subscriber or anyone else for any decision made or action taken by the subscriber in reliance on such information, or for direct, consequential, special or similar damages, even if advised of the possibility of such damages. The subscriber agrees that the liability of Company, its affiliates, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort, negligence or otherwise), in any way connected with the service or the information in the service, shall not exceed the amount the subscriber paid to Company for use of the service.
4. Warranties/Limitations with respect to Compliance Courses
Product Prep makes no guarantees against fines or penalties from any regulators. Our compliance course are strictly for education purposes and training on Federal Regulations. Dealers are responsible for their compliance adherence and in no way do our information courses suggest advise or actions a dealer should take to mitigate compliance infractions.
We bill You or your Agent through a billing account (your "Billing Account") for use of the Service. You or your Agent agree to pay us all charges at the prices then in effect for any use of the Service using your Billing Account. We reserve the right to correct any errors or mistakes that your payment provider makes even if your payment provider has already requested or received payment.
If Subscriber cancels a Free Trial before it expires, Subscriber’s or Agents will not be charged. If Subscriber does not cancel before expiration of the Free Trial, Subscriber will automatically be enrolled in the appropriate membership (depending on Subscriber’s Free Trial sign-up choice), and Subscriber’s or Agents billing account will be billed accordingly.
The Subscription Term or effective period end date shall be stated on each purchase.
Current Information Required.
You must provide current, complete and accurate information for your Billing Account for you or your Agent. You must provide your Dealership or Company name to which you are affiliated with.. If you fail to provide to us any of the foregoing information, you agree that we may continue charging you for any use of the service under your Billing Account unless you have terminated your subscription for the service (confirmed by you in writing upon request by us).
E. Automatic Renewal.
Recurring charges are billed in advance of service. Subscriber authorizes the Company to bill Subscriber’s or Agent’s Billing Account with Subscribers preferred Payment Method, on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term). If, for any reason, Subscriber’s credit/debit card company refuses to pay the amount billed for the Services, Subscriber agrees that Company may, at its option, suspend or terminate Subscriber’s subscription to the Services and require Subscriber to pay the overdue amount by other means acceptable to the Company. Company may charge a fee for reinstatement of suspended or terminated accounts. Subscriber agrees that until its subscription to the Services is properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Services. In the event legal action is necessary to collect on balances due, Subscriber agrees to reimburse the Company for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in United States dollars.
Subscriber acknowledge that the Company is not responsible for any overdrafts of any kind, at any financial institution, or third party payment processor such as PayPal, caused by our deduction of your initial or automated subscription payments. You also give us permission to attempt to debit your account on 3 different occasions should your initial or automated payment be rejected for any given reason. You further acknowledge that no full or pro-rated refunds are granted on the basis of forgetting to cancel your Subscription, and that cancellation of your payment will immediately terminate access to your Subscription.
One Time Fee Model
Should you opt in to the one-time fee model, you will only be charged a one-time payment and will retain access to the course you purchased for a duration of 12 months. After the 12 months period, the course access will expire and you will no longer have access to the site. Should you have a need to access the site past the 12 months, simply email us at firstname.lastname@example.org and we will review your request on a case by case basis. Product Prep is under no obligation to extend the term of the course or to renew the course, but can choose to do so at its own discretion.
This Agreement contains the final and entire agreement between us and supersedes other verbal or written negotiations, understandings or agreements. Your rights and obligations of this Agreement are not assignable. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of New York.
9. Return Policy.
All orders are considered final, with no returns or refunds implied or stated. By subscribing to our Service, you agree for your credit card to be charged the indicated amount. In an effort to ensure your satisfaction with your member experience at Product Prep, we strongly urge you to please contact us immediately at email@example.com so that we may assist in resolving any account issues on your behalf.