Ultimate License Prep Terms of Use and Disclaimer
Version 2026-10-29
Effective date: 2026-10-29
Please read this document carefully. It is a legal agreement between you and the business that operates Ultimate License Prep. You must accept it before you can use the classroom. Parts of it are in BOLD CAPITAL LETTERS so that you can find them easily; they are no less important than the rest.
IMPORTANT NOTICE. THESE TERMS LIMIT WHAT WE ARE RESPONSIBLE FOR (SECTIONS 9 AND 10) AND AFFECT YOUR LEGAL RIGHTS. READ THEM CAREFULLY BEFORE YOU ACCEPT.
ARBITRATION NOTICE. SECTION 14.4 REQUIRES YOU AND US TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN A COURT. YOU MAY OPT OUT WITHIN 30 DAYS AFTER YOU FIRST ACCEPT THESE TERMS (SECTION 14.4(f)).
CLASS-ACTION WAIVER. SECTION 14.5 MEANS YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF AND NOT AS PART OF A CLASS ACTION.
JURY-TRIAL WAIVER. SECTION 14.6 MEANS YOU AND WE GIVE UP THE RIGHT TO A JURY TRIAL, AS FAR AS THE LAW ALLOWS.
The short version. The full Terms below control; this summary is only to help you read them.
- Ultimate License Prep is a study aid. It does not guarantee that you will pass any exam, qualify for a license, or get a license.
- The material can contain mistakes and can go out of date. Always check the official sources.
- We are not connected to, approved by, or endorsed by any government agency, licensing board, testing company, or code publisher.
- Your access is for you alone. Do not copy, record, scrape, share, or sell the material or your account.
- If you break these rules we can end your access right away, and we do not refund your payment, to the extent the law allows.
- We provide the Service "as is," and our liability is limited (Sections 9 and 10).
- Disputes are decided by binding individual arbitration, not in court, unless you opt out within 30 days. Small-claims court stays available to both of us.
- You give up the right to bring or join a class action.
- You give up the right to a jury trial, as far as the law allows.
- California law applies. Some of your legal rights cannot be taken away by any contract, and these Terms do not try to take them away.
1. Acceptance and Capacity
1.1 Who we are. "Ultimate License Prep," "we," "us," and "our" mean [LEGAL ENTITY NAME], doing business as Ultimate License Prep. "You" and "your" mean the person who creates or uses an Account. "Service" means the Ultimate License Prep website, classroom interface, practice questions, answers, explanations, flashcards, Learning Hub lessons, audio narration, Resources, Application Tool, and everything else we provide online. "Content" means all text, questions, answers, explanations, images, diagrams, audio, video, software, data, and other material in the Service. "Account" means your login and the access linked to it. "Terms" means this document.
1.2 Acceptance. By checking the "I agree" box, selecting the accept button, creating an Account, logging in after we ask you to accept, or using the Service, you agree to these Terms. If you do not agree, do not use the Service. We will not open the classroom to an Account until it has accepted the current version of these Terms.
1.3 Electronic acceptance. You agree that clicking to accept is your electronic signature and has the same legal effect as a handwritten signature. This follows the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 and following) and the federal E-SIGN Act (15 U.S.C. § 7001 and following). We keep an electronic record of your acceptance: the version and a fingerprint (hash) of the text you accepted, the date and time, your IP address, and your browser information. You may ask us for a copy of these Terms or of your acceptance record at any time. You consent to receive these Terms, notices, receipts, and other records from us electronically. To use the Service you need a device with an internet connection, a current web browser, and an email account. You may ask us for a paper copy, or withdraw your consent to electronic records, by emailing us at the address in Section 18; if you withdraw consent we may be unable to keep providing the Service.
1.4 Capacity. You must be at least 18 years old and able to form a binding contract. If you are accepting for a company, you confirm that you have authority to bind it. You confirm that the information you give us is accurate.
1.5 Where the Service is meant for. The Service is designed for people preparing for California real estate salesperson licensing. If you use it from somewhere else, you are responsible for following your local laws.
