Terms of Service and Terms of Sale
PLEASE READ THE FOLLOWING TERMS OF SALE FULLY AND CAREFULLY BEFORE PURCHASING ANY SAMSCHOOL PRODUCT / SERVICE.
PLEASE SCROLL DOWN TO READ SamSchool’S REFUND POLICY AND DISCLAIMER.
In this document, “Customer” or “The Customer” means the person or the entity who visits this website or signs up or registers or purchases or is licensed to use SamSchool’s products or services or courses.
“SamSchool” means Sam School for Test Prep, LLC.
“SamSchool Products” or “SamSchool Product(s)” means one or more products and services, including SamSchool Online Courses, offered by SamSchool for Test Prep, LLC.
“SamSchool Websites” or “SamSchool Website(s)” means all websites, including, but not limited to, SamSchool.org and online.SamSchool.org, owned and operated by SamSchool.
Unless otherwise agreed upon in writing by SamSchool, the following Terms of Sale govern the sale of SamSchool Products to commercial and public customers, including those customers who purchase SamSchool products, software and services through a reseller or educational institutions or any third-party.
When the Customer registers and pays for SamSchool Product(s), SamSchool grants the Customer a nonexclusive license to use SamSchool Products for the Customer’s own private use or the private use of the Customer’s child(ren).
This Terms of Sale and the Customer’s license is deemed to be activated and the Customer is deemed to have read and agreed to all of the terms of this document when (1) the Customer registers for any SamSchool Product(s), including FREE products, or (2) our website / server sends out a confirmation email after registration, or (3) the Customer signs into our website after registration, whichever is earlier.
Ownership and Title:
SamSchool is the sole owner of all rights, title and interest of all SamSchool Products, including courses, video lessons, audio, teaching methodologies, scripts, tests, techniques, all educational material, illustrations, diagrams, pictures, related explanatory written materials, tutorials and the contents of SamSchool Websites.
The Customer acknowledges and agrees that SamSchool Websites contain proprietary and confidential information that are protected by applicable intellectual property, copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SamSchool in writing, the Customer may not modify, rent, lease, loan, sell, distribute or create derivative works based on SamSchool websites in whole or in part.
The Customer also acknowledges and agrees that the names “SamSchool” and “Sam School” and the SamSchool logo and other SamSchool product and service names are trademarks of SamSchool. Without SamSchool’s prior permission, the Customer agrees not to display or use SamSchool names and/or logo in any manner.
The Customer clearly understands that SamSchool is a private business organization specializing in educational services, courses and software. SamSchool is NOT a private or public school.
Using SamSchool Websites:
SamSchool Websites may provide links to other websites or resources. SamSchool has no control over or responsibility for such sites and resources. The Customer agrees that SamSchool is not responsible for the availability of such external sites or resources, and SamSchool does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The Customer’s dealings with other entities promoted on or through SamSchool Websites, including payment and delivery of related goods or Sites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Customer and such other entity. The Customer agrees that SamSchool shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on SamSchool websites.
Disclaimer of Warranties: THE CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT THE USE OF SAMSCHOOL WEBSITES AND THE CONTENTS PROVIDED ON THE WEBSITES AT CUSTOMER’S OWN SOLE RISK. THE WEBSITE AND ALL CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAMSCHOOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability: THE CUSTOMER AGREES THAT SamSchool SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SamSchool HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE WEBSITE.
Using SamSchool Products:
The Customer shall use or access only those SamSchool Product(s) which the Customer has purchased or registered.
The Customer hereby agrees, accepts and acknowledges that the Customer shall not access SamSchool Websites from any other device(s) except his / her own.
The Customer hereby agrees and accepts that the Customer shall not access or try to access SamSchool Website(s) from any device(s) that the Customer does not own, including but not limited to computers and devices in libraries, schools and Internet centers.
The Customer shall log out of his/her account in SamSchool Website(s) promptly after he/she is done with a session.
The Customer hereby agrees and accepts that the Customer shall not share, gift, loan, lend, lease, sub-license, reproduce, duplicate, publish, post, deliver, distribute, sell, re-sell, give away or otherwise make available, either in full or in part, any SamSchool Product(s), techniques, methodologies, his / her account / access credentials to anyone or any business or any school or any entity for any reason or any purpose whatsoever.
The Customer hereby agrees and accepts that the Customer shall not allow any other person or persons or business or businesses to view or have access to SamSchool Products, SamSchool Website accounts, courses, lessons and other contents assosiated material for any reason whatsoever.
