READY4 Ready4GMAT App
End User License Agreement
PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP.
By clicking the “accept” or “OK” button, or installing and/or using the READY4 Ready4GMAT mobile software application (together with its Content, Marks and services, the “App“) you expressly acknowledge and agree that you are entering into a legal agreement with LTG Exam Prep Platform, Inc., DBA Ready4 a Delaware corporation (“READY4“, “we“, “us” or “our“), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement“). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the App.
1. Background. The App is intended to provide practice material to help you improve your standard written English skills in preparation for the GMAT™ exam.
2. Ability to Accept. The App is only intended for individuals aged eighteen (18) years or older. If you are under 18 years please do not download, install or use the App.
3. License. Subject to the terms and conditions of this Agreement (including, but not limited to, your payment of any applicable fees), READY4 hereby grants you a personal, limited, revocable, non-exclusive, non-sublicensable, non-assignable, and non-transferable license (“License“) to: (i) download, install and use the App on a mobile phone, device or tablet (each a “Device“) that you own or control; and (ii) access and use the App on that Device in accordance with this Agreement and any applicable Usage Rules (defined below).
4. License Restrictions. You agree not to, and shall not permit any third party to: (i) rent, lease, lend, sell, sublicense or redistribute the App or make it available over a network where it could be used by multiple devices at the same time; (ii) copy (except as expressly permitted herein and the applicable Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, or decrypt the App, or modify, improve, or create derivative works of the App, or any part thereof (except to the extent that any of the foregoing restrictions are prohibited by applicable law); (iii) except as expressly set forth herein, copy, distribute or modify any part of the Content (defined below) without the prior written authorization of READY4; (iv) use the App to transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) use or launch any automated system (including without limitation, “robots” and “spiders”) in connection with, or to access, the App; (vi) use the App to collect or harvest any third party information, (including, without limitation, personally identifiable information); (vii) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the App; (viii) use any communications systems provided by the App to send unauthorized or unsolicited commercial communications; (ix) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (x) use the READY4 name, logo or trademarks without our prior written consent; (xi) download, install, use or permit the App to exist on more than one Device at a time or on any other mobile device or computer, other than by means of your separate downloads of the App, each of which shall be subject to a separate license (this restriction does not prevent you from reinstalling the App on the specific Device for which it was downloaded); and/or (xii) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
5. Account. In order to use the App and/or some of its features, you may have to create and register an account (an “Account“) with READY4. You agree not to create an Account for anyone else or use the account of another person. When creating your Account, you must provide accurate and complete information. You must keep your Account password secure. You must notify READY4 immediately of any breach of security or unauthorized use of your Account, at: 76 Summer Street, Boston MA 02110. You are solely responsible and liable for the activity that occurs in connection with your Account. You may delete your Account at any time by following the options within the App.
6. Payment. The App may be purchased from a third party mobile device platform or service provider such as, but not limited to, the Apple, Inc. (“Apple“) App Store or the Google Play Store (each, a “Distributor“). Such Distributor may make available to you various payment processing methods to facilitate the purchase of the App. You agree to abide by any relevant legal agreement, whether with the Distributor or any other party, which governs your use of a given payment processing method.
7. Usages Rules. If you are downloading the App from a Distributor, please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules“). We specifically refer to the Usage Rules of certain Distributors below in the section entitled “Distributor Requirements and Usage Rules,” but other Usage Rules may be applicable depending on from where the App has been downloaded. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference, are considered an integral part of this Agreement, and apply together with and not in lieu of the terms of this Agreement. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.
8. Your Use of the App.
1. Your use of the App may require and utilize internet connection or data access. Except as described in this Agreement, READY4 does not charge for your use of the App; however, certain third party service provider or carrier charges for internet or data usage may be applicable, and you agree to be solely responsible for any such charges.
2. Certain features or functionality of the App may be dependent on data related to your geographic location. You acknowledge and agree that if you do not provide or make such data accessible, then certain features of functionality of the App may be limited or not operate at all.
3. If you are using the App in a vehicle, you agree to: (i) comply with all applicable traffic laws; and (ii) if you are the driver, not to use the App unless your vehicle is stationary and legally parked.
9. Intellectual Property Rights.
1. The App is licensed and not sold to you under this Agreement, and you acknowledge that READY4 and its licensors retain all title, ownership rights and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the App and its related software. All references in this Agreement to the App include (i) the Content and Marks (defined below), (ii) its software, including the source and object code therein; and (iii) its tools and services.
2. The content on the App, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content“) and the trademarks, service marks and logos contained in the App (“Marks“), are the property of READY4 and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. Content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever. READY4 reserves all rights not expressly granted in this Agreement in and to the App, Content and Marks. If you download or print Content, you must retain all copyright and other proprietary notices contained therein. “READY4”, the READY4 logo, and other marks are Marks of READY4 or its affiliates. All other trademarks, service marks, and logos used on the App are the trademarks, service marks, or logos of their respective owners.
3. Both READY4 and you acknowledge that in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, READY4, and not you or the applicable Distributor, shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim.
10. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the App as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of READY4, its users or the public.
