terms of use

hello from the magoosh team!

thanks for taking the time to learn more about us. we are striving to make the best test prep service for your money.

the magoosh service (collectively, “magoosh”, “the site”, or “the service”) is operated by magoosh, inc. by accessing this web site, you are agreeing to be bound by these web site terms and conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. if you do not agree with any of these terms, you are prohibited from using or accessing this site. the materials contained in this web site are protected by applicable copyright and trademark law.

1. eligibility

in compliance with the children's online privacy protection act, magoosh, inc. does not permit children under 13 years of age to become users without their parent or guardian's express consent and approval. by using our site, you represent you are not under 13 years of age or have had your parent or guardian give their personal information in lieu of giving yours. no part of magoosh’s web site is structured to serve or attract anyone under the age of 13.

2. registration data; account security

if you subscribe to any of magoosh’s services, you will have an account and a password. access to password protected portions of this site is available for only so long as you have paid all required fees to magoosh. you are responsible for maintaining the confidentiality of your account and password and for restricting access to magoosh material to anyone other than yourself. you agree to accept responsibility for all activities that occur under your account or password. magoosh reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

3. use license

permission is granted to a terminable non-exclusive, non-transferable license to use magoosh, inc.'s web site for personal, non-commercial transitory viewing only. this is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
3. attempt to decompile or reverse engineer any software contained on magoosh, inc.'s web site
4. remove any copyright or other proprietary notations from the materials or
5. transfer the materials to another person or "mirror" the materials on any other server.
this license shall automatically terminate if you violate any of these restrictions and may be terminated by magoosh, inc. at any time. upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. trademarks

magoosh and other company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of company in the u.s. and/or other countries. company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the company.

5. warranties and disclaimers

the materials on magoosh, inc.'s web site are provided "as is". magoosh, inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. further, magoosh, inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet web site or otherwise relating to such materials or on any sites linked to this site.
magoosh and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.
the service may be temporarily unavailable from time to time for maintenance or other reasons. magoosh assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications.
under no circumstances will magoosh be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone's use of the site or the service, any user content or third-party applications, software or content posted on or through the site or the service or transmitted to users, or any interactions between users of the site, whether online or offline.

6. user content

you understand that except for advertising programs offered by us on the site, the service and the site are available for your personal, non-commercial use only. you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

you are solely responsible for the photos, profiles, messages, notes, text, information and other content that you upload, publish or display (hereinafter, "post") on or through the service or the site, or transmit to or share with other users (collectively the "user content"). you may not post, transmit, or share user content on the site or service that you did not create or that you do not have permission to post. you understand and agree that the company may, but is not obligated to, review the site and may delete or remove (without notice) any site content or user content in its sole discretion, for any reason or no reason, including without limitation user content that in the sole judgment of the company violates this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. you may remove your user content from the site at any time. if you choose to remove your user content, the license granted above will automatically expire, however you acknowledge that the company may retain archived copies of your user content.

7. user conduct

you understand that the site is available for your personal, non-commercial use only. you represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

in addition, you agree not to use the site to:

harvest or collect email addresses or other contact information of other users from the site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
use automated scripts to collect information from or otherwise interact with the site;
register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the site any private information of any third party, including, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass any other user;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from the company, or create a false identity on the site;
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of company, is objectionable or which restricts or inhibits any other person from using or enjoying the site, or which may expose company or its users to any harm or liability of any type.

8. limitation of liability

in no event shall magoosh, inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on magoosh, inc.'s internet site, even if magoosh, inc. or a magoosh, inc. authorized representative has been notified orally or in writing of the possibility of such damage. because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. this limitation shall apply notwithsthanding any failure of essential purpose of any limited remedy.

9. revisions and errata

the materials appearing on magoosh, inc.'s web site could include technical, typographical, or photographic errors. magoosh, inc. does not warrant that any of the materials on its web site are accurate, complete, or current. magoosh, inc. may make changes to the materials contained on its web site at any time without notice. magoosh, inc. does not, however, make any commitment to update the materials.

10. links

magoosh, inc. has not reviewed all of the sites linked to its internet web site and is not responsible for the contents of any such linked site. the inclusion of any link does not imply endorsement by magoosh, inc. of the site. use of any such linked web site is at the user's own risk.

11. site terms of use modifications

magoosh, inc. may revise these terms of use for its web site at any time without notice. by using this web site you are agreeing to be bound by the then current version of these terms and conditions of use.

12. governing law

any claim relating to magoosh, inc.'s web site shall be governed by the laws of the state of delaware without regard to its conflict of law provisions.

13. proprietary rights

you acknowledge and agree that the service and any necessary software used in connection with the service contain proprietary and confidential information that are protected by applicable intellectual property and other laws. you further acknowledge and agree that content contained in information presented to you through the service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

14. indemnification

you agree to indemnify, defend and hold harmless magoosh, its officers, directors, employees, agents, other service providers, vendors or customers from and against all losses, expenses, damages and costs, including reasonable attorneys? fees resulting from any violation of these terms and conditions of use by you or any harm you may cause to anyone in connection with your use of the service, including, for the avoidance of doubt, your use, or the use by any of your affiliates, of the service for competitive purposes.

15. entire agreement

the terms and conditions of use governs your use of the service and constitutes the entire agreement between you and magoosh. it supersedes any prior agreements between you and magoosh. 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 magoosh possesses with respect to these terms and conditions of use.

16. miscellaneous

any failure by magoosh to exercise any rights or enforce any of the terms of these terms and conditions of use shall not constitute a waiver of such rights or terms. if any provision of these terms and conditions of use or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these terms and conditions of use, 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.

17. subscription period

you will be entitled to receive the service only during the subscription period ("subscription period") specified by your payment confirmation.

18. payment terms

you agree to pay magoosh the fee specified in the payment form during the period ("fee"). a valid credit card is required to access to the service. the fee is payable in advance for the period. fees are non-refundable and non-transferable, unless otherwise stated in our money back guarantee policy. accordingly, if you elect to cancel your access to the service during the period, you will not receive a refund of the fee(s) previously paid to magoosh, unless otherwise stated in our money back guarantee policy.

19. no resale or redistribution of the service

you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the service use of the service, or access to the service.

20. waiver and severability of terms

the failure of magoosh to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of such right or provision. if any provision of the terms and conditions of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms and conditions of use remain in full force and effect.

21. electronic communications

when you visit this website and when you communicate with us electronically, for example by sending us an email or ordering our products online, you consent to receive communications from us electronically. we will communicate with you by email or by posting notices on this website. you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

22. privacy policy

you consent to the collection, processing and storage by magoosh of your personal information in accordance with the terms of magoosh’s privacy policy, which is available at www.www.catharsisit.com/privacy. you agree to comply with all applicable laws and regulations, and the terms of magoosh’s privacy policy, with respect to any access, use and/or submission by you of any personal information in connection with this web site.