In order to establish transparency with our customers, our policies are outlined below. Please let us know if you have any questions about how these apply to you.
Tutoring
I. Payment Policy
II. Payment Plan
III. Cancelation Policy
IV. Refund Policy
V. Tutor Satisfaction
VI. Other Service Requests
Classes
I. Refund Policy
II. Class Cancelation
Tutoring
I. Payment Policy
a) Package must be paid in full before the first scheduled session if not participating in the payment plan option..
b) Packages with available installment payment options require the first installment payment before the first session.
c) Two sessions in arrears will automatically suspend tutoring. The student will be removed from the tutor’s calendar until the account is satisfied. The student will be rescheduled based on the tutor’s available hours and is not guaranteed the same spot prior to the delinquency.
II. Payment Plan
a) Eligibility
i) The payment plan is only available for purchases of 20 or more hours of private tutoring.
ii) The final installment of the payment plan must be paid before all tutoring sessions have taken place. If the tutoring sessions are completed in under eight weeks, the family may not be eligible for the payment.
iii) A valid credit card must be kept on file, even if you prefer to pay by check or cash.
b) Payments
i) The full cost of the tutoring package is split into three equal payments.
ii) The first payment is due before the first tutoring session. In the event that a payment has not been made or a credit card has not been saved prior to the first tutoring session, the session will be postponed until the first payment is made.
iii) General tutoring policies regarding refunds and satisfaction are applicable to families on the payment plan.
iv) The remaining payments will be charged to the credit card on the first of each month following the first payment.
III. Cancellation Policy
a) Any cancellations or rescheduling must be done at least 24 hours before the start of the session. If a cancellation or rescheduling must be done within 24 hours of the tutoring session, you will receive 1 courtesy “free pass.”
i) After this “free pass,” all cancellations will be charged unless they are rescheduled for later that week or the following week. The cancellation fee will be equal to the cost of one hour of tutoring.
b) All “no-shows” will be charged a fee equal to the cost of one hour of tutoring, regardless of circumstance, after the “free pass” is used.
c) Any cancellations in excess of one per month are subject to a fee and loss of the student’s designated time slot.
i) In lieu of cancelling, rescheduling is preferred and will not be penalized.
d) All cancellation fees are assessed at Curvebreakers’ discretion.
IV. Refund Policy
a) Before tutoring begins, all packages are fully refundable within 48 hours of purchase, no questions asked.
b) After the first session is completed, if you are dissatisfied with our services for any reason or do not want to try a different tutor, you will be issued a refund of the remaining balance.
i) If after the first session you are dissatisfied with the tutor, you may switch to another tutor at no added fee.
ii) After the second session is completed, all tutoring packages are non-refundable for any reason.
c) Remaining balances may be transferred to a sibling or used for another subject (separate pricing may apply).
d) All remaining tutoring hours are considered void 1 year after purchase if they have not been used within that time.
V. Tutor Satisfaction
a) If you are dissatisfied with your tutor, contact us and we will gladly provide you with a new tutor who will better suit your needs.
b) If a tutor cancels within 24 hours (barring an emergency), cancels frequently, or cannot accommodate your schedule, please let us know immediately so that we can rectify the situation.
VI. Other Service Requests
a) Tutoring hours are scheduled based on the service contracted. Inform your tutor 24 hours in advance of your session that you require a different service during your regularly scheduled tutoring session (separate pricing & billing may apply). If notice is not received, the higher session rate will be applied to the remaining package balance.
b) If you require another service in addition to the package already purchased, contact our office and we will be happy to help you set up other tutoring sessions.
Classes / Courses
I. Refund Policy
a) More than 2 weeks before course begins: All courses are refundable within 48 hours of payment. After 48 hours, courses are non-refundable and non-transferable.
b) Less than 2 weeks before course begins: All courses are non-refundable within 2 weeks of the course start date (the date of the first practice test or session, whichever comes first), and are non-refundable thereafter. Course value is non-transferable to other services we provide.
