Terms and Conditions
Prepd LLC Terms of Service
Last updated: August 15, 2015
Prepd LLC provides Prepd – the service that enables a suite of applications to help users save articles from the web and organize them for the purpose of researching, practicing, and competing in debate events. Prepd’s service is accessible through our website located at www.prepd.in, our web applications at extemp.prepd.in, congress.prepd.in, and dashboard.prepd.in, through mobile applications that run on Android and iOS devices, and through browser extensions that run on Google Chrome. For simplicity, we’ll refer to any or all of these products as the “Service.”
When you access or use the Service, you are agreeing to the following terms and conditions (“Terms”) and acknowledge that they are a binding legal agreement between you and Prepd LLC. Your continual use of Prepd’s Service reinforces your ongoing agreement to these terms. If you disagree with any term, do not use Prepd’s Service.
By accessing or using the Service on behalf of an organization, like a company or school, you are also agreeing to these Terms on behalf of that organization and affirm that you are authorized to enter into such an agreement on behalf of your organization.
Our goal is to provide a valuable and enjoyable service through which users can save and view web content for the purposes of competitive debate. Please read all of these Terms to be sure you understand how it all works. Here are a few basic principles (more details on these are further down):
- What’s yours is yours and vice versa. When you add content to the service you are NOT giving us ownership of what you added. Likewise, we are not giving you ownership of anything belonging to Prepd. You are giving us certain rights to use things you add to the Service as part of our operation of the Service and we are giving you the right to use the Service. If you do not own the content you are adding to the service (e.g. you are saving web content whose ownership and authorship rights are claimed by another person or entity) then you still won’t own that content when you add it to Prepd.
- Content you put on the Service may be public so consider carefully what you add and how you add it.
- This Service is only provided for lawful purposes and not for engaging in or promoting illegal activity.
Your User Content is yours and User Content added by others is theirs. By adding something to the Service you are not giving Prepd or anyone else ownership of that User Content.
When you put User Content on the Service, you do give us free and unlimited rights to use your User Content as part of the Service including as the Service may evolve in the future. This means we can use, including copying, modifying and altering what you put on the Service as part of running the Service worldwide. Prepd can also do things like enable it on different devices and platforms. For example, this license allows us to make your public links and related information available to others as part of their use of the Service. This also means that other users of the Service can use your publicly available content as part of their use of the Service.
You are responsible for your use of the Service and all of your User Content, we are not responsible or liable for any use of your User Content. Depending on your privacy settings, your User Content may be used by us, other users, and our partners. If you don’t have the right to submit your User Content for such use, it may subject you to liability. When you add content to the Service you are representing that you have all the necessary rights to do so and to enable others to use the content as described in these Terms.
Prepd LLC has no obligation to monitor your access to or use of the Service or to review or edit any User Content you choose to add and we do not do so as part of our normal operations. However, Prepd LLC has the right to do these things for the purpose of operating the Service, to ensure your compliance with these Terms and applicable laws. Prepd LLC reserves the right, at any time and without prior notice, to remove or disable access to any content on the Service that Prepd LLC, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service.
The Service contains links to other websites that our users have shared. If you choose to click on a link and go to another site you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. If you aren’t sure a site is safe, don’t click on the link. If you click a link and something bad happens when you visit another site we are not responsible or liable in any way. We’re not responsible for the content of other sites and we’re not responsible for links users share on the Service. You assume all risk from visiting sites linked to on the Service.
COPYRIGHTS AND TRADEMARKS
Prepd LLC respects copyright and trademark laws and expects its users to do the same. Prepd LLC has adopted and implemented a policy that tells copyright owners how to notify us if they believe content on the Service infringes their rights. Copyright owners or concerned users can email firstname.lastname@example.org and describe the observed copyright infringement so that Prepd LLC can take action. We have the right to and will terminate users’ accounts if they repeatedly infringe or are believed to be repeatedly infringing other people’s rights. We also reserve the right to require a user to change their username for any reason including infringement of someone’s rights.
