Welcome to FLORIDA PREP EXPRESS ("FPE" or "us" or "we"), by accessing this Website, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.
1. Hyperlinks to this Site
You may not use, frame, or utilize framing techniques to enclose any FPE trademark, logo or trade name or other proprietary information including the images found at the Site/app, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of FPE.
2. Links to Third Party Websites
The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Jcorp. If you use these links, you may leave the Site. FPE has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. FPE does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
3. Password Restricted Areas of the Website
Certain areas of the Site may be password restricted to registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify FPE if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any test submissions, which may be incurred under your password-protected account or students/child's account, whether or not you are the individual who undertakes such activities. You agree to immediately notify FPE of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.
4. Accurate Signups
By signing up for an account you agree that the given information is reliable, accurate and true, you also agree that you will inform FPE if any changes to this information are made.
You acknowledge that you are responsible for the information and material that you submit to the Site though email or otherwise through tests (each a "Submission"), and that you, and not FPE, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality and copyright. As such, you agree to indemnify and hold FPE entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by FPE in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your Submissions, your use of the Site or the use of the Site by any person using your username and/or password violates any applicable law or regulation, or the rights of any third party.
You shall not upload to, distribute through, or otherwise publish through the Site any content that you do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. It is agreed upon that you will not in any way: (i) interfere with the ability of others to access or use the Site; or (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to use the Site. It is agreed upon that if you access our system through any method that is in any way improper, or allow anyone else to do so, you will pay us all costs we incur related to detecting and investigating your improper action(s). It is agreed upon that these costs may at our sole discretion include our inside and outside attorney time and fees as well as the fees of private and forensic investigators and all court and other costs associated with collecting the amounts you owe. For the purposes of this document, improper access means any access other than following our defined procedures for creating a valid account. Examples of improper access include (but are not limited to) using any means to circumvent our registration systems, hacking our system in any way, sharing your account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, or failing to log yourself out after a session and (regardless of intention) thereby allowing others to access your account. Improper access also includes using any artifice or method (such as using multiple email accounts) to create multiple accounts on FPEs servers. This may include, but is not limited to: using multiple email accounts or using multiple third-party logins (such as Google, Microsoft or Active Directory, Clever, or Classlink).
7. Modifications to the Service
We may add, change or eliminate features, tests, lessons, and other aspects of the Site and make other changes at any time and these Terms will continue to apply to the Site as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Site.
9. Software License.
Unless accompanied by a separate FPE license agreement any desktop or web software provided by us to you as part of the Services is subject to these Tents.
a. If you comply with these Terms, we grant you the right to use this software on any computer with your login information on a worldwide basis for use by only one person as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by FPE. Notices, if any, for the third-party code are included for your information only.
b. The software is licensed, not sold, and FPE reserves all rights to the software not expressly granted by FPE, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
i. circumvent or bypass any technological protection measures in or relating to the software or Services;
ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
iii. separate components of the software or Services for use on different devices;
iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless FPE expressly authorizes you to do so;
v. transfer the software, any software licenses, or any rights to access or use the Services;
vi. use the Services in any unauthorized way that could interfere with anyone else's use of them or gain access to any service, data, account, or network;
11. DISCLAIMER OF WARRANTY.
THE APPLICATION IS LICENSED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. SHOULD IT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. THE APPLICATION PUBLISHER, ON BEHALF OF ITSELF, FPE, WIRELESS CARRIERS OVER WHOSE NETWORK THE APPLICATION IS PROVIDED, AND EACH OF OUR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS ("COVERED PARTIES"), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS IN RELATION TO THE APPLICATION. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CAN'T CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, COVERED PARTIES EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
TO THE EXTENT NOT PROHIBITED BY LAW, IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES, YOU CAN RECOVER FROM THE APPLICATION PUBLISHER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APPLICATION OR $1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING LOST PROFITS AND CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, OR INCIDENTAL DAMAGES, FROM THE APPLICATION PUBLISHER.