If you are a resident of the United States (including its possessions and territories), you
agree to the Arbitration Agreement and class action waiver described below to resolve
any disputes with 528Prep (except for matters that may be taken to small claims court).
By accessing, using, visiting, or browsing the 528Prep Service, you accept and agree
to this Agreement. If you do not agree to this Agreement, do not use the 528Prep
Service. This Agreement is subject to change by 528Prep in its sole discretion at any
time, with or without notice. Your continued use of the Service after the posting of
revisions to this Agreement constitutes your acceptance of such revisions. Please
consult the end of this Agreement to determine when the Agreement was last revised.
ARTICLE I: USE OF 528Prep,
LLC
Minimum Age: You must be at least 18 years old to access and register for the Service.
The Service is open to United States and international residents.
Terms and Termination: Subject to this section, this Agreement will remain in full force
and effect while you use the Service and in perpetuity unless terminated in accordance
with this Agreement. Upon termination of this Agreement, your right to access and use
the Service and any User Content (as defined below) you created will terminate
immediately. Either you or 528Prep may terminate this Agreement at any time, for any
reason or no reason, without explanation, effective upon sending written notice to the
other party. 528Prep may also immediately suspend your access to the Service,
without notice or explanation, for any reason or no reason. We also reserve the right to
remove your account information or data from the Service and any other records at any
time at our sole discretion.
Exclusive Use: Your account is for your personal use only. You agree not to allow
others to access your 528Prep online account for any reason. You may not authorize
others to use your account, and you may not assign or otherwise transfer your account
to any other person or entity. You acknowledge that 528Prep is not responsible for
third-party access to your account that results from theft or misappropriation of your
mobile devices, usernames, or passwords.
Geographic Limitations: 528Prep’s Service is intended for use in the United States and
internationally. You will only use the Service in a manner consistent with this Agreement
and any and all applicable local, state, national and international laws and regulations,
including, but not limited to, United States export control laws. You shall not be, and
agree that you are not located in, under the control of, or a national or resident of any
country which the United States has (i) embargoed goods, (ii) identified as a Specially
Designated National, or (iii) placed on the Commerce Department’s Table of Deny
Orders. To the extent that the Service is not legal in your jurisdiction, you may not use
the Service.
Information Submitted: You are solely responsible for, and assume all liability regarding,
(i) the information and content you contribute to the Service and (ii) the information and
content you post, transmit, publish, or otherwise make available (hereinafter post)
through the Service, if applicable.
You are solely responsible for evaluating the fitness for a particular purpose of any
downloads, programs, and content available through the Service. Redistribution or
republication of any part of the Service is prohibited, including such by framing or other
similar or any other means, without the express written consent of 528Prep.
No False Information: You will not provide inaccurate, misleading, or false information
to 528Prep or to any other person who uses the Service (a “User”). If information
provided to 528Prep or another User subsequently becomes inaccurate, misleading, or
false, you will promptly notify 528Prep of such change.
Risk Assumption and Precautions: You assume all risk when using the Service and
purchasing through any third-party vendors, including but not limited to all of the risks
associated with any online or offline interactions with others and all risks associated
with your purchases from third-party vendors.
No Guarantees: You understand that 528Prep makes no guarantees, either express or
implied, regarding your chances or ability to get a certain score on any particular
exam. While 528Prep strives to create materials which accurately simulate official
exams, 528Prep makes no guarantees regarding any of its materials and how well they
simulate any other exam. 528Prep does not guarantee acceptance to any school or
residency program, passage of any exam, or any other such outcome.
528Prep practice exams are created and owned solely by 528Prep. 528Prep is not in
any way associated or affiliated with the Association of American Medical Colleges or
the Law School Admissions Council. The Association of American Medical Colleges
and the Law School Admissions Council does not review or provide any input
whatsoever to the 528Prep team regarding any of its products, including but not limited
to, practice exams.
Technical Requirements: 528Prep Online Access includes Test Practice, Qbank, and
Course. Online Access will be supported on the up-to-date versions of Google Chrome
and Mozilla Firefox browsers. You should maintain updated versions of these browsers
for the Online Access to work correctly. The Online Access was designed for use on
laptops or desktops. While some functions may work on mobile devices (including
tablets), not all will, and using these devices to access your online resources is not
recommended. Online Access may experience scheduled and unscheduled downtime
due to technical issues.