II. Class Cancellation
a) We reserve the right to reschedule or cancel any class. If a class is cancelled or rescheduled by Curvebreakers due to low enrollment or any other reason, all customers who paid for that class will receive a full refund.
Learning Teams
A learning team is formed and organized by the customer. A group of four (4) students is required to form a team. The maximum size of a team that can meet in person in the Garden City office is eight (8) students to remain within the current NYS social distance requirements. Virtual-only teams may include up to 15 students. Curvebreakers reserves the right to move any in-office team sessions online at any time. Students attending in person will be asked a series of questions and will be subjected to a scanned temperature check before entering the classroom. A team’s term runs concurrent with the school semester: not a full school year and not a set number of hours. There is no refund or pro-rating for missed sessions. Any sessions missed by one or several students can not be rescheduled.
The enrollment period for each team is one (1) week. Team members have until the end of the enrollment period to complete their enrollment forms and make payment in full. If any team member does not pay in full by the end of the enrollment period, the price per person may increase to reflect the number of paid participants. Teams will not begin sessions until enrollments and payments by all team members is completed.
Additional rules and restrictions may apply.
Referrals
The Curvebreakers Referral Program allows students to receive 1 free hour of tutoring credit when they fill out our referral form at curvebreakerstestprep.com/referral and the referred friend signs up for a tutoring package of 10 hours or more and pays in full. By participating, users agree to the terms below.
I. Rules
a) Referral Program Steps (for referring parents):
i) You (the current or former client) fill out the referral form here, naming a friend or family member.
ii) If the referred friend or family member signs up for a tutoring package of 10 hours or more, you will receive 1 free hour of tutoring.
b) Referrals must be sent to us prior to the referred student’s first session or no credit will be received.
c) Tutoring hours credited to the referring family cannot be applied to a package that has already been paid and cannot act as discount for a new package. They will be applied to your account as additional, free hours.
d) Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites, Reddit, or Wikipedia).
e) If a student accrues multiple credit hours, they can only be transferred to immediate family members who have also purchased tutoring packages of 10 or more hours.
f) Each new student is only eligible for referral one time. For example, multiple families cannot refer the same new student, and that student cannot gain multiple free hours of tutoring.
Non-Solicitation Agreement
As a Curvebreakers Test Prep customer, you agree not to solicit any of our independent contractors or employees for further tutoring services during the time you are engaged in services with Curvebreakers Test Prep. Please contact us directly if you desire additional tutoring services.
Privacy Policy
I. Introduction
Welcome to Curvebreakers Test Prep (“We”) website located at curvebreakerstestprep.com (the “Website”). We provide this Website to you subject to the following Terms of Use and Privacy Policy (together, the “Terms”). When you use this Website, you agree to abide by these Terms. If you do not agree to abide by these Terms, you may not use this Website. Please read the Terms carefully.
We reserve the right to make changes to this Website and to modify the Terms at any time at its sole discretion. We encourage you to review the Terms frequently for modifications. By your use of this Website, you agree to abide by any such modifications to the Terms, which are binding on you.
II. Privacy Policy
This Privacy Policy describes our agreement with you regarding how we will handle certain information on the Website. This Privacy Policy does not address information obtained from other sources such as submissions by mail, phone or other devices or from personal contact. By accessing the Website and/or providing information to We on the Website, you consent to the collection, use and disclosure of certain information in accordance with this Privacy Policy.
Information Collected on Our Website:
If you merely download material or browse through the Website, our servers may automatically collect certain information from you which may include: (a) the name of the domain and host from which you access the Internet; (b) the browser software you use and your operating system; and (c) the Internet address of the website from which you linked to the Website. The information we automatically collect may be used to improve the Website to make it as useful as possible for our visitors; however, such information will not be tied to the personal information you choose to provide to us.
