Terms of Service
This Agreement (the “User Agreement”) states the terms and conditions under which you may use this website and Essential Education’s courses. Any use by you of Essential Education's courses constitutes your acceptance of all such terms and conditions, including any terms and conditions incorporated herein. BY USING ESSENTIAL EDUCATION’S COURSES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND CREATE A BINDING CONTRACT BETWEEN YOU AND ESSENTIAL EDUCATION. If you do not accept the terms and conditions contained in this User Agreement, do not use Essential Education’s courses. Upon notice published through Essential Education, we may modify this User Agreement at any time.
1. Use of Essential Education. Essential Education grants you a terminable non-exclusive, non-transferable license to use Essential Education’s courses solely for your personal, institutional, noncommercial, noncompetitive use in accordance with the following terms and conditions. Certain materials provided to you through Essential Education are subject to terms and conditions listed as “Legal Notices” on our web site. Any such terms and conditions shall be deemed to be a part of this User Agreement and are hereby incorporated into this User Agreement by reference.
3. Content. The computer software, artwork and other components included in Essential Education are the copyrighted property of Essential Education. Essential Education is licensed (not sold) to you, and Essential Education owns all copyright, trade secret, patent and other proprietary rights in Essential Education. You may not: (a) copy, distribute, rent, loan, lease or sublicense all or any portion of Essential Education; (b) modify, translate, distribute or prepare derivative works of Essential Education or the accompanying documentation; (c) reverse engineer, decompile or disassemble Essential Education or the accompanying documentation; or (d) remove any proprietary notices, labels, or marks on Essential Education and accompanying documentation. You may not transfer your account with Essential Education. Your license is automatically terminated if you transfer your account with Essential Education. THIS LICENSE IS NOT A SALE. TITLE AND COPYRIGHTS TO ESSENTIAL EDUCATION AND ANY ACCOMPANYING DOCUMENTATION REMAIN WITH ESSENTIAL EDUCATION OR ITS LICENSORS, AS THE CASE MAY BE. You further acknowledge and agree that Essential Education has no obligation to preview, screen or monitor any Content that may be added Essential Education by other users, whether publicly posted or privately transmitted through Essential Education. Essential Education does not guarantee the accuracy, integrity, quality or appropriateness of any such user posted Content. Under no circumstances will Essential Education be liable in any way for any user posted Content, including, but not limited to, for any errors or omissions in any user posted Content, or for any loss or damage of any kind incurred as a result of the use of any user posted Content accessed, posted or otherwise transmitted via Essential Education. By using Essential Education, you agree that it is solely your responsibility to evaluate the accuracy, completeness, usefulness or appropriateness of any user posted Content that you access, post, or otherwise transmit through Essential Education, including user posted Content that may be offensive, indecent or objectionable. Essential Education has the right to suspend, restrict or terminate your use of Essential Education and to refuse any future use of Essential Education (or any portion of Essential Education) if Essential Education has reason to believe that you are responsible for user posted Content that Essential Education deems inappropriate.
4. Registration Information. You agree, as a condition of your use of Essential Education, to provide Essential Education with accurate and complete information when registering for Essential Education. Essential Education has the right to suspend, restrict or terminate your use of Essential Education and to refuse any future use of Essential Education (or any portion of Essential Education) if Essential Education has reason to believe that you have failed to comply with these requirements.
5. Trial and/or limited feature editions: From time to time, Essential Education may offer a free trial and/or a reduced version (a “Lite Version”) at a discounted price for any or all of its full product offerings. Essential Education makes no guarantees or warranties whatsoever as to your achievement of any score based on your use of such free trials and/or Lite Version.
6. Refund Policy and Price Adjustments. A Customer may return the shipped or online products with Essential Education approval within 7 days of the receipt of the purchase, subject to the following requirements: Return and refund approval must be obtained in writing from Essential Education at email@example.com or by phone at: (800) 460-8150. Returns will be subject to a 25% restocking charge. Refunds will be issued only if returned material is in saleable condition. No refunds will be issued for materials shipped from a third party vendor such as Amazon.com. No returns or refunds will be allowed for Products that are damaged while in Customer’s possession or control. No refunds will be issued for downloadable Products. A student may request an enrollment refund within 7 days of enrolling.
