TERMS AND CONDITIONS OF SUBSCRIPTION

Please read these terms and conditions carefully and print and keep a copy for Your records. This page contains the user agreement (the "Agreement") between You ("You" or "Subscriber") and the owner of SpeedyPrep, LLC (the “Company”). You hereby agree to become a Subscriber to www.SpeedyPrep.com (the “Service,” “Subscription,” or “Site”) and its contents (the “Materials”) and agree to be bound by all terms and conditions described and contained in this Agreement. Your use of this Site constitutes Your agreement to the terms and conditions described in this Agreement. The Company agrees to provide You with all the privileges of a subscription to this Site available to a Subscriber in good standing. This Agreement is subject to change or modification by the Company at any time, and such modifications or changes are effective upon notice to the Subscriber by e-mail, mail, or posting at or via hyperlink to this Site.

Please also review our PRIVACY POLICY, which is part of this Agreement and which describes how the Company treats Your personal information. Each time the Subscriber uses the Service constitutes agreement with the current Terms and Conditions 

SERVICE CHARGES AND PAYMENT
The Company charges You for Services offered through the Site. Subscription to the Service is billed, at Your option, monthly (auto-renewing membership) or once (non-renewing/non-recurring membership). The Company alerts You at the point of offer when a subscription product is offered on an auto-renewing basis. As explained below, if You choose the auto-renewing membership option, the Company or PaySimple will automatically charge Your payment card monthly for an auto-renewing subscription unless and until You cancel Your subscription (see “Terminating Subscriptions”). After you complete the registration process, the Company will issue You an e-mail containing information regarding the membership option You have chosen and the associated billing implications as well as the complete "Terms and Conditions of Subscription."

Payment for the Service provided to You at and/or through this Site will be made by automatic credit or debit card payment and You hereby authorize the Company and/or its authorized agents, Paysimple or USAepay to transact such payments on Your behalf. Unless You have good reason to believe the credit card (or other approved facility) You use to purchase Your subscription is lost or stolen, You agree not to report that credit card (or other approved facility) as lost or stolen. You also agree not to dispute any authorized charge by Paysimple.com or the Company. Authorized charges include all automatic monthly renewal charges incurred by the Subscriber during the subscription period or prior to the subscriber canceling his or her account. The Company reserves the right to increase fees, including fees for Subscription-Based Services, or to institute new fees at any time, upon reasonable notice posted in advance on this Site or sent to You based on contact information You provide in Your registration data. If You purchase a Subscription-Based Service on an auto-renewing monthly basis, the rate for that Subscription-Based service is subject to change at any time for subsequent months, effective upon prior notice to You. 

You agree and acknowledge that if You fraudulently report the credit card (or other approved facility) used to obtain the Service or Materials from the Service as stolen, or if You fraudulently report that an authorized charge by the Company or Paysimple.com as unauthorized, You shall be liable to Paysimple and the Company for liquidated damages of $30,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability You may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement. If the Subscriber initiates a credit card or other bank dispute with the Company and the credit card company or bank makes a decision ruling in favor of the Company, then the Company will charge the Subscriber a one-time administrative fee of $75.

For the purposes of identification and billing, the Subscriber agrees to provide the Company with accurate, complete, and updated information required by the Site subscription registration to the Services including, but not limited to, name, address, telephone number, and applicable payment data (credit or debit card number, billing information, e-mail address, expiration date, CVV code, etc.). Failure to comply with this provision (including, but not limited to, falsification of any registration data) may result in, at the Company’s option, canceling or terminating the Subscriber’s right to use the Service.

The Subscriber agrees to promptly update his or her registration data to reflect any changes in this data. In the event of any and all suspected unauthorized use(s) of Your subscription, or any security breach, including, but not limited to, loss, theft, or unauthorized disclosure of Your username, password, or any other registration or payment (credit/debit card) information, the Subscriber will remain liable for any unauthorized use of his or her subscription until he or she updates his or her registration data on the Site. You may contact the Company via telephone at [(800) 421-0544] to provide updated registration or billing data or via e-mail at customerservice@speedyprep.com to request a webform to update registration or billing data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at the Company’s option, result in immediate suspension or termination of Your right to use our Site, including the Subscription-Based Services. 

The Company will provide the Subscriber, upon request, access to billing records that support charges for use of this Site.

