Last Updated: 03/16/2023
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These Terms and Conditions of Use explain the rules you must adhere to while using
pollyprep.com, downloading content, or purchasing any content or service from UofPCOS d.b.a.
PollyPrep.
BY USING THE WEBSITE pollyprep.com, DOWNLOADING CONTENT, OR PURCHASING ANY
CONTENT OR SERVICE FROM UofPCOS d.b.a. PollyPrep, YOU MUST BE 18 YEARS OLD, ABLE TO
CONSENT TO THESE TERMS AND CONDITIONS OF USE, AND AGREE TO THESE TERMS AND
CONDITIONS OF USE. IF YOU ARE UNDER THE AGE OF 18, UNABLE TO CONSENT, OR YOU DO
NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, STOP NOW AND DO NOT USE THIS
WEBSITE OR ITS CONTENT OR SERVICE.
DEFINITIONS:
Within this document:
“Terms” means these Terms and Conditions of Use.
“Website” means pollyprep.com, including all pages, tabs, sub-pages, and sales pages.
“Content” means any item in digital, printed, or physical format provided by UofPCOS d.b.a.
PollyPrep, whether paid or free of charge, including, but not limited to, Website copy, social
media posts, downloads, documents, PDFs, audio or visual resources, eBooks, worksheets,
templates, webinars, videos, blog posts, courses, emails, SMS, or chat messages.
“Service” means any duty or labor performed by UofPCOS d.b.a. PollyPrep whether paid or free
of charge, including, but not limited to, coaching, consulting, auditing or assessment.
“Purchase” means pay money for.
“Product” means Content (as defined above), Service (as defined above), or both, singular and
plural, available for Purchase.
“You”, “Your”, and “Yours” means the Website, Content, or Service user or Product Purchaser.
“We”, “Us”, “Our”, “Ours” means UofPCOS d.b.a. PollyPrep .
By accessing or using the Website, Content, or Service, You acknowledge and accept the
following Terms, without modification. The Terms, together with Our Privacy Policy, governYour use of the Website, Content, or Service. The Terms and Our Privacy Policy create a legally
binding agreement between You and Us.
If You do not agree with any portion of the Terms, You may not access or use the Website,
Content, or Service.
PRIVACY POLICY
To access or use the Website, Content, or Service, You consent to Our Privacy Policy [You may
want to add a link to your privacy policy here], which describes Our data collection practices.
Your agreement to Our Privacy Policy is incorporated into these Terms.
LAWFUL PURPOSES
You may use Our Website, Content, or Service for lawful, legitimate, non-commercial purposes
only. To use the Website, Content, or Service, You agree not to modify, publish, transmit,
reverse engineer, share, transfer, sell, create derivative works, or exploit the Website, Content,
or Service, in whole or in part. You agree to use the Website, Content, or Service solely for Your
individual use and will make no other use of the Website, Content, or Service without Our
express written permission.
INTELLECTUAL PROPERTY
The Website, Content, and Service contain intellectual property We own, including, but not
limited to, text, graphics, photographs, video, audio, and design. We reserve all intellectual
property rights existing in statutory and common law. You must not modify, copy, publish,
transmit, transfer, sell, distribute, share, display, reproduce, create derivative works from,
reverse engineer, alter, nor exploit the Website, Content, or Service, in whole or in part. If You
violate or intend to violate Our intellectual property rights, We will block Your access to the
Website, Content, and Service and may pursue legal action. Any infringement of Our
intellectual property rights will be strictly enforced and the infringer subject to both civil and
criminal penalties.
After You Purchase a Product, We grant You one (1) revocable, limited, personal, non-exclusive
license to use the Product for non-commercial purposes, without any right to re-license,
sublicense, distribute, assign, or transfer license. You have no right to modify, copy, publish,
transmit, transfer, sell, distribute, share, display, reproduce, create derivative works from,
reverse engineer, alter, nor exploit the Product. You may use the Product solely for Your
individual use and will make no other use of the Product without Our express written
permission. We reserve the right to immediately terminate Your Product access if We suspect
any prohibited use of the Product.
We may make some of Our Content or Service available to users free of charge, in exchange for
an email address (“Free Content”). We grant You one (1) revocable, limited, personal, non-exclusive license to use the Free Content for non-commercial purposes, without any right to re-
license, sublicense, distribute, assign, or transfer license. You have no right to modify, copy,
publish, transmit, transfer, sell, distribute, share, display, reproduce, create derivative works
from, reverse engineer, alter, nor exploit the Free Content.
Our name, logo, slogan, and all related names, logos, product and service names, designs, and
slogans are Our trademarks or those of Our affiliates or licensors. You must not use these
trademarks without Our prior written permission.
