SylvanTestPrep.com Terms of Use and Privacy Policy

Sylvan Learning, Inc. (“Sylvan”) maintains this online SylvanTestPrep.com program website (the “Site”) to provide access to the SylvanTestPrep.com study and test preparation services (the “Program”). Your access to and use of the Site and related license to use the Program is subject to the following terms, the license granted below, provisions of Sylvan's Privacy Policy and all applicable laws. This is a legally binding agreement. By accessing the Site, you accept these conditions, all of which may be modified in Sylvan's sole discretion from time to time. You are encouraged to review these Terms of Use including the license, periodically to view the most current version. Any new features that enhance the Site, generally, shall be subject to these Terms of Use and Sylvan's other policies. You should not use the Site or Program unless you are willing to abide by these conditions.

TERMS OF USE

1. User Conduct

You agree to not use the Site in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, and invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. You agree that you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or attempt to disguise the origin of anything transmitted through the Site. You will not use the Site to transmit anything that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and you agree that you will not email or otherwise transmit anything that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party. Your use of the Site will not interfere with or disrupt the servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

You understand that information, data, messages and other materials transmitted are the sole responsibility of the person from whom such material originated. This means that you and not Sylvan are entirely responsible for all uploads and/or emails transmitted via the Site. Under no circumstances will Sylvan be liable in any way for your use of the Site, including but not limited to any errors or omissions in any information available from the Site or for any loss or damage of any kind incurred as a result of the use of the Site or any information obtained from the Site. Sylvan reserves the right to modify, suspend and/or discontinue the Site, at any time, in its sole discretion.

2. Privacy

The terms of Sylvan's Privacy Policy, as set forth below, also apply to any personal information that you may provide about yourself in connection with your use of the Site. The Privacy Policy is subject to change from time to time in Sylvan's sole discretion.

3. Termination

Sylvan, in its sole discretion, may terminate your access to the Site for any reason, but especially if Sylvan believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use or of the license granted in Section 2. Sylvan may also in its sole discretion and at any time discontinue providing the Site, with or without notice but shall then, as your sole remedy, refund to you the license fee paid, if any, pro-rated over the remainder of the licensing period. You agree that any termination of your license to the Program and your access to the Site may be effected without prior notice, and acknowledge and agree that Sylvan may immediately deactivate or delete your account, if any, and all related information and files in your accountand/or bar any further access to such files or the Site. Further, you agree that Sylvan shall not be liable to you or any third party for any termination of your access to the Site, other than Sylvan's obligations to refund the pro-rated portion of the license fee actually paid.

4. Notices and Procedures for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site's legal department. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Sylvan respects the intellectual property of others, and asks its users and visitors to do the same. Sylvan will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Sylvan will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information (“Notice of Infringement”):

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located;
  4. your address, telephone number, and email address and all other information reasonably sufficient to permit Sylvan to contact you;
  5. 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
  6. a statement by you, made under penalty of perjury, that the above information in your Notice of Infringement is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail: Sylvan Learning, Inc.
1001 Fleet Street
Baltimore, Maryland 21202
Attention: Debra Markwitz
By fax: (410) 843-8353
By Email: debra.markwitz@sylvanlearning.com
(Please include “Notice of Infringement” in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SYLVAN THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

5. Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of sponsors, suppliers, partners or advertisers (collectively “Advertisers”) found on or through your use of the Site, if any, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Advertisers. You agree that Sylvan shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of such third parties participating on the Site. However, we may be privy to and use personal information provided by you to such parties.

6. Links

The Site may contain links to other internet websites or resources not controlled by Sylvan. When you link to those sites, you leave the Site and therefore Sylvan's Privacy Policy no longer applies; you become subject to the practices of those companies or individuals operating the linked sites. Please use caution and review the privacy policies of any sites that you visit to learn more about their information gathering practices. Sylvan has no control over such sites, their content and resources or the business practices or policies of operators of such sites. Therefore Sylvan cannot be and expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Site does not imply that Sylvan endorses the linked site. Your use of the links is at your own risk. You further acknowledge and agree that Sylvan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such goods, services or materials available on or through any such link, site or resource.

7. Sylvan's Proprietary Rights

You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”), the Program, all images, photography, regardless of source, graphics, artwork, text, Marks (defined below), and other information and material found on the Site and all intellectual property relating thereto (all of which are considered “Licensed Content”) but excepting information transmitted to the Site by any parties other than Sylvan and Sylvan's employees or suppliers, is owned by Sylvan or third parties, its subsidiaries, affiliates, or suppliers, and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All Sylvan logos, trade names, trade dress, product and service names displayed through the Site (collectively, the “Marks”) are proprietary to Sylvan, its subsidiaries and affiliates. In addition, Sylvan may license from third parties the rights to use their marks on its products (“Third Party Marks”). Subject to your strict compliance with these Terms of Use (including the license provisions of Section 2), Sylvan grants to you a restricted, nonexclusive, non-transferable, non-sublicenseable license to use the Site and Licensed Content, including the Program solely for your use. You may not relicense, rent or lease any Licensed Content or use the Licensed Content for third-party training, commercial time-sharing or service bureau use or processing data of any other entity.