Copyright and trademark laws also protect the Service. Prepd LLC exclusively owns all rights to the Service. All trademarks, service marks, logos, trade names and any other proprietary designations of Prepd LLC used herein are trademarks or registered trademarks of Prepd LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
- Post, submit or transmit any User Content that constitutes a direct, specific threat of violence against another;
- Use the Service for an unlawful purpose or for promotion of illegal activities;
- Impersonate others through the Service in a manner that does or is intended to mislead, confuse or deceive others;
- Access, tamper with, or use non-public areas of the Service, Prepd LLCs’ computer systems, or the technical delivery systems of Prepd LLCs’ providers;
- Attempt to probe, scan, or test the vulnerability of any Prepd LLC’s system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Prepd LLC or any of Prepd LLC’s providers or any other third party (including another user) to protect the Service or any content on the Service;
- Attempt to access or search the Service or any content on the service or download any content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Prepd LLC’s or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, intentionally linking to malicious content, overloading, flooding, spamming, hacking or mail-bombing the Service;
- Collect or store any personally identifiable information from the Service from other users of the Service without their express permission; or
- Encourage or enable any other individual to do any of the foregoing.
If you violate any of these Terms, your permission to use the Service may be suspended or permanently revoked. We reserve the right to suspend, disable or terminate your Account, in our sole discretion and without prior notice to you, with or without cause. You may cancel your Account at any time by emailing email@example.com.
PREPD GOOGLE CHROME EXTENSION
Prepd provides three tools to its users: The Article Catcher, the Offline App for Extemp, and the Offline App for Congress. Collectively, these are known as the “Prepd Browser Extensions” since they run on the Google Chrome browser. If you choose to install the Prepd Browser Extensions the following further terms and conditions also apply in addition to those above and below this section:
Prepd Browser Extension License: Subject to your compliance with the terms and conditions of these Terms, Prepd LLC grants you a limited, non-exclusive and non-transferable license to install and use the executable form of the Prepd Browser Extension, without modification. Prepd LLC reserves all rights in the Prepd Browser Extension not expressly granted to you in these Terms.
License Restrictions: Except as expressly specified in these Terms, you may not: (i) copy, modify or distribute the Prepd Browser Extensions for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Prepd Browser Extensions to any third party; or (iii) use the Prepd Browser Extensions in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
Updates and Upgrades, No Obligation: Prepd LLC is not obligated to maintain or support the Prepd Browser Extensions, or to provide you with updates, upgrades or services related thereto. You acknowledge that Prepd LLC may from time to time in its sole discretion issue updates or upgrades to the Prepd Browser Extensions, and may automatically update or upgrade the version of the Prepd Browser Extensions that you are using. You consent to such automatic updating or upgrading, and agree that the terms and conditions of these Terms will apply to all such updates or upgrades. You also acknowledge that if you do not update the Prepd Browser Extensions, your current version may be inoperable as it becomes outdated.
Term and Termination: The license to the Prepd Browser Extension granted under these Terms remains in effect unless earlier terminated by you or Prepd LLC in accordance with these Terms. You may terminate the license at any time by uninstalling all copies of the Prepd Browser Extension in your possession or control. Without limiting any other terms of these Terms, the license will automatically terminate without notice from Prepd LLC if you breach any terms of these Terms. Upon any termination of the license, you must cease all use of the Prepd Browser Extension and promptly delete and destroy all copies, full or partial, of the Prepd Browser Extension.
Your access to and use of the Service and any content available on or through the Service is at your own risk. You understand and agree that the Service and content available on or through the Service are provided to you on an “AS-IS” and “AS-AVAILABLE” basis. WITHOUT LIMITING THE FOREGOING, PREPD LLC EXPLICITLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty that (i) the Service or any content available on or through the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis; or (ii) regarding the quality of any products, services or content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Service. No advice or information, whether oral or written, obtained from Prepd LLC or through the Service will create any warranty not expressly made herein.
