TEST WOLF TERMS AND CONDITIONS

Your purchase, enrollment in and use of products, services and events ("Programs") offered by Test Wolf, LLC (“Test Wolf” or “we”) hosted on testwolf.com or any of its subdomains or third party hosting platforms (the “Site(s)”), are subject to these terms and conditions (“Terms”).  If You purchase or enroll in a Program for use by another (for example, a parent purchasing for a child) these Terms govern both You and other(s) who use any Program you purchase (collectively, “You”). You agree to be bound by the Terms, which is an agreement between Test Wolf and You.

Children: Children under the age of 13 are not permitted to purchase or enroll in Programs.  Individuals aged 13-17 must have a parent or guardian enroll on their behalf. You represent and warrant that the person enrolling in the Programs is at least 18 years of age.

Services: Test Wolf grants you a non-exclusive, non-transferrable, revocable license to use the Programs (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Programs at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Programs, in whole or in part, without providing any refund or cancelling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.

Test Wolf grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Programs, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Programs. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Test Wolf authorized representative.

Program Fees: You agree to make full payment for Programs in the amount(s) listed in your shopping cart, the Order Confirmation email You will receive, or as otherwise communicated during registration. To the extent physical materials are provided, standard shipping and handling charges apply.  Rates may be higher if you enroll within seven days of your intended Program start date or if we are shipping outside the United States. You must complete payment prior to commencing the Program unless you participate in installment or subscription billing.  We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following: fraudulent or potentially orders, incorrect pricing or non-payment.

Data Privacy: You agree to Test Wolf’s privacy policy which may be found here and is incorporated into these Terms.  Your use of the Programs is subject to our Privacy Policy, and by using any using any of the Programs, you acknowledge and consent to our collection and use of information as set forth in the privacy policy. 

Refunds: Refunds are not available once a Program has ended. Refund policies vary by Program. If your Program Fees were paid by a third party any refund due will be paid to that third party. In no event may a refund exceed the amount that Test Wolf received for the Program.  Refunds are available only for Programs purchased directly from Test Wolf and are not available for purchases made from resellers or other third party intermediaries.

Intellectual Property: All Programs, including Test Wolf’s Sites, are owned by Test Wolf and its licensors.  Programs are for your personal and non-commercial use only. You may not enroll in or use any Program for the benefit of any competitor of Test Wolf.  Programs may not be shared, re-sold, reproduced, re-published, modified, transferred or distributed in any way without Test Wolf’s prior written permission.  All books, video, audio, text, questions, explanations, diagrams, images, animations and other content that You receive or to which You have access during your Program, regardless of medium or format, (collectively, “Program Content”), are protected by copyright law and belong to Test Wolf and its licensors.  You may not download, record, screenshot, copy or reproduce Program Content in any way. You may not make any audio and/or video recording of a class or any part of your Program. You may not attempt to decompile, reverse engineer, scrape or datamine Programs. The trademarks, service marks, designs, and logos displayed in Programs are the registered and unregistered trademarks of Test Wolf, Test Wolf's licensors and Third Party Sellers and may not be used without Test Wolf’s prior, written permission.  Third Party Products are owned by such Third Parties and their respective licensors.

Programs may include digital access to Program Content.  Subject to your compliance with these terms and conditions, Test Wolf grants You a limited, personal, non-exclusive, revocable and non-transferable license to access Program Content during the access period of your Program.  Access periods may be viewed from the account management page of your Test Wolf online account.

Links to Third Party Sites.  The Program may provide links from the Site to third-party websites and third party web sites may link to the Site ("Linked Sites"). If You use these links, You will leave the Site.  Test Wolf provides these links to You as a convenience to deliver services and Program Content.  Test Wolf does not make any representations or take responsibility for such third-party sites, including, without limitation, the accuracy or quality of their content, services, data collected, advertising, and activities conducted on or through such third-party sites. If You decide to access any of the third-party websites linked to from the Site, You must follow the privacy policies and terms and conditions for those third-party websites. YOU AGREE THAT TEST WOLF WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

User Content: If You submit comments, photos and other content to us (“User Content”) through Site(s), social media communities, survey responses, email or otherwise, You grant us an irrevocable, royalty-free, perpetual, transferable, license to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User Content with your name and/or likeness. You are solely responsible for your User Content.  You represent that You have the right to submit User Content to us and the right to grant us the license described above. You warrant that User Content, and our use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.

