Terms of Use and Privacy Policy
By using and/or accessing this site in any way you
agree to and are bound by the terms and conditions set forth in this
document and any changes thereto that Advanced Online Learning, LLC
(referred to hereinafter as “AOL”) may publish from time to time
(collectively known as “Terms of Use”).
If you do not agree to all of the terms and conditions within the
Terms of Use, do not access or use this site.
AOL may change the Terms of Use and/or other
guidelines and rules posted on the site at any time at it's sole
discretion. You continued
access or use of the site, or any materials or services it contains,
constitutes your acceptance of the changes.
You access and use of the site, materials, and services will be
subject to the most current version of the Terms of Use.
If you breach any of the Terms of Use, your
authorization to access or use this site immediately terminates and any
and all materials downloaded or printed from the site in violation of
the Terms of Use must be immediately destroyed.
You represent and warrant the following:
All information provided by you to AOL is correct,
valid, and current.
You have the right, authorization, and power to
enter into this Agreement and to perform the acts required of you
hereunder.
AOL will use and protect your data in accordance
with our Privacy Policy, which is located on this page following the
Terms of Use. Please be
aware that your browser needs to accept cookies in order for you to use
certain portions of this website.
Registration
In order to access certain areas of this site you
must register and compete the registration process.
All registration materials provided must be current, accurate,
and complete and kept up to date on a prompt and timely basis.
You must choose a user name and password to access the CLEP* and
DANTES (DSST) tests on this site.
It is your sole responsibility to keep your user name and
password and other sensitive data confidential.
If you become aware of any unauthorized use of your account or
materials you shall notify AOL immediately.
AOL makes access to this website available to you
and is subject to its Terms of Use.
Intellectual property, limited license to users,
trademark information
All site materials and services are protected by
copyrights, trademarks, and patents and are the sole property of
Advanced Online Learning, LLC.
Any unauthorized use of the materials and services contained on
this website may violate such laws and the Terms of Use.
You agree not to copy, republish, frame, download, transmit,
modify, adapt, create derivative works based on, rent, lease, loan,
sell, assign, distribute, display, perform, license, sub-license or
reverse engineer the site, materials or services, any portions of the
site, materials or services or the selection and arrangement of the
site, materials or services, except as expressly authorized herein.
The trademarks, logos and service marks displayed
on this site are the property of AOL or other third parties.
You are not permitted to use the marks without the prior written
consent of AOL or such
third party that may own the marks. Mister Prep and the Mister Prep logo
are trademarks of Advanced Online Learning, LLC.
The materials and services provided on this site,
as well as their selection and arrangement, are protected to the fullest
extent possible by applicable laws related to copyrights, trademarks,
trade secrets and all other intellectual property and proprietary
rights. AOL grants you
non-exclusive, non-transferable, limited permission to access and
display the web pages within this site, solely on your computer and for
your personal, non-commercial use of this web site. This permission is
conditioned on your not modifying the content displayed on this site,
your keeping intact all copyright, trademark, and other proprietary
notices, and your acceptance of any terms, conditions, and notices
accompanying the content or otherwise set forth in this site.
Use of site and services
You shall pay all costs and charges, including
phone charges and telecommunications equipment costs, that you incur in
order to access or use the site, services and/or materials.
You must adhere to all limitations on dissemination, usage, and
reproduction of any materials that you download from the site that are
subject to such limitations.
You agree to use the services only to access, utilize, post, send
or receive materials in an appropriate manner as related to the
particular materials or services being accessed or used by you.
Improper usage activities include, but are not limited to the
following.
You agree that you shall not:
Collect, harvest, mine or engage in any other
activity to obtain e-mail addresses, phone numbers, or any personal
information about others.
Use or attempt to gain access to or use another
persons account, password, service, materials or computer systems or
networks connected to any AOL server or to the site without
authorization from AOL, whether through hacking, password mining or by
any other means.
Remove or falsely add to any uploaded materials any
copyright, trademark or other legal or proprietary rights notices,
author attributions or other information such as origin or source of the
material.
Access or attempt to access any material that you
are not authorized to access or through any means not intentionally made
available through the site or services.
Make available any files containing materials where
you do not own or control, or have not received the necessary licenses
to, all Intellectual Property Rights, rights of privacy and publicity
and all other rights in and to such material.
Use any material in any manner that infringes any
Intellectual Property Rights or other rights of any party.
Disrupt or interfere with the security of, or
otherwise cause harm to, the site, or any services, materials, systems
resources, accounts, passwords, servers or networks connected to or
accessible through the site or any affiliated or linked sites.
Disrupt, interfere or inhibit any other user from
using and enjoying the site or other affiliated or linked sites,
materials or services.