The Customer hereby acknowledges, agrees and accepts that SamSchool may hold the Customer responsible and liable to face legal actions, and pay penalties and compensations to SamSchool if any unauthorized person or persons is/are found to be in possession or found to be using SamSchool Products that was/were sold to / registered to the Customer or found to access the Customer’s account and or view any SamSchool Products products.
The Customer hereby agrees and accepts that Customer shall not project or display any SamSchool Products, courses or lessons on a screen or wall or television or show in any manner to a group of persons.
The Customer hereby agrees and accepts all lessons may not be available for access immediately upon registration or purchase. In such cases, SamSchool shall add lessons to the course periodically. All lessons for the course shall be added to the course about 4 to 6 weeks before the end of the course.
The Customer hereby agrees and accepts that Customer may not transfer the Customer’s rights to use or access to SamSchool Websites or SamSchool Products to another person or any entity.
The Customer hereby acknowledges, agrees and accepts that the Customer shall use the purchased / registered SamSchool Product with one child or one student only.
Business entities, educational institutions, for-profit or not-for-profit organizations, tutors, tutoring centers or other entities shall require to purchase commercial / group licenses from SamSchool and cannot use or access SamSchool Product(s) that are sold for the use by one child or one student.
Internet, Computer and Technical Requirements:
The Customer may be required to have a reliable Internet connection and a suitable device such as a PC, laptop or tablet. Cell phones may not be suitable to take these lessons.
The Customer will be responsible for meeting, maintaining and paying for the minimum technical requirements, including PCs, Laptops, Tablets and Internet Connections in order to access SamSchool Products or SamSchool Websites.
When the Customer registers or purchases any SamSchool Product(s), the Customer is deemed to have acknowledged and confirmed the Customer has a reliable Internet connection and a suitable device to use or access SamSchool Products and SamSchool Websites.
Before registering or purchasing SamSchool Product(s), the Customer is advised to watch a FREE version of SamSchool Products or lessons in SamSchool Website(s) to determine if the Customer’s devices and Internet connection are suitable and adequate to take SamSchool Products / courses. Lack of technical requirement shall not be accepted as a reason to cancel the purchase or registration and seek any refund.
Free Products and Services:
SamSchool may offer free products, courses and/or services from time to time for promotional purposes. Users of such free stuff are also bound by the terms stated in this document.
Schools and other educational institutions may distribute free stuff as they are – without making any changes or removing any part of the free stuff. No part of free stuff may be used or re-used or reproduced for any other purpose.
Copyright and non-duplication:
SamSchool Products are protected by copyright law. The Customer is strictly prohibited from downloading, recording, duplicating or reproducing any content in any manner or medium under any circumstances or violate any of the terms of this document. If the Customer violates any of the terms of this document, the Customer’s account / registration and access will be immediately terminated and any purchase amount or fee paid will be forfeited. The Customer may be denied any further registrations or access for any SamSchool Products and SamSchool may initiate legal proceedings to claim damages, losses and costs from the Customer and to impose civil penalties and criminal prosecution. The Customer is hereby notified that willful infringement of copyrighted works may result in federal imprisonment of up to five years and $250,000 in fines.
Errors and Updates:
SamSchool may update any SamSchool Products, courses or any lessons or any course material, in full or in part(s), from time to time.
The Customer acknowledges and agrees that a note posted in the main page of the course shall be considered a valid and adequate notice to the Customer about any changes to the product / service.
The Customer hereby acknowledges and agrees that SamSchool Product(s) should be used only to supplement a student’s education and/or test preparation and should not be used as a substitute for classroom instructions or a person’s own work. It is recommended and advised that the Customer / student / user must also use other methods of learning and preparing for tests besides using SamSchool Products.
Though SamSchool Products products have been developed and reviewed by professionals, SamSchool makes no warranties or representations regarding the accuracy or completeness of the contents or compatibility with any educational standards or syllabi.
The Customer hereby agrees, accepts and acknowledges that SamSchool Products may have errors, inaccuracies and defects including, but not limited to, spelling mistakes, errors related to punctuations, sentences, illustrations, grammar, context, references, subjects, mathematics, formulae, problems, descriptions, numbers, names, words, questions and answers. The Customer agrees, accepts and acknowledges that SamSchool, at its sole discretion, may choose to replace only the erroneous lessons or parts of the lessons.
The Customer agrees, accepts, acknowledges and clearly understands that SamSchool does not guarantee or warranty, either implicitly or explicitly, that the SamSchool Product(s) shall be error-free or the use of SamSchool Product(s) will earn a pass/promotion in tests or increase test scores or improve student’s educational grades or secure admission in any schools. SamSchool also makes or offers no warranty or guarantee for the quality of SamSchool Products products including, but not limited to, the appearance, video / audio quality, colors, Internet bandwidth and other factors.