11. Information Sharing When You Use the App. You acknowledge and agree that when you use some features of the App (for example, chatting with a private tutor), the third parties with whom you may interact (in the example, the tutor) will have access or exposure to your information, including, without limitation, your name, courses you take or have taken, and your course score and progress, and such third parties may initiate communications with you.
12. Promotional Activities. You acknowledge and agree that READY4 may send you communications offering or promoting the products or services of our partners or affiliates. Moreover, you acknowledge and agree that we may share your email address and other similar information with any of our existing or future partners and affiliates and that such partners or affiliates may contact you, either directly or through the App.
15. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
16. Warranty Disclaimers
1. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. READY4 DOES NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT READY4 WILL CORRECT OR ATTEMPT TO CORRECT ANY ERRORS IN THE APP. YOU AGREE THAT READY4 WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM USE OF THE APP, INCLUDING BUT NOT LIMITED TO ANY AND ALL TECHNICAL PROBLEMS RESULTING FROM SUCH USE OR ATTEMPTED USE, FOR EXAMPLE, INTERNET CONNECTIVITY PROBLEMS (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR PROBLEMS WITH ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
2. YOU AGREE THAT: (I) YOUR USE OF, AND RELIANCE ON, THE CONTENT IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK; (II) THE GRADUATE MANAGEMENT ADMISSION COUNCIL™, WHICH OWNS THE GMAT EXAM, DOES NOT ENDORSE, NOR IS IT AFFILIATED IN ANY WAY WITH READY4 OR THE APP, AND YOUR USE OF THE APP DOES NOT GUARANTEE YOUR RESULTS ON THE GMAT EXAM; AND (III)READY4 SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU IN CONNECTION WITH ANY OF THE FOREGOING. READY4 EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.
17. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL READY4 OR OUR AFFILIATES AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS, OR ANY DISTRIBUTOR, BE LIABLE FOR ANY LOSS OF MONEY, DATA, BUSINESS, GOODWILL OR REPUTATION OR FOR SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARISE UNDER THIS AGREEMENT OR THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APP EVEN IF READY4 OR ANY DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION, TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT READY4’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES UNDER THIS AGREEMENT, OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO READY4 FOR USING THE APP WITHIN THE SIX (6) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM OR, IF NO MONEY WAS PAID, $10. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. Indemnity. You agree to defend, indemnify and hold harmless READY4 and our affiliates, and our respective officers, directors, employees and agents, and any Distributor, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) your interaction with another App user or third party. Without derogating from or excusing your obligations under this section, READY4 reserves the right (at its own expense), but is not under any obligation, to assume the exclusive defense and control of any matter, which is subject to an indemnification by you. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
19. No Obligation. Except as required by applicable law, READY4 is not obligated to maintain or support the App. Both READY4 and you acknowledge that the applicable Distributor has no obligation to provide you with any maintenance and support services with respect to the App.
20. Relationship with Distributor. Both READY4 and you acknowledge that: (i) this Agreement is concluded between READY4 and you only, and not with any Distributor; (ii) as between READY4 and Distributor, READY4 is solely responsible for the App and the content thereof; and (iii) notwithstanding the foregoing, the applicable Distributor and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
21. Product Claims. Unless expressly stated otherwise in the applicable Usage Rules, READY4, and not Distributor, is solely responsible for addressing any questions, comments or claims relating to the App and your possession and use thereof, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. If you have any questions, complaints, or claims regarding the App, please contact us at:
Address: 76 Summer St. Boston, Ma. 02110
22. Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
23. Updates and Upgrades. READY4 may from time to time provide updates or upgrades to the App (each a “Revision“), but is not under any obligation to do so. Such Revisions will be supplied according to READY4’s then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace and/or supplement the original App, unless the Revision is accompanied by a separate license agreement in which case the terms of that license agreement will govern the Revision.
25. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by READY4 without restriction or notification.
27. Distributor Requirements and Usage Rules.
Apple. If you downloaded the App from the Apple App Store, or are using the App with an Apple iPhone, iPod Touch, iPad, or other applicable Apple device, then your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement. You acknowledge and agree that in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price you paid, if any, for the App to you; and that to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be READY4’s sole responsibility. By downloading and using the App, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. By entering into this Agreement you hereby waive, to the extent legally permitted, any applicable law requiring that this Agreement be localized to meet your language or other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
28. Distributor Requirements and Usage Rules.
Google. If you downloaded the App from the Google Play Store, or are using the App with an Android device, then your use of the App is also subject to the Usage Rules established by Google, including those set forth in the Google Play Store Terms of Service, effective as of the date that you enter into this Agreement. You acknowledge and agree that in the event of any failure of the App to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price you paid, if any, for the App to you; and that to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be READY4’s sole responsibility. By downloading and using the App, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. By entering into this Agreement you hereby waive, to the extent legally permitted, any applicable law requiring that this Agreement be localized to meet your language or other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Google Licensed Application End User License Agreement which is part of the Google Play Store Terms of Service, at https://play.google.com/about/play-terms.html (as amended from time to time).
Last updated: September 03, 2016