Post or otherwise submit any software, programs or
files that are harmful or disruptive of equipment, software or other
property, including any corrupted files, time bombs, Trojan horses,
viruses and worms.
Transmit unsolicited or bulk communications to any
AOL account holder or to any misterprep.com email address.
Create a false identity for the purpose of
misleading others.
Download any materials posted by another that you
know, or reasonably should know, cannot be legally reproduced,
distributed, performed or displayed in any such manner.
Access or use the Site in any unlawful manner or
any manner that could damage, disable, overburden or impair any AOL
server or the network(s) connected to any AOL server.
Violate any applicable laws or regulations related
to the access to or use of the site, or engage in any activity
prohibited by the Terms of Use.
Prepare, compile, use, download or otherwise copy
any site user directory or other user or usage information or any
portion thereof, or transmit, provide or otherwise distribute such
directory or information to any third party.
Violate the rights of AOL or any third party
(including rights of privacy and publicity) or abuse, defame, harass,
stalk or threaten another.
Use any AOL domain name as a pseudonymous return
e-mail address.
Market any goods or services for any business
purpose (including advertising and making offers to buy or sell goods or
services), unless specifically allowed to do so by AOL.
Upload, post, transmit, share, store or otherwise
make available any content or material that
contains any private information of any third
party, including, addresses, phone numbers, email addresses, and/or
credit card numbers.
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.
In the sole judgment of AOL, is objectionable or
which restricts or inhibits any other person from using or enjoying the
site, or which may expose AOL or its users to any harm or liability of
any type.
Use or attempt to use any account other than your
own, service or system without authorization from AOL, or create a false
identity on the service or the site.
When using services or materials, you will be
subject to any posted guidelines, rules or licenses applicable to such
services or materials, in addition to the Terms of Use. Materials and
Services provided by third parties, if any, (collectively, the
"Third-Party Services") are governed by separate agreements accompanying
such materials and services. AOL offers no guarantees and assumes no
responsibility or liability of any type with respect to the Third-Party
Services, including any liability resulting from incompatibility between
a Third-Party Service, AOL materials, AOL provided services or another
Third-Party Service. You agree that you will not hold AOL responsible or
liable with respect to the Third-Party Services. AOL, in its sole
discretion, may (but has no obligation to) monitor or review the
materials and services at any time. AOL may at any time without notice
and in its sole discretion:
Terminate a service, access to or use of any
materials or an area of the site where materials are posted or
submitted.
Disclose any information related to your use of a
service or material, or the substance of any of your posted or submitted
materials, as AOL deems necessary to comply with applicable law,
regulation, legal process or governmental request. You agree to use
extra care when disclosing any personally identifiable information about
yourself or your children in any services or when you post or otherwise
submit any materials.
Submitted Materials and Use of Software
All of your user materials that you post on or
otherwise submit via the site and services shall not be confidential
information or trade secrets owned by you or any other party.
You will receive no compensation for any use of your user
materials. AOL may, but is not required to, post or use any of your user
materials that you may post or otherwise submit.
AOL does not pre-screen user materials that users provide or
otherwise submit via the site or services. However, AOL may remove any
posted or submitted user materials from the site or any service for any
reason without notice in its sole discretion. By posting or submitting
your user materials, you represent and warrant that you own or otherwise
control all of the Intellectual Property Rights and other rights to your
user materials as described in these Terms of Use, including all the
rights necessary for you to post or submit your user materials.
In addition, by posting or otherwise submitting
your user materials that contain images, photographs, pictures, videos,
web-casts or that are otherwise graphical in whole or in part
("Images"), you represent and warrant that: (a) you own the copyright in
such Images, or that you have obtained all necessary license(s) from the
copyright owner(s) of such Images to use such Images, or portions
thereof, in keeping with your use in connection with the site, the
services and as otherwise permitted by these Terms of Use; (b) you have
the rights necessary to grant the licenses and sub-licenses described in
these Terms of Use; and (c) you have received consent from any and all
persons depicted in such Images to use the Images as set forth in these
Terms of Use, including the distribution, public display, public
performance and reproduction of such Images.
By posting or otherwise submitting Images, you grant to AOL and
all other users of this site permission to use your Images in connection
with their use permitted by these Terms of Use, including an
unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and
fully paid up license under all Intellectual Property Rights to copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, modify, translate, transmit and reformat your Images, with or
without having your name attached to such Images, in any manner or form
and for any purpose, with full rights to sub-license such rights through
multiple tiers of distribution.
You will receive no compensation with respect to the use of your
Images.