The Customer agrees, accepts and acknowledges that the online streaming may be occasionally interrupted for natural, electrical, technical, mechanical, political or other reasons or outages. SamSchool shall try to restore and resume the services within 72 hours after the Customer reports the issue / problem at: SamSchool.org/contact or by sending an email to: support@SamSchool.org.
The Customer agrees, accepts and acknowledges that the purchase of or registration to any SamSchool Product(s) shall be deemed to have been entirely fulfilled as long as the online availability / video streaming service is available for 90% of the registration period.
Cancellation, Refund Policy and Limitation of Liability:
The date of registration for a SamSchool Product shall be deemed to be Day #1 for the purposes of cancellation and refund.
Playing a course video, partly or fully, as well as accessing or downloading or viewing any test / practice material will be considered as taking one lesson each.
The Customer is eligible for FULL refund if (1) the Customer cancels the registration within THREE calendar days from the date of registration and (2) the Customer takes no more than FOUR lessons, partly or fully, during the first THREE calendar days of registration and (3) the Customer does not download / access / view any tests / practice materials during the first THREE calendar of registration. No refund will be offered if ALL THREE conditions above are not satisfied.
For example, no refund will be offered if the Customer cancels the registration after THREE calendar days from the date of registration or if the Customer takes FIVE or more lessons during the first THREE calendar days of registration or if the Customer downloads / accesses / views any tests / practice materials during the first THREE calendar days of registration.
If SamSchool is unable to offer the SamSchool Products product / course for any reason whatsoever, SamSchool shall refund the fee on a pro-rata basis for the remaining number of days in the course. For example, the registration starts on July 1, 2020 and the course is scheduled to end on November 12, 2020 (135 days). If SamSchool is unable to continue the course after August 31, 2020 (62 days), then, the refund will be course fee paid x 62 / 135.
The Customer agrees, accepts and acknowledges that SamSchool shall not be liable to pay any other damages, liabilities, penalties or any other monies whatsoever for cancellation of any SamSchool Product(s) or courses.
The Customer agrees, accepts and acknowledges to use SamSchool courses or materials, including free stuff, entirely at his/her own risk and discretion.
The Customer agrees, accepts and acknowledges that SamSchool shall not be held liable for any delays in production or delivery of SamSchool Products products for any reason, including but not limited to, an Act of God, action by government, system failures, telecommunication failures, electrical failures, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal or illegal or transportation interruption, unavailability of material or supplies.
UNDER NO CIRCUMSTANCES SamSchool OR ITS OWNERS, OFFICERS, AUTHORS, REVIEWERS, EDITORS OR ASSOCIATES WILL BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR FAILURE IN TESTS/EXAMS, POOR TEST/EXAM PERFORMANCE OR POOR SCORES/GRADES OR POOR EDUCATIONAL PERFORMANCE OR FAILURE TO SECURE ADMISSIONS IN ANY WAY ARISING OUT OF OR RELATED TO SAMSCHOOL PRODUCT(S), EITHER ENTIRELY OR PARTLY, OR RELATED TO PRODUCT ERRORS OR RELATED TO DELIVERY DELAYS OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF SamSchool HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM LIABILITY, IF ANY, OF SamSchool TO THE CUSTOMER SHALL NOT EXCEED THE PRICE PAID BY THE CUSTOMER FOR THE PRODUCT.
The Customer hereby agrees, accepts and acknowledges that the Customer shall not make any public statements concerning the existence or terms of this document / sale to press / news / media / television / radio / newspapers / magazines / journals / blogs / social media without first reporting to / contacting SamSchool to resolve the issue / problem and without prior approval of SamSchool.
Copyright Infringement: SamSchool respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SamSchool’s Copyright Agent the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the website; (4) your address, telephone number, and email address; and (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. SamSchool’s copyright agent for notice of claims of copyright infringement is The Director, SamSchool, P.O.Box 541595, Flushing, NY 11354, USA.
Choice of Law and Forum:
Any disputes related to this sale / product shall be governed in accordance with the laws of New York, USA. Any legal action to interpret or enforce the terms of this sale / document / product shall be brought only in the state or federal courts, as applicable, located in New York.
The failure of SamSchool to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms remain in full force and effect. The Customer may not assign the Terms or any of the Customer’s rights or obligations under the Terms without SamSchool’s express written consent. The Terms inure to the benefit of SamSchool’s successors, assigns and licensees.
If Customer have any questions, he/she may contact: SamSchool, P.O.BOX 541595, LINDEN HILL STATION, FLUSHING, NY 11354.
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