My Academic Approach Terms of Service

Last Updated: December 2, 2024

These My Academic Approach Terms of Service ("Terms") govern your access to and use of the online My Academic Approach services made available to you by Academic Approach, LLC (together with its affiliates, "Company," "we," "us," or "our"). That website, related mobile apps and other software, their respective services and content, all related materials, and all underlying technology are referred to, together, as the "Service."

By accessing or using the Service, you agree on behalf of yourself and any organization or company that you represent (together, "you") that you have read and understand these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, do not access or use the Service.

If you are under the age of 18, you must review these Terms and our Privacy Policy with your parent or legal guardian to make sure that you and your parent or legal guardian understand and accept these Terms.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Service and, by accessing or using the Service after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Service or otherwise communicated to you.

  1. Privacy Policy. We may collect certain information about you and from your use of the Service as described in our Privacy Policy, which is incorporated into these Terms. Your use of the Service constitutes your consent to the information collection, use, and sharing described in our Privacy Policy.

  2. Access; License. The Service is intended to be used only for educational purposes. Commercial use, resale, and noneducational use of the Service are prohibited. The Service is available only to (a) educators and faculty members whose institutions have entered into an agreement with Company for Company's test preparation, tutoring, and related services ("Services Agreement") and (b) students, whether students of such institutions or students who have themselves, or whose parents or legal guardians have, entered into an agreement with Company for tutoring services. Provided you comply with these Terms and, for educators and faculty member users, the applicable Services Agreement, (y) Company grants to educator and faculty member users a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to access and use the Service solely for their own internal purposes and (z) Company grants to student users (and their parents or legal guardians, as applicable) a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to access and use the Service solely for their own personal educational purposes, in each case, as permitted by these Terms and, where applicable, the Services Agreement.

    Service content that is configured for downloading (such as assessments, test materials, and reports) may be downloaded and printed by users solely for their own personal noncommercial use in connection with their use of the Service, provided that the user does not modify the content; sell or otherwise commercialize the content; remove, alter, or modify any copyright, trademark, trade name, service mark, or other proprietary notices in or on the content; nor use the content in a way that suggests an association with us or any of our products or services. For the avoidance of doubt, all such assessments, test materials, reports, and content are included within the meaning of "Service" as used in these Terms.

  3. Age Requirement. You represent and warrant that, if you are under 18 years of age, you have reviewed this Agreement with your parent or legal guardian. You further represent and warrant that, if you are under 13 years of age, you have the consent of your parent or legal guardian to provide information to us and to use the Service. Children under 13 years of age are prohibited from creating Service accounts or signing up for the Service.

  4. Intellectual Property Rights. The Service, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content is exclusively the property of Company or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Company or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Service may contain references to thirdparty marks and copies of third-party copyrighted materials, which are the property of their respective owners.

    Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by Company to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Company and all such rights are reserved and retained by Company.

    Copyright © 2015-2024 Academic Approach, LLC. All rights reserved.

  5. Compliance with Laws.

    In connection with your access to and use of the Service, you are responsible for complying with, and you represent and warrant that you will comply with, all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.

  6. Restrictions on Your Use of the Service.

    • You will not access or use the Services for purposes other than as expressly permitted by these Terms

    • You will not copy, download, distribute, display, duplicate, sell, send, perform, reproduce, publish, disclose, post, license, rent, reconfigure, reverse-engineer, disassemble, decompile, create derivative works of, discover the underlying ideas behind, discover the source code of, combine with other computer code or materials, translate, adapt, update, or modify the Service or any part thereof, except that you may download and print Service content that is configured for downloading as specifically described above in these Terms.

    • You will not use the Service for unlawful purposes.

    • You will not obscure, remove, or alter any proprietary markings, designations, or notices in or on the Services.

    • You warrant that all information you provide to us in connection with your access to and use of the Service is true, accurate, and complete to the best of your knowledge and belief.

    • You will not submit, upload, or otherwise provide any information consisting of any of the following through or using the Service: information that is defamatory, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the legal rights of third parties.

    • You will not access, use, or copy any portion of the Service, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

    • You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Service for purposes of creating or compiling that content for any purpose other than your authorized use of the Service as permitted by these Terms.

    • You will not use the Service to develop, create, re-create, produce, add to, or enhance a different product or service. You will not access, use, or analyze the Service for any purpose that is to Company's detriment or commercial disadvantage.

    • You will not impersonate or attempt to impersonate another user or person.

    • You will not collect usernames, email addresses, or contact information of or for other Service users or students by electronic or any other means for purposes of sending unsolicited emails or other communications.

    • You will not post or send unsolicited messages, chain letters, spam, or junk mail.

    • You will not use the Service to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Service or any computers, hardware, software, system, data, or networks.

    • You will not engage in activities that aim to render the Service or associated services inoperable or to make their use more difficult.

    • You will not harass, annoy, intimidate, or threaten any Company employees, contractors, agents, or representatives engaged in providing the Service.