You are solely and entirely responsible for all of
your user materials that you post or otherwise submit via the site or
services. You shall assume
all risks associated with the use of your user materials including any
reliance on the accuracy, completeness or usefulness of your user
materials. AOL does not
guarantee the accuracy, integrity or quality of your user materials. You
acknowledge and agree that by accessing or using the site or services,
you may be exposed to user materials from others that are offensive,
indecent or otherwise objectionable.
For all of your user materials that you post or
otherwise submit to the site, including (a) comments to Communications
Venues, (b) feedback, (c) bug reports, (d) piracy reports or (e) product
suggestions, you grant AOL and the users of this site an unrestricted,
irrevocable, non-exclusive, worldwide, royalty-free and fully paid up
license under all Intellectual Property Rights to use, reproduce,
publicly display, publicly perform, copy, edit, modify, translate,
reformat, transmit and distribute such user materials, with or without
having your name attached to such user materials, in any manner or form
and for any purpose, with full rights to sub license such rights through
multiple tiers of distribution, and you also acknowledge and agree that
AOL is free to use any ideas, concepts, know-how or techniques that you
provide for any purpose without any compensation to you. You acknowledge
and agree that AOL shall not be liable for any failure to store user
materials on the site at any time.
The site, services or materials may include links
that will take you to other sites outside of the site ("Linked Sites").
The Linked Sites are provided by AOL to you as a convenience and
the inclusion of the links do not imply any endorsement by AOL of any
Linked Site. AOL has no
control of the Linked Sites and you therefore acknowledge and agree that
AOL is not responsible for the contents of any Linked Site, any link
contained in a Linked Site or any changes or updates to a Linked Site.
You further acknowledge and agree that AOL is not responsible for any
form of transmission received from any Linked Site.
AOL may block, restrict, disable, suspend or
terminate your access to all or part of the free site, services and
materials at any time in AOL's sole discretion, without prior notice to
you or liability to AOL.
Specifically, after a period of inactivity, AOL reserves the right to
disable or terminate a user's account. If an account has been
deactivated for inactivity, the user name associated with that account
may or may not be given to another user without notice to you or such
other party.
If you violate any of the terms and conditions AOL
may, at their sole discretion, block, restrict, disable, suspend or
terminate the paid conditions.
The site, services and materials, are provided by
AOL under these terms of use "as is" without warranty of any kind,
either express, implied, statutory or otherwise, including, but not
limited to, the implied warranties of title, non-infringement,
merchantability or fitness for a particular purpose. Without limiting
the foregoing, AOL makes no warranty that :
-The site, services or materials will meet your
requirements.
-The site, services or materials will be
uninterrupted, timely, secure, or error-free.
-The results that may be obtained from the use of
the site, services or materials will be effective, accurate, or
reliable.
-The quality of the site or any services or
materials purchased or accessible by you will meet your expectations and
-Any errors or defects in the site, services or
materials will be corrected.
AOL specifically disclaims any liability with
regard to the site, services and any actions resulting from your use of
the site and materials and participation in any services. Managers,
hosts, participants and other third parties are not authorized AOL
spokespersons, and their views do not necessarily reflect those of AOL.
To the maximum extent permitted by law, AOL will have no
liability related to user materials arising under intellectual property
rights, libel, privacy, publicity, obscenity or other laws.
AOL also disclaims all liability with respect to the misuse,
loss, modification or unavailability of any user materials.
The use of the site, services or the downloading or
other use of any materials is done at your own discretion and risk and
with your agreement that you will be solely responsible for any damage
to your computer system, loss of data or other harm that results from
such activities. AOL assumes no liability for any computer virus or
other similar software code that is downloaded to your computer from the
site or in connection with any services or materials. No advice or
information, whether oral or written, obtained by you from AOL or via
the site, services or materials shall create any warranty not expressly
stated in the terms of use. AOL will not be liable for any loss that you
may incur as a result of someone else using your password or account
with respect to the site or any services or materials, either with or
without your knowledge.
This site, services and materials may include
technical or other mistakes, inaccuracies, or typographical errors. AOL
may make changes to the site, materials and services, including the
prices and descriptions of any software or products listed, at any time
in its sole discretion and without notice. The site, materials and
services may be out of date, and AOL makes no commitment to update the
site, materials and services.
This site can be accessed from countries around the
world and may contain references to AOL products, services and programs
that are not available in your country.
These references do not imply that AOL intends to announce such
products, services or programs in your country.
The site is controlled, operated and administered by AOL. If you
access the site from a location outside The United States, you are
responsible for compliance with all local laws.