The quality of the display of the streaming content available through the Service may
vary from device to device, and may be affected by a variety of factors, such as your
location, the bandwidth available through, and/or the speed of your Internet
connection. You are responsible for all Internet access charges. Please check with your
Internet provider for information on possible Internet data usage charges. 528Prep
makes no representations or warranties about the quality of your watching experience
on your display. Access to the Service may be temporarily unavailable or interrupted at
times, with or without notice.
Beta Features: From time to time, 528Prep may offer new “beta” features or tools with
which Users may experiment on the Service. Such features or tools are offered solely
for experimental purposes and without any warranty of any kind, and may be modified
or discontinued at 528Prep’s sole discretion.
Reporting of Violations: You will promptly report to 528Prep any violation of this
Agreement by other Users.
Content Removal: 528Prep reserves the right, but has no obligation, to monitor the
information or material you submit to the Service or post in any public areas of the
Service, if applicable. 528Prep may remove any such information or material in its sole
discretion.
Posting and Communication Restrictions: You will not post on the Site, transmit to
other Users, communicate any content (or links thereto), or otherwise engage in any
activity through the Service, that:
1. is intended to defraud, swindle, or deceive others;
2. is intended to or tends to harass, annoy, threaten, or intimidate other Users, or
528Prep personnel;
3. disseminates another person’s personal information without his or her
permission, or collects or solicits another person’s personal information for
commercial or unlawful purposes;
4. impersonates, or otherwise misrepresents affiliation, connection, or association
with, any person or entity;
5. collects or solicits personal information about anyone under 18;
6. promotes racism, bigotry, hatred, or physical harm of any kind against any group
or individual;
7. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually
oriented, obscene, or otherwise objectionable;
8. contains others’ copyrighted content (e.g., music, movies, videos, photographs,
images, software, etc.) without obtaining permission first;
9. contains video, photographs, images, or audio recordings of another person
without his or her permission (or in the case of a minor, the minor’s legal
guardian);
10. promotes or enables illegal or unlawful activities, such as instructions on how to
make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass
another person, obtain others’ identity information, create or disseminate
computer viruses, or circumvent copy-protect devices;
11. contains viruses, time bombs, trojan horses, cancelbots, worms or other
harmful, or disruptive codes, components or devices;
12. promotes or solicits involvement in or support of a political platform, religion,
cult, or sect;
13. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’
enjoyment of Service;
14. solicits gambling or engages in any gambling or similar activity;
15. uses scripts, bots, or other automated technology to access the Service;
16. uses the Service for chain letter, junk mail, or spam e-mails; or
17. is in any way used for or in connection with spamming, spimming, phishing,
trolling, or similar activities.
No Advertising or Commercial Solicitation: You will not advertise or solicit any User to
buy or sell any products or services or to donate to any Charities through the Service.
Further, you will not use any information obtained from the Service in order to contact,
advertise to, solicit, or sell to any User without their prior explicit consent. If you breach
the terms of this subsection and send or post unsolicited bulk email, spam, or other
unsolicited communications of any kind through the Service, you acknowledge that
you will have caused substantial harm to 528Prep, but that the amount of such harm
would be extremely difficult to ascertain. As a reasonable estimation of such harm, you
agree to pay 528Prep $50 for each such unsolicited communication you send through
the Service.
ARTICLE II: PAYMENT TERMS
Ordering Services: You may order certain services on the Site by following the
directions on the Site. 528Prep may change the pricing for a service (from time to time
in its sole discretion) by updating the Site and without any notice to you. Please do not
use the store if you are under 18 years of age.
Payment Terms: If you order on the Site, you agree to pay the then-current applicable
fee listed on the Site. 528Prep will use a third-party payment processor to bill your
credit or debit card submitted in ordering the service. You hereby authorize 528Prep’s
third-party payment processor to bill your card as described above. Fees are exclusive
of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for
payment of all such taxes, levies or duties.
ARTICLE III: PROPRIETARY RIGHTS
Ownership of Proprietary Information: You hereby acknowledge and agree that
528Prep is the owner of valuable proprietary information, including without limitation,
the website content, practice tests, study aids, software code, and other intellectual
property used to operate the Service (collectively, “Confidential Information”). 528Prep
owns and hereby retains all proprietary rights in the Service, including but not limited
to, all Confidential Information.