Copyright Policy: If you are a copyright owner or agent thereof and believe that content on the Site(s) infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 (c) (3)) to our Copyright Agent with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) 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 (VI) 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:

By email: information@testwolf.com

Passwords: When You set up a Test Wolf account, You must choose a password. You are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree not to disclose your password to any third party. Test Wolf has the right to terminate your account for any reason at our sole discretion without notice to You.

Mobile Devices: Programs may offer Content and features that are available via a mobile device. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.  

Workshop Schedule and Location Changes: Workshop schedules and locations of Programs are subject to change and/or cancellation. Test Wolf will notify You of any changes or cancellations.

Program Changes: Test Wolf reserves the right to update, revise and/or modify Programs, including Program Content, features and services (“Program Changes”).  Test Wolf reserves the right to make changes to Program Changes at any time, subject to such changes not materially degrading the Program.  

Technical Requirements: You will be responsible for meeting and maintaining the minimum technical requirements for your selected purchase in order to access certain features of your Program. Access to Programs may require internet access, for which Test Wolf is not responsible. Access to digital publications may require setting up an account on a third-party site.

Your Conduct: You agree that you will not:

(i) use the Programs in a manner that (a) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights; (g) has an adverse effect on our business, reputation or ability to provide Programs; (h) violate Classroom Etiquette policies; or (i) would otherwise be reasonably deemed objectionable under the circumstances;

(ii) violate any program guidelines applicable to use of particular Programs or interfere with, impair or disrupt the ability of others to use such Programs;

(iii) use the Programs so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;

(iv) violate or attempt to violate the security of the Programs;

(v) reverse engineer, decompile or disassemble any portion of the Programs;

(vi) “scrape” information from the Programs by automated means;

(i) interfere with the ability of others or permit any unauthorized access to or use of any Programs that you have licensed or to any password applicable to your account for the Programs;

(vii) use, redistribute or resell any of the Programs, other than other than as may be authorized on the Programs or otherwise in writing by us; or

(viii) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Programs, in whole or in part, except as expressly provided in these Terms.

Classroom Etiquette:  You must follow proper classroom behavior when participating in the Program and engaging with fellow students and faculty online or in-person, as applicable:

  1. Do Not Record. You cannot take photos or videos of others, or the presentation, without permission. You cannot share or post pictures or videos of others without their knowledge or permission.

  2. Be Professional. Dress with clothes appropriate for class. You are responsible for your screen name, computer screen and background displayed to others. You may not display any offensive or inappropriate material on your person or your screen

  3. Be Respectful and Kind. Ask appropriate questions, and be willing to listen to fellow students and engage in the learning process. Do not dominate other students' opportunity to learn by asking too many questions. When asking questions and making comments, keep them related to the discussion at hand. Do not abuse the chat box.

  4. Be Prepared to Learn.  Arrive to class on time and come to class prepared. Refrain from checking any other websites (social media, gaming, etc.) or messages during class. 

  5. Eliminate Distractions. Mute yourself until you are called on to speak. Turn mobile phones off. Choose a location that will not cause distraction for you or others who will view your screen or hear your background noise during class. 

International Students: If You study in the U.S. on an international student visa You are responsible for complying with all of the terms of that visa, including timely departure from the U.S.  

Disclaimer and Limitation of Liability: PROGRAMS ARE PROVIDED “AS IS” AND TEST WOLF DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. IN NO EVENT SHALL TEST WOLF BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF TEST WOLF HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL TEST WOLF’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU FOR YOUR PROGRAM.

YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THERE IS NO GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES AND IDEAS PROVIDED IN CONNECTION WITH THE SERVICES. ALL INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE, AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.

Mental Health and Medical Service Disclaimer:

WE DO NOT PROVIDE PROFESSIONAL MEDICAL, PSYCHOLOGICAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE SERVICES PROVIDED THROUGH THE PROGRAM DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL OR PSYCHOLOGICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL OR MENTAL HEALTH EMERGENCIES. IF YOU THINK YOU HAVE A MENTAL HEALTH EMERGENCY, CALL 911 OR 988, THE 24/7 NATIONAL SUICIDE PREVENTION LIFELINE.

a. No Doctor-Patient or Psychologist-Patient Relationship. Any and all services provided by, in and/or through the Programs are for informational purposes only. Test Wolf does not provide medical or psychological services or render medical or mental health advice. Nothing contained in the Programs should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician or psychologist consultation, evaluation, or treatment, and the information made available on or through the Programs should not be relied upon when making medical or mental health decisions, or to diagnose or treat a medical or mental health condition. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY TEST WOLF PARTIES OR ANY OF TEST WOLF USERS).

You represent to us (which representation shall be deemed to be made each time you use the Programs), that you are not using the Programs or participating in any of the activities offered by the Programs for purpose of seeking medical or mental health attention. If any information you receive or obtain from using the Programs is inconsistent with any medical or mental health advice you have received from your mental health provider, you should follow the advice of your mental health provider.

Arbitration and Class/Collective Action Waiver: 

Any and all disputes arising from or related to this Agreement, including whether the dispute is arbitrable and the scope of this arbitration agreement, shall be finally resolved by arbitration administered by a single arbitrator under the then-applicable rules of the American Arbitration Association (as modified herein) in accordance with the Federal Arbitration Act. The arbitration shall be governed by and construed by federal law to the fullest extent possible. Unless otherwise agreed by the parties, the arbitration shall take place in the largest U.S. city within 100 miles of your permanent residence.  If You reside outside the United States, then the arbitration shall take place in accordance with the American Arbitration Association Consumer Rules and Protocol. Judgment on the arbitral award may be entered in any court having jurisdiction thereof.

To the maximum extent permitted by law, should You wish to initiate a legal action against Test Wolf in arbitration, You waive any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Test Wolf or a related entity is a party. The same applies to Test Wolf's legal actions against You. Thus, You and Test Wolf agree that each may bring claims in arbitration against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class. Further, unless both You and Test Wolf agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over a representative or class proceeding.

Tax: Purchases may be subject to taxes. Tax rates are different from state to state. You are responsible for paying all such taxes.

Export Compliance: Software and services related to or made available by the Program may be subject to United States, UK, EU, and other sanctions regulations and export controls. Thus, no software or services from the Program may be used, downloaded by, exported, or re-exported to: (a) a person located, organized, or ordinarily resident in Cuba, North Korea, Iran, Syria, Crimea, or any other country that is the subject of comprehensive sanctions imposed by the U.S., UK, EU, or other government or governing body; (b) any person listed on any U.S., UK, EU, or other sanctions- or export controls-related list of prohibited or restricted parties, including but not limited to the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Nationals, the U.S. Commerce Department's Denied Persons List or Entity List, the UK sanctions list, or the EU consolidated list of persons, groups, and entities subject to EU financial sanctions; (c) to any entity 50% or more owned, directly or indirectly, or controlled by any such person(s) described in (a) or (b); or (d) to any person otherwise blocked by or the subject of sanctions imposed by the U.S., UK, EU, or other government or governing body. The persons defined in (a)-(d) shall be collectively referred to as Excluded Persons.

Miscellaneous:

These Terms supersede all prior oral or written agreements and constitute the entire agreement between the parties.  Terms cannot be changed or modified orally. If any provision of Terms is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of Terms shall continue in full force and effect.  In addition to money damages, Test Wolf shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our,” “us” or variations thereof shall be deemed to refer to Test Wolf. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with Test Wolf.

