User Site Terms & Conditions
effective: February 5, 2020
Smarter with Achieve is a prep course company that helps you increase your likelihood of passing exams for college credits (credit-by-exam). Smarter with Achieve is not a college and does not issue degrees or give college credit. The programs listed above and elsewhere on this website are test preparation programs offered by Smarter with Achieve to prepare you to take exams from an independent accredited college, or an independent testing center, to enable you to earn credits from such college.
The Smarter with Achieve User Site Terms & Conditions (T&C) agreement sets forth terms, conditions, requirements, and clauses relating to the use of the Smarter with Achieve website or mobile/desktop app, e.g. copyright protection, accounts termination in cases of abuses, and so on.
General Introduction/ Definitions
Welcome to Smarter with Achieve (hereinafter referred to as the “Achieve” or “we”or “us”), the Achieve website or “site” is comprised of various web pages operated by Smarter with Achieve. Achieve’s site is offered to you on your acceptance without modification of the terms, conditions, and notices contained herein. We reserve the right to change these Site Terms and Conditions at any time and will make the most recent version available on the site. By accessing and using the site and/or any information, content or materials made available on the site, including by downloading any Achieve material or add-ins, you irrevocably agree that such use is subject to these site terms and conditions. If you do not agree to these site terms and conditions, you may not use this site or any Achieve affiliate sites. By accessing and using this site and continuing to use the site after any modifications, you agree to the terms and to be bound by any such changes.
In this agreement “you” refers to any person who visits the Achieve website or affiliated sites. While any visitor can view the site content, to fully use all SmarterwithAchieve.com and its affiliate sites features, you must be a registered customer on the site with a “user account.” By obtaining a registered user account, you agree that you will never divulge, lend, resell or share access or access information to your user account with any third party for any reason. You also agree that you will create, use, and access only one user account, and that you will not access the site using multiple user accounts.
The site is intended for the use of adults 18 years or older and children over the age of 13. You are not permitted to use the site if you are under the age of 13. By using the site, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 13 in accessing the site or to attempt to contact children under 13 through the site.
User Created Content
Achieve defines user-created content (UCC) as any form of content created by users of a system or service and made available publicly on that system. By submitting content, regardless of form or medium. You are solely responsible for your user-created content, and you represent that you will not:
Submit material that 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 or have permission from their rightful owner to post the material and to grant us all of the rights granted herein;
Use a false identity or impersonate any other person or use a name that you are not authorized to use;
Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or give rise to civil liability or is otherwise inappropriate.
Achieve does not claim ownership of the user content you provide to Achieve (including feedback and suggestions) or post, upload, input or submit to any Achieve websites or its associated sites. However, by posting, uploading, inputting, providing or submitting any UCC you are granting Achieve, the necessary sublicensees permission to use your UCC in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your UCC.
No compensation will be paid with respect to the use of your UCC, as provided herein. Achieve is under no obligation to post or use any user-created content you may provide and may remove any submission at any time in Achieve’s sole discretion.
By posting, uploading, inputting, providing or submitting your user-created content, you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
Use of Communication Services
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to the set types of communications can result in identity theft. Always access your sensitive account information by going directly to the SmarterwithAchieve.com website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Achieve reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Achieve is not obligated to credit or discount a membership for holds placed on the account by either a representative of Achieve or by the automated processes of SmarterwithAchieve.com and its affiliate sites.
Also, the Achieve site may contain bulletin board services, chat areas, newsgroups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights to it or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Achieve has no obligation to monitor the Communication Services. However,
Achieve reserves the right to:
Review materials posted to a Communication Service and to remove any materials in its sole discretion.
Terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Achieve’s sole discretion.
Achieve reserves the right, in its sole discretion, to terminate your access to the Achieve website and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the New Jersey, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Morris County, New Jersey, U.S.A. in all disputes arising out of or relating to the use of the Achieve website. Use of the Achieve website is unauthorized in any jurisdiction that does not give effect to all provisions of these site terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Achieve as a result of this agreement or use of the Achieve website. Achieve’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Achieve’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Achieve website or information provided to or gathered by Achieve with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Achieve with respect to the Achieve website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Achieve with respect to the Achieve website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in Standard American English.
No Unlawful or Prohibited Use
As a condition of your use of the Achieve website, you warrant to Achieve that you will not use the Achieve website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Achieve website in any manner which could damage, disable, overburden, or impair the Achieve site or interfere with any other party’s use and enjoyment of the Achieve site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Achieve websites.
Furthermore, this site is for your personal use only. Commercial use of the site or of any site content is prohibited without written permission from Achieve. All users interested in using this site for commercial use must first receive written consent from Achieve. Contact can be made by emailing [email protected]
Third Party Sites
The Achieve website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Achieve and Achieve is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Achieve is not responsible for webcasting or any other form of transmission received from any Linked Site. Achieve is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Achieve of the site or any association with its operators.
While Achieve is an expert on the policies and procedures of many colleges, nonetheless, we do not have any affiliation or agreement with those colleges and the final decisions about credits and degrees rest with the colleges. You must independently apply for, and be accepted into a college.
The information, software, products, and services included in or available through the Smarter with Achieve website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Achieve may make improvements and/or changes in the Achieve website at any time.
Your use of the site is at your own risk. All information on the sites and/or included in e-mails distributed to you by us is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, any warranty of non-infringement or any implied warranty of merchantability or fitness for a particular purpose or any warranty that the site will be uninterrupted or error-free. In no event shall Achieve be liable to you for any damages (including indirect, incidental, consequential, or punitive damages) arising out of your use of, or inability to use, the site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by the law.
Smarter with Achieve Prep Pass Rates
Only the latest pass/fail result per course per customer is used. We use approximately the last 24 months of results in our calculation. Customer failed results are only counted as part of this calculation if the customer completed the class, which is defined as at least 85% attendance and 85% completion of assignments for that specific class. Results do not include college entrance or state license exams.
We do not endorse and are not responsible for the availability or content of other services that may be linked to our site.
Waiver of Jury Trial
The parties hereby irrevocably waive any and all right to trial by jury in any legal proceedings arising from or relating to these Site Terms and Conditions.
Choice of Law and Forum
Any dispute between us arising from or related to these Site Terms and Conditions will be governed by New Jersey law and the exclusive forum for disputes arising from or related to this agreement shall be the state and federal courts of New Jersey.
If any provision of this Agreement is ruled unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable.
All content, applications, digital downloads, data compilations on the site and all text, photographs, graphics, video and audio included in them (“site materials”) are the property of or licensed to Achieve. The site contain material that is protected by copyright, trademark, or other intellectual property rights, and the site themselves are protected as a collective work under the copyright laws of the United States and other countries.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the site are the registered and unregistered Trademarks of Achieve and of Achieve’s licensors. You may not use the Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us. You may not frame the content of the site without express, written consent by Achieve. You may not use metatags or any other “hidden text” that incorporates the Achieve Trademarks or our name without our express written consent.
Reporting to Copyright Agent
If you are a copyright owner or agent thereof and believe that any of the site materials infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) to our Copyright Agent with the following information:
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;
The URL of the location containing the material that you claim is infringing;
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.
Our Copyright Agent can be reached as follows:
Attn: Copyright Agent
SMARTER WITH ACHIEVE
500 Westover Dr, Ste 6479
Sanford, NC 27330