Praxit Tutoring Terms of Use
Praxit Tutoring, LLC (hereafter “Praxit” or “the company”) provides a personalized digital-based educational service that allows our members to access educational content ("Praxit content") over the Internet on certain Internet-connected mobile devices, and computers ("Praxit ready devices").
You (hereafter “the student” or “the user”) have accepted these Terms of Use, which govern your use of our service.
As used in these Terms of Use, "Praxit service", "our service" or "the service" means the personalized service provided by Praxit for discovering and accessing Praxit content, including all features and functionalities, recommendations and reviews, our websites, and user interfaces, as well as all content and software associated with our service.
Membership and Access
1.1. Praxit users gain access to individual courses and exams with a one-time fee for each course or exam package as determined at the time of purchase. The following clause outlines the terms and conditions of user access to the digital service provided by the company:
1.1.a - User Access: The user shall purchase access to the digital service provided by the company for a one-time fee. This access shall be granted for the duration of the academic term as determined by the company. The user acknowledges that their access to the digital service shall end upon the conclusion of the academic term as defined by the company and that they shall not be entitled to any refund or compensation for any unused portion of the term.
1.1.b - End of Term: The end of the academic term is defined by the company. The company withholds the right to terminate any student’s access to a course at any point in time, without notice. After the end of an academic term, the student is unable to access any of the Praxit content for any term they were previously enrolled in.
1.1c. - Use of Service: The user agrees to use the digital service solely for personal and non-commercial purposes and in accordance with all applicable laws and regulations. The user further acknowledges that any unauthorized use of the service may result in the termination of their access and may also result in legal action being taken against them.
1.1.d - Individual Access: The Praxit service and any content accessed through our service are for your personal and non-commercial use only and may not be shared with any individuals. During your Praxit membership, we grant you a limited, non-exclusive, non-transferable right to access the Praxit service and Praxit content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
1.1e - Ownership and Copyright: The user acknowledges that the digital service and all related materials are the sole property of the company and are protected by copyright and other intellectual property laws. The user agrees not to reproduce, distribute, modify, or create derivative works based on the service or any of its materials without the prior written consent of the company.
1.1.f - Disclaimer of Warranties: The company makes no warranties or representations, express or implied, regarding the digital service or its fitness for any particular purpose. The user agrees to use the service at their own risk and acknowledges that the company shall not be liable for any damages arising from the use of the service.
1.1.g - Governing Law and Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the company is located. Any dispute arising from or related to this agreement shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
Legal Use of Services
2.1. - You agree to use the Praxit service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to:
(i) archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Praxit service;
(ii) circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the Praxit service, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;
(iii) use any robot, spider, scraper or other automated means to access the Praxit service;
(iv) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Praxit service;decompile, reverse engineer or disassemble any software or other products or processes accessible through the Praxit service;
(v) insert any code or product or manipulate the content of the Praxit service in any way;
(vi) use any data mining, data gathering or extraction method;
(vii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Praxit service, including any software viruses or any other computer code, files or programs.
We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
Passwords and Account Access.
3.1 - The member who created the Praxit account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the Praxit account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Praxit ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Praxit or our partners from identity theft or other fraudulent activity. Praxit is not obligated to credit or discount a membership for holds placed on the account by either a representative of Praxit or by the automated processes of Praxit. If your Praxit ready device is sold, lost or stolen, please deactivate the Praxit ready device. If you fail to log out or deactivate your device, subsequent users may access the Praxit service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the "Account" page of our Praxit.com website.
Disclaimers of Warranties and Limitations on Liability
4.1 - THE PRAXIT SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE PRAXIT SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PRAXIT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Praxit SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. PRAXIT SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, PRAXIT READY DEVICES, AND PRAXIT SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
4.2 - TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL PRAXIT, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
4.3 - SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
4.4 - NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
Miscellaneous
5.1 - Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
5.2 - Unsolicited Materials: Praxit does not accept unsolicited materials or ideas for Praxit content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Praxit. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Praxit and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
5.3 - Feedback: Praxit is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Praxit service, including our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Praxit service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
5.5 - Survival: If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
5.6 - Changes to Terms of Use and Assignment: Praxit may, from time to time, change these Terms of Use. Such revisions shall be effective immediately. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Praxit service.
5.7 - Communication Preferences: We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
By accessing the digital service, the user agrees to be bound by the terms and conditions of this agreement.
Last Updated: May 10, 2023