Manhattan Prep Policy & Terms
TERMS & CONDITIONS: Your purchase, enrollment in and use of products, services and events (“Programs”) sold by MG Prep, Inc. (“Manhattan Prep”) and your access to manhattanprep.com and other websites operated or controlled by Manhattan Prep (the “Site(s)”) are subject to these terms and conditions (“Terms”). If You purchase 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”). By accessing Site(s) and/or purchasing and/or using Programs, You agree to be bound by the Terms, which is an agreement between Manhattan Prep and You. Site is intended for U.S. residents. If you are a resident of the European Union, please visit the site of our affiliated company at manhattanprep.co.uk.
Children: Children under the age of 13 are not permitted to purchase or enroll in Programs. Children may provide information to Manhattan Prep and participate in Programs only with consent of a parent or guardian.
Program Fees: You must make full payment of all Program fees and other charges, including any shipping and handling charges (“Tuition”) prior to the start of your Program(s). All payments made to Manhattan Prep are nonrefundable. Due to the proprietary nature of our materials, our limited class size, the scheduling/booking costs of our instructors, and our own administrative costs, we are not able to provide refunds to students for any reason. This applies both to deposits and any other payments for all courses, private tutoring, workshops, product sales, and all other purchases. Please note that refunds are not issued for class sessions you miss or if you withdraw from the course. If you make a request for a refund of unused private tutoring hours within 180 days of the purchase, you will receive a refund for those unused hours.
Program Switches: If you are enrolled in a Program that has not yet begun and has not sold out, you may switch into another Program with no penalty by contacting Student Services at least 48 hours prior to the start of the class you are currently enrolled in. If your Program has already begun or has sold out, you can switch into another upcoming Program by paying a switch fee; contact Student Services for details.
Access Periods: Programs may include access to digital resources (“Online Resources”). Complete Course and Live Course students have access to Online Resources beginning at the point of registration and ending 6 months after the course end date. Self Study students (Interact or Guided Self Study programs) have access to Online Resources for 6 months beginning at the point of purchase. Tutoring students will have access to Online Resources for 6 months from the purchase of tutoring hours.
Program Retakes: If you have completed a Program with Manhattan Prep, you may enroll in a second Program for a significantly reduced re-take fee. To take advantage of this option, contact Student Services at 800-576-4628 or email@example.com.
Class Schedule and Location Changes: Class schedules and locations of Programs are subject to change and/or cancellation. Manhattan Prep will notify You of any changes or cancellations. If an alternative Manhattan Prep Program does not meet your needs, Manhattan Prep will provide a full refund.
Intellectual Property: All Programs and the Site are owned by Manhattan Prep 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 Manhattan Prep. Programs may not be shared, re-sold, reproduced, re-published, modified, transferred or distributed in any way without Manhattan Prep’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 or through use use of the Site(s), regardless of medium or format, (collectively, “Program Content”), are protected by copyright law and belong to Manhattan Prep 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 on the Sites and in Programs are the registered and unregistered trademarks of Manhattan Prep, Manhattan Prep's licensors and Third Party Sellers and may not be used without Manhattan Prep’s prior, written permission. Third Party Products are owned by such Third Parties and their respective licensors.
Online Resources provide digital access to Program Content. Subject to your compliance with these terms and conditions, Manhattan Prep grants You a limited, personal, non-exclusive, revocable and non-transferable license to access Online Resources during the access period of your Program.
Links:You may be able to link from the Site to third party websites and third party web sites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us.
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, licence 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 mail: Attn: Copyright Agent
1515 W Cypress Creek Road
Fort Lauderdale, FL 33309
By phone: (312) 385-1246
By email: firstname.lastname@example.org
Passwords: When You set up a Manhattan Prep 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. Manhattan Prep has the right to terminate your account for any reason at our sole discretion without notice to You.
Mobile Devices, Phone Calls & SMS: If You provide Manhattan Prep with a telephone number, such as when You purchase, enroll in or use a Manhattan Prep Program, You agree that Manhattan Prep may contact You about your Program and about other Programs and opportunities by telephone and/or text message utilizing automated technology at such telephone number(s). You understand that this consent is not required to purchase goods or services from Manhattan Prep.
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.
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 Manhattan Prep is not responsible.
Student Code of Conduct: Manhattan Prep reserves the right to remove any student from any Program for: (1) serious and/or repeated disruptions to the learning environment (i.e. use of profanity, cell phone use in classrooms, etc.); (2) deliberate destruction, misuse, or theft of property of Manhattan Prep or of its students, staff and visitors; (3) abusive, harassing, threatening or violent conduct, as determined by Manhattan Prep; (4) failure to comply with federal copyright and criminal laws forbidding the misappropriation, copying, or alteration of copyright-protected materials; (4) failure to comply with school’s health and safety policies, and (5) other serious misconduct that in Manhattan Prep’s estimation warrants a student’s removal from a Program. Students removed from Programs for violations of the Code of Conduct are not eligible for refunds or eligible to purchase other Programs.
International Students: If You study in the U.S. on a 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 MANHATTAN PREP 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 MANHATTAN PREP BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF MANHATTAN PREP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MANHATTAN PREP’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU FOR YOUR PROGRAM.
Arbitration & 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 Manhattan Prep 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 Manhattan Prep or a related entity is a party. The same applies to Manhattan Prep’s legal actions against You. Thus, You and Manhattan Prep 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 Manhattan Prep agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over a representative or class proceeding.
Export: Software related to or made available by the Program may be subject to United States export controls. Thus, no software from the Program may be downloaded by or 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. Government; (b) any person listed on any U.S. Government list of prohibited or restricted parties, including but not limited to the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List or Entity List; (c) to any entity 50% or more owned, directly or indirectly, or controlled by any such person described in (a) or (b); or (d) to any person otherwise blocked by the U.S. Government. The persons defined in (a)-(d) shall be collectively referred to as Excluded Persons.
Tax: Purchases may be subject to taxes in many states. Tax rates are different from state to state. You are responsible for paying all such taxes.
Consent and Release
- During your Program, Manhattan Prep may contact You for feedback related to your Program, You may be photographed or your class recorded (collectively referred to as “Student Experience Materials”). You agree that Manhattan Prep may use the Student Experience Materials for internal purposes.
- You certify that you are not an Excluded Person or an official, employee or contractor of the Government of Venezuela (including all political subdivisions, agencies, or instrumentalities thereof) nor have been such;
- Programs or other activities may occur in hotels, schools and other facilities not controlled by Manhattan Prep (“Third Party Facilities”). You waive any claim against Manhattan Prep arising from your (or your child's) use of Third Party Facilities, including claims related to the safety and security of third party facilities.
These Terms supersede all prior oral or written agreements and constitutes 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.
Contact: All comments, queries and requests relating to these Terms and Conditions are welcomed and should be addressed as follows:
By mail: 1515 W Cypress Creek Road, Fort Lauderdale, FL 33309
By email: email@example.com
Rev. October 2020