1.6 Who may not use the Service. You may not use the Service if we previously closed an Account of yours for breaking these Terms, if the law bars you from receiving services from a U.S. business, or if you are located in, or ordinarily live in, a country or are on a list that U.S. trade or sanctions rules restrict. You agree to follow the U.S. export-control and sanctions laws that apply to your use.
1.7 You had the chance to read. By accepting, you confirm that you had the chance to read these Terms, including every part in bold capital letters, and to ask us questions before you accepted. Headings are for convenience only. You may print or save a copy of these Terms at any time.
2. Educational Purpose; No Guarantee of Results
2.1 Study aid only. The Service is an independent exam-preparation and study tool. It is not legal, accounting, tax, engineering, architectural, safety, insurance, or other professional advice, and it is not a substitute for official licensing-board publications, for the code books and laws that apply to your work, or for the work experience that licensing requires. Safety content is for exam preparation and is not a site-specific safety plan.
2.2 No guarantee. WE MAKE NO PROMISE THAT YOU WILL PASS ANY EXAM, QUALIFY FOR ANY LICENSE, RECEIVE ANY LICENSE, OR EARN ANY INCOME. THE SERVICE IS A STUDY AID ONLY, AND NO RESULT IS GUARANTEED. Practice questions are study material, not the questions on any real exam, and your scores here do not predict your results on any real exam. Whether you pass depends on many things we do not control, including your experience, effort, test-day conditions, and the licensing board's decisions.
2.3 Not a school or licensing service. Unless we say so in writing, we are not an approved school, a provider of state-approved courses, a licensing agent, or a legal representative, and we do not submit applications for you. The Application Tool is an organizing aid. You are responsible for every answer you give to a licensing agency and for checking each form and fee with the agency. You must also confirm for yourself that you meet every requirement to apply for and hold a license, such as experience, age, background, identification, bonding, and fees, because only the licensing board decides that.
2.4 Your decisions. You decide how and whether to use the Content. You are responsible for your own study schedule, application deadlines, exam deadlines, and licensing decisions.
2.5 Exam integrity. The questions in the Service are practice questions written or adapted for study. We do not ask for, and do not knowingly use, confidential questions from the real exam. The real examination is run by the licensing board and its testing vendor under their own security rules, which usually forbid recording, copying, or sharing exam content and can lead to canceled results or other penalties. Following those rules is your responsibility, and nothing in these Terms changes them.
2.6 Code and law excerpts are summaries. Text based on building, plumbing, electrical, safety, or other codes, standards, statutes, and regulations is a summary or paraphrase prepared for study. It is not the official text, it may be shortened or simplified, and it may refer to an edition that is no longer current. The official published code books and the official text of the law control over anything in the Service.
2.7 Classroom Helper. The Classroom Helper is a study chat for paid accounts. Its replies are generated by an artificial-intelligence model from the Content, from the code books and official publications in the library for your trade, and from official DRE pages, and each reply shows the source it relied on. It may quote enacted California code sections and official government publications with their section number; third-party reference works in the library are summarized in the Helper's own words and cited, not copied. Helper replies can be wrong, incomplete, or out of date, are not legal, licensing, engineering, or safety advice, and Section 3 applies to them in full: verify against the current official text before you rely on a reply. The number of Helper questions per account per day is limited and shown in the Helper, and we may change that limit. Your questions and the replies are stored with your account and logged as described in the Privacy Policy.
3. Accuracy of Content
3.1 Errors can happen. We work to make the Content accurate, but it can contain mistakes, omissions, outdated statements, typographical errors, and translation errors. Some Content is produced with the help of software, including computer-generated voice narration, which can mispronounce or mis-speak. Spanish text is a translation and can differ from the English text and from the real exam. Features marked as beta or preview may be incomplete and can change or disappear.
3.2 Things change. Laws, regulations, licensing rules, fees, forms, exam outlines, and the editions of codes and standards that apply (for example building, plumbing, electrical, and safety codes) change on their own schedules. Citations, section numbers, and figures in the Content may be out of date on the day you read them. We may update or remove Content at any time and have no duty to update it by any particular date.
3.3 You must verify. Before you rely on anything in the Content, including for an application, an exam, a bid, a contract, or work on a job, you must check it against the current official sources (the licensing board, the agency that issues the rules, the publisher of the code, and your own qualified advisers). If an official source and the Content disagree, the official source is correct.
