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TERMS OF USE

 

Welcome to GATE4Kids (the “GATE4Kids Site”). Please carefully read these terms and conditions (“Terms and Conditions”) before using this GATE4Kids Site. By accessing, browsing, review and using the GATE4Kids Site, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the GATE4Kids Site.

 

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S REGISTRATION WITH THIS GATE4Kids SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE GATE4KIDS SITE.

 

GATE4Kids is the owner of the GATE4Kids Site. The GATE4Kids Site contains information, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, and the arrangement and compilation of this information (collectively, the "Information") that is either owned or licensed by GATE4Kids.

Portions of the GATE4Kids Site may be made available only to persons who have registered and who have been issued a username and/or password or other positive identifiers by GATE4Kids ("Registered Users"). Only Registered Users are authorized to access the restricted portions of the GATE4Kids Site. Your use of the GATE4Kids Site and access to the Information contained therein is expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in these Terms and Conditions. In addition, access to certain areas of the GATE4Kids may also be governed by other terms and conditions. In the event of a conflict between these Terms and Conditions and those necessary to access restricted portions of the GATE4Kids Site, the ones governing the restricted portions of the GATE4Kids Site will govern your access to such areas and any transactions conducted while in such restricted areas, and these Terms and Conditions will apply where there is not a conflicting provision. In addition, you hereby acknowledge and agree as follows:

1. License Grant

GATE4Kids grants you a worldwide, non-exclusive, and non-transferable license to use the GATE4Kids Site. All information, materials, and functions contained on GATE4Kids Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, slogans, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the GATE4Kids Sites or delete Content or features at any time, in any way, for any reason. You may view the Content incorporated into this GATE4Kids Site solely for your personal, non-commercial use. The Content may not be transferred, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of the GATE4Kids Site, to facilitate unfair competition with the GATE4Kids Site, or for any purpose that is inappropriate or unlawful under applicable United States and international law.

2. Restrictions

Notwithstanding the foregoing license grant, you may not copy, resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file except through the authorized access to the GATE4Kids Site. Unless separately and specifically authorized in writing by GATE4Kids, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works, store or time-share the GATE4Kids Site, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. Access to the GATE4Kids Site without the authorization of GATE4Kids is strictly prohibited. You agree to use the GATE4Kids Site and Information for lawful purposes only. You agree not to post or transmit any information through the GATE4Kids Site which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, (iv) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the GATE4Kids Site or Information.

3. Membership

You can find the specific details regarding your membership with GATE4Kids at any time. Simply sign in to your GATE4Kids account, and click Manage your account.

 

Subscriber Qualifications

When registering with or applying to GATE4KIDS you must provide accurate, complete, and current registration information and you agree to provide GATE4KIDS with any updates to that information promptly after such changes occur.
Individual subscriptions to the GATE4KIDS Site are available only to persons who are at least 18 years of age. Minors may receive access keys or user ID and/or passwords only in conjunction with an authorized adult subscription. Your right to use the Site is personal to you and cannot be transferred to any other person.

You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the GATE4KIDS Site. You shall be responsible for all charges associated with accessing and maintaining a connection to the GATE4KIDS Site including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.

 

Free Trials

Your GATE4KIDS membership may start with a free trial if you are the individual member of the Gifted and Talented Test Prep (the “GATE Test Prep Program”), or the Top-Notch Thinking (the “TNT Program”), including TNT Monthly Program (the “TNT Monthly Program”), or TNT 6-Month Program (the “TNT 6-Month Program”). Free Trial is not available to group members including, but not limit to, teachers or other group accounts. For Individual subscribers, tThe free trial period of your membership is offered, lasts for three days, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have Internet access and basic personal information a current valid credit card or debit card, or other accepted payment method to use our service. Free trial is not available for the group members in the GATE Test Prep Program and the TNT Program

DURING YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD.

We may offer a number of membership plans, including special promotional plans or memberships with different limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).

 

Billing

If you decide to enroll our program(s), you agree to provide us a current valid credit card or debit card, or other accepted payment method to use our service By starting your GATE4KIDS membership in the GATE Test Prep Program, you are expressly agreeing that we are authorized to charge you a full membership fee at the then current rate, and any other charges you may incur in connection with your use of the GATE4KIDS service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). By starting your GATE4KIDS membership in the TNT Program, you are expressly agreeing that we are authorized to charge you either a full monthly membership fee (“TNT Monthly Program”), or a full six-month (hereinafter, “TNT 6-Month Program”) membership fee at the then current rate, and any other charges you may incur in connection with your use of the GATE4KIDS service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee in the TNT Monthly Program will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on or close to the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. You acknowledge that the amount billed each month for TNT Monthly Program may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.