  7. Your Account. You will be required to set up an online Company account in order to access and use the Service. You will be required to submit certain information in order to set up your account and will be required to establish a password. You are responsible for maintaining the confidentiality of any information you use in connection with the Service, including your username and password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately at support@academicapproach.com. Additionally, you must notify us immediately if you are contacted by anyone requesting your username or password.

    Educator and faculty member user accounts will be accessible by the user, the user's institution, and Company, and educator and faculty member users may choose to share certain content with other Service users at their institution as further described below.

    You warrant that all information you provide to us in connection with your access to and use of the Service is true, accurate, and complete to the best of your knowledge and belief. If you submit the personal information of any person other than yourself in using the Service, you warrant that you have that person's permission to provide us with that information. You will not transfer your Company account to or share your Company account with any other person. Your Company account is personal to you.

  8. Account Suspension, Deactivation, and Termination. These Terms begin upon your first access to or use of the Service and will continue in effect until termination in accordance with these Terms. Company may, for any reason and in its sole discretion, suspend, deactivate, or terminate your Company account or your use of the Service, and may terminate these Terms, without notice or liability, including if you breach these Terms or the applicable Services Agreement, upon any unauthorized use of your username or password, if you act in an abusive manner, or if you act in a manner inconsistent with applicable laws or regulations. Additionally, these Terms will automatically terminate upon any expiration or other termination of the applicable Services Agreement. You understand that any User-Generated Content (as defined below) you have provided may remain in our back-up systems and may continue to be accessible by other Service users at your institution. Upon any termination of your account, these Terms, or the Services Agreement, you must immediately stop accessing and using the Service.

  9. Additional Terms. Your access to or use of certain features or components of the Services may be subject to additional terms, conditions, rules, or policies, including, as applicable, end user license agreements for the Services' mobile apps (together, "Additional Terms"). All applicable Additional Terms are incorporated by reference into these Terms.

  10. Service Availability; Changes to the Service. Any features, materials, products, or services made available through the Service are subject to availability. Company may change the Service and the features, materials, products, and services made available through the Service at any time without notice or liability.

  11. User-Generated Content.

    1. The Service may allow you to create, post, transmit, upload, publish, distribute, broadcast, submit, and otherwise provide comments, data, text, images, video, audio, and other content and material via the Service, including by sharing assessments, reports, and similar content with other Service users at your institution, and to respond to content provided by other users (together, "User-Generated Content"). UserGenerated Content is neither generated nor controlled by Company. To the maximum extent permitted by applicable law, Company is not responsible for any User-Generated Content. You are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof.

    2. By providing User-Generated Content you warrant that you are the creator or owner of that User-Generated Content or that you otherwise have the rights, permissions, and consents necessary to provide that User-Generated Content to us and to allow us to use that User-Generated Content as permitted by these Terms and that any User-Generated Content you provide will not cause Company to violate any law or regulation. You retain any copyright or other intellectual property right you may have in or to User-Generated Content that you provide, subject to the license granted to Company below.

    3. Please keep in mind that any User-Generated Content that you provide may be available to other users of the Service as described above. You must maintain a polite, pleasant, and respectful environment. User-Generated Content that harasses, abuses, stalks, threatens, or otherwise violates the legal rights of others is prohibited.

    4. User-Generated Content may not be monitored. Company reserves the right, but does not have the obligation, to, at any time and for any reason, review, prescreen, edit, redact, otherwise modify, reorganize, and recategorize User-Generated Content. Company also reserves the right, but does not have the obligation, to, at any time and for any reason, delete User-Generated Content from the Service. Company has no obligation to archive or otherwise store any User-Generated Content. Company reserves the right to impose limits on Service features (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of the Service at any time for any reason, including breach of these Terms.

    5. . If you delete or replace User-Generated Content that you have provided (where those options are available), you understand that it may remain in our back-up systems for a period of time and that Service users with whom you have shared or who have otherwise accessed that User-Generated Content may continue to have access to and use it.

    6. If you provide User-Generated Content, you grant Company a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide license to copy, reproduce, implement, modify, adapt, reformat, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, sell, exploit, and otherwise use and distribute (in all media and distribution methods now known or later developed) that User-Generated Content for any purpose, including to develop and market products and services. You understand that this license allows us to use User-Generated Content to develop and market products and services with no compensation paid to you. You understand that this license allows us to make User-Generated Content available to other persons and entities through the Service. You understand that we may modify User-Generated Content that you provide. For more information on how we use and share User-Generated Content, please review our Privacy Policy. Notwithstanding the foregoing, we will use and disclose information that reasonably identifies a student or other natural person only to the extent permitted by applicable law.

    7. If you believe that anything on the Service infringes any copyright that you own or control, please follow the process described below. If you believe that anything on the Service violates a law or regulation or breaches any provision of these Terms, please notify us at operations@academicapproach.com.