3.4 Tell us. If you find a mistake, please email us at the address in Section 18. We may fix it, but we are not required to.
3.5 Links to other sites. The Service may point to websites and materials run by others, such as the licensing board or code publishers. We do not control them, do not endorse them, and are not responsible for what they contain, whether they are available, how they handle your data, or what their terms say. If you follow a link, you do so at your own risk and their terms apply there.
4. No Affiliation
4.1 Ultimate License Prep is an independent business. We are NOT affiliated with, endorsed by, sponsored by, approved by, or connected to the California Department of Real Estate (DRE), the California Department of Consumer Affairs, the State of California, any other federal, state, or local government or agency, any testing vendor or exam administrator, any publisher or owner of a building, plumbing, electrical, fire, or safety code or standard, or any employer, trade association, union, or school.
4.2 Names of licensing boards, license classifications, and code and standard titles are used only to identify the subjects the Content covers and who owns the real publications. They belong to their owners. Nothing in the Service is an official statement of any agency. Official study guides and exam information are available only from the licensing board.
4.3 Do not tell anyone, and do not suggest in any way, that we speak for or are connected with any agency or company.
4.4 Anything we say about the format, topics, length, or difficulty of a real exam is general information that may be wrong or out of date. The official exam outline and the licensing board's instructions control.
5. Your License and Permitted Use
5.1 Personal license. Subject to these Terms and payment of applicable fees, we give you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and the Content, for the access period shown on your purchase, solely for your own personal, non-commercial exam preparation and study. We keep all rights not expressly given to you.
5.2 Your Account is personal. An Account belongs to one person. You must keep your password confidential, you are responsible for all activity under your Account, and you must tell us promptly if you think someone else has used it. No online service can promise that an unauthorized person will never get past its security, so protect your device and your password, and tell us at once if you notice any unauthorized use.
5.3 Device rules. For security, each Account may register up to three devices and only one device may be actively using the classroom at a time. You may not try to get around these limits. You provide and are responsible for your own device, browser, internet connection, and email address.
5.4 Downloadable Resources. Some Resources (such as forms and checklists) are marked as downloadable. You may keep and use those for your own business and personal use. You may not sell, share, post, or redistribute them, and this Section does not give you any rights to other Content.
5.5 Changes to the Service. We may add, change, pause, or remove features, Content, or the whole Service, and we may do maintenance that causes downtime. We are not responsible for progress data lost in an outage, so keep your own notes of anything important. Your access period, and whether it can be extended, are described when you buy; any extension is at our discretion.
5.6 Anything you send us. The Service does not ask you to post public content. If you send us anything (for example support messages, notes, or feedback), you are responsible for it, you confirm that you have the right to send it, and you give us a non-exclusive, worldwide, royalty-free license to use it to run, support, and improve the Service and to answer you. Do not send anything unlawful, or anything confidential that belongs to someone else.
6. Prohibited Conduct
You agree that you will not, and will not help or allow anyone else to:
- copy, reproduce, download, print for distribution, photograph, or transcribe the Content, other than as the Service itself allows;
- take screenshots of, screen-record, video-record, audio-record, or otherwise capture questions, answers, explanations, flashcards, lessons, narration, or other Content, by any device or software;
- scrape, crawl, harvest, or extract Content or data by any automated means, or use bots, scripts, browser extensions, or similar tools to access or capture the Service, or use the Content to train, test, or fine-tune any machine-learning or AI system;
- bypass, disable, or interfere with any security, copy-protection, login, device-limit, or session-limit feature, probe or test the Service's security, or use proxies, VPNs, emulators, virtual machines, or remote-desktop tools to hide your identity or device or to get around the device limits;
- share your Account, password, or access with anyone, let anyone else use it, or log in from more devices or at the same time as the device limits allow;
- sell, resell, rent, lease, lend, sublicense, give away, or otherwise commercialize the Content or access to it;
- create or help create any derivative product from the Content, such as another question bank, app, course, flashcard set, study guide, video, or website;
- post, publish, or share questions, answers, explanations, or other Content online or privately, including on forums, social media, group chats, file-sharing sites, and AI chatbots;
- remove or change any copyright, trademark, or other notice;
- frame or mirror the Service, or link directly into its protected pages or Content from another site;
- reverse engineer, decompile, or try to discover the source code or protected data of the Service, except where the law does not allow this restriction;
- use the Service to cheat on, or to disclose the questions of, any real licensing exam, or send us questions or other content taken from a real licensing exam;
- impersonate any person or agency, or say you are connected with us or any agency;
- use the Service unlawfully, to harass anyone, to introduce malware, or in a way that harms the Service or other users; or
- use a chargeback or payment dispute in bad faith to get access without paying.