You agree to use 528Prep’s online resources, including all features and functionalities
associated therewith, in accordance with all applicable laws, rules and regulations,
including public performance limitations or other restrictions on use of the service or
content therein. You agree not to archive, download (other than through caching
necessary for personal use), reproduce, distribute, modify, display, perform, publish,
license, create derivative works from, offer for sale, or use (except as explicitly
authorized in this Agreement) content and information contained on or obtained from or
through the 528Prep’s online program resources without express written permission
from 528Prep. You also agree not to: circumvent, remove, alter, deactivate, degrade, or
thwart any of the content protections in the 528Prep’s online program resources; use
any robot, spider, scraper or other automated means to access the 528Prep’s online
program resources; decompile, reverse engineer or disassemble any software or other
products or processes accessible through the 528Prep’s online program resources;
insert any code or product or manipulate the content of the 528Prep’s online program
resources in any way; or, use any data mining, data gathering or extraction method. In
addition, you agree not to 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 528Prep’s
online program resources, including any software viruses or any other computer code,
files, or programs.
No Use of Confidential Information: You will not post, copy, modify, transmit, disclose,
show in public, create any derivative works from, distribute, make commercial use of,
or reproduce in any way any (i) Confidential Information or (ii) any material, including
copyrighted material, trademarks, or other proprietary information, accessible via the
Service, without first obtaining the prior written consent of the owner of such
proprietary rights.
Partners and Third-party Advertisers: 528Prep may post third-party copyrighted
information, whether or not it is identified as copyrighted. You agree that you will not
copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell
any third-party proprietary information available via the Service.
License to Posted Content: By uploading any of your information and content to any
profile pages or public area of the Service, you automatically grant, and you represent
and warrant that you have the right to grant, to 528Prep an irrevocable, perpetual, nonexclusive, fully-paid, worldwide, royalty-free license to use, reproduce, publicly
perform, publicly display and distribute such information and content, and to prepare
derivative works of, or incorporate into other works, such information and content, and
to grant and authorize sub-licenses of the foregoing.
If you are found to be in violation, you will be subject to disciplinary and legal action,
including but not limited to any or all of the following:
• Immediate termination of enrollment in the Course;
• Forfeiture of tuition paid and any refund due for any unused portion of the
Course;
• Exclusion from enrolling in any future 528Prep programs; and
• Possibility of civil penalties and criminal prosecution. Willful Infringement of
copyrighted works may result in federal imprisonment of up to five years and
$250,000 in fines.
ARTICLE IV: USER INFORMATION
Privacy Policy: By using the Services and agreeing to be bound by this Agreement, you
are agreeing that you have read, understood, and agree to the collection and
processing of your information as described in 528Prep’s Privacy Policy (as amended
from time to time).
Links to the Site: You may not create a link to any page of the Site without 528Prep’s
prior written consent. If you do create a link to a page of the Site, you do so at your
own risk.
Disclosure By Law: You acknowledge and agree that 528Prep may disclose information
you provide if required to do so by law, at the request of a third party, or if 528Prep, in
its sole discretion, believes that disclosure is reasonable to (1) comply with the law,
requests or orders from law enforcement, or any legal process (whether or not such
disclosure is required by applicable law); (2) protect or defend 528Prep’s, or a third
party’s, rights or property; or (3) protect someone’s health or safety, such as when harm
or violence against any person is threatened.
ARTICLE V: THIRD-PARTY SITES; OTHER USERS
Third-Party Sites: The Site may contain links to third-party websites and services for
third parties (collectively, “Third-Party Sites”). Such Third-Party Sites are not under the
control of 528Prep and 528Prep is not responsible for any Third-Party Sites. 528Prep
provides these Third-Party Sites only as a convenience and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to Third-Party
Sites. Opinions expressed or material appearing on Third-Party Sites are not shared or
endorsed by 528Prep. You use all Third-Party Sites at your own risk. When you visit a
Third-party Site, the applicable third-party’s terms and policies apply, including the
third-party’s privacy and data gathering practices, and 528Prep is not responsible for
such terms, policies, and practices. You should make whatever investigation you feel
necessary or appropriate before proceeding with any transaction in connection with
such Third-Party Sites.
Third-Party Content: The Services may contain opinions, advice, statements, offers, or
other information or content from third parties (“Third-Party Content”). are those of
their respective authors, and should not be relied upon. Such authors are solely
responsible for such content.
Other Users: Each User, including you, is solely responsible for any and all information
and content he or she submits to or uses with the Services (collectively, “User
Content”). Because we do not control User Content, you acknowledge and agree that
we are not responsible for any User Content and we make no guarantees regarding the
accuracy, currency, suitability, or quality of any User Content, and we assume no
responsibility for any User Content. Your interactions with other Users are solely
between you and such User. You agree that 528Prep will not be responsible for any
loss or damage incurred as the result of any such interactions. If there is a dispute
between you and any User, we are under no obligation to become involved.