You may not sell, distribute, transfer, modify, copy, transmit, create derivative works, modify or publish the Licensed Content, with or without consideration, or otherwise use the Licensed Content except in connection with your access to and participation in the Site and authorized use of the Program. Sylvan grants no rights other than those granted explicitly herein and hereby reserves and retains all worldwide title, copyright and other proprietary rights in the Site and Licensed Content, including all updates and modifications thereto.

8. Consent and Release
For adequate consideration received, you hereby give Sylvan, its indirect parent, Educate, Inc., and their direct and indirect subsidiaries and affiliates and those acting with its authority (collectively, “Sylvan”) the absolute, unrestricted, irrevocable and worldwide right, with respect to any information concerning you, including your name and biographical and employment information, and any photographic image made of you, or any work product created by you (including text material and photograph), and whether digital or otherwise (collectively, the “Information”):

(a) to display, reproduce, broadcast, publish, edit, modify or prepare derivative works or otherwise use the Information, in whole or in part, individually or in connection with, or as a composite of other photographs or other matter, including text, data, images, illustrations, animation graphics, in video or audio segments of any nature, on any of Sylvan's marketing materials, websites or in any other public or private medium, including all formats of print, computer readable electronic, magnetic, digital, laser or optical based media (the “Work”) and for any purpose whatsoever, including but not limited to product promotion and advertising (the “Permitted Use”);
(b) to register the copyright of the Information and any Work in Sylvan's name or any other names that it may choose; and
(c) to use and permit your name to be used in connection with the Information and any Work, whether an original or modified form as Sylvan so chooses.

You hereby release and discharge Sylvan, its agents, employees, officers, shareholders, successors and assigns from any and all claims and demands you may now or hereafter have arising out of or in connection with the Permitted Uses of the Information or any Work, including, without limitation, any and all claims for the right of privacy, publicity, libel or slander and any and all claims and/or demands for royalties associated therewith.

You agree that there shall be no obligation to utilize the authorization granted by you hereunder. The terms of this authorization shall commence on the date you accept these Terms of Use and will be without limitation. This consent and release shall also inure to the benefit of the legal representatives, licensees and assigns of Sylvan as well as the person(s) who recorded or otherwise assisted in the publication of the Permitted Uses of the Information and any Work.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE AND THE PROGRAM IS AT YOUR SOLE RISK. THE SITE AND THE PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SYLVAN 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, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE AND/OR USE OF THE PROGRAM.
(b) SYLVAN MAKES NO WARRANTY THAT (i) THE SITE OR PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE OR PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR PROGRAM WILL BE ACCURATE OR RELIABLE.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SYLVAN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE, LICENSE OR SYLVAN'S PRIVACY POLICY.

SYLVAN ASSUMES NO RESPONSIBILITY FOR ANY FAILURE OF THE SITE OR PROGRAM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION, TIMELINESS, DELETION, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR DATA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SYLVAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SYLVAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR PROGRAM. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW PROACTIVE RELEASE FROM LIABILITY, THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, IT IS EXPRESSLY UNDERSTOOD that Section 1542 of the Civil Code of California provides as follows:

1542. (Certain Claims not Affected by General Release). A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. If in any way applicable, the parties agree that the benefits of the provisions in SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR FEDERAL OR STATE STATUTE ARE HEREBY WAIVED by the parties and each of them acknowledge and agree that this release will be delivered in the State of California and that this waiver is an essential and material term of this release.

10. Notice

Notices to you may be made via either email to or regular mail. Notice or other correspondence to Sylvan should be mailed to:

Sylvan Learning, Inc.
1001 Fleet Street
Baltimore, Maryland 21202
Attention: Debra J. Markwitz

11. General Information

These Terms of Use (including the license) together with the Privacy Policy set forth below is a legally binding agreement and constitutes the entire agreement between you and Sylvan and governs your use of the Site and Program, superseding any prior agreements between you and Sylvan. These Terms of Use and license and the relationship between you and Sylvan shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and Sylvan agree to submit to the personal and exclusive jurisdiction of the courts located within Baltimore County, State of Maryland. The failure of Sylvan to exercise or enforce any right or provision stated herein shall not constitute a waiver of such right or provision. If any provision of these Terms of Use and license 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 remainder of these Terms of Use and license remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Site or these Terms of Use and license within one (1) year after such claim or cause of action arose or be forever barred. The section titles stated herein are for convenience only and have no legal or contractual effect.

The parties acknowledge that they have required that these Terms of Use and license be prepared and provided in English. Les parties reconnaissent qu'elles ont exige que la presente convention soit redigee in anglais.


 

PRIVACY POLICY

Sylvan Learning, Inc. (“Sylvan”) is committed to protecting the privacy of our students and their families, and we treat any information you share with discretion, care and respect.