7. Monitoring and Enforcement
7.1 What we log. To enforce these Terms and protect the Content, we log and monitor activity on the Service, including login times, device identifiers, the devices registered to your Account, session and heartbeat information, IP addresses, browser information, which Content is requested, and how fast and how much. We may use technical tools to detect copying, scraping, automated access, and account sharing. You consent to this logging and monitoring. We do not use it to read your private communications.
7.2 What we may do. If we reasonably believe you broke these Terms, we may, with or without notice and at our sole discretion: suspend or end your access; ban your Account, email address, and devices; remove or restrict Content; require you to take steps to fix the problem; report conduct to law enforcement or to rights holders; and take legal action.
7.3 No refund for violations. If your access is suspended or ended because you violated these Terms, you are not entitled to a refund of any amount you paid, to the fullest extent California law allows.
7.4 Damages and other remedies. If you violate Section 6, you are responsible for the harm you cause us, and we may seek to recover our actual damages and, where the law or a court allows and on the same terms that would apply to you, our reasonable attorneys' fees and costs, and an order from a court (an injunction) stopping the violation. Copying or sharing protected Content can cause harm that money cannot fully fix, so you agree that we may ask a court for an injunction without first proving that money damages would be inadequate, to the extent the law allows. We may also seek any other remedy the law gives us, including under copyright law and the California Penal Code.
7.5 Fairness. Where it is practical and safe to do so, we will tell you by email why we took action and give you a way to respond. We may act first when we think waiting would cause harm. You may contact us at any time about a suspension or ban, and we will consider what you send in good faith.
7.6 Your rights are not waived. Nothing in this Section 7 takes away any right that California or federal law says cannot be waived, and nothing here limits any right you have to a refund or remedy under the law.
8. Intellectual Property; Copyright Complaints
8.1 Ownership. The Service and the Content, including the questions, answers, explanations, lessons, diagrams, flashcards, narration, software, selection, and arrangement, are owned by us or our licensors and are protected by copyright, trademark, trade-secret, and other laws. "Ultimate License Prep" and our logos are our marks. Third-party names, publications, and marks belong to their owners. Using the Service gives you no ownership of any of it.
8.2 Feedback. If you send us suggestions or corrections, you let us use them freely without owing you anything.
8.3 Copyright complaints (DMCA). If you believe Content on the Service infringes your copyright, send a notice that meets 17 U.S.C. § 512(c)(3) to our designated agent: [DMCA DESIGNATED AGENT NAME], [DMCA AGENT MAILING ADDRESS], [DMCA AGENT EMAIL]. We may remove material and end the access of repeat infringers.
8.4 Repeat-infringer policy. In appropriate circumstances we end the accounts of users who are repeat infringers of copyright. If you believe material was removed or disabled by mistake, you may send a counter-notice that meets 17 U.S.C. § 512(g)(3) to the agent named in Section 8.3.
9. DISCLAIMER OF WARRANTIES
9.1 THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, CURRENCY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE FIXED, OR THAT THE CONTENT WILL HELP YOU PASS ANY EXAM OR GET ANY LICENSE.
9.2 Use at your own risk. YOU USE THE SERVICE AND THE CONTENT AT YOUR OWN RISK. You are responsible for deciding whether the Content is right for your purposes and for any decision you make based on it, including any decision to perform, supervise, or bid construction work.
