3. Receipt and Collection of Information. We occasionally collect Personal Information from users. In each case, you will only be required to provide the Personal Information that we need in order to be able to provide the services you have requested. You may be entitled under data protection laws to access and review the Personal Information that we hold on you, if you provide the necessary consent and background information and pay any mandated fee. All such communications regarding access to your personal data should be addressed to: 76 Summer Street, Boston MA 02110 USA. Such enquiries should clearly be marked as data protection queries and as being time sensitive.
In particular, we receive and/or collect Personal Information from you in the following ways:
3.1. Accounts. In order to use the App, and/or some of its features, you may have to create and register an account (an “Account“). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify READY4 immediately of any breach of security or unauthorized use of your Account. 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.
3.2. Practice Session Scores. If you answer practice questions using the App, we may collect your total scores from these practice sessions.
3.3. Third Parties. To the extent that you use the App to communicate with third parties, including linked websites, you acknowledge agree that READY4 may transmit to such third parties any such communications, including, without limitation, any personally identifiable information embedded in such communications. In addition, if your communication with the third party authorizes us to share additional information with such third party on an ongoing basis (for example location data), we may do so.
3.4. Aggregated Information. You understand and agree that READY4 may de-identify and aggregate any information collected through and/or stored on the App, including, by way of example but without limitation, your geographic location, demographic group, age, and education level (“Aggregated Information”). You agree that READY4 owns all Aggregated Information and may use it for any purpose and communicate it to any third party without any obligation to you.
3.5. Feedback. If you send us feedback, we will receive and store a copy of your email address, as well as any other Personal Information you disclose.
3.7. App Log-Files and Other Tracking Technologies. We may collect limited information from your device in order to provide the App and its related services. Such information may include your device type, device ID, and date and time stamps of App use. In addition, we may deploy log-files and tracking technologies within the App to help us gather aggregate statistics, but we will not use Personal Information for such purposes.
3.8. Site Cookies, Log-Files and Tracking Technologies. Our Site may utilize “cookies”, log-files, and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about Site activity. Certain cookies and other technologies may serve to recall Personal Information previously indicated by a Site user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to block cookies or to notify you if you receive a cookie.
4. The Way We Use Personal Information. If you submit or if we collect Personal Information through the Service, then such Personal Information may be used in the following ways:
4.1. To provide the Service to you, to improve the Service, to contact you in response to a feedback request or in connection with certain programs or offerings that you may have registered for, and to identify and authenticate your access to the App.
4.2. We may send you in-App notifications regarding the App, our services and third party advertisements.
4.5. We may disclose your Personal Information or any information you submitted via the Service if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce any applicable terms of service, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of READY4, our users, yourself or the public.
5. Use of Anonymous Information. We may use Anonymous Information (as defined below), or disclose it to third party service providers, to provide and improve the Service. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners, for purposes including, but not limited to, targeting advertisements. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about use of the Service.
6. Opting Out. You may choose not to receive future promotional, advertising, or other App-related notifications from us by changing the notification settings on your device. If you choose not to receive notifications, you may still use the App but you may not receive, or may be unable to use, certain services that involve our interaction with you.
7. Choice. At all times, you may choose whether or not to provide or disclose Personal Information. The notices that we provide on the App and Site in circumstances where we collect Personal Information should help you to make this choice. If you choose not to provide the Personal Information we request, you may still use the App and Site, but you may be unable to access certain programs and services that involve our interaction with you.
8. Access/Accuracy. To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any other of your Personal Information that we may be storing, you may submit a request to us by sending an email to firstname.lastname@example.org. Your email should include adequate details of your request.
10. Links to Other Sites. The App and Site may contain links to third party websites that are not owned or controlled by us. We are not responsible for the privacy practices or the content of such other third party websites, and you visit them at your own risk.
13. Security. The security of your Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security, you can contact us at email@example.com.
Please be aware that certain Personal Information and other information provided by you in connection with your use of the App may be stored on your device (even if we do not collect that information). You are solely responsible for maintaining the security of your device from unauthorized access.
14. Merger, Sale or Bankruptcy. If we are acquired by or merged with a third party entity, or if we are subject to a bankruptcy or any comparable event, we reserve the right to transfer or assign Personal Information in connection therewith.