PRICING AND PAYMENT POLICIES
Prepd allows teachers, coaches or school administrators to create a team account and invite their students to join and collaborate through the team. Prepd offers two types of team memberships:
- Free Team – A free trial account that allows up to 5 users to store up to 150 articles on Prepd’s Extemp and Congress applications. Please note:
- As the name implies, a Free Team does not cost anything (account owners are not asked to submit payment information).
- A Free Team account has no expiration date; membership is perpetual.
- A Free Team account has access to both Extemp and Congress applications (as well as the Dashboard and Precedence).
- Premium Team – An annual, paid team membership that allows teams to increase the user and article limits above the restrictions of a Free Team. Please note:
- Applications: Premium Teams can purchase a membership to one of Prepd’s debate applications (either Extemp or Congress) or to both of Prepd’s debate applications (Extemp and Congress). All Premium Team members have access to Prepd’s other applications, including the Dashboard and Precedence.
- User Limits: Premium Team membership sizes range between 5 (the smallest possible team) and 200 (the largest possible team). Teams may select a membership size in increments of five (e.g., 5, 10, 15, etc.).
- Article Limits: Premium Team’s are offered an initial article limit according to the following formula: (Number of Users) x 500 + 1,500. Once a team reaches its Article Limit, it may not add any more articles.
- The Article Limit applies separately to Prepd’s Extemp and Congress applications. For example, if a team has an Article limit of 6,500, that team can save up to 6,500 articles in Extemp and up to 6,500 articles in Congress.
- If a team reaches its article limit, delete old articles via Prepd’s Article Purge feature, located in the Dashboard.
- There is a “hard article limit” of 61,500 articles. No team can store more than 61,500 articles at a given time.
- Subscription Length: A Premium Team is an annual, reoccurring membership to Prepd. It is purchased one year at a time. A team’s membership expires on the same day the account was initially created, in the following calendar year.
- Auto-Renewal: If the Premium Team account owner does not disable the auto-renewal feature located in the Dashboard, Prepd will automatically renew the annual membership once a year, on its expiration date. This means that Prepd will either process another charge to the credit/debit card on file or issue a new invoice.
- Subscription Cost: Premium Teams pay for their annual membership according to Prepd’s Responsive Pricing Plan – a dynamic price schedule that adjusts to a team’s unique profile (i.e., number of users and number of apps). To determine the cost of a Premium Team, visit the “Pricing” page at prepd.in and open the Responsive Pricing Calculator.
- Payment Methods: A Premium Team account may be paid for via check (invoice or purchase order) or credit/debit card. When a coach is creating a Premium Team, the coach will have the option to select his or her preferred payment method.
- If a Premium Team is paying via credit or debit card, the card will be charged immediately when the team account is created. Prepd does not allow for partial or installment payments. Prepd will process a one-time, annual charge in full.
- If a Premium Team is paying via check, the coach of the team is still required to enter valid credit card credentials, as a credit card must be on file for all team accounts. For teams that are paying with a check, the card will not be charged when the team account is created. However, if payment is not received within 30 days, Prepd reserves the right to either charge the credit card on file or suspend services to the account. If a check is received after the credit card has been charged, Prepd will promptly refund the charge.
- If a Premium Team is paying via check and would like to submit a Purchase Order, the coach may email the Purchase Order to firstname.lastname@example.org. An invoice will be returned that includes the PO #.
- No refunds are offered to Premium Teams, except in cases of extreme and prolonged technical malfunctions.
Prepd allows individual users to create an account and use the software without joining a team. Prepd offers two types of individual memberships:
- Free One – A free trial account that allows a single user to store up to 50 articles on Prepd’s Extemp and Congress applications. Please note:
- As the name implies, a Free One account does not cost anything (account owners are not asked to submit payment information).
- A Free One account has no expiration date; membership is perpetual.
- A Free One account has access to both Extemp and Congress applications (as well as the Dashboard and Precedence).
