Terms of Use

Welcome to 99point9 Inc. Please read these Terms of Service ("TOS") and the 99point9 Privacy Policy and Honor Code (the “Agreements”) prior to registering for our services or using any portion of the 99point9 website (the "Site," which consists of all content and pages located within the 99point9.ca and 99point9prep.com web domains), including accessing any course material, or other services. In the event that that you registered for our services prior to the publication of these agreements, further use of 99point9 services require that you adhere to them nevertheless. These TOS, the Privacy Policy and the Honor Code are agreements between you and 99point9. By using the Site, and/or other services you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. If you do not understand or do not wish to be bound by the terms of the Agreements, you should not use the Site.

99point9 reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.

DESCRIPTION OF 99point9

99point9 offers online and in-class courses, opportunities, and services including specific areas of studies, on particular standardized-tests, and for admissions coaching (each referred to as a “Course”). 99point9 reserves the right to cancel, interrupt, or reschedule any course or modify its content as well as change course start dates whether online or in-person. Courses offered are subject to the Agreements, including without limitation the Warranty Disclaimer and Limitation of Liability sections below.

Although 99point9 may offer courses to aid you in any form of admissions, you agree and acknowledge that nothing in these Terms of Use or otherwise with respect to your access or use of the Site or any Course whether online or in-person: (a) guarantees admission to any school regardless of master of course material (b) entitles you to access or use the resources or receive any benefits or privileges of any of the foregoing entities beyond the Course (c) entitles you to a refund of any kind regardless of whether you took the course, came to class, received any help, or were given any course help at all.

99point9 may offer additional future courses or services, based on the successful mastery of the a specific course. The decision to award any such bonus services to a given participant will be solely within the discretion of 99point9. 99point9 may choose not to offer any bonus services, or revoke services even after a student has been promised such services; you, the student, agrees and acknowledges that such an outcome is possible, and that 99point9 has the right to refuse, without any consequences, any bonus services. In addition, 99point9 may decide in its sole discretion whether to provide a record concerning a student’s performance in a course. The format of any service, or help, and of any record of performance, provided by 99point9 relating to courses will be determined by 99point9 in its sole discretion and may vary from course to course

RULES FOR ONLINE and IN-CLASS CONDUCT

You agree that you are responsible for your own use of the Site and for your User Postings. "User Postings" include any and all content, in whatever format, submitted, posted, contributed, published or distributed on the Site by a user, including but not limited to all notes, questions, answers, comments, text, pictures, videos and file uploads. In some courses, the user may contribute or participate by speaking or appearing on camera, and User Content may include transmissions or recordings of a user’s voice and/or image. You agree that you will use the Site in compliance with the Agreements and all applicable local, state, national and international laws, rules and regulations, including privacy and copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all Canada export control laws.

 

As a condition of your use of the 99point9 services, you will not use the Site in any manner intended to damage, disable, overburden or impair any 99point9 server or the network(s) connected to any 99point9 server or to interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any 99point9 server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers or associated computers through any means not intentionally made available through the Site.

Moreover, unless specified otherwise, 99point9 does not provide one-on-one tutoring; if you choose to attend the course, you agree that you it is your responsibility to learn, understand, memorize, be able to recall given course content, and follow your instructors' directions. If you are unable to do so, 99point9 reserves the right to either disenrol you from the course or revoke your score guarantee or both. 

In addition, you also recognize that your questions and concerns will be addressed under the following circumstances: 1) They are asked during course-times, i.e. when the course is running.; 2) Your questions are relevant to the course; 3) Your questions do not hinder your progress - if you're given a course plan or a certain deadline, and your questions are either off-topic or prevent you from completing the task.

THE FOLLOWING LIST OF ITEMS IS STRICTLY PROHIBITED ON THE SITE:

  1. Content that defames, harasses or threatens others;
  2. Content that discusses illegal activities with the intent to commit them;
  3. Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
  4. Content that you do not have a right to disclose;
  5. Profane, pornographic, obscene, indecent or unlawful content;
  6. Advertising or any form of commercial solicitation;
  7. Content related to partisan political activities;
  8. Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another's computer or property;
  9. Content that contains intentionally inaccurate information or that is posted with the intent of misleading others;
  10. copy or use any portion of the Site other than as expressly allowed under the Agreements;
  11. use any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts);
  12. frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; or
  13. force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Site.

Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to a list or directory of users on the system, on-line textbooks, User Postings or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).

If you participate in any Course, you agree to complete all work, including any assignments assigned to you by your instructor, associated with each Course in which you may be enrolled with your own, original work and only your own, original work, and you agree not to engage in any activity that would dishonestly improve your results, or improve or hurt the results of others. In addition, unless otherwise stated in the respective Course, you agree that any exams, quizzes or questions provided in connection with each Course are licensed for your individual use only.  Copying, capturing, transmitting or providing the exams, quizzes or questions to any other person infringes 99point9 Inc.’s rights and is strictly prohibited. The penalties for infringement are quite severe, and 99point9 Inc. reserves the right to pursue them against you if you violate this Agreement. 

 

USER ACCOUNTS AND AUTHORITY

In order to participate fully in Site activities, you must provide your name, an email address and a user password in order to create a user account ("User Account"); you must then register for a personal account on the Site by providing any additional information required herein or on the Site. You agree that you will never divulge or share access or access information for your User Account with any third party for any reason. In setting up your User Account, you may be prompted to enter additional optional information (e.g., your address). You warrant that all such information provided by you is accurate, current, complete, and complies with your obligations under the Agreements. You agree that you will create, use, and/or access only one User Account, and that you will not access the Site using any User Account other than your own.
You also agree to maintain and update such information to keep it accurate, current and complete. You acknowledge that if any such information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site and your Course.

We care about the confidentiality and security of your personal information. Please see our Privacy Policy for more information about what information about you 99point9  collects and how 99point9 uses that information.

YOUR RIGHT TO USE CONTENT ON THE SITE

Unless indicated as being in the public domain, the content on the Site is protected by Canada and foreign copyright laws. Unless otherwise expressly stated on the Site, the texts, exams, video, images and other instructional materials provided with the courses offered on this Site are for your personal use in connection with those courses only.

Certain reference documents, digital textbooks, articles and other information on the Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using this Site you agree to abide by all such rules and conditions.

You agree to retain all copyright and other notices on any content you obtain from the Site. All rights in the Site and its content, if not expressly granted, are reserved.

USER POSTINGS

User Postings Representations and Warranties.

By submitting or distributing your User Postings, you affirm, represent and warrant (1) that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the User Postings and to authorize 99point9 and its users to reproduce, modify, publish and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not 99point9, are solely responsible for your User Postings and the consequences of posting or publishing them.

License Grant to 99point9.

By submitting or distributing your User Postings, you hereby grant to 99point9 a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).


You may obtain and use 99point9 Content and Course materials only for your own personal, non-commercial use in connection with browsing the Site or participating in Courses. You may only copy and modify 99point9 Content as necessary for your own personal, noncommercial use. You may not transfer, retransmit, distribute, publish, commercially exploit or create derivative works of 99point9 Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Site or the Programs. You may also not reproduce or help reproduce directly or indirectly any of the Site components such as the Site, web applications, online portals, mobile applications, in any forms including but not limited to your website, another tutoring or education based company. You may also not directly or indirectly aid, copy, reproduce, any of the Site features, where indirectly refers to but is not limited to giving someone the idea of how the features work or giving someone access to see how the Site features work.

"99point9 Content" means all content or other material, in whole or in part, available on the Site or through the Programs, including but not limited to lectures, speeches, discussions, comments, video lessons, quizzes, tests, presentation materials, homework assignments, Couses, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files. All 99point9 Content is the property of 99point9 and/or its affiliates or licensors and is protected by copyright, patent and/or other proprietary intellectual property rights under Canada and foreign law.

99point9 logos, trademarks and service marks that may appear on the Site ("Marks") are the property of 99point9 and are protected under 99point9 and foreign laws. All other trademarks, service marks and logos used on the Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.

99point9 and/or its affiliates and licensors reserve all rights not expressly granted herein to the Site, Courses, 99point9 Content, and Marks.

License Grant to 99point9 Users.

By submitting or distributing your User Postings, you hereby grant to each user of the Site a non-exclusive license to access and use your User Postings in connection with their use of the Site for their own personal purposes.

Registration and Payment.