15. California Online Privacy Protection Act Notice
On September 27, 2013, California enacted A.B. 370, amending the California Online Privacy Protection Act to require website operators like us to disclose how we respond to “Do Not Track Signals”; and whether third parties collect personally identifiable information about users when they visit us.
(1) We do not track users, who do not interact with its sharing functionality across the web, and therefore do not use “do not track” signals.
(2) We do not authorize the collection of personally identifiable information from our users for third party use through advertising technologies without separate member consent.
California Civil Code Section 1798.83 also permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org. Please note that we are only required to respond to one request per customer each year.
17. Dispute Resolution
Any questions or concerns regarding the use or disclosure of personal information should be directed to the Better Business Bureau at the address given below:
Council of Better Business Bureaus, Inc.BBB EU Safe Harbor
3033 Wilson Boulevard, Suite 600
Arlington, VA 22201 U.S.A.
We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between us and the complainant, we have agreed to participate in the dispute resolution procedures of the Better Business Bureau pursuant to the Safe Harbor Principles.
Last updated: September 3, 2016
BY ACCESSING, USING, OR BROWSING THIS WEBSITE OR ANY OF ITS CONTENT, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE THAT: (1) YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS; (2) YOU AGREE TO BE BOUND BY ALL OF THESE TERMS; (3) THESE TERMS ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND US; AND (4) IF ACCESSING, USING, OR BROWSING THIS SITE OR ANY OF ITS CONTENT ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THESE TERMS.
IF YOU ARE NOT WILLING TO BE, OR CANNOT BE, BOUND BY ALL OF THESE TERMS, INCLUDING WITHOUT LIMITATION, THEN DO NOT ACCESS, USE, OR BROWSE THIS SITE OR ANY OF ITS CONTENT. MOREOVER, WE DO NOT, AND WILL NOT, GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE, OR BROWSE THIS SITE OR ITS CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
You must exercise caution, good sense, and sound judgment in using this Site. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations, and if a criminal violation is suspected, We will cooperate with law enforcement agencies in their investigations. We explicitly disclaims liability for any and all losses and damages arising from your failure to comply with these Terms. These Terms govern your (i) use of the websites www.prep4GMAT.com, and any other website that operates (each, together with its content and services, the “Site“); and (ii) to the extent that such use is not covered by a separate end user license agreement entered into between you and READY4, your use of a mobile application that READY4 licenses to you, including without limitation, the READY4 READY4GMAT Application, (each, together with its content and services, an “App“). The Site and App are individually and collectively referred to as the “Service“. In addition to these Terms, access and use of this Site is subject to all applicable laws, statutes, and regulations. We make no representation that materials or content of the Site are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.
2. Ability to Accept Terms. The Service is not intended for individuals under the age of 18 years. If it comes to our attention through reliable means that a registered user is under the age of 18 years, we may, to the extent applicable, cancel that user’s Account (as defined below) and/or access to the Site.
3. Service Access. We hereby grant you permission to use the Service, provided that: (i) you will not copy, distribute or modify any part of the Service without our prior written authorization; (ii) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iii) you will not disrupt servers or networks connected to the Service; (iv) you agree not to (a) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Service; (b) collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Service; and/or (c) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Service; (v) you will not use the communications systems provided by the Service to send unauthorized commercial communications; (vi) you will not use the Service for any unlawful, harmful, irresponsible, or inappropriate purpose; (vii) you will not use the READY4 name, logo or trademarks without our prior written consent; and (viii) you comply with these Terms and applicable law.
4. Account. In order to use the Service, you may have to create and register an account (an “Account“). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify READY4 immediately of any breach of security or unauthorized use of your Account. As between you and READY4, 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 Service.
5. Intellectual Property Rights. The content on the Service, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and User Submissions (collectively, the “Content“) and the trademarks, service marks and logos contained therein (“Marks“), are the property of READY4 and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. We reserve all rights not expressly granted in and to the Service and the Content. If you download or print a copy of the Content for personal use, 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 Service are the trademarks, service marks, or logos of their respective owners.
6. User Submissions
6.1. Responsibility. The Service may permit the submission, hosting, sharing and publishing of Content by you and other users (“User Submissions“). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Service (including User Submissions) at any time and for any reason.