In addition to the charges set forth above, the Subscriber agrees to pay any charges associated with connecting to or accessing the Site, including, but not limited to, telephone lines (including long distance or toll related charges), internet service, computer, telephone, and communication equipment, and any service fees necessary to access his or her subscription. Access to and use of You subscription is through the use of a password. The Subscriber also agrees to pay any charges associated with academic or testing fees, including, but not limited to, travel to and from a testing facility, exam fees, administrative fees, etc. Services provided by to the Subscriber by the Company shall not extend beyond access to the Site and general customer support issues. The Company does not provide academic counseling or other academic guidance support to Subscribers. 

NON-RECURRING (NON-RENEWING) SUBSCRIPTIONS:
If You choose to purchase a six-month Subscription-Based Service, You will be billed a one-time fee at the time You subscribe to the Service. Your access to a Subscription-Based Service will terminate six months from the date You purchase access to the Service. For example, if You subscribed on January 15, Your access will terminate on July 14 of the same year.

AUTO-RENEWING (Auto-Recurring) SUBSCRIPTIONS:
Trial Subscriptions: If You purchase a trial subscription, You hereby agree that the PaySimple may immediately authorize Your credit card (or other approved facility) in the amount equal to the then-current trial/first month rate. The Company and/or PaySimple will only charge that amount to Your credit card (or other approved facility) if You elect to terminate Your trial/first month subscription prior to becoming a regular subscriber. If You purchase a trial subscription, and decide to terminate Your trial subscription, You must cancel your Subscription per the terms set forth in the CANCELLATION POLICY (see below). If You do not cancel AT LEAST three (3) days prior the end of the Trial Period, You are agreeing to continue as a regular subscriber upon the terms and conditions for regular subscriptions set forth herein, and You authorize the Company to charge Your credit card (or other approved facility) at the then-current monthly rate on the monthly anniversary of your Subscription until You request termination of Your subscription according to the terms hereof. The maximum term of this agreement is 100 months. Unless and until this agreement is cancelled in accordance with the terms hereof, subscriber hereby authorizes SpeedyPrep, LLC to charge subscriber's chosen payment method to pay for the ongoing cost of membership. Subscriber hereby further authorizes SpeedyPrep, LLC to charge subscriber's chosen payment method for any and all additional purchases of services provided by the site. You are responsible for any charges imposed by Your credit card issuing bank for exceeding Your account limits or overdrawing Your account. If You have a question about a transaction on Your credit card statement, please contact Customer Service.

Regular Subscriptions: If You purchase a regular subscription, or if You do not cancel Your Trial subscription prior to the end of the trial period, You authorize the Company and/or PaySimple to charge Your credit card (or other approved facility) for periodic subscription fees according to the then-current billing terms for the Service. Subscription fees are non-refundable whether or not termination is at Your request. All Subscriptions will automatically renew on the monthly anniversary date of the Subscription unless Your subscription is cancelled per the terms of the CANCELLATION POLICY (SEE BELOW). The maximum term of this agreement is 100 months. Unless and until this Agreement is cancelled in accordance with the terms hereof, the Subscriber hereby authorizes SpeedyPrep, LLC to charge the Subscriber's chosen payment method to pay for the ongoing cost of membership. Partial or unused months will not be refunded. You are responsible for any charges imposed by Your credit card issuing bank for exceeding Your account limits or overdrawing Your account. The Company reserves the right to increase fees on reasonable notice posted advance on the Site or sent to you based on the contact information You provide in your registration data. You are liable for any subscription charges incurred by You up to and until termination of the Service. If You have a question about a transaction on Your credit card statement, please contact Customer Service. 

CANCELLATION POLICY FOR RECURRING SEBSCRIPTIONS:
You may cancel your monthly subscription Site service at any time subject to the following terms:

If you purchase a monthly Subscription-Based Service, which is billed monthly, you may cancel at any time by visiting the following webpage: www.SpeedyPrep.com/cancel; enter the following information in the webform fields: username, last name, and e-mail address (as they appear in your original registration data); and click “submit.” Partial or unused months will not be refunded. Cancellation notice must be submitted to SpeedyPrep at least three (3) days prior to the next monthly anniversary of your subscription date. For example, if you subscribed on June 13, you must cancel by July 10 in order to avoid additional monthly charges. Upon cancellation, your access to an online Subscription-Based Service will terminate on the next monthly anniversary of your subscription date. For example, if you subscribed on June 13 and cancel on June 30, your access will terminate on July 12.