Subject to the foregoing, you may be required to pay a fee to receive an ID Verified Certificate of Achievement (a “Verified Certificate”) with respect to certain courses on the Site, in which case, the following processes and requirements shall apply:

  • As part of your registration, you may be prompted to submit a photo of yourself, along with one other form of photo identification (“photo ID”). Although these items are collected by 99point9 in accordance with these TOS and the 99point9 Privacy Policy, you should be aware that the actual authentication of your identify is performed by an 99point9 third party service provider. Please refer to the Privacy Policy for additional details on how we handle those items once received by us.
  • In addition, the processing of your payment information is done by an 99point9 third party vendor, and you will be re-routed to a secure website to complete the payment transaction. The privacy statement posted at the payment landing page operated by such third party vendor will govern the submission and processing of your payment details. Please familiarize yourself with those terms prior to initiating a transaction.
  • Once your payment transaction is completed, you will be re-routed back to an 99point9 confirmation page and will receive a confirmation email with your name, order number and the payment amount. Please retain this email for your records.

Course Withdrawal and Refunds.



AUTHENTICATION

In order that 99point9 can authenticate your identity as required by these TOS, you may be prompted to take a webcam photo of yourself, as well as a photo of an acceptable form of photo ID (described below). Once submitted to 99point9, this information will be subject to the 99point9 Privacy Policy and will be used only for the purpose of verifying your identity. Acceptable forms of photo ID’s are:

  • Government or State-issued driver’s license
  • Passport
  • National ID card
  • State or Province ID card (including cards issued by motor vehicle agencies) 

In order to be accepted by 99point9, your photo ID must:

  • Contain your full name exactly (excluding hyphens, accents and spaces)
  • Contain a relatively current photograph of yourself
  • Be an original document; photocopied documents cannot be accepted
  • Be current and valid; expired documents cannot be accepted

Unfortunately, if you do not posses a photo ID meeting the criteria described above, 99point9 is unable to provide you with an ID Verified Certificate at this time.

DIGITAL MILLENIUM COPYRIGHT ACT

Copyright owners who believe their material has been infringed on the Site should contact Sohaib@99point9prep.com

Notification must include:

  • Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for us to locate the material (e.g., URL, IP address, computer name).
  • Information for us to be able to contact the complaining party (e.g., email address, phone number).
  • A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.
  • A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES

THE SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW. 

99point9 AND THE 99point9 PARTICIPANTS (AS HERINAFTER DEFINED) DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. 99point9 AND THE 99point9 PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. “99point9 PARTICIPANTS” MEANS MEMBERS AND THE ENTITIES PROVIDING INFORMATION, CONTENT OR SERVICES FOR THE SITE, THE COURSE INSTRUCTORS AND THEIR STAFFS.

USE OF THE SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS OR DATA THROUGH THE SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE 99point9 PRIVACY POLICY

User Postings Disclaimer.

You understand that when using the Site you will be exposed to User Postings from a variety of sources and that neither 99point9 nor the 99point9 Participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 99point9 or any of the 99point9 Participants with respect thereto. Neither 99point9 nor any of the 99point9 Participants endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither 99point9 nor any of the 99point9 Participants have any obligation to monitor any User Postings or any other user communications through the Site.

However, 99point9 reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the 99point9 Participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, 99point9 may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.

Links to Other Sites.

The Site may include hyperlinks to sites maintained or controlled by others. 99point9 and the 99point9 Participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER 99point9 NOR ANY OF THE 99point9 PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW. 

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER 99point9 NOR ANY OF THE 99point9 PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT 99point9 OR ANY OF THE 99point9 PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, hold harmless and indemnify 99point9 and the 99point9 Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, 99point9 or one of the 99point9 Participants will provide you with written notice of such claim, suit or action.

MISCELLANEOUS

Termination Rights; Discontinuation of Courses and Content.

You agree that 99point9, in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason, upon notice to you. It is 99point9's policy to terminate in appropriate circumstances the accounts of users of the Site who are repeat copyright infringers. 99point9 and the 99point9 Participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through 99point9, or to cease providing any part or all of the Site content or related services, and you agree that neither 99point9 nor any of the 99point9 Participants will have any liability to you for such an action. If you no longer desire to participate in the Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the other provisions of these TOS will survive any such termination.