 

PAYMENTS MADE AFTER YOUR ENROLLMENT OF FULL PAYMENT OF THE TNT MONTHLY PROGRAM ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS FOR THE REST OF THE MONTH. PAYMENS MADE AFTER YOUR ENROLLMENT OF FULL PAYMENT OF THE GATE TEST PREP PROGRAM AND/OR THE TNT 6-MONTH PROGRAM ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the GATE4KIDS website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

 

Ongoing Membership

Your GATE4KIDS membership toward the TNT Monthly Program will continue month- to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

 

Cancellation

You may cancel your GATE4KIDS membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS FOR THE TNT MONTHLY PROGRAM. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR THE GATE TEST PREP PROGRAM AND/OR THE TNT 6-MONTH PROGRAM. To cancel, visit our website and click on "Cancel my GATE4KIDS Account" on the "My Account" page and follow the instructions for cancellation.

4. Responsibility for Content

GATE4Kids does not screen, edit or review material submitted by users. GATE4Kids can therefore accept no responsibility or liability for any material which may reside in or is accessed by the GATE4Kids Site other than GATE4Kids Content or Information. GATE4Kids has no responsibility with respect to other sites.

5. Linking

You may not link, upload, post or transmit any illegal, obscene, offensive or otherwise inappropriate material to the GATE4Kids Site. Furthermore, you may not use any of GATE4Kids’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links, without the GATE4Kids’s express written permission, which GATE4Kids may withhold in its sole discretion. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by GATE4Kids; (ii) cause confusion, mistake, or deception; (iii) dilute GATE4Kids’s trademarks or service marks; or (iv) otherwise violate state or federal law. This GATE4Kids Site may contain links to other websites. These links are provided for informational purposes only, and GATE4Kids does not sponsor or affiliate with any linked entity unless expressly stated. GATE4Kids makes no representations and assumes no responsibility for your use of links provided on the GATE4Kids Site. You agree to indemnify and hold GATE4Kids and any of its related entities, board members, employees, agents and representatives harmless from and against, and shall reimburse GATE4Kids for any liability, damage, claim, loss, cost or expense (including, without limitation, court costs and reasonable attorneys’ fees) which may be incurred by GATE4Kids as a result of the material you link, upload, post, or transmit to the GATE4Kids Site. GATE4Kids has no duty to review or edit materials submitted by users. Any such materials may be removed by GATE4Kids at any time for any reason whatsoever.

6. Modification

GATE4Kids reserves the right to update the Terms and Conditions at any time without notice to you. The most current version of the Terms and Conditions can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the GATE4Kids Site.

7. Password Disclosure

If, at any time, you are issued a username and/or password or other positive identifiers of the user issued and authorized by GATE4Kids and you learn or suspect that such identifiers have been disclosed or otherwise made known to any person other than yourself, you agree to immediately change your password to prevent unauthorized access to your account.

8. Exclusions of Warranties

You acknowledge and agree that no warranties of any kind are made with respect to the GATE4Kids Site, GATE4Kids Lectures, GATE4Kids Test Questions, GATE4Kids publications, GATE4Kids hard copies, GATE4Kids games kits, GATE4Kids software, GATE4Kids Mobile Apps, GATE4Kids Content, GATE4Kids Information, GATE4Kids AMP or other sites. Furthermore, you acknowledge that the Content, Information and links provided through the GATE4Kids Site are compiled from sources that are beyond the control of GATE4Kids. Though such Information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur, and that GATE4Kids and its licensors do not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE GATE4KIDS SITE, LECTURES, TEST QUESTIONS, PUBLICATIONS, HARD COPIES, GAME KITS, CONTENT AND INFORMATION ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. GATE4KIDS DOES NOT WARRANT THAT THE GATE4KIDS SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR FREE. GATE4KIDS EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GATE4KIDS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE GATE4KIDS SITE, GATE4KIDS LECTURES, GATE4KIDS PRACTICE QUESTIONS, GATE4KIDS SOFTWARE, GATE4KIDS MOBILE APPS, GATE4KIDS CONTENT, GATE4KIDS INFORMATION, OR GATE4KIDS AMP, INCLUDING WITHOUT LIMITATION DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. Under these Terms and Conditions, you assume all risk of errors and/or omissions in the GATE4Kids Site and Information, including the transmission or translation of Information. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD GATE4KIDS HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.

