Terms of Use Agreement

Terms of Use Agreement2017-09-07T16:07:19+00:00

Terms of Use Agreement

48 Hour Refund Policy

Within 48 hours of a subscription period beginning, a customer may request a refund for their subscription.

A subscription period is a one-month billing of a subscription.

Example 1: A customer purchases an Apprend subscription on Thursday afternoon and requests a refund two days later on Saturday morning. Apprend will honor the refund because it was requested within 48 hours of purchasing.

Example 2: A customer purchases a Apprend subscription on January 1. On February 1, the subscription renews. The customer has within 48 hours of the February 1 billing to request a 48-hour refund for the February billing.

Acceptance of Terms

The services that Apprend, Inc. provides to you are subject to the following Terms of Use (“TOU”). Please read the following TOU carefully. The website is available to you based on your acceptance of the following conditions without any modification of the terms, conditions and notices outlined on this page. Your use of the website is your acknowledgment that you understand and agree to all such terms, conditions and notices, as may be amended or modified from time to time. If you do not agree to these terms, do not use this website.

Modification of Terms of Use

Apprend, Inc. reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.

Description of Services

Apprend, Inc. provides you with access to a variety of resources, including without limitation, practice tests, study guides, exams, course materials, assessments, applications, and other information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

Personal and Non-Commercial Use Limitation

UNLESS OTHERWISE SPECIFIED, THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE AS A MEMBER OF APPREND, INC. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, MODIFY, COPY, DISTRIBUTE, TRANSMIT, DISPLAY, PERFORM, REPRODUCE, PUBLISH, LICENSE, CREATE DERIVATIVE WORKS FROM, TRANSFER, OR SELL ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED FROM THE SERVICES WITHOUT PRIOR WRITTEN AUTHORIZATION FROM APPREND, INC.

Intellectual Property

ALL INTELLECTUAL PROPERTY, INCLUDING TRADEMARKS AND LOGOS DISPLAYED ON THE WEBSITE, ARE THE EXCLUSIVE PROPERTY OF APPREND, Inc. YOU ARE RESTRICTED FROM USING ANY OF APPREND INC.’S INTELLECTUAL PROPERTY FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO, PLACING LINKS ON OTHER WEBSITES ON THE WORLD WIDE WEB WITHOUT THE PRIOR WRITTEN AUTHORIZATION FROM APPREND, Inc. THE ENTIRE CONTENTS OF APPREND, INC’S WEBSITE ARE OWNED AS A COLLECTIVE WORK UNDER U.S. COPYRIGHT LAWS, AND COPYING, REDISTRIBUTION OR PUBLICATION OF ANY PART OF THIS WEBSITE IS PROHIBITED EXCEPT AS OTHERWISE PROVIDED. ANY UNAUTHORIZED USE OF THIS WEBSITE MAY BE SUBJECT TO PENALTIES OR LEGAL ACTION.

Links to Third Party Sites

Apprend, Inc. may provide links to other World Wide websites that it does not control. You acknowledge Apprend, Inc. is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Apprend, Inc. is not responsible for webcasting or any other form of transmission received from any linked site. Apprend, Inc. is providing links, if any, to you only as a convenience, and the inclusion of any link does not imply endorsement by Apprend, Inc.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Apprend, Inc.’s server, or the network(s) connected to any Apprend, Inc. server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Apprend, Inc. server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. If your information changes, you agree to update your account and that any information you provide will be true and correct. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Apprend, Inc. immediately of any unauthorized use of your account or any other breach of security. Apprend, Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Apprend, Inc. or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. Upon purchasing any of Apprend, Inc.’s Services, you will be given a user registration which will be valid for one year. After that time, the user registration will no longer be valid. Additionally, upon purchasing any of Apprend, Inc.’s Services, you must access the materials purchased within ninety (90) days from the date the purchase. After you have accessed the materials purchased, you will have access to the material for ninety (90) days. You will be responsible for all charges incurred through your account. THE USE OF REGISTRATION AND SERVICES ARE LIMITED ONLY TO THE NAME ON THE ACCOUNT. YOUR LOGIN AND PASSWORD MAY NOT BE DISTRIBUTED TO ANY OTHER PERSON OR ENTITY FOR THE PURPOSE OF THE USE OF SERVICES.

Privacy and Protection of Personal Information

See the Privacy Policy disclosures relating to the collection and use of your information.

Use of Services

Apprend, Inc. reserves the right at all times to disclose any information as Apprend, Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Apprend, Inc’s sole discretion.

Unsolicited Idea Submission Policy

Apprend, Inc. OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN Apprend, Inc.’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Apprend, Inc. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO Apprend, Inc. OR ANYONE AT Apprend, Inc. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT Apprend, Inc. MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

No Guarantee and Fees Paid

Apprend, Inc. does not guarantee that you will pass the teacher certification test by using the Services contained or purchased on this website. Any fees paid to Apprend, Inc. for its Services are non-refundable. In the event you do not pass all or part of the teacher certification test you purchased Services for, Apprend, Inc. may, in its sole discretion, allow you to re-enroll in Apprend, Inc.’s course for free.

Disclaimer of Warranties

THE WEBSITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Apprend, Inc. AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF OUR WEBSITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, OR (iv) THAT ANY SOFTWARE, SERVICES, OUR WEBSITE OR SERVER(S) ON WHICH THE SERVICES AND OUR WEBSITE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF OUR WEBSITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH OUR WEBSITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

NEITHER Apprend, Inc. NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE OUR WEBSITE OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON OUR WEBSITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON OUR WEBSITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH OUR WEBSITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON OUR WEBSITE OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON OUR WEBSITE OR THE SERVICES, OR (vii) ANY OTHER MATTER RELATING TO OUR WEBSITE AND/OR THE SERVICES. IN NO EVENT SHALL Apprend, Inc. TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR OUR WEBSITE.

Indemnification

You agree to indemnify, defend, and hold Apprend, Inc. and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys fees and costs) which arise directly or indirectly out of or from (i) your breach of the TOU; (ii) any allegation that any materials that you submit to Apprend, Inc. or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and/or (iii) your access or use of the our website and/or the Services. This section shall survive in the event this Agreement is terminated for any reason.

Termination

The TOU shall remain effective until terminated in accordance with its own terms and conditions. You agree that Apprend, Inc., in its sole discretion, may terminate your password, account (in whole or in part), or use of our website or Services, and remove and discard any content within the our website, at any time and for any reason. You agree that any actions taken under this section may be effective without prior notice to you. In the event of termination, however, those sections in the TOU which provide for continuing obligations on your part shall survive indefinitely.

General Information

The TOU constitutes the entire agreement and understanding between you and Apprend, Inc. and governs your use of our website and the Services, superseding any prior agreements between you and Apprend, Inc. The TOU and the relationship between you and Apprend, Inc. shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Denton, in the State of Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Apprend, Inc. to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in the TOU are for convenience purposes only and have no legal or contractual effect. The TOU are not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by Apprend, Inc. of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.