Entire Agreement.

These TOS, the Honor Code, and the Privacy Policy together constitute the entire agreement between you and 99point9 with respect to your use of the Site, superseding any prior agreements between you and 99point9 regarding your use of the Site.

Waiver and Severability of TOS.

The failure of 99point9 to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these TOS shall remain in full force and effect.

Choice of Law/Forum Selection.

You agree that these TOS and any claim or dispute arising out of or relating to these TOS or any content or service obtained from or through the Site will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Cambridge, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Effective Date:

October 1, 2017.

99point9 Honor Code Pledge

COLLABORATION POLICY

By enrolling in a course on 99point9, you are joining a special worldwide community of learners. The aspiration of 99point9 is to provide anyone with an internet connection access to courses from the best universities and institutions in the world and to provide our learners the best educational experience internet technology enables. You are a part of the community that will help 99point9 achieve this goal. 99point9 depends upon your motivation to learn the material and to do so with honesty and academic integrity. In order to participate in 99point9, you must agree to the Honor Code below and any additional terms specific to a class. This Honor Code, and any additional terms, will be posted on each class website.

99point9 depends upon your motivation to learn the material and to do so with honesty. In order to participate in 99point9, you must agree to the Honor Code below and any additional terms specific to a class. This Honor Code, and any additional terms, will be posted on each class website.

your commitment to 99point9’s HONOR CODE

By enrolling in an 99point9 course, I agree that I will:

  • Complete all tests and assignments on my own, unless collaboration on an assignment is explicitly permitted.
  • Maintain only one user account and not let anyone else use my username and/or password.
  • Not engage in any activity that would dishonestly improve my results, or improve or hurt the results of others.
  • Not post answers to problems that are being used to assess student performance.

VIOLATIONS

If you are found in violation of the Terms of Service or Honor Code, you may be subject to one or more of the following actions:

  • Receiving a zero or no credit for an assignment;
  • Having any certificate earned in the course withheld or revoked;
  • Being unenrolled from a course; or
  • Termination of your use of the Site.
  • Additional actions may be taken at the sole discretion of 99point9 and 99point9 Member course providers. 

No refunds will be issued in the case of any corrective action for such violations.

Honor code violations will be determined at the sole discretion of 99point9 Members. You will be notified if a determination has been made that you have violated this honor code and you will be informed of the corresponding action to be taken as a result of the violation.

CHANGING THE HONOR CODE

Please note that we review and may make changes to this Honor Code from time to time. Any changes to this Honor Code will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified Honor Code and any changes contained therein. Be sure to return to this page periodically to ensure familiarity with the most current version of this Honor Code.

Effective Date:

October 1st, 2017

Welcome to 99point9 Inc. Please read these Terms of Service ("TOS") and the 99point9 Privacy Policy and Honor Code (the “Agreements”) prior to registering for our services or using any portion of the 99point9 website (the "Site," which consists of all content and pages located within the 99point9.ca and 99point9prep.com web domains), including accessing any course material, or other services. In the event that that you registered for our services prior to the publication of these agreements, further use of 99point9 services require that you adhere to them nevertheless. These TOS, the Privacy Policy and the Honor Code are agreements between you and 99point9. By using the Site, and/or other services you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. If you do not understand or do not wish to be bound by the terms of the Agreements, you should not use the Site.

99point9 reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.

DESCRIPTION OF 99point9

99point9 offers online and in-class courses, opportunities, and services including specific areas of studies, on particular standardized-tests, and for admissions coaching (each referred to as a “Course”). 99point9 reserves the right to cancel, interrupt, or reschedule any course or modify its content as well as change course start dates whether online or in-person. Courses offered are subject to the Agreements, including without limitation the Warranty Disclaimer and Limitation of Liability sections below.

Although 99point9 may offer courses to aid you in any form of admissions, you agree and acknowledge that nothing in these Terms of Use or otherwise with respect to your access or use of the Site or any Course whether online or in-person: (a) guarantees admission to any school regardless of master of course material (b) entitles you to access or use the resources or receive any benefits or privileges of any of the foregoing entities beyond the Course (c) entitles you to a refund of any kind regardless of whether you took the course, came to class, received any help, or were given any course help at all.