We do collect and keep personally identifiable information when you choose to voluntarily submit such information. For example, if you choose to fill out a form on the Website we retain the information submitted by you. You should not submit any information that you do not want to be retained. After we have taken the appropriate action in response to your submittal, we retain the information you submit for our records and to contact you from time to time. Please note that if we decide to change the manner in which we use or retain personal information, we may update this Privacy Policy, at our sole discretion.
NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR LEGAL GUARDIANS: IF YOU ARE UNDER THE AGE OF 13 AND WOULD LIKE TO CONTACT US PLEASE DO SO THROUGH YOUR PARENTS OR LEGAL GUARDIANS. THIS WEBSITE IS ONLY INTENDED FOR ADULTS. WE DO NOT KNOWINGLY COLLECT PERSONALLY IDENTIFIABLE INFORMATION (“PERSONAL INFORMATION”) FROM CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, DO NOT SEND US ANY PERSONAL INFORMATION INCLUDING WITHOUT LIMITATION YOUR EMAIL ADDRESS, NAME AND/OR CONTACT INFORMATION.
Disclosure of Personal Information to Third Parties:
We do not rent or sell personal information that you choose to provide to us nor does We disclose credit card or other personal financial information to third parties other than as necessary to complete a credit card or other financial transaction or as required by law. We do engage certain third parties to perform functions and provide services, including, without limitation, hosting and maintenance, customer relationship, database storage and management, payment transaction and direct marketing campaigns. We will share your personal information with these third parties, but only to the extent necessary to perform the functions and provide the services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
Receiving Promotional Materials:
We may send you information or materials such as newsletters, ebooks, whitepapers by e-mail or postal mail when you submit addresses via the Website. By your using the Website, you are consenting to our sending you such information or materials.
If you do not want to receive promotional information or material, please send an email with your name, mailing address and email address to learn@curvebreakerstestprep.com When we receive your request, we may take reasonable steps to remove your name from such lists.
Cookies:
A cookie is a small text file that a website can place on your computer’s hard drive for record-keeping or other administrative purposes. Our Website may use cookies to help to personalize your experience on the Website. Although most web browsers accept cookies automatically, usually you can modify your browser setting to decline cookies. If you decide to decline cookies, you may not be able to fully use the features of the Website. Cookies may also be used at certain sites accessible through links on the Website.
Links to Other Websites:
We are not responsible for the practices or policies of the websites linked to or from the Website, including without limitation their privacy practices or policies. If you elect to use a link that accesses another party’s website, you will be subject to that website’s practices and policies.
III. Terms of Use
For Informational Purposes Only
We make available the information on this Website for informational purposes only. You are solely responsible for the information you provide on this Website and for the information you use that you view on this Website. Information on this Website is not intended to be a replacement for direct consultation with We; if you have questions or concerns, please contact We directly.
Copyright and Trademark Information
The content included on this Website, such as data, text, graphics, logos, images and software and its compilation is the property of We and/or its content suppliers and is protected by copyright and trademark laws. In the event you upload any content including, without limitation, photographs or videos to this Website, you (i) represent to We and its affiliates that you have all rights necessary to upload the content; (ii) agree to indemnify We and its affiliates for any third party infringement or other claims related thereto; and (iii) hereby license to We and its affiliates a perpetual non-cancellable royalty-free license to use such uploaded content for any purposes in any media now existing or hereafter developed.
License for Your Use
For any period of time that you use this Website and abide by these terms, We grants to you a limited, revocable and nonexclusive license to access this Website for your use but not to copy, download or modify it, or any portion of it, except with the express written consent of We. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, visited or otherwise exploited without the express written consent of We. You may not utilize framing to enclose any trademark, logo, content or other proprietary information contained on this Website without the express written consent of We. You may not use any meta tags or any other “hidden text” utilizing We or its affiliates’ name or trademarks without We’s express written consent.
