Terms & Conditions of Use
This Agreement (the “User Agreement”) states the terms and conditions under which you may use this web site and our hosted test preparation services, which together we call the “Knewton Service.” Any use by you of the Knewton Service constitutes your acceptance of all such terms and conditions, including any terms and conditions incorporated herein. BY USING THE KNEWTON SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND CREATE A BINDING CONTRACT BETWEEN YOU AND KNEWTON. If you do not accept the terms and conditions contained in this User Agreement, do not use the Knewton Service. Upon notice published through the Knewton Service, we may modify this User Agreement at any time.
1. Use of the Knewton Service. Knewton grants you a terminable non-exclusive, non-transferable license to use the Knewton Service solely for your personal, noncommercial, noncompetitive use in accordance with the following terms and conditions. Certain materials provided to you through the Knewton Service are subject to terms and conditions listed as “Legal Notices” on our web site. Any such terms and conditions shall be deemed to be a part of this User Agreement and are hereby incorporated into this User Agreement by reference.
2. Privacy Policy. By registering for or using the Knewton Service you acknowledge that you have read and accept the Knewton Privacy Policy. Before registering for or using the Knewton Service, please carefully read the Knewton Privacy Policy. You may access the Privacy Policy by clicking here or by emailing us at privacy@knewton.com. You hereby acknowledge that by using the Knewton Service and participating in online classes provided through the Knewton Service, Knewton may disseminate your name, likeness and/or voice through its web site or another medium. In agreeing to use the Knewton Service, you hereby irrevocably consent to Knewton’s use of your name, likeness and/or voice without compensation in the Knewton Service.
3. Content. The computer software, artwork and other components included in the Knewton Service are the copyrighted property of Knewton and its licensors. The Knewton Service is licensed (not sold) to you, and Knewton owns all copyright, trade secret, patent and other proprietary rights in the Knewton Service. You may not: (a) copy, distribute, rent, loan, lease or sublicense all or any portion of the Knewton Service; (b) modify, translate, distribute or prepare derivative works of the Knewton Service or the accompanying documentation; (c) reverse engineer, decompile or disassemble the Knewton Service or the accompanying documentation; or (d) remove any proprietary notices, labels, or marks on the Knewton Service and accompanying documentation. You may not transfer the Knewton Service. Your license is automatically terminated if you transfer the Knewton Service. THIS LICENSE IS NOT A SALE. TITLE AND COPYRIGHTS TO THE Knewton Service AND ANY ACCOMPANYING DOCUMENTATION REMAIN WITH KNEWTON OR ITS LICENSORS, AS THE CASE MAY BE.
You further acknowledge and agree that Knewton has no obligation to preview, screen or monitor any Content that may be added Knewton Service by other users, whether publicly posted or privately transmitted through the Knewton Service. Knewton does not guarantee the accuracy, integrity, quality or appropriateness of any such user posted Content. Under no circumstances will Knewton be liable in any way for any user posted Content, including, but not limited to, for any errors or omissions in any user posted Content, or for any loss or damage of any kind incurred as a result of the use of any user posted Content accessed, posted or otherwise transmitted via the Knewton Service. By using the Knewton Service, you agree that it is solely your responsibility to evaluate the accuracy, completeness, usefulness or appropriateness of any user posted Content that you access, post, or otherwise transmit through the Knewton Service, including user posted Content that may be offensive, indecent or objectionable. Knewton has the right to suspend, restrict or terminate your use of the Knewton Service and to refuse any future use of the Knewton Service (or any portion of the Knewton Service) if Knewton has reason to believe that you are responsible for user posted Content that Knewton deems inappropriate.
4. Registration Information. You agree, as a condition of your use of the Knewton Service, to provide Knewton with accurate and complete information when registering for the Knewton Service. Knewton has the right to suspend, restrict or terminate your use of the Knewton Service and to refuse any future use of the Knewton Service (or any portion of the Knewton Service) if Knewton has reason to believe that you have failed to comply with these requirements.
5. Guarantee.
(a) GMAT: Knewton guarantees that your future GMAT score will be at least fifty (50) points higher than your baseline score. If it is not, then you shall be entitled to receive a full refund of your Knewton membership fee subject to the following terms:
For students with a valid official GMAT score (defined by GMAC as the score from a GMAT taken less than 5 years ago), that official score serves as your baseline. If you have multiple official scores, the highest score will be used as your baseline. If you do not have a valid official GMAT score, your Knewton diagnostic CAT score will serve as your baseline. For students with multiple accounts and multiple diagnostic scores, the lowest of these scores will serve as your baseline. You must establish your baseline before you access any Knewton classes or resources in the paid course (aside from the first class session) and you must take an official GMAT within your Knewton membership period to qualify for the guarantee. You must complete five (5) Knewton GMAT CATs, attend all class sessions (either live or archived), and complete all required homework for each lesson. Your refund request must be accompanied by an unopened GMAT official score report and must be received by Knewton within sixty (60) days of your test administration. If your baseline is from an official GMAT and that score does not also appear on the recent score report, you must provide an official score report for that administration as well. If you have multiple test administrations after the start of the Knewton course and before the end of your membership period, the highest official score will be used for money-back guarantee purposes. The refund will be made in the original form of payment in US dollars.
