Terms & Conditions
Coach Mike’s ACT Test Prep & ACT Test Prep Coaching Videos: All Visitors Terms of Service
Welcome to the Coach Mike’s ACT Test Prep & ACT Test Prep Coaching Videos, a Roop Student Prep Subsidiary, (“Coach Mike” or “We”) provides this Site on the following terms and conditions to each visitor, regardless of whether the visitor has an account, whether that account is paid, and whether their use of Coach Mike’s ACT Test Prep & ACT Test Prep Coaching Videos is through a parent, school, or other party. Please read these Terms of Service for All Visitors (“Terms” or “AVT”) carefully before using this Site, registering for its services or purchasing any of its products. By using this Site in any capacity, you agree to these Terms; if you do not agree to these Terms, you may not use this Site.
Coach Mike reserves the right to, at any time, modify, revise or update the Site or these Terms, and you agree to be bound by such modifications, revisions or updates. You should periodically review these Terms to apprise yourself of any such modifications, revisions and updates. Your continuing use of this Site constitutes your acceptance of any modifications, revisions or updates to the Terms, all of which shall become effective. You agree that your interaction with the Site is solely with Coach Mike and none of the managers, shareholders, employees, or workers directly, and indemnify all parties other than Coach Mike from lawsuits and other disputes. You agree that if you had previous relationships with any parties above other than Coach Mike in use of the Site, that your continued use gives consent for that relationship to be transferred to Coach Mike.
Use of Site
You may use this Site to obtain information on Coach Mike’s ACT Test Prep, ACT Test Prep Coaching Videos, Roop Student Prep and its services and products, and as a means of ordering and/or receiving such services and products as a paying customer. Except as may be expressly permitted herein, you may not reproduce, transmit, disseminate, sell, broadcast, circulate, republish, duplicate, modify, upload, post, re-deliver using “framing” technology, download or copy any information on this Site (including Coach Mike’s ACT Test Prep, ACT Test Prep Coaching Videos, or Roop Student Prep course materials); use data mining, robots, or similar data gathering and extraction tools with respect to this Site; or otherwise distribute or commercially exploit in any way the Site or any portion of the content of the Site; in each case without the prior written consent of Coach Mike. Further, you may not use any meta tags or any other “hidden text” utilizing Coach Mike’s name or trademarks without the prior written consent of Coach Mike.
Without limiting the generality of the foregoing, your rights to use the Coach Mike and ACT Test Prep Coaching Videos Site products and/or services are personal and non-transferable. In other words, you may not sell, assign, convey or otherwise transfer any of your rights to use any Coach Mike’s or ACT Test Prep Coaching Videos Site product or service to any third party in any manner whatsoever. Your attempt to do so shall automatically terminate all of your rights to use this Site.
You may download one copy of any material you can access from the Site for your internal use only, provided that you do not modify such materials or delete or modify any trademark, copyright or other proprietary notices thereon.
Any unauthorized use of this Site terminates the permission granted by Coach Mike for your use of this Site.
Operation of the Website
Coach Mike will use reasonable commercial efforts to keep this Site available for access on a 24 hour a day, seven day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, Coach Mike does not warrant that the operation of this Web Site will be error-free, that defects will be corrected, or that this Web Site or the servers that make it available are free from viruses or other harmful components.
You are solely responsible for obtaining telecommunications access to the Site and any fees (such as internet service provider or airtime charges) relating to such access. Similarly, you are solely responsible for all equipment necessary to access this Site.
Unless otherwise indicated, all content on this Site, including Coach Mike’s course material, designs, articles and text, graphics, logos, button icons, images, software, video or audio clips and the overall “look and feel” of the Site; any improvements or modifications to such content; and any derivative works based on the foregoing are proprietary to and copyrighted by Coach Mike or its licensors, and are protected by applicable intellectual property laws. The collection, arrangement and assembly of the content on the Site are the exclusive property of Coach Mike and are likewise protected by applicable intellectual property laws.
Links to Third Party Sites
We may display on this Site links to other web sites to provide you with useful information. Coach Mike is not responsible for the contents of such links, any linked site, or any link contained in a linked site. The display of any link does not imply endorsement by Coach Mike of the linked site. IN NO EVENT WILL COACH MIKE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO THE USE OF OR RELIANCE ON ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED ON ANY SUCH SITE.
Hyperlinks to This Site
You may create a hyperlink to the home page of this Site only so long as the link does not portray Coach Mike or its Site products or services in a false, misleading, derogatory, or otherwise offensive manner. Linking to other content within our Site is prohibited without Coach Mike’s express prior written consent. Please direct any linking requests to us at email@example.com.
In compliance with the Children’s Online Privacy Protection Act, Coach Mike does not permit children less than 13 years of age to become users without their parent or guardian’s express consent and approval. By using our Site, you represent you are not under 13 years of age.
THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR DESCRIBED ON THIS SITE (INCLUDING, BUT NOT LIMITED TO, THE ACT, OTHER TEXT, GRAPHICS, VIDEO AND AUDIO CLIPS AND LINKS) ARE PROVIDED BY COACH MIKE “AS IS.” COACH MIKE MAKES NO, AND HEREBY DISCLAIMS, ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SITE, INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS REFERENCED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, ALTHOUGH COACH MIKE BELIEVES ALL INFORMATION ACCESSIBLE ON OR VIA THE SITE TO BE ACCURATE AS OF THE TIME OF ITS PUBLICATION, COACH MIKE CANNOT, AND DOES NOT, REPRESENT, GUARANTEE OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT, AND COACH MIKE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR RESULTS OBTAINED FROM USING SUCH INFORMATION.
Limitation of Liability
COACH MIKE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF COACH MIKE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE, THE SYSTEM OR ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON OR VIA THIS SITE.
All remarks, suggestions, ideas, graphics, or other information provided by you through this Site (together, the “Submission”) will forever be the property of Coach Mike. Coach Mike will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Coach Mike operations. Without limitation, Coach Mike will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Coach Mike will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Coach Mike have full responsibility for such material, including its legality, reliability, appropriateness, originality, and copyright.
You agree to abide by any Acceptable Use Policy instituted by Coach Mike from time to time.
If you enroll in any of Coach Mike’s Site test preparation services you will have an account and a password. Access to password-protected portions of this Site is available for only so long as you have paid all required fees to Coach Mike. You are responsible for maintaining the confidentiality of your account and password and for restricting access to Coach Mike’s Site course material to anyone other than yourself. You agree to accept responsibility for all activities that occur under your account or password. Coach Mike reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
The Terms constitute the entire agreement between you and Coach Mike and govern your use of the Site, superseding any prior agreements between you and Coach Mike. This Site is owned and controlled by Coach Mike in Dayton, Ohio, U.S.A. As such, the substantive laws of Ohio will govern these Terms, without giving effect to any principles of conflicts of laws. If you use this Site from other locations you are responsible for compliance with applicable local laws. You agree that any action arising out of the Terms shall be brought in state or federal court in Ohio, and you consent to the jurisdiction of such courts. The failure of Coach Mike to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Personal Account Terms of Service
One Person Per Account
You agree that for each instance (copy) of preparation that you purchase, only one person will study from the course. This limitation does not include having another person debug an account or otherwise help that one person, as long as such time is limited to less than 5% of the total access time. Coach Mike may shut down the account with no refund provided if it believes the account is being used by multiple persons to study. In such a case, if in fact only one person was studying the only remedy would be refund of that package, and not restoration of that account.
User Responsibility for Email Contact
You must arrange to keep in email contact with Coach Mike. Email is mandatory and NOT optional and for one-off support only. (It is how you will receive the monthly Pass Code for Access to the Test Prep Coaching videos.)
By default you will communicate with Coach Mike in English via email. Any other mutually agreeable communication method, if agreed in writing, is acceptable as well as an adjunct to email. You are responsible for providing us with a correct email address that you routinely check at least once every 48 hours. You are responsible for ensuring deliverability of Coach Mike emails with your email provider.
Your nonresponse to email may hold up critical non-computerized portions of the preparation process, and you agree to take full responsibility for the results of this on your own if you do not remain in email contact.
In the case Coach Mike is not able to deliver the services purchased, Coach Mike may offer you a partial or full refund in return for cessation of all remaining services. Further, Coach Mike may terminate its relationship with any customer for any legal reason, or no reason at all if legal, at Coach Mike’s discretion by offering the customer a full refund of all amounts paid. Coach Mike’s maximum liability shall not exceed the actual purchase price paid for the account or products, and in no event shall Coach Mike be liable for loss of, damage to, or corruption of data stored with Coach Mike about your account, or for special, incidental, consequential, or indirect damages whatsoever, including without limitations teaching strategies or content that is ineffective, faulty, or incorrect.
The organization or its administrators authorize purchases of licenses by submitting an email requesting a number of accounts be on-boarded. Unless authorized in writing beforehand, the sale is made at the time Coach Mike notifies the requester that on-boarding for those accounts are successful (the “start time” for the account). The notification email will include email addresses identifying the Coach Mike accounts that have been on-boarded.
Any admin may cancel any account associated with the organization by sending an email to Coach Mike. Cancelled accounts may be erased the moment such an email is received, and usage data, historical grades, scores, and other information associated with the account may not be maintained.
One Person Per Account
You agree both directly and through your administrators to only allow one natural person to use each account purchased. By way of example, if Mary and Eliza are two people in a class, they many not actively prepare using the same account; likewise, if Maria uses an account for 3 months, she may not pass in on to Gemini who uses it for another 3 months. This limitation does not include having a person debug an account or otherwise help that first person, as long as such time is limited to less than 5% of the total access time.
Software and Site Updates
The Coach Mike’s Test Prep Coaching and ACT Test Prep Coaching Videos websites across-the-board improvements, feature additions, bug fixes, changes, and generally “software updates”. The organization agrees that for each account, Coach Mike has no responsibility to maintain backwards compatibility or preserve the layout of the account. The organization agrees to allow each account to be updated to the latest version of the site along with the rest of the site.
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