Release: You hereby release and forever discharge us (and our officers, employees,
agents, successors, and assigns) from, and hereby waive and relinquish, each and
every past, present, and future dispute, claim, controversy, demand, right, obligation,
liability, action, and cause of action of every kind and nature (including personal
injuries, death, and property damage), that has arisen or arises directly or indirectly out
of, or relates directly or indirectly to, any interactions with, or act or omission of, other
Users or Third-Party Sites.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL
CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
ARTICLE VI: FREE TRIAL
If you participate in a Free Trial, you must cancel the subscription by the end of the
Free Trial period to avoid incurring any charges. If you do not cancel the subscription
before the free trial period expires, you authorize 528Prep to charge your credit card
the full monthly cost of the subscription plan currently listed on the 528Prep website.
Your subscription will then automatically renew and continue to renew on a monthly
basis, unless and until you cancel your subscription or 528Prep terminates it. You may
only use this Free Trial offer once.
You may cancel your subscription at any time during the Free Trial by following the
steps described on the Site. Upon cancelling your subscription, you will immediately
lose all access to the Service and all features available as part of the Free Trial.
528Prep reserves the right to modify, cancel, and/or limit the Free Trial offer at any
time.
ARTICLE VII: DISCLAIMERS
No Warranties: THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW. 528Prep PROVIDES THE SERVICE “AS IS” AND “AS
AVAILABLE” AND DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE
OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN, THE CONTENT,
AND INSTRUCTORS), INCLUDING ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY,
OR NON-INFRINGEMENT. 528Prep DOES NOT WARRANT THAT THE SITE OR THE
SERVICE WILL BE SECURE, UNINTERRUPTED, TIMELY, ALWAYS AVAILABLE,
ACCURATE, ERROR-FREE, COMPLETE, RELIABLE, FREE OF VIRUSES OR OTHER
HARMFUL CODE, LEGAL, OR SAFE; OR WILL MEET YOUR REQUIREMENTS; OR
THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. 528Prep DISCLAIMS
LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE
CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
528Prep DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE, OR (II)
ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY
OTHER THAN 528Prep. UNDER NO CIRCUMSTANCES WILL 528Prep BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S
RELIANCE ON INFORMATION OR OTHER CONTENT PROVIDED THROUGH THE
SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
ARTICLE VIII: LIMITATION OF LIABILITY AND INDEMNIFICATION
Incidental Damages and Aggregate Liability: IN NO EVENT WILL 528Prep BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY DIRECT, INDIRECT,
INCIDENTAL, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL,
EXEMPLARY, AND/OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS
AGREEMENT AND/OR THE USE OF OR INABILITY TO USE THE SITE AND/OR THE
SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR
CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS, AND
PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF 528Prep KNOWS OR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE
OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE RESPONSIBLE FOR ANY DAMAGE RESULTING THEREFROM, INCLUDING
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. UNDER NO
CIRCUMSTANCES WILL 528Prep’S AGGREGATE LIABILITY, IN ANY FORM OF
ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, THE USE OF THE
SERVICE, THE SITE OR PARTICIPATION IN AN EVENT EXCEED ONE HUNDRED
DOLLARS ($100.00).
No Liability for Non-528Prep Actions: TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL 528Prep BE LIABLE FOR ANY DAMAGES
WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL,
COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR PUNITIVE, ARISING
OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN
CONNECTION WITH THIS AGREEMENT AND/OR THE USE OF OR INABILITY TO USE
THE SITE AND/OR THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY
INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING
FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS. THIS INCLUDES
ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE CONDUCT OF USERS
WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO
DEFRAUD OR HARM YOU.
Indemnification: You agree to indemnify, defend, and hold harmless 528Prep, its parent
companies, subsidiaries, officers, directors, employees, and agents for any losses,
costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or
arising out of (a) your use of or inability to use the Service, (b) your violation of this
Agreement or your violation of any rights of a third party, (c) your User Content, and/or
(d) your violation of any laws, rules, or regulations. 528Prep reserves the right, at its
own cost, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will fully cooperate with 528Prep in
asserting any available defenses. You agree not to settle any matter without the prior
written consent of 528Prep.