(c) LSAT: Your baseline score is defined as the greater of either your Knewton diagnostic score or an earlier official LSAT score. Knewton guarantees that your future LSAT score will be at least five (5) points higher than your baseline score. If it is not, then you shall be entitled to receive a full refund of your Knewton membership fee subject to the following terms:
You must complete your Knewton diagnostic test before you access any Knewton classes or resources aside from the first class session and you must take an official LSAT within your Knewton membership period. As detailed on your student homepage, you must complete all required Knewton LSAT full-length tests, attend all required class sessions (either live or archived), and complete all required homework for each lesson. Your money-back request must be accompanied by an unopened LSAT official score report and must be received by Knewton within ninety (90) days of your test administration. If your baseline is from an official LSAT and that score does not also appear on the recent score report, you must provide an official score report for that administration as well. If you have multiple test administrations after the start of the Knewton course and before the end of your membership period, the highest official score will be used for money-back guarantee purposes. The refund will be made in the original form of payment in US dollars.
(d) SAT: Your baseline score is defined as your prior official SAT score. Knewton guarantees that your future SAT score will be at least fifty (50) points higher than your baseline score. If it is not, then you shall be entitled to receive a full refund of your Knewton membership fee subject to the following terms:
You must take an official SAT within your Knewton membership period. As detailed on your student homepage, you must complete all required Knewton SAT full-length tests, attend all required class sessions (either live or archived), and complete all required homework for each lesson. Your money-back request must be accompanied by an unopened SAT official score report and must be received by Knewton within ninety (90) days of your test administration. If your baseline is from an official SAT and that score does not also appear on the recent score report, you must provide an official score report for that administration as well. If you have multiple test administrations after the start of the Knewton course and before the end of your membership period, the highest official score will be used for money-back guarantee purposes. The refund will be made in the original form of payment in US dollars.
6. Refund Policy and Free Trial. The Knewton membership fee is fully refundable anytime before the start of your course, which is defined as the time that you take or bypass your diagnostic GMAT, or when you access any materials other than Session 1. Following the start of your course, the Knewton membership fee is nonrefundable.
The Knewton membership fee is fully refundable anytime before the start of your course, which is defined as the time that you take or bypass your diagnostic LSAT, or when you access any materials other than Session 1. Following the start of your course, the Knewton membership fee is nonrefundable.
The Knewton membership fee is fully refundable anytime before the start of your course, which is defined as the time when you access any materials other than Session 1. Following the start of your course, the Knewton membership fee is nonrefundable.
7. Your Conduct. As a condition of your use of the Knewton Service, you warrant to Knewton that you will not use the Knewton Service for any purpose that is unlawful or prohibited by this User Agreement. You may not use the Knewton Service in any manner that could damage, impair, disable or overburden the Knewton Service or in any way interfere with Knewton’s rights or any other user’s use and enjoyment of the Knewton Service, or otherwise infringe on any person’s rights. You agree to comply with the terms and conditions applicable to any services, products, advertisements or Content accessed by you through the Knewton Service. The KNEWTON SERVICE contains confidential trade secret information belonging to KNEWTON, and you may use the KNEWTON SERVICE only pursuant to the license set forth herein. In addition, you may not disclose the KNEWTON SERVICE to any third party. BY ACCEPTING THE TERMS OF THIS USER AGREEMENT, YOU HEREBY AGREE THAT YOU ARE USING THE KNEWTON SERVICE SOLELY FOR YOUR INDIVIDUAL, TEST PREPARATION, PURPOSES AND HEREBY STATE THAT YOU ARE NOT CURRENTLY EMPLOYED BY OR OTHERWISE HAVE ANY RELATIONSHIP WITH ANY ENTITY THAT MAY BE COMPETITIVE TO KNEWTON OR IS OTHERWISE ENGAGED IN THE BUSINESS OF PROVIDING TEST PREPARATION SERVICES. IN THE EVENT THAT YOUR CONDUCT BREACHES THE PROVISIONS OF THIS USER AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT KNEWTON SHALL SEEK BOTH CIVIL AND CRIMINAL PENALTIES AGAINST YOU IN YOUR INDIVIDUAL CAPACITY. WILLFUL INFRINGEMENT OF COPYRIGHTED WORKS MAY RESULT IN FEDERAL IMPRISONMENT OF UP TO FIVE YEARS AND $250,000 IN FINES.