9.3 Limits of this disclaimer. The California consumer warranty statutes (Cal. Civ. Code §§ 1790 and following, including §§ 1792 and 1793) apply to the sale of consumer goods. The Service is an online educational service, not a good, so those warranty provisions do not apply to it. If a court decides any such law does apply, then the warranties are limited to the shortest duration the law allows. Some places do not allow the exclusion of certain warranties, so parts of this Section may not apply to you, and you may have other rights that vary by state. Nothing here limits warranties or rights that the law does not allow us to limit.
9.4 Voice features. Interactive Voice Response is an optional feature that is off by default. If you turn it on, you do so at your own risk. You are responsible for your microphone, device, browser, internet connection, and surroundings, for confirming that the answer the classroom recorded is the one you meant, and for turning the feature off when you do not want the microphone to listen. Speech recognition is not perfect and may misunderstand, miss, or wrongly record a spoken command. By turning the feature on and accepting its on-screen notice, you agree that we are not responsible for any misrecognized or missed command, any answer recorded in error, or any other loss or claim related to your use of voice features, to the fullest extent permitted by law. Section 2.7 of the Privacy Policy explains how voice features handle audio.
10. LIMITATION OF LIABILITY
10.1 No indirect damages. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST INCOME, LOST OPPORTUNITIES, LOSS OF A LICENSE OR EXAM ATTEMPT, EXAM OR APPLICATION FEES, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE WERE TOLD THEY MIGHT HAPPEN.
10.2 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES YOU ACTUALLY PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.
10.3 What these limits do NOT cover. These limits do not apply to, and nothing in these Terms excuses us from: (a) our own fraud, our own willful injury to you or your property, or our violation of law, whether willful or negligent, as California Civil Code § 1668 requires; (b) our gross negligence; or (c) any liability that cannot be excluded or limited under California or other applicable law, including non-waivable consumer-protection rights such as those under the Consumers Legal Remedies Act (Cal. Civ. Code § 1751). If your state does not allow some of these limits, they apply only as far as that state's law permits.
10.4 Fair allocation of risk. You and we agree that the disclaimers and limits in Sections 9 and 10 are a fair and reasonable allocation of risk, that they are reflected in the price of the Service, and that we would not offer the Service at this price without them.
11. Indemnification
You agree to defend us and our owners, officers, employees, and licensors against, and to cover and keep us free from, claims, damages, losses, and reasonable costs (including reasonable attorneys' fees) brought by anyone else that arise out of your violation of these Terms, your violation of the law or someone else's rights, or your misuse of the Service or the Content, including claims that arise because you shared or published Content. We will tell you about a claim promptly, we may take over the defense of any claim at our own expense, and you may not settle one in a way that admits fault for us without our written consent. This Section does not apply to the extent the law does not allow it, and it does not make you responsible for our own fraud, willful injury, violation of law, or gross negligence.
12. Term, Termination, and Bans
12.1 Term. These Terms apply from when you accept them until your access ends and for as long after as needed to enforce them.
12.2 You may stop. You may stop using the Service at any time. Stopping does not by itself entitle you to a refund (see Section 13).
12.3 We may end access. We may suspend or end your access immediately, with or without notice, if you violate these Terms or the law, if a payment fails or is reversed in bad faith, if your Account appears to be shared or compromised, if we are required to by law, or if we stop offering the Service. A ban means your Account, and any other account we reasonably believe you control, cannot log in, and you may not create a new one. If you start a chargeback or payment dispute without first contacting us, we may recover our actual, documented costs of dealing with it (such as the payment processor's dispute fee), as far as the law allows.
12.4 What happens next. When access ends, your license ends and you must stop using the Content. We may delete your progress data after a reasonable time, except records we must or may keep to enforce these Terms and the law, including your acceptance records and the logs described in Section 7. Sections 1.3, 2 through 4, 6 through 11, and 13 through 18 survive.
13. Fees and Refunds
13.1 Fees. Fees, the access period, and what is included are shown when you buy. Unless the purchase page says otherwise, fees are one-time and are not a subscription. Taxes, state and exam fees, bonds, and other outside costs are not included. We may correct pricing or description mistakes and may decline or cancel an order before access is delivered, with a full refund of that order. By paying, you confirm that the payment method is yours to use and you authorize us to charge it.