9. Monitoring

You acknowledge that GATE4Kids reserves the right to, and may from time to time, monitor any and all Information or Content transmitted or received through the GATE4Kids Site. GATE4Kids, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Content or Information which GATE4Kids deems inappropriate or that violates any term or condition of this agreement. During monitoring, content, information may be examined, recorded, copied, and used for authorized purposes. Use of the GATE4Kids Site, authorized or unauthorized, constitutes consent to such monitoring.

10. Export Controls

Your use of the GATE4Kids Site will comply with all applicable laws, rules and regulations that govern the export of technical data.

11. Privacy and Consent to Share Certain Information

The GATE4Kids Site does not collect any personally identifying information about you except when you expressly provide it. You agree that GATE4Kids can use your personal identifying information for editorial, promotional, or marketing purposes, unless you request that your information not be used in such manner. Please see our Privacy Policy for more details.

When you access content in our website, we collect information, including, but not limited to, information about the lectures you watch online, the test questions you complete, your performance on practice tests, and your progress toward full completion of all course assignments. Information concerning your usage of our site and your progress using our study materials (“Course Performance Information”) may be disclosed to third parties such as educational institutions, professors, and product development partners for a variety of purposes, including, but not limited to, analyzing and improving bar passage rates and for the development of new products and services. To the extent an educational institution (e.g., your law school) collects and maintains Course Performance Information, that information may be considered an educational record under the Family Educational Rights and Privacy Act (“FERPA”), 20 USC 1232g. If so, you may have certain rights of access and confidentiality as to those educational records, if any, as a student of that institution. By accessing and using GATE4Kids services, you consent to allow free exchange of Course Performance Information between GATE4Kids and your educational institution.

12. Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without reference to any conflict of law principles. Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in California, Santa Clara County, California, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of California as your agent for service of process. You agree to waive any objection that the state or federal courts of Santa Clara County, California, are an inconvenient forum.

13. Limitation of Liability

IN NO EVENT SHALL GATE4KIDS OR ITS EMPLOYEES, AGENTS, SALES REPRESENTATIVES, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND.

14. Limitation of Claims

Any action on any claim against GATE4Kids must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.

15. Severability

Whenever possible, each provision of these Terms and Conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms and Conditions shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms and Conditions. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.

16. Copyright, Patent and Trademark Notice

Copyright 2012-2013 GATE4Kids, Inc. All rights reserved. The GATE4Kids Site, Content and Information is the valuable, exclusive property of GATE4Kids or its licensors and nothing in these Terms and Conditions shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as permitted in these Terms and Conditions, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without GATE4Kids’s prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. GATE4Kids, and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of GATE4Kids, Inc. All other product names and company logos mentioned on the GATE4Kids Site, Content or Information are trademarks of their respective owners.

17. Copyright Infringement

GATE4Kids, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your use the GATE4Kids Site or Information if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. GATE4Kids accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

18. Entire Agreement

This is the entire agreement between the parties and may not be modified except in writing signed by both parties.

PRIVACY POLICY

THE INFORMATION ABOUT YOU COLLECTED ON THIS WEB SITE IS SUBJECT TO THIS PRIVACY POLICY. BY DISCLOSING THE INFORMATION TO US, YOU AGREE TO THE TERMS OF THE POLICY.

GATE4Kids recognizes the importance of protecting the privacy of our customers and visitors to our website while permitting us to conduct legitimate business by providing services and information of interest to our customers and visitors. Our privacy policy is stated below.

 

Collection and Storage of Information

We will collect personal information, including your name, address, phone, email address, and credit card details when you register for our services or purchase our products. When you access content in our website, we collect information about the lectures you watch online, the test questions you complete, your performance on practice tests, and your progress toward full completion of all course assignments. We maintain this information securely in our customer database.

 

Use of Information

This information is used to provide the service or product requested; to enable billing; to provide you with information about related products and services, based on the preferences you have indicated; to improve our Web site; for development of new products and services; and for systems administration and troubleshooting purposes. We will not share your credit card number with parties outside of GATE4Kids, its parent company and their subsidiaries. Basic demographic data including name, address, phone, email, and course for which you are registered, and related information may be disclosed to marketing partners.

 

 

Your Rights

You may review and approve the information about you collected upon registration in our customer database. Upon request, we will remove that information from our customer database or change/correct personal information that you state is erroneous. However, you should understand that information about you in our databases may come from a number of sources, including orders placed by you and third party mailing lists.

 

Changes to This Policy

GATE4Kids may update this Privacy Policy. Any changes to this Privacy Policy in the future will be posted to the Site. Your continued use of the Site will indicate your agreement to such changes.