You agree to use this Website only for lawful purposes, and you acknowledge that your failure to do so may subject you to civil or criminal liability. You are responsible for ensuring that any materials you upload, post or submit to this Website do not violate the copyright, trademark, trade secret or other personal or proprietary rights of any third party and you hereby agree to indemnify We for any third party infringement or personal rights claims. You agree not to disrupt, modify, or interfere with this Website or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of this Website. You further agree not to alter or tamper with any information or materials on or associated with this Website. Any unauthorized use or violation of these terms automatically terminates any permission or license granted by We to access and use this Website.
Website Links
This Website may provide links or references to third party websites or applications, including without limitation, third party websites or applications of advertisers or of providers of informational articles or other users. We is not responsible for any information you choose to provide to those third party websites or applications; any information, products or services you acquire from those third party websites or applications, or any damages arising from your access to or use of those third party websites or applications.
Any links to third party websites and applications are provided as a convenience to the visitors of this Website and any inclusion of any such links in this Website does not imply an endorsement or warranty of the third party websites or applications or their security, content, products, offerings or services. You are cautioned that any third party websites or applications are governed by their own terms of use and privacy policies, so when linking you should make sure to visit the appropriate pages of those third party websites or applications to determine what terms of use and privacy policies will apply to your use.
Disclaimer of Warranties and Limitation of Liability
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS WEBSITE OR THE MATERIALS AND/OR CONTENT AND/OR LINKS ON THIS WEBSITE FOR ANY PURPOSE. BY YOUR ACCESS TO THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THIS WEBSITE AND/OR ANY LINKS TO THIRD PARTY WEBSITES AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED BY We ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIAL, CONTENT, TEXT, GRAPHICS, EMAIL RESPONSES, LINKS AND OTHER ITEMS CONTAINED ON THIS WEBSITE OR ON ANY OTHER THIRD PARTY WEBSITE. We DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR MESSAGES SENT FROM We ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. We SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, OR ITS CONTENT OR ANY THIRD PARTY MATERIAL OR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
THE INFORMATION CONTAINED ON THIS WEBSITE AND IN ANY RESPONSES TO YOU ARE INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY AND ARE NOT CONFIDENTIAL. ANY INFORMATION YOU PROVIDE YOU DO AT YOUR OWN RISK. THIS INFORMATION SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTING WITH We OR OTHER PROVIDERS.
Applicable Law and Jurisdiction
By visiting this Website, you agree that these Terms for all purposes shall be governed and construed in accordance with the laws of the State of Connecticut, without regard to principles of conflict of law, and that any action based on or alleging a breach of these provisions must be brought in a state or federal court located in the State of Connecticut. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
Notification of Claims of Infringement.
If you are a copyright owner or an agent thereof and believe that any user submitted information or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Copyright Agent to locate the material;
- Information reasonably sufficient to permit the Copyright Agent to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent at learn@curvebreakerstestprep.com
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
IV. GENERAL INFORMATION:
General
We may make changes to the information, content and/or policies contained on this Website or the offerings and/or services described on this Website or the Website at any time at its sole discretion with or without notice. We make no commitment and undertake no obligation for it or its users to update the information contained herein. If any of these provisions are deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the Terms.
How to Contact Us:
If you have questions about the Terms or if you wish that we modify or delete your personal information that we have collected, you can contact us at learn@curvebreakerstestprep.com and ask for our website coordinator.
Photo-Use Policy
From time to time, we will want to share our story with others on our website, social media accounts, promotional materials, and e-communications. Content may include photos and videos of our clients and tutors having fun learning. We will never disclose a student’s name or other identifying characteristics. If you do not want your child photographed, contact us at learn@curvebreakerstestprep.com.
Terms and Conditions
OVERVIEW
This website is operated by Curvebreakers. Throughout the site, the terms “we”, “us” and “our” refer to Curvebreakers. Curvebreakers offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Curvebreakers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Curvebreakers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at learn@curvebreakerstestprep.com.
Our contact information is posted below:
310 Old Country Road, Suite 101
Garden City, NY 11530