Terms & Conditions

Last Updated: March 2022

Welcome to www.exampal.com (together with its subdomains, Content, Marks and services, the “Site”). Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to World Wide Prep Ltd. (“WWP”, “we”, “our” or “us”).

By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

If you do not agree to be bound by these Terms please do not access or use the Site.

1. Background
The Site is intended to enable its users to learn, practice and improve their skills in taking certain standardized tests.

2. Modification
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.

3. Ability to Accept Terms
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.

4. Site Access
The Site is only intended for individuals aged eighteen (18) years or older. If you are under 18 years of age, please do not visit or use the Site.

5. Restrictions
You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.

6. Account
In order to use some of the services of the Site, you may have to create an account (“Account”). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify WWP immediately of any breach of security or unauthorized use of your Account. As between you and WWP, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to WWP at support@exampal.com.

7. Payments to WWP
Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free. However, some of the services and certain usage provided in the Site are subject to a payment of a fee, so if you wish to use these services you will be required to pay the applicable fee for these services and usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.

8. Intellectual Property Rights

8.1. Content and Marks
The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”), (ii) User Submissions, as defined below (together with the Materials, the “Content”), and (iii) the trademarks, service marks and logos contained therein (“Marks”), are the property of WWP and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “World Wide Prep”, the WWP logo, and other marks are Marks of WWP or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.

8.2. Use of Content
Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, decompiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

9. User Submissions

9.1. Responsibility
The Site may permit the submission, hosting, sharing and publishing of Content by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason.

9.2. Ownership
You represent and warrant that you own or have the necessary rights and permissions to use and authorize WWP to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.

9.3. License to User Submissions
By submitting the User Submissions to WWP, you hereby grant WWP a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and WWP’s business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.

9.4. Prohibited Content
You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.

9.4. Spam
You agree not to, and will not, use the communications systems provided by the Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.

10. Information Description
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

11. Links

The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by WWP. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release WWP from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

WWP permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with WWP or present any false information about WWP and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website”) which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.

12. Privacy

We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at PRIVACY POLICY. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

13. Warranty Disclaimers

This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

The site is provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. WWP hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, title, fitness for a particular purpose, noninfringement, and those arising by statute or from a course of dealing or usage of trade. WWP does not guarantee that the site will be free of bugs, security breaches, or virus attacks, or that use of the services provided in the site will ensure and/or result in certain achievements and/or results in any tests taken by users. The site may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that WWP will not be held responsible for any consequences to you or any third party that may result from technical problems of the internet, slow connections, traffic congestion or overload of our or other servers. We do not warrant, endorse or guarantee any content, product, or service that is featured or advertised on the site by a third party.

WWP does not warrant, endorse or guarantee any content that appears in a user submission, and does not make any representation or warranty with respect to, and disclaims all liability for, any such content.

You specifically acknowledge that WWP shall not be responsible for the user submissions or conduct (including defamatory, offensive, illegal, or negligent conduct) of any site user and that the risk of harm or damage from the foregoing rests entirely with you.

Your reliance on, or use of, any user submission, or interaction with any site user or owner, is at your sole risk. If you have a dispute with any site user or owner in connection with the site or any user submission, you agree that WWP is not liable for any claims or damages arising out of or connected with such a dispute. WWP reserves the right, but has no obligation, to monitor any such dispute.

Except as expressly stated in our privacy policy, WWP does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the site.

14. Limitation of Liability

To the fullest extent permissible by law, WWP shall not be liable for any direct, indirect, exemplary, special, consequential, or incidental damages of any kind, or for any loss of data, revenue, profits or reputation, arising under these terms or out of your use of, or inability to use, the site, even if WWP has been advised of the possibility of such damages or losses. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

In no event shall the aggregate liability of WWP for any damages arising under these terms or out of your use of, or inability to use, the site exceed the total amount of fees, if any, paid by you to WWP for using the site during the three (3) months prior to bringing the claim.

15. Indemnity
You agree to defend, indemnify and hold harmless WWP and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.

16. Refund Policy
Without derogating from the limited warranty provided in Section 13 above, in certain cases, user shall be entitled to receive refunds in accordance with ans subject to the GMAT Refund Policy and/or GRE Refund Policy, as applicable.

17. Term and Termination
These Terms are effective until terminated by WWP or you. WWP, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). WWP shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 18 and Sections 8 (Intellectual Property Rights), 9.3 (License to User Submissions), 12 (Privacy), 13 (Warranty Disclaimers), 14 (Limitation of Liability), 15 (Indemnity), and 19 (Independent Contractors) to 22 (General) shall survive termination of these Terms.

18. Independent Contractors
You and WWP are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and WWP. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of WWP.

19. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred orassigned by you but may be assigned by WWP without restriction or notification to you.

20. Copyright Policy
It is our policy to respect the legitimate rights of copyright owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA”), WWP has designated an agent (specified below) to receive notifications of claimed copyright infringement on its sites. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WWP Copyright Agent with the following information in accordance with the DMCA:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

— A description of the copyrighted work that you claim has been infringed;

— A description of where the material that you claim is infringing is located on WWP’s Site, with enough detail that We may find it on our Site; providing URLs in the body of an email is the best way to help us locate content quickly;

— Your address, telephone number, and email address;

— 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; and

— A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

— WWP agent for notice of claims of copyright infringement can be reached as follows:
Oren Jackman
World Wide Prep, Ltd.
Derech Ze’ev Jabotinsky 33
Zip Code: 5251107
Email: info@exampal.com

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

20.2. Counter-Notification
If you believe that the material you posted was removed by mistake, and that you have the right to post the material, you may elect to send us a counter notice. To be effective the counter-notification must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

— A physical or electronic signature of the subscriber.

— Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly.

— A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

— The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of infringement or an agent of such person.

— Such written notice should be sent to our designated agent as follows:
Oren Jackman
World Wide Prep, Ltd.
Derech Ze’ev Jabotinsky 33
Zip Code: 5251107
Email: info@exampal.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

21. General
WWP reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and WWP shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel-Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that WWP may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and WWP concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that any cause of action that you may have arising out of or related to the site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.