ORDER ACCEPTANCE
You agree that Your order is an offer to Purchase all Product contained in Your cart. We are not
obligated to sell You any Product unless and until We accept Your order. We may choose not to
accept any order. After receiving Your order, We will send You a confirmation email with Your
order number and Product details, which serves as Our acceptance of Your order (“Order
Confirmation”). Acceptance of Your order and the formation of the contract of sale between
Us and You will not take place unless and until You receive Your Order Confirmation.
PRICE AND PAYMENT TERMS
All Product prices on Our Website are subject to change without advance notice. Product
prices at the time You place the order will be included in the Order Confirmation. Posted prices
do not include applicable taxes. Any applicable taxes will be applied to the total amount due
and will be itemized and displayed when You add Product to Your shopping cart and in Your
Order Confirmation. If an order contains Product with an erroneous price caused by a
typographical or other error, We reserve the right to cancel the order.
We use third-party processors to process payments. Each third-party payment processor
accepts payments through various credit cards, as detailed on the applicable payment screen.
You must provide current, complete, and accurate information to Purchase Product. If Your
payment information is canceled (e.g. for loss, theft, or unauthorized disclosure of account
information), or You become aware of any potential breach of security, promptly notify Us.
DIGITAL PRODUCT USAGE
You gain access to Product through streaming and digital download delivered to the email
address You provide. You have access to the streaming content through the lifetime of your
membership.
FEES AND PAYMENT PROCESSING
In consideration for access to Our Product, You agree to remit payment to Us as indicated in the
online shopping cart. If any payment methods are declined by the online payment processor,
You must provide a new eligible payment method to access the Product. If Your paymentmethod is declined after You access the Product, We reserve the right to collect all outstanding
receivables.
REFUNDS
Because Our Product consists primarily of digital downloads and streaming content, We are
unable to accept returns and all sales are final.
PERSONAL INFORMATION
To Purchase Product, You must provide Your personal information including Your name, email
address, and mailing and billing address. To access Free Content, You must provide Your
personal information including Your name and email address. You are responsible for the
accuracy of Your personal information, maintaining the safety and security of Your personal
information, and updating Us regarding any changes to Your personal information. You
authorize Us to use Your personal information for all lawful purposes and agree that any
information You provide is accurate, complete, and up to date. Providing false or inaccurate
information or using Product or Free Content for unlawful activity is grounds for termination of
Product or Free Content use and applicable civil and criminal penalties. We agree to keep Your
personal information secure and confidential.
For more information about how We use Your personal information, please read Our Privacy
Policy here. [You may want to add a link to your privacy policy in the word “here”.]
ACCOUNT CREATION AND SECURITY
For security purposes, You may be required to use a username/password on the Website. You
must treat the username/password as confidential and not disclose it to another person or
entity. You agree to notify Us immediately of any unauthorized access of Your
username/password. We recommend that You exit from Your account at the end of each
session and use caution when accessing Your account from a public or shared computer.
We reserve the right to disable any username/password at any time at Our sole discretion.
REFUSAL OF SERVICE
We reserve the right to refuse to sell Our Product to any person or entity for any reason,
without explanation, at Our discretion. No order is deemed accepted by Us until payment is
processed.
CHANGES TO TERMS
We reserve the right to revise these Terms at any time and may provide You with notice of any
material changes by means reasonably designed to inform You of the changes, such ascommunicating via email. The last revision date will be indicated by the “last updated’ date at
the top of this page. Your continued use of Our Website, Content, or Service after notice of a
change to these Terms demonstrates that You agree to be bound by the changes.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, We provide the Website, Content, and Service “AS
IS”, without any warranties, representations, or guarantees. We do not warrant that the
information We provide via the Website, Content, or Service is accurate, complete, reliable, or
current.
Due to the nature of the Internet and electronic communication, We do not warrant that the
Website, Content, or Service will be continually available, uninterrupted, or without delay. We
disclaim liability if any part of the Website, Content, or Service is unavailable for any reason.
We may restrict access to any part of the Website, Content, or Service at Our discretion.
We do not warrant that the Website, Content, Service, or any data for which We are
responsible, does not contain viruses or malicious code.
We do not warrant that the Website, Content, or Service will be error free. We disclaim all
liability for any error, inaccuracy, or incompleteness within the Website, Content, or Service.
You accept that any information contained within the Website, Content, or Service may contain
errors or omissions and agree to conduct Your own due diligence to verify the accuracy of the
information prior to relying on the information.
We do not warrant that Product prices are error free. We disclaim all liability for any error,
inaccuracy, or incompleteness in Product prices. We reserve the right to refuse or cancel any
order for any Product with an incorrect price listing.
We provide no warranty as to the function or use of the Website, Content, or Service, whether
express, implied, or statutory, including, but not limited to, warranties of merchantability,
fitness for a particular purpose, or non-infringement. We do not warrant that the Website,
Content, or Service will meet Your individual requirements.