What types of personal and non-personal information do we gather online and offline?

We will not collect personally identifiable information on the Site.

What about Children's Privacy?

Children's privacy is important to Sylvan. We are committed to safeguarding children's personal information collected online, and to helping parents and their children learn how to exercise control over personal information while exploring the Internet. We will not collect personally identifiable information from children.

How do we use the personal information that we gather?

We do not collect nor use personally identifiable information on the Site.

How is non-personally identifiable data used?

We use non-personally identifiable data for internal business and marketing purposes, and share such data with third parties, including current or potential business partners. For example, we occasionally use information about what banners or links have brought you to our Site to measure online advertising effectiveness and to determine payment to our online advertising partners.

What about cookies and gifs?

We receive and store certain types of information automatically through the use of “cookies” and 1-pixel gifs. Cookies are files that your Web browser places on your computer's hard drive. 1-pixel gifs are tags that reside on certain pages of our Site. We use cookies and gifs to track your experience with this Site, to keep track of items you put into your shopping cart, to tell us whether you have visited this Site previously, and to help us determine if you came from a particular link or banner advertisement. You may set your browser to reject cookies, but this may limit some functionality of the Site.

We do not use cookies or gifs to retrieve personal information about you from your computer.

Do we disclose your personally identifiable information to third parties?

We do not collect personally-identifiable information from the Site, and except as set forth below, we do not disclose personally identifiable information to third parties.

Notwithstanding anything else in this policy, we may: (a) disclose personal and aggregate information when required by a valid legal mechanism such as a search warrant, subpoena, or court, governmental or administrative order, or when we deem it necessary to protect the integrity of our Site or the safety of Site users, our employees or property; and (b) disclose personal information in the context of the sale of some or all of our assets or other transfer of our business. In such event, we may retain a copy of the transferred information.

How are e-mail links treated?

We use e-mail links located on the “Contact Us” page to allow you to contact us directly with any questions or comments you may have. We read every message sent in and try to reply promptly to each one. This information is used to respond directly to your questions or comments. We may also file your comments to improve the website and learning programs, or review and discard the information.

Can I opt out of receiving communications from Sylvan?

Yes. We will process your request promptly. Please be aware that you may receive another contact before your name removal takes effect. We regret any inconvenience this may cause. This website gives you the following options:

If you do not wish to receive direct mail communications, send an e-mail to smpoptout@sylvanlearning.com with your full name in the subject line. Please include your first name, last name, address, city, state, zip code, and phone number to ensure we can process your request.

If you do not wish to receive e-mail communications, send an e-mail to smpoptout@sylvanlearning.com with the word UNSUBSCRIBE in the subject line. Please include your first name, last name, address, city, state, zip code, and phone number to ensure we can process your request.

If you do not wish to receive telephone communications, send an e-mail to smpoptout@sylvanlearning.com with your full name in the subject line. Please include your first name, last name, address, city, state, zip code, and phone number to ensure we can process your request.

If you do not wish to receive any communications, send an e-mail to smpoptout@sylvanlearning.com with your full name in the subject line. Please include your first name, last name, address, city, state, zip code, and phone number to ensure we can process your request.

If you prefer, you can send us a letter at the following address. Please include your first name, last name, address, city, state, zip code, and phone number to ensure we can process your request:

Sylvan
1001 Fleet Street
Baltimore, Maryland 21202
Attn: Debra Markwitz

Notice to California Residents about Your California Privacy Rights

In addition to other rights described in this Privacy Policy, if you are a California resident and a Sylvan customer, you have the right to request information from Sylvan regarding the manner in which Sylvan shares certain categories of your personal information with third-parties, for the third parties' direct marketing purposes. California law provides that you have the right to submit a request to Sylvan at its designated address and receive the following information within thirty (30) days of our receipt of the request: (1) the categories of personal information disclosed to third parties during the immediately preceding calendar year, (2) the names and addresses of third parties that received the personal information during the preceding calendar year, and (3) if the nature of a third party's business cannot be reasonably determined from the third party's name, examples of their products or services. You are entitled to receive a copy of this information in a standardized format, and the information will not be specific to you individually. All requests for such information must be in writing and sent to Sylvan's designated address: Sylvan, 1001 Fleet Street, Baltimore, Maryland 21202, Attention: Debra Markwitz.

What about links to other websites?

This Site may contain links to other Web sites controlled by third parties. Sylvan is not responsible for the privacy practices or the content of such Web sites. Additionally the existence of any external link does not suggest that we endorse the linked company or its products or services. We recommend that you read the privacy policies of each Web site that you visit.

Will this policy change?

If at some future time there is a material change to our information usage practices that affect your personally identifiable information, we will notify you of the relevant changes on this Site. If you are concerned about how your information is used, please check the Site periodically to review our current privacy policy.

How do I contact the Web Site?

If you have any questions about this privacy statement, the practices of this Site, or your dealings with this Site, please contact us at the following e-mail address:

smpquestions@sylvanlearning.com