ARTICLE IX: GENERAL PROVISIONS
Miscellaneous: This Agreement, the Privacy Policy, any applicable payment or
purchase terms, and terms you agree to for any other 528Prep services comprise the
entire agreement between you and 528Prep regarding the use of the Service,
superseding any prior agreements between you and 528Prep related to the Service
(including, but not limited to, any prior versions of this Agreement). FAQ’s found on the
Site are for informational purposes only and are not deemed to be part of this
Agreement. Unless otherwise explicitly stated, the Agreement will survive termination
of your membership in the Service. The failure of 528Prep to exercise or enforce any
right or provision of this Agreement does not constitute a waiver of such right or
provision. If any provision of this Agreement is held invalid, the remainder of this
Agreement will continue in full force and effect. Regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to the use of the Service
or this Agreement must be filed within one (1) year after such claim or cause of action
arose or be forever barred. The Article and section titles in this Agreement are for
convenience only and have no legal or contractual effect. The word ”including” when
used in this Agreement means “including without limitation”.
Force Majeure: Neither party shall be liable to the other for any failure to perform any
obligation under any Agreement which is due to an event beyond the control of such
party including but not limited to any Act of God, terrorism, war, political insurgence,
insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake,
flood, disease, or any other natural or man-made eventuality outside of our control,
which causes the termination of an agreement or contract entered into, nor which
could have been reasonably foreseen. Any party affected by such event shall forthwith
inform the other party of the same.
Complaints: If a dispute arises between you and 528Prep, our goal is to learn about
and address your concerns and, if we are unable to do so to your satisfaction, to
provide you with a neutral and cost-effective means of resolving the dispute quickly.
You agree that you will notify us about any dispute you have with 528Prep regarding
our Site or Services by emailing info@528prep.com before any complaint is drafted or
filed.
Controlling Law and Venue: This Agreement and any disputes arising out of or related
to this Agreement or any use of the Service shall be governed by the laws of the State
of California, without regard to any choice of law rules and any conflicts of laws
principles, except that the Arbitration provision shall be governed by the Federal
Arbitration Act. Any action or proceeding relating to a claim or controversy at law or
equity that arises out of or relates to this Agreement or the Site or Services (a “claim”)
must be brought in a court located in Los Angeles County, California and each party
irrevocably submits to the exclusive jurisdiction and venue of any such court in any
such action or proceeding, unless such claim is submitted to arbitration as set forth
below. Notwithstanding anything to the contrary, 528Prep may seek injunctive relief in
any court having jurisdiction to protect its intellectual property or confidential or
proprietary information. You hereby waive your right to a jury trial in connection with
any disputes arising from or relating to this Agreement.
Arbitration: Pursuant to the California Arbitration Act, any dispute or difference arising
out of or in connection with this Agreement shall be determined by the appointment of
a single arbitrator to be agreed between the parties, or failing agreement within
fourteen (14) days, after either party has given to the other a written request to concur
in the appointment of an arbitrator, by an arbitrator to be appointed by 528Prep.
Any and all disputes arising from or related to this Agreement, other than disputes
relating to intellectual property infringement or disputes that are eligible for smallclaims court, including whether the dispute may be arbitrated 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 in
accordance 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 Los Angeles, California. 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 528Prep, 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 528Prep or a related
entity is a party. The same applies to 528Prep’s legal actions against you. Thus, you
and 528Prep agree that each may bring claims 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 528Prep agree otherwise, the arbitrator may not
consolidate more than one person’s claims and may not otherwise preside over a
representative or class proceeding.
Improperly Filed Claims: All claims between you and 528Prep must be resolved in
accordance with this Article. All claims filed or brought contrary to this Article shall be
considered improperly filed. Should you file a claim contrary to this Article, 528Prep
may recover attorneys’ fees and costs up to $1,000, provided that 528Prep has notified
you in writing of the improperly filed claim and you fail to promptly withdraw the claim.
Similarly, should 528Prep file a claim contrary to this Article, you may recover
attorneys’ fees and costs up to $1,000, provided that you have notified 528Prep in
writing of the improperly filed claim and 528Prep fails to promptly withdraw the claim.
The remedies in this subsection will not limit any other remedies that either party may
have in law or in equity.
Digital Millennium Copyright Act Notice: If you believe that your copyrighted work has
been copied in a way that constitutes copyright infringement and is accessible on the
Site, please notify 528Prep’s copyright agent through email at info@528Prep.com. For
your complaint to be valid, pursuant to the Digital Millennium Copyright Act of 1998
(DMCA), you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the
copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is
located on the Site;
4. Information reasonably sufficient to permit 528Prep to contact you, such as your
address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
law; and
6. A statement, made under penalty of perjury, that the above information is
accurate, and that you are the copyright owner or are authorized to act on
behalf of the owner.
This Agreement was last revised on January 1, 2021.