13.2 Refunds. Refunds are governed by our Refund Policy, which is linked from the website footer and the pricing page. These Terms do not change that policy, except that Section 7.3 says there is no refund when access is ended for a violation of these Terms. Nothing here limits any refund or cancellation right you have under law.
13.3 Digital product; access starts immediately. The Service is a digital product and nothing is shipped. Access starts as soon as your payment is confirmed, and by buying you ask us to start providing it right away. Your access covers the Content and the access period shown when you buy. Any refund right you have is the one described in the Refund Policy and in the law.
13.4 Payment disputes. If you think a charge is wrong, please contact us first at the address in Section 18 so that we can fix it quickly. If a payment is reversed or disputed, we may end the access that the payment bought (Section 12.3). Using a chargeback or payment dispute in bad faith to keep access without paying violates Section 6.
14. GOVERNING LAW AND DISPUTES
14.1 California law. These Terms and any dispute about them or the Service are governed by the laws of the State of California and applicable federal law, without regard to conflict-of-laws rules. This does not take away any protection that the law of the place where you live gives you and that cannot be waived.
14.2 Talk to us first. Before filing a court case or starting an arbitration, the person with the claim must send the other a written notice of the dispute. For notices to us, email support@ultimatelicenseprep.com (see Section 18). The notice must include your name, the email on your Account, a description of the problem, and the relief you want. We will then both try in good faith to resolve it for 30 days. Time limits for the claim are paused during those 30 days. This does not prevent either of us from going to small-claims court or from asking a court for urgent relief.
14.3 Courts and venue. Unless you and we agree otherwise or the law requires a different place, any lawsuit about these Terms or the Service that is not sent to arbitration must be filed in the state or federal courts located in [COUNTY], California, and you and we consent to the personal jurisdiction of those courts. Either of us may bring a claim in small-claims court in a county where the law allows.
14.4 BINDING INDIVIDUAL ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS (SECTION 14.4(f)).
(a) Agreement to arbitrate. Except for the matters in (e), you and we agree that every dispute, claim, or controversy between you and us (including our owners, officers, employees, contractors, and licensors when they are named in the same claim) arising out of or relating to these Terms, any earlier version of them, the Service, the Content, or your purchase, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether it arose before or after you accepted these Terms, will be resolved only by BINDING INDIVIDUAL ARBITRATION and not in court.
(b) Rules and law. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect when the arbitration starts, which you can read at adr.org. The Federal Arbitration Act (9 U.S.C. § 1 and following) governs this Section 14.4. The arbitrator must apply California law and these Terms, may award the same individual relief that a court could, and must give a short written decision that states the reasons. If the AAA cannot or will not administer the case, the arbitrator will be chosen under 9 U.S.C. § 5.
(c) Fees and location. You pay no more than the AAA consumer filing fee or the fee you would pay to file in court, whichever is less. We pay all other AAA administrative fees and all arbitrator fees and expenses, and we will pay them on time as California law requires (Cal. Code Civ. Proc. §§ 1281.97 and 1281.98). The hearing will take place in the county where you live, or by video, phone, or written submissions only, whichever you choose. Each side pays its own lawyers, except that the arbitrator may award fees and costs where the law or the AAA rules allow it on equal terms. We will not ask the arbitrator to make you pay our fees or costs unless the arbitrator finds that your claim was frivolous or brought in bad faith.
(d) Who decides. THE ARBITRATOR, AND NOT A COURT, DECIDES ALL QUESTIONS ABOUT WHETHER A DISPUTE IS COVERED BY THIS SECTION 14.4 AND WHETHER THIS SECTION 14.4 OR ANY PART OF IT IS VALID, ENFORCEABLE, OR UNCONSCIONABLE, except that a court decides (1) whether any waiver of class, collective, or representative proceedings in these Terms is enforceable, and (2) the public injunctive relief matters in (e)(3).
