Terms and Conditions

Your purchase, enrollment in, and use of products, services, and events (collectively “Program”) offered by Learn From The Best Test Prep, LLC (“The Best Test Prep”) hosted on www.thebesttestprep.com are subject to these terms and conditions (“Terms”). If You purchase or enroll in the Program for use by another (for example, a parent consenting on behalf of a child), these Terms govern both You and other(s) who use the Program you purchase (collectively, “You”). You agree to be bound by the Terms, which is an agreement between The Best Test Prep and You.

Children: Children under the age of 13 are not permitted to enroll in the Program. Children aged 13-17 may enroll in Program components that do not require purchase.  Only adults aged 18 and over may make purchases of our products, services, and aspects of the Program.

Program Fees: You agree to make full payment for our products, services, and Program components that you purchase in the amount(s) listed in your shopping cart, the Order Confirmation email You will receive, or as communicated by info@thebesttestprep.com. When applicable, standard shipping and handling charges may apply, and rates may be higher if we are shipping outside the United States. You must complete payment prior to commencing any Service unless you participate in installment or subscription billing, should we choose to offer it.

Installment Billing: If we at any time offer installment billing and You select it, we may charge an Installment Billing registration fee and make charges to your credit card as reflected in the Order Summary section of your shopping cart. Failure to complete timely payment (or credit card payments being declined) may result in the discontinuation of services. Returned checks are subject to a $30 handling fee. You authorize all such charges.

Administrator Portal: Some of The Best Test Prep’s Programs include an administrator portal for schools or institutions that you may attend or be associated with to assist them in improving their curricula, tracking usage and performance data about you or the class, and making decisions about supplemental services. (The administrator portal lists name, email, usage and performance data). When contracting with The Best Test Prep for Programs on your behalf or making arrangements to have the Programs available to you as a student of a school or member of the organization, the administrator portal is automatically opened to the school or organization that has made the purchase. For direct purchases made by you, you may opt to provide consent when prompted in the purchase process to open the administrator portal to the school you identified in the account page to help improve their curriculum, meet accreditation requirements, and reach out to you about participation in their supplemental services.

Data Privacy: You agree to The Best Test Prep’s Privacy Policy.

Refunds: Refunds are not available once a Program has ended. Refund policies may vary by Program and local law, and are included in the Services Agreement at the time of any purchase.  Shipping, handling and other processing fees (such as for Installment Billing) are non-refundable. If your Program Fees were paid by a third party any refund due will be paid to that third party. In no event may a refund exceed the amount that The Best Test Prep received for the Program. Refunds are available only for Programs purchased directly from The Best Test Prep, and in accordance with the terms and conditions set forth in the Services Agreement of the purchase.

Intellectual Property: All content and functionality in this Site and in our Programs, including text, graphics, logos, icons, images, books, questions, explanations, diagrams, animations, audio, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, programs, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works (collectively, the “Content”) are owned by The Best Test Prep, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these terms, The Best Test Prep grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Site or, if applicable, the Programs only for your own personal, non-commercial use.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, re-publish, download, store or transmit any of the material on the Site, Programs or Content, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.

If we provide social media features with certain content, you may take such actions as are enabled by such features.

Trademarks: The Site, Programs and Content feature logos, company names, product names, service names, designs, slogans and other trademarks and service marks (collectively, the “Marks”) that are registered and unregistered Marks of The Best Test Prep. Nothing contained in the Site, Programs or Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without written permission of The Best Test Prep. The Best Test Prep reserves all rights not expressly granted in and to the Site, Programs and Content.

You must not:

• Modify copies of any materials from the Site, Programs or Content, or use any software that applies any form of artificial intelligence analysis to the Site, Program or Content, including, but not limited, to generative artificial intelligence analysis (including, but not limited, to ChatGPT, OpenAI, or any other type of artificial intelligence).
• Resell, share, distribute, download, record, screenshot, copy, lease, transfer or commercially use the Site, Programs or Content.
• Create or attempt to create a substitute or similar service or product through the use of or access to the Site, Programs, Content or any proprietary information.
• Delete, deface or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site, Programs or Content.
• Decompile, scrape, disassemble, reverse-engineer or otherwise attempt to steal the software code of the Site, Programs or Content.

Any use of the Site, Programs or Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

User Content: If You submit comments, photos and other content to us (“User Content”) through Site, social media communities, responses, email or otherwise, You grant us an irrevocable, royalty-free, perpetual, transferable, license to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User Content with your name and/or likeness. You are solely responsible for your User Content.You represent that You have the right to submit User Content to us and the right to grant us the license described above. You warrant that User Content, and our use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.