In addition to canceling a Subscription-Based Service, which is billed monthly, through the cancellation web form, you may also e-mail us at customerservice@speedyprep.com or write to us at SpeedyPrep, LLC PO Box 592975, San Antonio, TX 78259 (with both e-mail and postal mail cancellations, please include your SpeedyPrep username, your last name, and your e-mail address). SpeedyPrep will e-mail the Subscriber within 24 hours of the cancellation notification with a time/date-stamped cancellation number. Any Subscriber with a billing inquiry or dispute related to cancellation must provide SpeedyPrep with the cancellation number.


SUBSCRIBER RESPONSIBILITY:
The Subscriber is fully responsible for reviewing the material and content presented on the Site and reviewing the course list on the SITE PRIOR to signing up for the Service. If the potential Subscriber has questions about the Service, he or she is responsible for contacting the Company PRIOR to signing up for a membership. Subscriber dissatisfaction with the Site, including, but not limited to, dissatisfaction with the Materials, does not constitute grounds for a refund. If the Subscriber decides to terminate or cancel the trial subscription FOR ANY REASON and AT ANY TIME during the trial period, the Company WILL NOT refund the trial subscription fees to the Subscriber unless the subscriber has met the requirements set forth in the 100% pass rate/money-back guarantee (please see the "MISCELLANEOUS" section).

If the Subscriber has a question about a charge from the Company on his or her payment card, the Subscriber is responsible for contacting the Company and seeking to inquire about and/or resolve the concern prior to contacting his or her bank. If any questions or disputes arise regarding account cancellation, the Subscriber must provide the Company with his or her cancellation confirmation e-mail (including time-stamped cancellation number) in order to support claims of account cancellation.

SUBSCRIPTIONS ARE NON-TRANSFERABLE / PASSWORD PROTECTION: 
Subscriptions may not be assigned or transferred to any other person or entity. You may not provide any other person or entity access to Your subscription, either directly or indirectly. This includes, but is not limited to, sending Your username and/or password to other parties and making Your user name and/or password available where others may access them. You will select a password as part of the registration process. This password is for Your individual use only and You must keep Your password strictly confidential. Allowing others to gain unauthorized access to the Service or Site is a breach of this Agreement and a violation of law. You are responsible for maintaining the confidentiality of the password You use to access the Service and agree that the Company will have no obligations with regard thereto.

VIEWING, ACCESSING AND DOWNLOADING THE MATERIALS:
You hereby warrant and affirm that it is legal to download, receive, use, or cause, allow, or enable others to view, download, receive, or use the materials where You are located. Direct or indirect viewing, downloading, receiving, or using of materials in a location in which the Company does not authorize such access, viewing, downloading, receiving, or using is not allowed. The Company does not authorize or allow You to access, view, download, receive, use, transmit, broadcast, or distribute any Materials to any person or entity in or at any and all locations or areas that are prohibited by law (“Prohibited Areas”). You also acknowledge and agree that the Company does not permit You to cause or make it possible for others to directly or indirectly access, view, download, receive, or in any way use, the Materials.
You agree to be personally liable and fully indemnify the Company and Paysimple.com for any and all damages directly, indirectly and/or consequentially resulting from Your attempted or actual unauthorized downloading or other duplication of materials from the Service alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from this Site including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s). In addition, as previously stated, the Company is not responsible for ANY of the Subscriber's expenses or fees related to the actual CLEP exam process, including but not limited to, travel or personal expenses, exam/testing fees, or administration fees.

LIMITED NON-TRANSFERABLE NON-EXCLUSIVE LICENSE GRANTED TO SUBSCRIBER:
If You comply with the terms and conditions set forth in this Agreement, the Company grants You non-transferable, non-exclusive, limited right to access and use this Service and/or Site and its materials and contents during the period in which You are a current Subscriber in good standing with the Company. The contents of Site are only for Your personal, noncommercial use. You may only use the Materials on one computer at a time. You agree not to interrupt, or attempt to interrupt, the operation of the Site or any part of it in any way. The Company allows You to make a single copy of any downloadable materials on the Site and use that copy for Your personal, non-commercial use and enjoyment only; all proprietary notices must remain on the Materials at all times. Otherwise, You are only allowed to use Materials in a manner that complies with this Agreement. Any other use of Materials requires prior written authorization from Company.