- Premium One – A paid account that allows a single user to store up to 61,500 articles. Please note:
- Applications: Premium One users can purchase a membership to one of Prepd’s debate applications (either Extemp or Congress) or to both of Prepd’s debate applications (Extemp and Congress). All Premium One accounts grant access to Prepd’s other applications, including the Dashboard and Precedence.
- User Limits: Premium One accounts allow for a single user. A “single user” is an individually identifiable human being or person. If Prepd suspects that a Premium One account is being used by multiple people (i.e., account credentials are shared and different individuals access the account at unique times and on unique devices) then Prepd reserves the right to immediately and permanently suspend the account without offering a refund.
- Article Limits: Premium One accounts are allowed to store up to 61,500 articles at any given time, separately to Prepd’s Extemp and Congress applications.
- If a Premium One account reaches its article limit, delete old articles via Prepd’s Article Purge feature, located in the Dashboard;
- There is a “hard article limit” of 61,500 articles. No Premium One account can store more than 61,500 articles at a given time.
- Subscription Length: A Premium One account is an annual, reoccurring membership to Prepd. It is purchased one year at a time. A team’s membership expires on the same day the account was initially created, in the following calendar year.
- Auto-Renewal: If the account owner does not disable the auto-renewal feature located in the Dashboard, Prepd will automatically renew the annual membership once a year, on its expiration date. This means that Prepd will process another charge to the credit/debit card on file.
- Subscription Cost: A Premium One membership is priced according to Prepd’s Responsive Pricing Plan. To determine the cost of a Premium One account, visit the “Pricing” page at prepd.in and open the Responsive Pricing Calculator.
- Payment Methods: A Premium One membership may be paid for via credit/debit card only; checks are not accepted for Premium One members.
- No refunds are offered to Premium One members, except in cases of extreme and prolonged technical malfunctions.
Conversions, Upgrades and Cancellations:
- Converting Accounts: A Free One account can be upgraded to either a Free Team, Premium Team, or Premium One account. A Free Team account can be upgraded to a Premium Team account. A Premium One account can be converted to a Premium Team account. Other conversions or upgrades may be possible as well.
- Simultaneous Accounts: A single Prepd user can belong to multiple accounts at once. For example, a user may have a Premium One account for personal use, and also be a part of several Premium Team accounts at the same time. A user can switch back and forth among his or her accounts within each application.
- Adding users or apps to a Premium Team: Through the Billing page in the Dashboard, a Premium Team can increase its user limit and/or purchase an additional app. A Premium Team cannot decease its user limit nor can it disable an app once it has been purchased. A Premium One user can also purchase a second app at a later date.
- Cancellations: A user can request an account to be deleted by emailing email@example.com. Prepd does not offer refunds except in cases of extreme and prolonged technical malfunction.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PREPD LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AVOS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL PREPD LLC AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PREPD LLC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
CONTROLLING LAW AND JURISDICTION
These Terms and any action related thereto will be governed by the laws of the State of Connecticut without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these terms is Connecticut.
UPDATES TO SERVICE
Prepd LLC may, its sole discretion, choose to modify, discontinue or terminate the Service, at any time and without prior notice. Prepd LLC may also choose to modify the Terms. If we choose to modify the Terms, we’ll post them and give you a chance to provide feedback before they become effective except in extraordinary circumstances where we think it’s important for them to become effective as soon as they are posted. Once they become effective your continued use of the Service will mean you agree to be bound by the new terms. You will know how recently the Terms were modified by viewing the posted date at the top.
These Terms constitute the entire and exclusive understanding and agreement between Prepd LLC and you regarding the Service and Service Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Prepd LLC and you regarding the Service and Service Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Prepd LLCs’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Prepd LLC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Prepd LLC (i) via email (in each case to the address that you provide); or (ii) by posting on the Site or via the Service. For notices made by e-mail or posting, the date of receipt will be deemed the date on which such notice is transmitted or posted, whichever is earlier.
The failure of Prepd LLC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Prepd LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Prepd can be contacted at the following:
16 Carriage Hills
San Antonio, TX 78257