Copyright. The Best Test Prep is committed to complying with copyright and related laws and requires all users of the Site to comply with these laws.  Accordingly, you may not store any material or content or use or disseminate any material or content through the Site in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law.  Pursuant to 17 USC.  § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA.

The Notice of Infringement contains requested information that substantially complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC.  § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

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 are covered by a single notification, a representative list of such works at the 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 service provider to locate the material.

Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has 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.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

Passwords: When You set up a The Best Test Prep account, You must choose a password. You are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree not to disclose your password to any third party. The Best Test Prep has the right to terminate your account for any reason at our sole discretion without notice to You.

Mobile Devices: Programs may offer Content and features that are available via a mobile device. Standard messaging, data and other fees may be charged by your carrier, which You alone are responsible for. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. 

Class Schedule and Location Changes: Class schedules and locations of Programs are subject to change and/or cancellation. The Best Test Prep will notify You of any changes or cancellations. If an alternative The Best Test Prep Program does not meet your needs, The Best Test Prep will provide an appropriate refund, if applicable.

Program Changes: The Best Test Prep frequently updates, revised and modified Programs, including Program Content, features and services (“Program Changes”).The Best Test Prep reserves the right to make changes to Program Changes at any time, subject to such changes not materially degrading the Program.

Tutoring Policies: If You purchase a tutoring Program, You and your tutor(s) will plan a schedule that is mutually convenient. If You need to cancel or postpone a lesson, You must directly notify your tutor at least 24 hours in advance. Failure to do so will result in a deduction of the hours from your tutoring package.

The Best Test Prep’s tutoring sessions are delivered via online or in-person, according to what is purchased and mutual agreement between The Best Test Prep and You.

Technical Requirements: You will be responsible for meeting and maintaining the minimum technical requirements for your selected purchase in order to access certain features of your Program. Access to Programs may require internet access, for which The Best Test Prep is not responsible. Access to digital publications may require setting up an account on a third party site.

Student Code of Conduct: The Best Test Prep may remove from Programs students whom The Best Test Prep deems in its discretion to be disruptive to the learning environment, dangerous to other students or faculty, have failed to comply with school’s health and safety policies, repeatedly violate policies such as classroom etiquette, have acted in a manner that shows lack of dignity and respect for faculty and/or students, have violated any intellectual property rights of The Best Test Prep or others, or have engaged in academic misconduct, such as cheating or violating confidentiality. Students removed from Programs for violations of the Code of Conduct are not eligible for refunds or eligible to purchase other Programs.

Classroom Etiquette:  You must follow proper classroom behavior when participating in the Program and engaging with fellow students and faculty online or in-person, as applicable:

1. Do Not Record. You cannot take photos or videos of others, or the presentation, without permission. You cannot share or post pictures or videos of others without their knowledge or permission.
2. Be Professional. Dress with clothes appropriate for class. You are responsible for your screen name, computer screen and background displayed to others. You may not display any offensive or inappropriate material on your person or your screen
3. Be Respectful and Kind. Ask appropriate questions, and be willing to listen to fellow students and engage in the learning process. Do not dominate other students’ opportunity to learn by asking too many questions. When asking questions and making comments, keep them related to the discussion at hand. Do not abuse the chat box.
4. Be Prepared to Learn.  Arrive to class on time and come to class prepared. Refrain from checking any other website (social media, gaming, etc.) or messages during class.
5. Eliminate Distractions. Mute yourself until you are called on to speak. Turn mobile phones off. Choose a location that will not cause distraction for you or others who will view your screen or hear your background noise during class.

International Students: If You study in the U.S. on an international student visa You are responsible for complying with all of the terms of that visa, including timely departure from the U.S.

Disclaimer and Limitation of Liability: PROGRAMS ARE PROVIDED “AS IS” AND THE BEST TEST PREP DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. IN NO EVENT SHALL THE BEST TEST PREP BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF THE BEST TEST PREP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE BEST TEST PREP’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU FOR YOUR PROGRAM.

Arbitration and Class/Collective Action Waiver:

Any and all disputes arising from or related to this Agreement, including whether the dispute is arbitrable and the scope of this arbitration agreement, shall be finally resolved by arbitration administered by a single arbitrator under the then-applicable rules of the American Arbitration Association (as modified herein) in accordance with the Federal Arbitration Act. The arbitration shall be governed by and construed by federal law to the fullest extent possible. Unless otherwise agreed by the parties, the arbitration shall take place in the largest U.S. city within 100 miles of your permanent residence.  If You reside outside the United States, then the arbitration shall take place in accordance with the American Arbitration Association Consumer Rules and Protocol. Judgment on the arbitral award may be entered in any court having jurisdiction thereof.