(e) What is not covered. (1) Either of us may bring an individual case in small-claims court in a county where the law allows, if it qualifies. (2) Either of us may ask a court for an injunction or other provisional relief to stop the unauthorized copying, sharing, or misuse of Content or other infringement of intellectual property, or to keep things as they are while an arbitration is pending. (3) A claim for public injunctive relief (relief that mainly benefits the general public) cannot be waived under McGill v. Citibank, N.A., 2 Cal.5th 945 (2017); any such claim will be decided in court, and the court case will be paused until any arbitrable claim is finished. (4) Nothing here stops you from reporting a concern to, or filing a complaint with, any government agency.
(f) YOU MAY OPT OUT OF THIS SECTION 14.4 within 30 days after you first accept these Terms. To opt out, email support@ultimatelicenseprep.com, or mail [LEGAL ENTITY NAME], [BUSINESS MAILING ADDRESS], with your name, the email on your Account, and the words "Arbitration opt-out." If you opt out, disputes go to court under Section 14.3. Opting out does not affect any other part of these Terms, and it does not affect your Account or your access.
(g) Many similar claims. If 25 or more demands for arbitration raising substantially similar claims are filed against us within 90 days by the same lawyers or by lawyers who are working together, the parties agree to the following: the AAA's Mass Arbitration Supplementary Rules and fee schedule in effect at the time apply; the demands will be grouped into batches of no more than 50, with one arbitrator for each batch; the batches will be decided one at a time, starting with the earliest filed, and the filing and case fees for a later batch are not due until that batch starts, as the AAA's schedule allows; and the time limit for a demand that is waiting for its batch is paused from the date the demand was filed until its batch starts. A court may enforce this paragraph.
(h) If part of this Section is unenforceable. If any part of this Section 14.4, other than the waiver of class, collective, or representative proceedings, is found unenforceable, that part is severed and the rest stays in force. If this Section 14.4 as a whole is found unenforceable, the dispute will be decided in court under Section 14.3. The treatment of an unenforceable class waiver is in Section 14.5.
(i) Survival. This Section 14.4 survives the end of these Terms, the closing of your Account, and the end of your access.
(j) Acknowledgment. BY ACCEPTING THESE TERMS, YOU CONFIRM THAT YOU HAVE READ THIS SECTION 14.4, THAT YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO HAVE A COVERED DISPUTE DECIDED BY A JUDGE OR JURY IN COURT (EXCEPT AS (e) ALLOWS), AND THAT YOU HAD THE CHANCE TO OPT OUT.
14.5 CLASS-ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, INCLUDING ANY ACTION BROUGHT TO OBTAIN RELIEF FOR OTHER PEOPLE. NEITHER AN ARBITRATOR NOR A COURT MAY JOIN OR CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING, UNLESS BOTH YOU AND WE AGREE IN WRITING. A court, and not an arbitrator, decides whether this waiver is enforceable. This waiver does not waive a claim for public injunctive relief that cannot be waived under California law (see Section 14.4(e)). If this waiver is found unenforceable as to a particular claim or request for relief, then that claim or request (and only that one) will be decided in court under Section 14.3, and the court case will be paused until any other claims that are in arbitration are finished. If you opt out of arbitration, this waiver still applies to any court case, as far as the law allows.
14.6 JURY-TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY COURT ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE. This waiver applies to any case that is in court, including a case about a matter that is not sent to arbitration and a case after you opt out of arbitration. If a court finds this waiver unenforceable for a claim, that claim will be tried to a jury and the rest of these Terms stays in force.
14.7 Time limit. To the extent the law allows, a claim must be filed within one year after it arises, or it is barred. This does not shorten any longer period that the law does not allow to be shortened.
15. Changes to These Terms
We may update these Terms. Each version has a version number and an effective date. For any change that affects your rights or duties, we will give you at least 30 days' notice before it takes effect, by email to the address on your Account or by a prominent notice in the Service (we may give shorter notice only where a change is required by law or is needed to deal with a security or legal risk). We will ask you to accept the new version before you can keep using the classroom, and until you accept, your Account stays blocked from the classroom. If you do not agree to a change, you may stop using the Service and contact us; any refund is governed by the Refund Policy and the law. New Terms do not apply to a dispute that began before they were posted. Small fixes, such as correcting a typing error or updating contact details, may take effect when posted without new acceptance. We keep a record of each version and of who accepted it.