Contact: All comments, queries and requests relating to these Terms and Conditions are welcomed and should be addressed as follows:

By mail: Test Wolf, LLC [525 N Johnson Street, McKinney, TX 75069]

By email: information@testwolf.com

Certification and Release

  • You certify that neither you nor any person contributing to payment for the Program on your behalf are an Excluded Person or an employee, contractor, or current or former official of the Government of Venezuela (including all political subdivisions, agencies, or instrumentalities thereof);

  • You certify that you are not enrolling the Program in order to, nor will engage in any activity while enrolled in the Program that will, cause Test Wolf to violate any sanctions or export controls law, rules, and regulations;

  • You acknowledge that access to the Program may cease when traveling or relocating outside the U.S. into countries or regions subject to economic and/or trade sanctions by the U.S. Treasury Department or other authorities;

  • Program sessions may be delivered through communications technologies including but not limited to Thinkific, JotForm, ActiveCampaign, Zoom where recording may be enabled by the instructors or coaches (collectively "host(s)").  You will receive a notification (visual or otherwise) when recording is enabled in a class, tutoring or coaching session. By purchasing the Program(s), You agree that Test Wolf and any third party technology vendor used to deliver the instruction, has consent to record any participation you choose to engage in during the sessions (i.e. chats, shared screen time initiated by you). The Program recordings may be made available to other Test Wolf students for instruction, may be used internally for quality assurance and training to improve the Programs, or for other internal purposes.

  • You certify that you have enrolled with Test Wolf for the sole purpose of exam preparation and not at the discretion of, or for the benefit of, any Test Wolf competitor;

  • You understand that Test Wolf Programs do not guarantee passing of any exam or any increase in scores; and

  • You authorize Test Wolf representatives to charge your credit or charge card in accordance with the amounts and schedule emailed to you until tuition payment is complete.

Consent to Receive Electronic Communications from Test Wolf:

  • Legal Communications. We may send the following to you by email or posting them on the Site: these Terms, including legal disclosures; future changes to these Terms, our Privacy Policy, and other notices, legal communications or disclosures and information related to the Programs. Such communications are part of the Programs which you cannot opt out of receiving.

  • Service Announcements. In using the Programs, you may receive periodic electronic communications from Test Wolf regarding the Programs, such as new product offers and other information regarding the Sites, which are part of the Programs and which you cannot opt out of receiving.

  • Promotional Communications. You may also receive periodic promotions and other offers or materials Test Wolf believes might be of interest to you. You can opt-out of receiving these promotional messages at any time by following the unsubscribe instructions contained in each message.

  • Withdrawing Your Consent. If you later decide that you do not want to receive future communications electronically, please use the unsubscribe link in the email or contact us using the contact information set forth in the “Contact” section above. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to, and electronically signed by, you prior to the effective date of your withdrawal. If you withdraw your consent to receive communications electronically, we may terminate your account and/or access to the Programs (or any part thereof).

SMS:

  • If you subscribe to Test Wolf text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. You also authorize Test Wolf to include marketing content in any such messages. You do not have to Opt-In or agree to Opt-In as a condition of purchase.

  • You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.

  • If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at information@testwolf.com.

  • As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

  • If you have any questions regarding privacy, please read our Privacy Policy.

·       By enrolling to receive Test Wolf texts, you agree to these terms and conditions, which become effective upon your Opt-in.

Changes to These Terms: We may modify these Terms at any time by posting changes on the Site(s); however, (i) these changes will only become effective and binding with respect to you after we provide notice on the Sites that these Terms have changed and you first use any of the Programs following the date of such posting, (ii) the changes will only apply with respect to your use of the Programs after such changes become effective, and (iii) any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Programs. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Programs.

YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS IN THEIR ENTIRETY INCLUDING ANY AND ALL RELATED LINKS.  BY SUBMITTING, YOU AFFIRM YOUR UNDERSTANDING AND AGREEMENT TO BE BOUND BY THESE TERMS.

Rev. January 2023