AOL may run advertisements and promotions from
third parties via the site, services or materials in any manner or mode
and to any extent. Your
communications, activities, relationships and business dealings with any
third parties advertising or promoting via the site, services or
materials, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, shall be solely matters between you and
such third parties. You
acknowledge and agree that AOL is not responsible or liable for any loss
or damage of any kind incurred as the result of any such dealings or as
the result of the presence of such non-AOL advertisers on the site or in
connection with the services or materials.
Indemnity and Liability
You agree to indemnify and hold AOL and its
officers, co-branders, other partners and employees harmless from any
claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of:
Your user materials and any other content (e.g.
computer viruses) that you may submit, post to or transmit through the
site (including a third party's use of such user materials or content
(e.g. reliance on the accuracy, completeness or usefulness of your user
materials).
Your access to or use of the site, services or
materials (including any use by your employees, contractors or agents
and all uses of your account numbers, user names and passwords, whether
or not actually or expressly authorized by you, in connection with the
site or any services or materials).
Your connection to the site, services or materials.
Your violation of the Terms of Use.
Your infringement of any third party's Intellectual
Property Rights when using any of the materials made available on the
site.
Your violation of any rights of any third party.
Your access to or use of Linked Sites and your
connections thereto.
Any dealings between you and any third parties
advertising or promoting via the site, services or materials.
AOL reserves the right to contact you from time to
time regarding new site features, product launches, etc... through
e-mail, SMS, phone call , physical mail etc....
AOL will, in appropriate circumstances, terminate
the accounts of users who infringe the Intellectual Property Rights of
others. AOL will
investigate notices of copyright infringement and take appropriate
actions under the Digital Millennium Copyright Act, Title 17, United
States Code, Section 512(c)(2) ("DMCA").
If you believe that your work has been used or copied in a way
that constitutes copyright infringement and such infringement is
occurring on this site or on sites linked to from this site or in
connection with the services or materials, please provide, pursuant to
the DMCA, written notification of claimed copyright infringement to the
Designated Agent for this Site (see below), which must contain the
following elements:
A physical or electronic signature of the person
authorized to act on behalf of the owner of the copyright interest that
is alleged to have been infringed;
A description of the copyrighted work or works that
you claim have been infringed and identification of what content in such
work(s) is claimed to be infringing and which you request to be removed
or access to which is to be disabled;
A description of where the content that you claim
is infringing is located on the AOL site;
Information sufficient to permit AOL to contact
you, such as your physical address, telephone number, and e-mail
address;
A statement by you that you have a good faith
belief that the use of the content identified in your Notice in the
manner complained of is not authorized by the copyright owner, its
agent, or the law;
A statement by you that the information in your
notice is accurate and, under penalty of perjury, that you are the
copyright owner or authorized to act on the copyright owner's behalf.
AOL's Designated Agent for Notice of claims of
copyright infringement can be reached as follows:
Advanced Online Learning, LLC
375 N. Stephanie St.
Suite 1411
Henderson, NV
89014-8909
The Designated Agent should be contacted only if
you believe that your work has been used or copied in a way that
constitutes copyright infringement and such infringement is occurring on
the site or in connection with the services or materials. All other
inquiries directed to the Designated Agent will not be responded to.
The Terms of Use and other rules, guidelines,
licenses and disclaimers posted via the site or in connection with the
materials and services constitute the entire agreement between AOL and
you with respect to your access to or use of the site, materials and
services superseding any prior agreements between you and AOL on such
subject matter (including any prior versions of the Terms of Use).
Notwithstanding the foregoing, to the extent that any terms set
forth in the Terms of Use expressly contradict any terms of a written
agreement between you and AOL regarding the use of specific services or
materials. You may also be
subject to additional terms and conditions that may apply when you use
other AOL services, third party content, or third party software. You
may not assign or otherwise transfer the Terms of Use nor any right
granted hereunder without AOL's prior written consent.
If for any reason a court of competent jurisdiction finds any
provision of the Terms of Use, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as
to effect the intent of the parties as reflected by that provision, and
the remainder of the Terms of Use shall continue in full force and
effect. Any failure by AOL
to enforce or exercise any provision of the Terms of Use or
related right shall not constitute a waiver of that right or provision.
The section titles used in the Terms of Use are purely for
convenience and carry with them no legal or contractual effect.
Privacy Policy
This Privacy Policy explains what information is collected from visitors
to AOL, why the information is collected and how it is used.
It also explains user options for accessing and managing
information, our data security practices and other matters.
AOL is operated and owned by Advanced Online Learning, LLC.
This Policy is subject to our Terms of Use (see above).
AOL does collect personal information from you for
identification purposes.
Information collected enables us to give you convenient access to our
service offerings and products, and may help us tailor your learning
experience.