6.2. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize READY4 to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Service and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in your User Submissions.
6.3. License. By submitting any User Submissions to READY4, you hereby grant READY4 a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Service only, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Service a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
6.4. Prohibited Content. You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) 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; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
6.5. Exposure. You understand and acknowledge that when accessing and using the Service (i) you may be exposed to User Submissions which are submitted by a variety of sources, and that READY4 is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against READY4 with respect to (i) and (ii) herein.
6.6. Modification to/Deletion of a User Submission. You may modify or delete at any time any User Submission that you posted by using the applicable tools provided within the Service.
6.7. Spam. You agree not to, and will not, use the communications systems provided by the Service to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
6.8. Disclosure. We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, 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.
7. Payments. The Service may include the option to purchase certain products or services from us. If you choose to purchase a product or service from us, you agree (i) that we (or one of our service providers) may charge your credit card for the purchase (including, as applicable, for recurring charges such as monthly or other types of periodic payments) and such other amounts (including any taxes and late fees, as applicable) that may accrue in connection with the purchase; (ii) to only provide valid and current information for (a) yourself; or (b) another person, but only if you have first obtained their express consent to do so; (iii) that we may use the tools, software or services of third-party service providers, including but not limited to the Apple App Store and the Google Play Store to process transactions on our behalf; (iv) that prices for products or services may change at any time; and (v) all purchases are final and non-cancellable or non-refundable. You agree to abide by any relevant legal agreement, whether with any third party service provider or other party, which governs your use of a given payment processing method. You agree to comply with all applicable tax laws, including the reporting and payment of any taxes arising in connection with your purchase of any products or services through the Service.
9. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Service (including, without limitation, any pricing) 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.
11. Warranty Disclaimers
11.1. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU AGREE THAT READY4 WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (INCLUDING, WITHOUT LIMITATION, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS), ANY TELECOMMUNICATIONS CARRIER, AND/OR ELECTRICITY OR BATTERY OUTAGES.
11.2. READY4 DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN A USER SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON, OR FACILITATED VIA, THE SERVICE. YOUR RELIANCE OR USE OF ANY SUCH CONTENT, PRODUCT OR SERVICE IS ENTIRELY AT YOUR RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT READY4 SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11.4. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER USERS OF THE SERVICE (INCLUDING USERS TO WHOM YOU HAVE SENT A USER SUBMISSION) AS WELL AS ANY THIRD PARTY SERVICE PROVIDERS THAT YOU ENGAGE. IF YOU HAVE A DISPUTE WITH ANY SUCH USER OR THIRD PARTY SERVICE PROVIDER, YOU AGREE THAT READY4 IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. READY4 RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL READY4, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE EVEN IF READY4 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 SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO READY4 FOR USING THE SERVICE WITHIN THE SIX (6) MONTHS PRECEDING THE DATE GIVING RISE TO SAID CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnity. You agree to defend, indemnify and hold harmless READY4, its affiliates, and their respective officers, directors, employees and agents, 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 Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) your interaction with another Service user or third party service provider; or (v) any claim that your User Submission(s) caused damage to a 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
14. Term and Termination. These Terms are effective until terminated by READY4 or you. READY4, in its sole discretion, has the right to terminate your access to the Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of the Site Terms). READY4 shall not be liable to you or any third party for termination of the Service, or any part thereof. If you object to any term or condition of the Site Terms, or any subsequent modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. Upon termination of these Terms, you shall cease all use of your Account and, if applicable, the App.
15. Assignment. These Terms, 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 to you.
16. General. READY4 reserves the right to discontinue or modify any aspect of the Service at any time. The Site Terms and the relationship between you and READY4 shall be governed by and construed in accordance with the laws of England and Wales, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the competent courts located in London, England and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that READY4 may seek injunctive relief in any court of competent jurisdiction. This Section 17 and Sections 5 (Intellectual Property Rights), 6.3 (License), 10 (Privacy), 12 (Warranty Disclaimers), 13 (Limitation of Liability) and 14 (Indemnity) shall survive termination of these Terms. The Site Terms shall constitute the entire agreement between you and READY4 concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: September 3, 2016