  12. Copyright Policy. We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), located at 17 U.S.C. § 512, and other applicable laws (to the extent the DMCA and such other laws apply), we strive to expeditiously remove any infringing material from the Service if we become aware of the same. It is our policy, in appropriate circumstances, to terminate the accounts or Service access of users who are repeat infringers charged with infringement. If you believe that anything on the Service infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:

    • A description of the copyrighted work(s) that you claim have been infringed;

    • A description of the allegedly infringing material, including its location on the Service;

    • 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;

    • Your email address, telephone number, and mailing address;

    • 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 are authorized to act on the copyright owner's behalf; and

    • An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

      • Your notice must meet the then-current requirements implemented by the DMCA. Contact information for our designated agent for notice of claims of copyright infringement is:

      Bradley Kessler 342 W. Armitage Ave, Chicago, IL 60614 773.348.8914 Brad.kessler@academicapproach.com

  13. NO WARRANTY. THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND. COMPANY DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICE, NOR DOES COMPANY WARRANT OR GUARANTEE THAT ANY DATA, INFORMATION, OR MATERIAL ON THE SERVICE IS ACCURATE OR RELIABLE. COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. COMPANY IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICE.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. COMPANY HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.

    WE DO NOT WARRANT OR ENDORSE ANY USER-GENERATED CONTENT. ALL USERGENERATED CONTENT IS SOLELY THE RESPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.

    YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF TELECOMMUNICATIONS, THE INTERNET, WIRELESS NETWORKS, AND ELECTRONIC COMMUNICATIONS. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, INACCURACIES, DELIVERY FAILURES, OR OTHER FAILURES OR DAMAGE RESULTING FROM THOSE PROBLEMS OR ANY OTHER PROBLEMS OUTSIDE OF COMPANY'S REASONABLE AND DIRECT CONTROL, INCLUDING WITHOUT LIMITATION TELECOMMUNICATIONS SERVICES, THE INTERNET, YOUR WIRELESS NETWORKS, AND ANY THIRD-PARTY SOFTWARE.

    WE MAKE NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SERVICE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.

    YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICE, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.

    NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR IN ANY MANNER FROM THE SERVICE CREATES ANY WARRANTY.

  14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS, OR ASSIGNS (TOGETHER, "COMPANY PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE (INCLUDING WITHOUT LIMITATION THE INPUT AND COLLECTION OF PERSONAL AND OTHER INFORMATION INTO OR USING THE SERVICE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A COMPANY PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICE.

    WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL COMPANY PARTIES' LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  15. Indemnification. You will indemnify, defend, and hold harmless Company Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys' fees) that arise out of or in connection with your access to or use of the Service, your misuse of or reliance on any material, data, or other information downloaded or otherwise obtained from or accessed using the Service, your submission of information (including personal information), documents, or materials through or using the Service, your violation of or noncompliance with applicable laws or regulations, your breach of these Terms or any related agreement, or your negligence, willful misconduct, or fraud. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

  16. Third-Party Websites and Services. The Service may link to, or be linked to, websites and services not maintained or controlled by Company. Those links are provided as a convenience and Company is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or services or any products or services made available through those websites or services. Please take care when leaving the Service to visit a third-party website or service. You should read the terms of use and privacy policy for each website and service that you use.

  17. Force Majeure. Company will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond Company's control, including without limitation acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, telecommunications failures, Internet failures, and similar causes and events.

  18. Audit. Company and its designated representatives may, at their expense, audit, examine, and make copies of data, documents, information, and other records in your possession or control that relate to or concern the Service in order to determine your compliance with these Terms.

  19. Feedback. Company welcomes comments regarding the Service. If you submit comments or feedback to us regarding the Service, they will not be considered or treated as confidential. Excluding any components consisting of personal information, we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

  20. Governing Law; Disputes. These Terms are governed by the laws of the state of Illinois, without regard for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Cook County, Illinois, with respect to any dispute arising under these Terms unless otherwise determined by Company in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. The United Nations Convention for the International Sale of Goods does not apply. If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys' fees. You will not bring any action or other claim with respect to the Service more than one year after the claim arises.

  21. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You will not assign these Terms, in whole or in part, without our prior written consent. Any attempted assignment by you without our consent will be void. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties' respective successors and assigns.

  22. Entire Agreement; Interpretation. These Terms, including our Privacy Policy and any applicable Additional Terms, together with the Services Agreement, are the entire agreement between you and Company with respect to your access to and use of the Service. Company's failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Company.

    If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of Company's successors and assigns.

    Company is an independent contractor. These Terms do not create any agency, partnership, joint venture relationship, other form of joint enterprise, employment, or fiduciary relationship between the parties, their affiliates, or their respective employees, contractors, or agents.

  23. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Service.

  24. Notices. All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email. Please print or otherwise save a copy of these Terms and all notices, consents, and other communications for your reference.

  25. Contact Us. Please direct any questions and concerns regarding these Terms or the Service to us by email at support@academicapproach.com, by telephone at 773-348-8914, or by mail at Academic Approach, LLC, 342 West Armitage Avenue, Chicago, IL 60614.