All Materials available through the Site or Service are proprietary, with the exception of public domain material or material licensed to Company for electronic dissemination. Any and all Materials on the Site are proprietary and shall be used only for initial downloading. Copying, selling, transmitting, exploiting, redistributing, displaying, reproducing, or other downloading of the Site and any portion thereof must be first approved in writing by Company. United States copyright laws as well as international copyright conventions and other applicable laws protect the Site and all its Materials (including, but not limited to, text, images, software, databases, and Services) and editions (collectively, the “Content”), including matter used in conjunction with the Site. All intellectual property contents are owned by the applicable content owner and may be protected by copyright and/or other applicable laws. All rights are reserved. You agree not to use any trademarks, logos, names, Service marks, or other things, images, or objects, that identify Company or its employees, providers, or affiliates (collectively “Affiliates).

You agree to use this limited, non-transferable, non-exclusive license in a manner that complies with the terms and conditions described herein. Any use of this limited, non-transferable, non-exclusive license that does not comply with these terms and conditions, or any action or reason that causes You to no longer be a Subscriber in good standing with Company, will result in Your automatic termination. Upon such termination by the Company, You agree to destroy any and all copies of Your Materials from or related to the Site or Service.

PRIVACY POLICY:
The Company contracts with another company, PaySimple, in order to provide certain services on our behalf, including credit and debit card processing. The Company and PaySimple are committed to safeguarding Your privacy as You sign up for and use this Service. The personal information You provide to the Company allows PaySimple.com to perform their credit and debit card processing services and allows the Company to maintain Your Subscription and engage in any necessary communication with You, the Subscriber. The Company’s goal in collecting information is to make our Services available to You. Any and all personal information You provide to the Company and PaySimple.com will only be used in ways in which You have consented. The Company and PaySimple.com process and maintain Your information in a strictly confidential and secure manner and they do not sell, share, trade, rent, lend, or otherwise disperse it to any other parties.
If at any time the Subscriber wishes for the Company to share Subscriber account-related information with an outside party, then the Subscriber must provide the Company with a certified copy of a legal document authorizing the outside party to act on behalf of the Subscriber and have access to Subscriber account-related information.
Third party vendors, including Google, show ads for the Company on sites on the internet. These third party vendors use cookies to serve ads based on Your prior visits to the Site. You may opt out of Google's use of cookies by visiting the Google advertising opt-out page.

NO EXPRESS OR IMPLIED WARRANTIES: 
You, the Subscriber, use the Site at Your own risk and bear the entire risk of the quality, usefulness, and success of all Materials and Services provided to You by the Company. The Company provides all Materials and Services to You on an “AS IS” basis. The Company does not provide or imply any type or kind of warranties, including, but not limited to, any warranties related to the accuracy, accessibility, profitability, or contents of Materials within the Site. If You experience damages to Your computer or encounter any problems as a result of using this site, You, the Subscriber, and not the Company, shall assume the full responsibility, including but not limited to, all costs, which may result from any and all such difficulties. The above warranty disclaimer is essential to the Agreement; however, if the Subscriber resides in a state that does not allow exclusions of implied warranties, this disclaimer may not apply to the Subscriber and he or she may possess other legal rights. You, the Subscriber, are entirely personally responsible for any damages including, but not limited to, computer failure, computer malfunction, commercial damages, damages for loss of goodwill, academic delays, academic progress, academic tuition, and damages related to work stoppage. The Company is not responsible for any Under no circumstances will the Subscriber hold liable the Company, its Suppliers, licensees, resellers, or other Affiliates for any and all damages indirectly or directly related to the use of the Service, Site, or its Materials.

LIMITATION OF LIABILITY:
You, the Subscriber, use the Site at Your own risk. Any liability of the Company and Paysimple.com, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of membership fee paid by or on behalf of the Subscriber to Company for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You agree to indemnify, defend, and hold harmless the Company and its Affiliates from and against any and all liability, costs, and/or damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through this Site.