FOR EDUCATIONAL/INFORMATIONAL PURPOSES ONLY
The Website, Content, and Service provide general information for educational purposes only.
Use of the Website, Content, or Service must not be used as a replacement for competent
advice from a licensed professional.
NOT PROFESSIONAL ADVICE
The information contained within the Website, Content, or Service may not be suitable for
every situation. While the information contained within the Website, Content, or Service maybe provided by a professional, the information is not a substitute for advice from a professional
that is tailored to Your individual facts and circumstances. We expressly recommend that You
seek competent advice from a licensed professional and not rely exclusively on information
contained within the Website, Content, or Service.
You agree that We will not be held liable or responsible for any damages resulting from Your
failure to seek competent advice from a professional familiar with Your unique set of
circumstances.
The Website, Content, and Service provide general information for educational purposes only
and must not be understood or construed as medical advice, diagnosis, or treatment. Always
consult a certified or licensed health care professional on any health-related matter before
relying on the general information provided by Our Website, Content, or Service. The
information contained within Our Website, Content, or Service is not intended to replace
medical advice from a licensed or certified health care professional. While we may provide
trainings or articles on exercise, health, or diet, taught by or written by health professionals, the
information contained within Our Website, Content, or Service is not a substitute for medical
advice from a licensed or certified health care professional, tailored to Your individual ailment,
concern, or situation. Reliance on any information We provide within Our Website, Content, or
Service is solely at Your own risk.
No information shared within Our Website, Content, or Service should be understood as a
recommendation that You should not consult with a licensed or certified health care
professional to address Your individual ailment, concern, or specific situation. You agree that
We will not be held liable or responsible for any damage resulting from Your failure to seek
medical or health care advice from a competent licensed or certified health care professional
familiar with Your individual ailment, concern, or situation.
NO PROFESSIONAL/CLIENT RELATIONSHIP
You agree that Your use of the Website, Content, or Service, including implementations of any
information or suggestions offered therein, does not create a professional/client relationship
between Us and You.
DUE DILIGENCE/PERSONAL RESPONSIBILITY
By using the Website, Content, or Service, You accept personal responsibility for the results of
Your actions. You agree to hold Us harmless for any damages resulting from Your use of the
Website, Content, or Service or any information contained therein. You agree to use sound
judgment and conduct due diligence before undertaking any action based on any information
from the Website, Content, or Service.
NO GUARANTEES/TESTIMONIALSThe Website, Content, and Service provide education and information, but do not guarantee
success in life, business, or otherwise. We do not offer any results-based guarantees related to
Your use of the Website, Content, or Service.
The Website or Content may display testimonials from clients and customers who used Our
Content or Service. The testimonials are truthful statements about results obtained by these
clients and customers, but may be atypical.
Within the Website or Content, We may describe the success of one of Our existing or prior
clients/customers in a “success story”. Any published “success story” is based on accurate
information, but does not guarantee that You will achieve similar results.
You recognize and agree that prior results do not guarantee a similar outcome, as
circumstances beyond Our control contribute to one’s success. Applying the information from
the Website, Content, or Service does not guarantee that You will achieve similar results. You
are required to conduct Your own due diligence and You should not rely on a testimonial or
“success story” as a guarantee of Your success. We disclaim liability for Your reliance on
reviews, testimonials, or success stories.
With Your consent, If You post a review of Our Product, You authorize Us to use and share the
review and promote it on any platform and in any media, and to make reasonable
modifications or edits to the review. We may use Your review as a testimonial, sharing Your
personal information (such as Your first name and last initial, business name, or photo) to
publicize Our Product or for any other lawful purpose. We will obtain Your consent in advance
to ensure We have permission to post Your testimonial publicly. To request removal of Your
personal information from any testimonial, please email Us at polly@pollyprep.com, with
“TESTIMONAL REMOVAL” as the subject heading.
LIMITATION OF LIABILITY
You agree that We will not be liable to You for any loss, injury, claim, liability, or damage of any
kind, including direct, indirect, incidental, consequential, special, punitive, exemplary, or any
other damages arising out of Your use of the Website, Content, or Service. For example, by
using the Website, Content, or Service, You agree that We are not liable for damages in
connection with:
i. Failure of performance, including without limitation, error, omission, denial of service,
interruption, deletion, defect, delay in operation or transmission, computer virus, loss of
connectivity, or system failure;
ii. Your loss of revenue, including without limitation, anticipated profits, lost clients,
banking funds, goodwill, or data;
iii. Third party use of Your information, including without limitation, theft, destruction,
unauthorized access, or alteration.Our liability is limited to the fullest extent permitted by law. In jurisdictions that do not allow
exclusion of liability, Our total liability to You will never exceed the total purchase price of any
Product You purchased from Us.