16. Privacy
16.1 Our privacy practices are described in our Privacy Policy. If there is a conflict between these Terms and the Privacy Policy about personal information, the Privacy Policy controls for that information.
16.2 What we collect for these Terms. To prove that you accepted these Terms and to enforce them, we keep your name, email, username, the version and hash of the Terms you accepted, the date and time, your IP address, and your browser's user-agent text. We keep these records for as long as we need them to show the contract, resolve disputes, and meet legal duties.
16.3 Notice for California residents (CCPA/CPRA). We collect identifiers (such as name, email, and username), commercial information (your purchases), internet and device activity (such as device identifiers, IP address, and usage of the Service), and your study progress, to provide the Service, process payments, keep the Service secure, enforce these Terms, and meet legal duties. We do not sell personal information, and we do not share it for cross-context behavioral advertising (see Section 6 of the Privacy Policy). California residents may have the right to know, delete, and correct personal information, to opt out of sale or sharing, to limit use of sensitive information, and to not be treated worse for using these rights. To use these rights, see Section 10 of the Privacy Policy or contact us at the address in Section 18.
17. General Terms
17.1 Notices. We may give you notice by email at the address on your Account, by posting in the Service, or by showing it when you log in. You may give us notice at the address in Section 18. You agree to receive notices, receipts, and account messages electronically, and that electronic messages satisfy any legal requirement that a notice be in writing.
17.2 Entire agreement. These Terms, together with the purchase terms shown at checkout, the refund policy, and the Privacy Policy, are the whole agreement between you and us about the Service. Statements by anyone (including in ads, texts, or sales conversations) that are not written in these documents are not part of the agreement.
17.3 If a part does not work. If a court finds a part of these Terms unenforceable, that part will be limited or removed to the smallest extent needed, and the rest stays in effect.
17.4 No waiver. If we do not enforce a right right away, we have not given it up.
17.5 Assignment. You may not transfer your Account or these Terms. We may transfer them as part of a sale or reorganization of the business.
17.6 Events outside our control (force majeure). We are not responsible for delays or failures caused by events outside our reasonable control, such as outages or failures of internet, hosting, software, or payment providers, power failures, cyberattacks, natural disasters, epidemics, labor disputes, or government action. We will try to restore the Service within a reasonable time.
17.7 Language. We provide these Terms in English and in Spanish so you can read them in the language you prefer. If the two versions conflict, the English version controls to the extent California law allows.
17.8 Notice to California users (Cal. Civ. Code § 1789.3). [LEGAL ENTITY NAME] provides the Service. To send us a complaint, email support@ultimatelicenseprep.com or write to [LEGAL ENTITY NAME], [BUSINESS MAILING ADDRESS]. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
17.9 Accessibility. We want the Service to be usable by as many people as possible, including people who use assistive technology. If you have trouble using any part of it, contact us at the address in Section 18 and we will try to offer another way to get the same Content. We cannot promise that every part meets every accessibility standard.
17.10 No partnership. Nothing in these Terms makes you our partner, agent, employee, or joint venturer.
17.11 Rights that cannot be waived. NOTHING IN THESE TERMS LIMITS ANY RIGHT OR REMEDY THAT CANNOT BE WAIVED OR LIMITED UNDER CALIFORNIA OR FEDERAL LAW, including your rights under the Consumers Legal Remedies Act, the Unfair Competition Law, and the California Consumer Privacy Act. If a provision of these Terms would take away such a right, it applies only as far as the law allows. Nothing in these Terms stops you from truthfully reviewing the Service, from complaining to any government agency, or from speaking with a lawyer.
17.12 Survival. Every part of these Terms that by its nature should continue after your access ends continues, including Sections 1.3, 2 through 4, 5.6, 6 through 11, 12.3 and 12.4, and 13 through 18.
17.13 Interpretation. "Including" means "including without limitation." Section headings are for convenience only. These Terms were written by us, but neither you nor we will have them read against the other just because of who wrote them, as far as the law allows.
18. Contact
Questions, copyright notices, privacy requests, and notices under these Terms: support@ultimatelicenseprep.com, or write to [LEGAL ENTITY NAME], [BUSINESS MAILING ADDRESS].