To the maximum extent permitted by law, should You wish to initiate a legal action against The Best Test Prep in arbitration, You waive any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which The Best Test Prep. The same applies to The Best Test Prep’s legal actions against You. Thus, You and The Best Test Prep agree that each may bring claims in arbitration against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class. Further, unless both You and The Best Test Prep agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over a representative or class proceeding.

Tax: Purchases may be subject to taxes. Tax rates are different from state to state. You are responsible for paying all such taxes.

Sanctions and Export Compliance:

The Best Test Prep complies with U.S., UK, EU, and other economic and/or trade sanctions and export laws and regulations. The Best Test Prep products and services are not intended for distribution, or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject The Best Test Prep to any registration requirement within such jurisdiction or country. Thus, no The Best Test Prep software or services may be used, downloaded by, exported, or re-exported to: (a) a person located, organized, or ordinarily resident in any country that is the subject of comprehensive sanctions imposed by the U.S., UK, EU, or UN; (b) any person listed on any U.S., UK, EU, or other relevant sanctions- or export controls-related list of prohibited or restricted parties, including but not limited to the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Nationals, the U.S. Commerce Department’s Denied Persons List or Entity List, the UK sanctions list, or the EU consolidated list of persons, groups, and entities subject to EU financial sanctions; (c) any entity 50% or more owned, directly or indirectly, or controlled by any such person(s) described in (a) or (b); or (d) to any person otherwise blocked by or the subject of sanctions imposed by the U.S., UK, EU, or other relevant government or governing body. Access to this Site, software, free products or course trials, applications for admission, purchases, services, paid products, and payment or funding plans may be subject to additional review to ensure ongoing compliance with legal requirements. Current students or customers traveling or relocating outside of the U.S. may be unable to access the learning management system, services, and courses from countries or regions subject to economic and/or trade sanctions by the Office of Foreign Assets Control (OFAC) or other authorities.

Miscellaneous:

These Terms cannot be changed or modified orally, or even in written form if misinformation or a typographical error is accidentally given to You by an officer or employee of The Best Test Prep. If any provision of Terms is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of Terms shall continue in full force and effect.

Contact: All comments, queries and requests relating to these Terms and Conditions are welcomed and should be addressed as follows:

By email: info@thebesttestprep.com

Certification and Release

• You certify that neither you nor any person contributing to payment for The Best Test Prep services on your behalf are on any list of restricted persons with whom it is unlawful for a United States company to do business, or located in a jurisdiction where your use would violate law or regulation;
• You certify that neither you nor any person contributing to payment for The Best Test Prep services on your behalf are an employee, contractor, or current or former official of the Government of Venezuela including all political subdivisions, agencies, or instrumentalities thereof);
• You certify that you are not enrolling the Program in order to, nor will engage in any activity while enrolled in the Program that will, cause The Best Test Prep to violate any sanctions or export controls law, rules, and regulations;
• You acknowledge that access to the Program may cease when traveling or relocating outside the U.S. into countries or regions subject to economic and/or trade sanctions by the U.S. Treasury Department or other authorities;
• Program sessions may be delivered through communications technologies including but not limited to Zoom, Skype, Google Meet, Microsoft Teams, AdobeConnect, Brightcove, WebEx, E360 where recording may be enabled by the instructors or coaches (collectively “host(s)”).  You will receive a notification (visual or otherwise) when recording is enabled in a class, tutoring or coaching session. By purchasing the Program(s), You agree that The Best Test Prep and any third party technology vendor used to deliver the instruction, has consent to record any participation you choose to engage in during the sessions (i.e. chats, shared screen time initiated by you). The Program recordings may be made available to other The Best Test Prep students for instruction, may be used externally for promotional purposes, internally for quality assurance and training to improve the Programs, or for other internal purposes.
• You certify that you have enrolled with The Best Test Prep for the sole purpose of exam preparation and not at the discretion of, or for the benefit of, any The Best Test Prep competitor;
• You understand that The Best Test Prep’s Programs do not guarantee passing of any exam,  or any increase in scores, or admission into any school; you further understand that accidental errors in instruction are a natural and inevitable part of any instruction, for which you hold The Best Test Prep harmless;
• You authorize The Best Test Prep representatives to charge your credit or charge card in accordance with the amounts and schedule emailed to you until tuition payment is complete; and
• YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS IN THEIR ENTIRETY INCLUDING ANY AND ALL RELATED LINKS.BY SUBMITTING, YOU AFFIRM YOUR UNDERSTANDING AND AGREEMENT TO BE BOUND BY THESE TERMS.