MISCELLANEOUS:
100% Pass Rate Guarantee/Refund Policy: Although the Company provides thorough preparatory courses for the exam, it cannot ensure that each student will obtain a passing CLEP exam score. Use of this Service or Site in no way constitutes a relationship with Your college, university, or educational institution, or with CLEP or the College Board; in addition, use of this Service or Site does not imply or ensure a passing CLEP score. 
In the event that the Subscriber uses the Service to prepare for a CLEP exam and does not obtain a passing score on that exam, he or she may submit, via certified, return receipt mail, e-mail, or fax, a copy of the SpeedyPrep Course Completion Certificate, failed CLEP exam score report, and his or her full name, username, and e-mail address (as they appear in the current registration data) to the Company within two weeks (fourteen days) of the date on which the Subscriber took the exam. The Company will deny all refund requests by the Subscriber that do not include a printout of the course completion certificate. Upon receiving the CLEP exam grade printout, the course completion certificate, and the necessary contact information described above, the Company will refund the Subscriber up to 120 days (four months) of his or her subscription fees. The CLEP exam score report must reflect a failed score. The basis for a failing/passing score will be the American Council of Education (ACE) guidelines. The CLEP exam taken by the Subscriber MUST correlate with (i.e. have the same name as) one of the preparatory courses offered by the Company or Service. The amount of the refund will be determined based on the date the Subscriber first subscribed to the Service and the date he or she took the CLEP exam. If the Subscriber fails to submit the refund request to the Company prior to the next billing date, the refund will only apply to the membership fees incurred up to the date of the CLEP exam. Upon receiving a copy of the failed CLEP exam score report and a copy of the course completion certificate, the Company will issue the refund within ten (10) business days and e-mail the Subscriber to confirm that the refund request has been received, validated, and processed. If the Subscriber elects the non-recurring membership option and meets the criteria described above, a pro-rated refund will be applied to the Subscriber’s account. In addition, the Company manages its credit and refund policy on a case-by-case basis in order to determine the best course of action for the specific customer's issue. 

Age Restrictions:
You represent and warrant to the Company that You are at least eighteen (18) years old and that You possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.

Links to Other Sites:
The Site contains links or references to other sites on the Internet that may be maintained by third parties. Such links do not constitute an endorsement by or affiliation with the Company or its Affiliates of any third-party site or its materials or contents. The Company does not control, and is not responsible for, the availability, accuracy, or privacy policy of such third-party sites or any information, content, products, materials, references, or Services accessible from such third-party sites.

Financial Responsibility:
You agree not to transfer, assign, or sub-license Your rights as a Subscriber to the Services. You agree to be financially responsible for all usage and/or activity on Your account with the Service.

Communication:
Notices from this Site to Subscribers may be given by means of e-mail, by general posting on this Site, or by conventional mail. Communications from You to the Company may be made by e-mail, Company-issued web form, fax, conventional mail or telephone. We may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. All notices, complaints, comments, or questions to this Site may be sent in the following manner:
a. By means of the web site form
b. By telephone to this site's Customer Service Department during normal business hours at 1-800-421-0544
c. By e-mail to the Site’s Customer Service Department: customerservice@speedyprep.com
d. By conventional mail: SpeedyPrep, LLC PO Box 592975, San Antonio, TX 78259
e. By fax: 1-800-421-6889

General:
This Agreement constitutes the entire agreement between Subscriber and Company with respect to the Subscriber’s use of this Site, its Services, and all Materials indirectly and directly related to the Site. This agreement supersedes any and all prior agreements between Subscriber and Company. Failure by Company to enforce any provision of this Agreement shall not be deemed a waiver of any provision or right. This agreement shall be governed, interpreted, and enforced by the laws of the state of Tennessee and the United States. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Unless it has been otherwise stated explicitly, this Agreement’s provisions shall survive its termination. 

YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS BY INITIALING WHERE INDICATED BELOW AND BY AUTHORIZING THE USE OF YOUR PAYMENT CARD FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO THIS SITE. ENTER YOUR INITIALS IN THE BOX PROVIDED BELOW TO INDICATE THAT YOU HAVE READ THE MEMBERSHIP AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, AND CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE MEMBERSHIP AGREEMENT. 

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE DO NOT SIGN UP FOR A SUBSCRIPTION.