Hello from the Magoosh team!
Thanks for taking the time to learn more about us. We are striving to make the best test prep service for your money.
The Magoosh service ("the Site", or "the Service") is operated by Magoosh, Inc. ("Company," or "Magoosh"). By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
In compliance with the Children's Online Privacy Protection Act, Magoosh, Inc. does not permit children under 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 or have had your parent or guardian give their personal information in lieu of giving yours. No part of Magoosh’s web site is structured to serve or attract anyone under the age of 13.
2. Registration Data; Account Security
If you subscribe to any of Magoosh’s 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 Magoosh. You are responsible for maintaining the confidentiality of your account and password and for restricting access to Magoosh material to anyone other than yourself. You agree to accept responsibility for all activities that occur under your account or password. Magoosh reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
3. Use License
Permission is granted to a terminable non-exclusive, non-transferable
license to use Magoosh, Inc.'s web site for personal, non-commercial
transitory viewing only. This is the grant of a license, not a transfer of
title, and under this license you may not:
- modify or copy the materials
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
- attempt to decompile or reverse engineer any software contained on Magoosh, Inc.'s web site
- remove any copyright or other proprietary notations from the materials or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Magoosh, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. Ownership; Proprietary Rights; Prohibited Uses
As between you and the Company, the Company and/or its licensors (including, without limitation, the Educational Testing Service) own all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Service, and all content and materials within and comprising the Service, including without limitation the Marks, and all usage and other data generated or collected in connection with the use thereof (the "Company Materials"). Except for as expressly set forth herein, you agree not to license, distribute, sell, resell, trade, reproduce, duplicate, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise exploit or make any unauthorized use of the Company Materials or any portion thereof. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithm or programs underlying the Company Materials. The Company reserves the right to modify or discontinue the Service or any version(s) thereof at any time in its sole discretion, with or without notice. "Marks" means any Magoosh and other company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress used on or in connection with the Service.
As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Service in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party's use of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree not to scrape or otherwise use automated means to access or gather information from the Service, and agree not to bypass any robot exclusion measures we may put into place. In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we believe (in our sole discretion) is false or misleading (including a profile that impersonates a third party).
5. Warranties and Disclaimers
- The materials on Magoosh, Inc.'s web site are provided "as is". Magoosh, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Magoosh, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
- Magoosh and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.
- The Service may be temporarily unavailable from time to time for maintenance or other reasons. Magoosh assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications.
- Under no circumstances will Magoosh be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third-Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
6. User Content
You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
You are solely responsible for the photos, profiles, messages, notes, text, information and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.
7. User Conduct
You understand that the Site is available for your personal, non-commercial use only. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Site to:
- harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- use automated scripts to collect information from or otherwise interact with the Site;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass any other user;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Site;
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MAGOOSH OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE SERVICE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF MAGOOSH OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9. Revisions and Errata
The materials appearing on Magoosh, Inc.'s web site could include technical, typographical, or photographic errors. Magoosh, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. Magoosh, Inc. may make changes to the materials contained on its web site at any time without notice. Magoosh, Inc. does not, however, make any commitment to update the materials.
Magoosh, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Magoosh, Inc. of the site. Use of any such linked web site is at the user's own risk.
12. Governing Law
Any claim relating to Magoosh, Inc.'s web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.
13. Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
You agree to indemnify and hold Magoosh and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney's fees, (any of the foregoing, a "Claim") arising out of or relating to your use or misuse of the Service (including without limitation for any competitive purposes), breach of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of Magoosh's willful misconduct or gross negligence. Magoosh reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
15. Entire Agreement
The Terms and Conditions of Use governs your use of the Service and constitutes the entire agreement between you and Magoosh. It supersedes any prior agreements between you and Magoosh. Additional terms and conditions may apply when you use the services of service providers and others. These additional terms will not reduce, diminish, or eliminate any rights Magoosh possesses with respect to these Terms and Conditions of Use.
Any failure by Magoosh to exercise any rights or enforce any of the terms of these Terms and Conditions of Use shall not constitute a waiver of such rights or terms. If any provision of these Terms and Conditions of Use or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms and Conditions of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.
17. Subscription Period
You will be entitled to receive the Service only during the subscription period ("Subscription Period") specified by your payment confirmation.
18. Payment Terms
You agree to pay Magoosh the fee specified in the Payment Form during the Period ("Fee"). A valid credit card is required to access to the Service. The Fee is payable in advance for the Period. Fees are non-refundable and non-transferable, unless otherwise stated in our Money Back Guarantee Policy. Accordingly, if you elect to cancel your access to the Service during the Period, you will not receive a refund of the Fee(s) previously paid to Magoosh, unless otherwise stated in our Money Back Guarantee Policy.
19.1 Agreement to Arbitrate. This Section 19 is referred to herein as the "Arbitration Agreement." The parties that any and all controversies, claims, or disputes between you and Magoosh arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
19.2 Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
19.3 Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s ("AAA") rules and procedures (the "AAA Rules"), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 8. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against the Magoosh.
19.4 Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Magoosh may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
19.5 Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of Delaware, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
19.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
19.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
19.8 Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 19.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 19.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
20. Waiver and Severability of Terms
The failure of Magoosh to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use 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 the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect.
21. Electronic Communications
When you visit this website and when you communicate with us electronically, for example by sending us an email or ordering our products online, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.