SECURITY
We endeavor to keep Your personal information, including password, secure. Notwithstanding,
You assume all responsibility arising from Your use the Website, Content, or Service, including
unauthorized access or alteration of Your personal information. Any information You transmit
is at Your own risk and We will not be liable for any damage to Your computer system arising
from Your use of the Website, Content, Service or any outbound hyperlinks.
EXTERNAL LINKS TO THIRD-PARTY RESOURCES
The Website or Content may contain links to third-party websites and resources that We do not
control or maintain. Links to third-party websites or resources do not imply an endorsement by
or an affiliation with Us. You acknowledge and agree that We are not responsible or liable for
the availability, accuracy, content, or policies of third-party websites or resources. You assume
all risk arising from Your use of any third-party websites and resources.
We may provide information from a third party in the form of a guest post or interview, in
written, audio, video, or other medium. We do not control the information provided by these
third parties, and We do not guarantee the truth, reliability, or veracity of the information. We
disclaim liability for any information provided by a third party.
AFFILIATE LINKS
We may include affiliate links in Our Website or Content that may earn Us a commission if You
click on or make a purchase from the link. We do not include affiliate links exclusively to
receive a commission, instead include them as a useful resource for You. We will inform You of
the existence of any affiliate link.
It is Your personal responsibility to investigate whether any affiliate offers are suitable for You.
We disclaim liability for any damages resulting from clicking or making purchases through any
affiliate link.
ENDORSEMENTS
We may refer to other additional resources in Our Website, Content, or Service, such as
products, services, coaches, consultants, or experts (“Additional Resources”), however the
referral is not an endorsement or confirmation of the information’s accuracy. We provide the
referral as a potential resource only. It is Your personal responsibility to investigate whether
Additional Resources are suitable for You. We disclaim liability for any damages resulting from
Your use of the Additional Resources.INDEMNIFICATION
You will indemnify and hold Us harmless from and against any third-party claims or demands of
liability, loss, or expenses arising out of Your use of the Website, Content, or Service including,
but not limited to, consequential, incidental, indirect, special, punitive, or exemplary damages
under tort, contract, negligence, strict liability, or any other cause of action, regardless of
foreseeability. You will provide Us with any assistance We request, without charge, in
connection with any defense including, without limitation, information, documents, records,
and reasonable access to You, if necessary to resolve any third-party damage claim or demand.
You agree to not settle any third-party claim or waive any defense without Our prior written
consent.
NO THIRD-PARTY BENEFICIARIES
Nothing in these Terms confer any rights or remedies to any third party.
JURISDICTION
Any action arising from or related to these Terms or the use of the Website, Content, or Service
must be brought in a federal court having jurisdiction over or a state court located in Albany
County, New York.
CHOICE OF LAW
The laws of the state of New York govern these Terms.
EFFECT OF HEADINGS
The subject headings of the paragraphs of these Terms are included for convenience only and
do not alter or affect the interpretation of these Terms.
SEVERABILITY
If any provision contained in these Terms is held by any court or tribunal as invalid, illegal, or
otherwise unenforceable, every other provision will remain in full force and effect.
ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, constitute the entire understanding between Us
and You, as it pertains to Your Product Purchase or use of the Website, Content, or Service,
supersedes all prior agreements, and may not be modified or amended unless by a writing
signed by both parties.
WAIVERIf We waive any term or provision of these Terms, at any time, that waiver is effective only for
the specific purpose for which the waiver was given. If We fail to exercise or delay exercising
any of Our rights or remedies under these Terms, We retain the right to enforce the right or
remedy at a later time.
PROMOTIONS AND DISCOUNTS
At Our discretion, We may offer Product promotions or discounts, subject to exclusions or
restrictions. Only valid offer codes We provide will be honored at checkout. Codes supplied by
unauthorized parties will not be valid. Each valid offer code is non-transferable and single use.
Offer codes may not be combined, and You are limited to one single offer code per order. We
are not responsible for lost, stolen, or corrupted codes or any unauthorized use of codes. We
are not responsible for pricing errors in offers, typographical or otherwise, and reserve the right
to cancel any orders arising from any error. Offer codes are not redeemable for cash or cash
equivalent. The dollar value of any offer code will not be refunded or credited back if any
refund is issued. Expiration dates may apply to each offer code. Offer codes are void if copied,
sold, transferred, exchanged, expired, or where prohibited.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by Us. If You do not see a usage
scenario that applies to Your intended usage, contact Us at polly@pollyprep.com
CONTACT INFORMATION
The owner of this Website is UofPCOS d.b.a. PollyPrep . You can contact Us by email at
polly@pollyprep.com
or by mail at: 1434 Western Ave, Suite 1 #5454 Albany, NY 12203