We collect information to provide more effective
services. We ask for your
name, email address, and other personal information when you register to
use certain features of our website.
We also may ask for this information at other times, such as when
you enter contests or other promotions sponsored by us and/or our
partners. If you use a
feature that requires payment of a fee, we collect your credit card data
or payment account information.
When you use one of our paid products, we track the
web pages, and information that has been accessed by you, and store it
on our servers.
We send cookies to your computer, thereby uniquely
identifying you and your browser.
Cookies are used to track your preferences and help you log in
faster. This data is used
to improve our offerings, such as providing more content in areas of
greater interest to a majority of users.
Most browsers are initially set up to accept
cookies, but you can reset your browser to refuse all cookies or to
indicate when a cookie is being sent.
Some of our features and services may not function properly if
your cookies are disabled.
When you access our website, our servers
automatically record information that your browser sends whenever you
visit a website. These
server logs may include information such as your web request, Internet
Protocol address, browser type, browser language, the date and time of
your request and one or more cookies that may uniquely identify your
browser.
When you send email or other communication to us,
we may retain those communications in order to process your inquiries,
respond to your requests and improve our services.
We may present links in a format that enables us to
keep track of whether these links have been followed.
We use this information to improve our customized content.
Clicking on links may take you to sites outside our domain.
We are not responsible for the privacy practices of other web
sites. We encourage our
users to be aware when they leave our site to read the privacy
statements of each and every web site that collects personally
identifiable information.
This Privacy Policy applies solely to information collected by our site.
We may alert you by email if we update our website in a way that we
believe you should know about. We may email you with information
pertinent to your current or former membership. We may email you with
special offers that we believe you may be interested in. These emails
will always have a way for you to opt-out if you do not wish to receive
them. Email alerts are usually prompted by new features on the websites,
substantial improvements in product offerings, or special offers.
When you use certain features on our website like
the discussion forums and you post or share your personal information
such as comments, messages, files, photos, will be available to all
users, and will be in the public domain.
All such sharing of information is done at your own risk.
Please keep in mind that if you disclose personal information in
your profile or when posting on our forums this information may become
publicly available.
If use a feature requiring payment of a fee, we
transmit your credit card data to our bank for processing.
If we encounter a problem with payment, we may review the order
information with you and our bank to resolve it.
We do not otherwise disclose your credit card information.
We do not share your email address or your personal information
with third party marketers.
We offer secure pages to collect sensitive
information on our order form, such as credit card information.
We also use administrative, physical and technical precautions to
help protect the confidentiality, security and integrity of personal
information stored on our system.
We host the site at a commercial-grade data center that employs
extensive security practices.
While no computer system is completely secure, we believe the
measures implemented by our site reduce the likelihood of security
problems to a level appropriate to the type of data involved.
Other than the above mentioned sharing of data
related to credit card information, we only share personal information
with other companies or individuals outside of AOL in the following
limited circumstances:
We have a good faith belief that access, use,
preservation or disclosure of such information is reasonably necessary
to:
Satisfy any applicable law, regulation, legal
process or enforceable governmental request.
Enforce applicable Terms of Use, including
investigation of potential violations thereof.
Detect, prevent, or otherwise address fraud,
security or technical issues, or
Protect against imminent harm to the rights,
property or safety of AOL, its users or the public as required or
permitted by law.
If we become involved in a merger, acquisition, or
any form of sale of some or all of our assets, we will provide notice
before personal information is transferred and becomes subject to a
different privacy policy.
We may share with third parties certain pieces
non-personal information such as the number of users subscribed to a
particular product, or the number of users registered on our website.
Such information does not identify you individually.
We may provide information to service providers to
help us bring you the services we offer.
Specifically, we may use third parties to facilitate our
business, such as to host the service at a co-location facility for
servers. Where we utilize
third parties for the processing of any personal information, we
implement reasonable contractual and technical protections limiting the
use of that information to our specified purposes.
Currently, we plan to retain user data while an
account is active and for at least three years afterward.
We may alter this practice according to legal and business
requirements. For example,
we may lengthen the retention period for some data if needed to comply
with law or voluntary codes of conduct.
Unless otherwise prohibited, we may shorten the retention period
for some types of data if needed to free up storage space.
You can access and manage your account information.
You can update your usage by accessing further paid services or
products, or change details such as email address, and personal
information.
By accessing our website, you agree to this Privacy
Policy. This document
supersedes any prior communication on this topic and reflects the entire
and exclusive Privacy Policy for this site. This Policy is subject to
our Terms of Use, which take precedence over any conflicting Policy
provision. We may change our Policy by posting a new version of it on
our site.