EQuALS™ - Terms and Conditions

Effective Date:  June 11, 2021

1.0 General

Headings.  The Headings herein are for convenience only and are not intended to affect the interpretation of the Terms and Conditions.

 

Governing Law.  The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict of laws principles thereof.  The Parties hereby consent to the exclusive personal jurisdiction of the federal court sitting in the city of Indianapolis, Indiana and the state court sitting in the County of Boone, Indiana with respect to any action concerning their respective obligations under these Terms and Conditions.

PREPARE, Inc.  ("PREPARE", "us", "we", or "our") offer Services.  These Terms govern your access to and use of PREPARE website, EQuALS™ application, software, mobile application(s), products, and/or services (individually or collectively, the "Services") and any information, content, text, graphics, photos, images, videos or other materials (collectively referred to as "Content") uploaded, downloaded, purchased, or appearing on or through the Services. Additional terms or requirements may apply to our individual Products and are available with the relevant Product. These Terms apply to all visitors, users, and others ("user", "users", "you" or "your") who access and use the Services.  PREPARE and Users shall be collectively referred to herein as the "Parties".  By accessing and / or using the PREPARE's Services you agree to be bound by these Terms.  Your use of the Services will constitute your acceptance of these Terms.

 

Exam Question & Answer Learning System (EQuALS™), a Software as a Service (SaaS) and mobile application designed, implemented and maintained by PREPARE, Inc. (ADBA:  PREPARE, PREPA.R.E.) is a suite of tools for online content delivery and exam preparation.  EQuALS™ is a robust, fresh, professional way to deliver [your] content! EQuALS™ allows content to be setup in a presentation or exam-style format (i.e. multiple choice, choose all that apply, true or false, numeric fill-in-the-blank, and a self-grading option of essay reveal). EQuALS™ provides a vehicle to incorporate in-depth explanations.

 

EQuALS™ (Systems and Methods for On-Line Course Management and Examination Preparation) is a four (4) module system: a first module that allows an individual or organization to easily design and present to users a study guide and / or mock examination system for aiding the users in preparing for an examination; a second module that allows users to easily access the study guide and / or mock examination system; a third module that allows advertisers to prepare and define advertisements to present to users that utilize the system; and a fourth module that analyzes users’ performance, analyzes advertisers’ performance to provide feedback to the individuals who designed the study guide and/or mock examination, the user thereof, the advertiser, and/or any other individual who may desire this information.

 

Terms and Conditions of Services ("Terms of Services" or "Terms"), as well as to PREPARE's / EQuALS's™ Privacy Policy, which is incorporated by reference into these Terms of Services.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST PREPARE. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS.

Notwithstanding the foregoing, nothing in these Terms supersedes or limits your rights under (1) the terms and conditions of any written agreement you have entered into with PREPARE regarding the use of Services, or (2) applicable laws or regulations to the extent these Terms are prohibited by such laws or regulations. In the event of any conflict between these Terms and the terms and conditions of an applicable written agreement you have entered into with PREPARE, the terms and conditions of the written agreement shall control.

2.0  Basic Terms and Accounts

You are responsible for your use of the Services. You may use the Services only if you can form a binding contract with PREPARE. Your account with PREPARE (and use of the Services) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You may use the Services only in compliance with these Terms, any agreement entered into by your institution relating to the Services, and all applicable local, state, national, and international laws, rules and regulations.

PREPARE's Services are intended for users over the age of 18, but is open to all ages. For children age 13 or younger (or other age of consent where required by local law).  In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Services; and (iii) the consequences of any misuse. PREPARE requires that the parents, guardian, or other authorized adult or educational institution of a minor affirmatively consent to the use of a PREPARE Service by such minor. PREPARE reserves the right to provide access to the minor’s account to the minor’s parents, guardian or other authorized adult or educational institution, upon such adult’s request. For additional information on how we use your information, please see our Privacy Policy.

 

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. PREPARE shall have no liability for your interactions with other Users, nor for any User’s acts or omissions.

3.0  Privacy Policy & Use of Personal Information

 

By visiting, using and submitting information through EQuALS™ (equals.prepareinc.us, or other authorized licensees), you are accepting the practices described in this Privacy Policy and our Agreement of Terms of Use (Terms). PREPARE and PREPARE’s Licensees appreciate that you care how information about you is collected and shared, so PREPARE created this Privacy Policy in order to demonstrate our firm commitment to disclose our current policies regarding your privacy and the confidentiality of your personally identifiable information.

Various analytics are and may be collected; such as, but not limited to:

  1. Personal Information

    • Name (First and Last)

    • E-mail address

    • Birth date

    • Date of EQuALS™ Registration

    • Degree Level: year received and institution

    • Past Professional Exam Status (if applicable)
       

  2. You Company Information

    • Company Name (Your Place of employment)

    • Company Address

    • Your Title

    • The primary business that your company conducts

    • The services your company provides

    • Can you specify products

    • Your company’s annual revenue

    • Your company’s number of employees
       

  3. Your use of EQuALS™

    • EQuALS™ Exam history

    • Number of Views

    • Total Time Viewed

    • Average Time per day Viewed

    • Average Number of Exams per day

    • Average Number of Problems Viewed Per Day

    • Sponsor Clicks

    • % Correct First Attempt (Easy)

    • % Correct All Attempts (Easy)

    • % Correct First Attempt (Medium)

    • % Correct All Attempts (Medium)

    • % Correct First Attempt (Hard)

    • % Correct All Attempts (Hard)

    • Problem most often incorrect based on first attempt

    • Problem most often incorrect based on all attempts

    • Problem most often correct based on first attempts

    • Problem most often correct based on all attempts