8. Account Security. When you are registered, you will receive an account identifier and a password. You are responsible for protecting the confidentiality of your password and account identifier, and are fully responsible for all activities that occur under your password or account identifier. You agree (a) to immediately notify Knewton of any loss, compromise or unauthorized use of your password or account identifier or any other breach of security, and (b) to exit from your account when you conclude each session. You may notify Knewton by sending an email to support@knewton.com or by writing our Account Administrator at Knewton, Inc., Knewton, Inc., 19 Union Square West, New York, New York 10003. Knewton will not be liable for any loss or damage of any kind should you fail to comply with these requirements.
9. Restriction and Modification of Service. You agree that Knewton may limit your use of the Knewton Service, including without limitation the frequency and duration for which you may access the Knewton Service, and that Knewton has no responsibility or liability for any unavailability or limitation on use of the Knewton Service. In addition, Knewton reserves the right at any time to modify, limit access to, change the characteristics of or discontinue the Knewton Service (or any part thereof) with or without notice. You agree that Knewton shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Knewton Service.
10. Proprietary Rights. You acknowledge and agree that the Knewton Service and any necessary software used in connection with the Knewton 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 sponsor advertisements or information presented to you through the Knewton Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
11. Liability Disclaimer. YOU AGREE THAT:
(a)If YOU USE THE KNEWTON SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE KNEWTON SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KNEWTON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b)KNEWTON DOES NOT WARRANT THAT (i) THE KNEWTON SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE KNEWTON SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE KNEWTON SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE KNEWTON SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR KNEWTON COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
(c)IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE KNEWTON SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
(d)NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM KNEWTON OR THROUGH OR FROM THE KNEWTON SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
12. Limitation of Liability. YOU EXPRESSLY AGREE THAT KNEWTON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF KNEWTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR INABILITY TO USE THE KNEWTON SERVICE; (b) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE KNEWTON SERVICE; (c) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE KNEWTON SERVICE; OR (d) ANY OTHER MATTER RELATING TO THE KNEWTON SERVICE.
13. Indemnification. You agree to indemnify, defend and hold harmless Knewton, 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 the User Agreement by you or any harm you may cause to anyone in connection with your use of the Knewton Service, including, for the avoidance of doubt, your use, or the use by any of your affiliates, of the Knewton Service for competitive purposes.
14. Notice. You agree that Knewton may communicate any notices to you, including notices of changes to the User Agreement, through e-mail, regular mail or by posting of those notices on the Knewton web site or through the Knewton Service.
15. Trademark Information. KnewtonTM, the Knewton logo and other Knewton logos, product and service names may be trademarks, service marks or other intellectual property of Knewton, Inc. (the “Knewton Marks”). You agree not to display or use the Knewton Marks in any manner without the prior permission of Knewton.
16. SMS Terms of Use. SMS users agree to all terms of this User Agreement and the Knewton Service. Additional SMS related information follows:
(a)How to Enable (or Opt-in): By default, SMS capabilities are on. If you have turned them off, you may re-enable them: on your computer visit www.knewton.com and login. Click the My Account tab, click Edit and then check the box next to “Allow Knewton to send you SMS when alerts occur. Disable to prevent SMS from Knewton.” Click Update.
(b)How to Disable (or Opt-out): On your computer visit www.knewton.com and login. Click the My Account tab, click Edit and then uncheck the box next to “Allow Knewton to send you SMS when alerts occur. Disable to prevent SMS from Knewton.” Click Update. You will not receive any additional SMS messages until you re-enable SMS capabilities as detailed in How to Enable (or Opt-in),” above.
(c)Third Party Fees: You are responsible for fees associated with the operation of your mobile device and personal computer, such as messaging charges and airtime, and the costs of Internet access. You are responsible for ensuring that your wireless is compatible with SMS text messaging or mobile access. If you are unsure, we urge you to contact your wireless carrier regarding text capabilities of the service and the device. You may be subject to standard SMS text message charges from your wireless carrier. You should check with your carrier.
17. Entire Agreement. The User Agreement governs your use of the Knewton Service and constitutes the entire agreement between you and Knewton. It supersedes any prior agreements between you and Knewton. 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 Knewton possesses with respect to this User Agreement.
18. Governing Law and Venue. The User Agreement and the relationship between you and Knewton shall be governed by the laws of the State of New York without regard to its conflicts of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to use of the Knewton Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further consent and agree that the courts of the State of New York are the exclusive forum for litigation of any claim or cause of action arising out of or relating to use of the Knewton Service or the User Agreement.
19. Miscellaneous. Any failure by Knewton to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any provision of this User Agreement or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of this User Agreement, 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.