99point9 may offer additional future courses or services, based on the successful mastery of the a specific course. The decision to award any such bonus services to a given participant will be solely within the discretion of 99point9. 99point9 may choose not to offer any bonus services, or revoke services even after a student has been promised such services; you, the student, agrees and acknowledges that such an outcome is possible, and that 99point9 has the right to refuse, without any consequences, any bonus services. In addition, 99point9 may decide in its sole discretion whether to provide a record concerning a student’s performance in a course. The format of any service, or help, and of any record of performance, provided by 99point9 relating to courses will be determined by 99point9 in its sole discretion and may vary from course to course

RULES FOR ONLINE and IN-CLASS CONDUCT

You agree that you are responsible for your own use of the Site and for your User Postings. "User Postings" include any and all content, in whatever format, submitted, posted, contributed, published or distributed on the Site by a user, including but not limited to all notes, questions, answers, comments, text, pictures, videos and file uploads. In some courses, the user may contribute or participate by speaking or appearing on camera, and User Content may include transmissions or recordings of a user’s voice and/or image. You agree that you will use the Site in compliance with the Agreements and all applicable local, state, national and international laws, rules and regulations, including privacy and copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all Canada export control laws.

 

As a condition of your use of the 99point9 services, you will not use the Site in any manner intended to damage, disable, overburden or impair any 99point9 server or the network(s) connected to any 99point9 server or to interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any 99point9 server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers or associated computers through any means not intentionally made available through the Site.

THE FOLLOWING LIST OF ITEMS IS STRICTLY PROHIBITED ON THE SITE:

  1. Content that defames, harasses or threatens others;
  2. Content that discusses illegal activities with the intent to commit them;
  3. Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
  4. Content that you do not have a right to disclose;
  5. Profane, pornographic, obscene, indecent or unlawful content;
  6. Advertising or any form of commercial solicitation;
  7. Content related to partisan political activities;
  8. Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another's computer or property;
  9. Content that contains intentionally inaccurate information or that is posted with the intent of misleading others;
  10. copy or use any portion of the Site other than as expressly allowed under the Agreements;
  11. use any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts);
  12. frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; or
  13. force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Site.

Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to a list or directory of users on the system, on-line textbooks, User Postings or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).

If you participate in any Course, you agree to complete all work, including any assignments assigned to you by your instructor, associated with each Course in which you may be enrolled with your own, original work and only your own, original work, and you agree not to engage in any activity that would dishonestly improve your results, or improve or hurt the results of others. In addition, unless otherwise stated in the respective Course, you agree that any exams, quizzes or questions provided in connection with each Course are licensed for your individual use only.  Copying, capturing, transmitting or providing the exams, quizzes or questions to any other person infringes 99point9 Inc.’s rights and is strictly prohibited. The penalties for infringement are quite severe, and 99point9 Inc. reserves the right to pursue them against you if you violate this Agreement.

 

USER ACCOUNTS AND AUTHORITY

In order to participate fully in Site activities, you must provide your name, an email address and a user password in order to create a user account ("User Account"); you must then register for a personal account on the Site by providing any additional information required herein or on the Site. You agree that you will never divulge or share access or access information for your User Account with any third party for any reason. In setting up your User Account, you may be prompted to enter additional optional information (e.g., your address). You warrant that all such information provided by you is accurate, current, complete, and complies with your obligations under the Agreements. You agree that you will create, use, and/or access only one User Account, and that you will not access the Site using any User Account other than your own.
You also agree to maintain and update such information to keep it accurate, current and complete. You acknowledge that if any such information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site and your Course.

We care about the confidentiality and security of your personal information. Please see our Privacy Policy for more information about what information about you 99point9  collects and how 99point9 uses that information.

YOUR RIGHT TO USE CONTENT ON THE SITE

Unless indicated as being in the public domain, the content on the Site is protected by Canada and foreign copyright laws. Unless otherwise expressly stated on the Site, the texts, exams, video, images and other instructional materials provided with the courses offered on this Site are for your personal use in connection with those courses only.

Certain reference documents, digital textbooks, articles and other information on the Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using this Site you agree to abide by all such rules and conditions.

You agree to retain all copyright and other notices on any content you obtain from the Site. All rights in the Site and its content, if not expressly granted, are reserved.