7. Your Conduct. As a condition of your use of Essential Education, you warrant to Essential Education that you will not use Essential Education for any purpose that is unlawful or prohibited by this User Agreement. You may not use Essential Education in any manner that could damage, impair, disable or overburden Essential Education or in any way interfere with Essential Education's rights or any other user’s use and enjoyment of Essential Education, or otherwise infringe on any person’s rights. You agree to comply with the terms and conditions applicable to any services, products, advertisements or Content accessed by you through Essential Education. Essential Education contains confidential trade secret information belonging to Essential Education, and you may use Essential Education only pursuant to the license set forth herein. In addition, you may not disclose Essential Education to any third party. BY ACCEPTING THE TERMS OF THIS USER AGREEMENT, YOU HEREBY AGREE THAT YOU ARE USING ESSENTIAL EDUCATION SOLELY FOR YOUR INDIVIDUAL, TEST PREPARATION, PURPOSES AND HEREBY STATE THAT YOU ARE NOT CURRENTLY EMPLOYED BY OR OTHERWISE HAVE ANY RELATIONSHIP WITH ANY ENTITY THAT MAY BE COMPETITIVE TO ESSENTIAL EDUCATION OR IS OTHERWISE ENGAGED IN THE BUSINESS OF PROVIDING TEST PREPARATION SERVICES.
8. Account Security. When you are registered, you will receive an account identifier (username) and a password. You are responsible for protecting the confidentiality of your password and account identifier, and are fully responsible for all activities that occur under your password or account identifier. You agree (a) to immediately notify Essential Education of any loss, compromise or unauthorized use of your password or account identifier or any other breach of security, and (b) to exit from your account when you conclude each session. You may notify Essential Education by sending an email to firstname.lastname@example.org or by calling our technical support phone number: (800) 460-8150. Essential Education will not be liable for any loss or damage of any kind should you fail to comply with these requirements.
9. Proprietary Rights. You acknowledge and agree that Essential Education and any necessary software used in connection with Essential Education contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through Essential Education or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
10. Liability Disclaimer. YOU AGREE THAT:
(a) IF YOU USE ESSENTIAL EDUCATION PRODUCTS AND SERVICES, YOU DO SO AT YOUR OWN AND SOLE RISK. ESSENTIAL EDUCATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ESSENTIAL EDUCATION 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.
(b) ESSENTIAL EDUCATION DOES NOT WARRANT THAT: (i) ESSENTIAL EDUCATION WILL MEET YOUR REQUIREMENTS, (ii) ESSENTIAL EDUCATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ESSENTIAL EDUCATION WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ESSENTIAL EDUCATION WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR ESSENTIAL EDUCATION COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
(c) IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF ESSENTIAL EDUCATION, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
(d) NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM ESSENTIAL EDUCATION OR THROUGH OR FROM ESSENTIAL EDUCATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
11. Limitation of Liability. YOU EXPRESSLY AGREE THAT ESSENTIAL EDUCATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ESSENTIAL EDUCATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR INABILITY TO USE ESSENTIAL EDUCATION; (b) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ESSENTIAL EDUCATION; (c) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON ESSENTIAL EDUCATION; OR (d) ANY OTHER MATTER RELATING TO ESSENTIAL EDUCATION.
12. Notice. You agree that Essential Education may communicate any notices to you, including notices of changes to the User Agreement, through e-mail or regular mail.
13. Trademark Information. Essential Education, the GED Academy, HiSET Academy, TASC Academy, TABE Academy, CASAS Academy, Computer Essentials, Work Essentials, Money Essentials, and College Essentials logos and other Essential Education logos, product and service names may be trademarks, service marks or other intellectual property of Essential Education. You agree not to display or use the Essential Education Marks in any manner without the prior permission of Essential Education.
14. Mobile Terms and Conditions The following terms and conditions govern your use of mobile programs offered by this website, so please read them carefully. Your use of any aspect of the program will constitute your agreement to comply with these terms and conditions. If you cannot agree with these terms and conditions, please do not use the program. These terms and conditions may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access to the program by you will constitute your acceptance of any changes or revisions to these terms and conditions. Your failure to follow these terms and conditions may result in suspension or termination of your access to the program, without notice, in addition to our other remedies. We also reserve the right to discontinue the program, or change the content or formatting of the program, at any time without notice to you, and to require the immediate cessation of any specific use of the program. Your carrier’s standard messaging rates apply to all mobile text by and payable to your mobile service provider. You agree that the cell phone number you enter in the program is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity. You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the program available. You shall provide all equipment and software necessary to connect to the program, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the program. You agree not to modify the format or branding of the content provided in the program (“Content”), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by us, our affiliates or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or the program except as expressly provided for in this Agreement.
We provide the program “as is” and shall not be held liable for your use of the information, content, or material contained therein. We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator.
15. Entire Agreement. The User Agreement governs your use of Essential Education and constitutes the entire agreement between you and Essential Education. It supersedes any prior agreements between you and Essential Education. Additional terms and conditions may apply when you use the services of service providers and others. These additional terms will not reduce, diminish, or eliminate any rights Essential Education possesses with respect to this User Agreement.
16. Miscellaneous. Any failure by Essential Education to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any provision of this User Agreement or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of this User Agreement, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.
(Revised June 12, 2018)