USER POSTINGS

User Postings Representations and Warranties.

By submitting or distributing your User Postings, you affirm, represent and warrant (1) that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the User Postings and to authorize 99point9 and its users to reproduce, modify, publish and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not 99point9, are solely responsible for your User Postings and the consequences of posting or publishing them.

License Grant to 99point9.

By submitting or distributing your User Postings, you hereby grant to 99point9 a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).


You may obtain and use 99point9 Content and Course materials only for your own personal, non-commercial use in connection with browsing the Site or participating in Courses. You may only copy and modify 99point9 Content as necessary for your own personal, noncommercial use. You may not transfer, retransmit, distribute, publish, commercially exploit or create derivative works of 99point9 Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Site or the Programs. You may also not reproduce or help reproduce directly or indirectly any of the Site components such as the Site, web applications, online portals, mobile applications, in any forms including but not limited to your website, another tutoring or education based company. You may also not directly or indirectly aid, copy, reproduce, any of the Site features, where indirectly refers to but is not limited to giving someone the idea of how the features work or giving someone access to see how the Site features work.

"99point9 Content" means all content or other material, in whole or in part, available on the Site or through the Programs, including but not limited to lectures, speeches, discussions, comments, video lessons, quizzes, tests, presentation materials, homework assignments, Couses, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files. All 99point9 Content is the property of 99point9 and/or its affiliates or licensors and is protected by copyright, patent and/or other proprietary intellectual property rights under Canada and foreign law.

99point9 logos, trademarks and service marks that may appear on the Site ("Marks") are the property of 99point9 and are protected under 99point9 and foreign laws. All other trademarks, service marks and logos used on the Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.

99point9 and/or its affiliates and licensors reserve all rights not expressly granted herein to the Site, Courses, 99point9 Content, and Marks.

License Grant to 99point9 Users.

By submitting or distributing your User Postings, you hereby grant to each user of the Site a non-exclusive license to access and use your User Postings in connection with their use of the Site for their own personal purposes.

Registration and Payment.

Subject to the foregoing, you may be required to pay a fee to receive an ID Verified Certificate of Achievement (a “Verified Certificate”) with respect to certain courses on the Site, in which case, the following processes and requirements shall apply:

  • As part of your registration, you may be prompted to submit a photo of yourself, along with one other form of photo identification (“photo ID”). Although these items are collected by 99point9 in accordance with these TOS and the 99point9 Privacy Policy, you should be aware that the actual authentication of your identify is performed by an 99point9 third party service provider. Please refer to the Privacy Policy for additional details on how we handle those items once received by us.
  • In addition, the processing of your payment information is done by an 99point9 third party vendor, and you will be re-routed to a secure website to complete the payment transaction. The privacy statement posted at the payment landing page operated by such third party vendor will govern the submission and processing of your payment details. Please familiarize yourself with those terms prior to initiating a transaction.
  • Once your payment transaction is completed, you will be re-routed back to an 99point9 confirmation page and will receive a confirmation email with your name, order number and the payment amount. Please retain this email for your records.

Course Withdrawal and Refunds.



AUTHENTICATION

In order that 99point9 can authenticate your identity as required by these TOS, you may be prompted to take a webcam photo of yourself, as well as a photo of an acceptable form of photo ID (described below). Once submitted to 99point9, this information will be subject to the 99point9 Privacy Policy and will be used only for the purpose of verifying your identity. Acceptable forms of photo ID’s are:

  • Government or State-issued driver’s license
  • Passport
  • National ID card
  • State or Province ID card (including cards issued by motor vehicle agencies) 

In order to be accepted by 99point9, your photo ID must:

  • Contain your full name exactly (excluding hyphens, accents and spaces)
  • Contain a relatively current photograph of yourself
  • Be an original document; photocopied documents cannot be accepted
  • Be current and valid; expired documents cannot be accepted

Unfortunately, if you do not posses a photo ID meeting the criteria described above, 99point9 is unable to provide you with an ID Verified Certificate at this time.

DIGITAL MILLENIUM COPYRIGHT ACT

Copyright owners who believe their material has been infringed on the Site should contact Sohaib@99point9prep.com

Notification must include:

  • Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for us to locate the material (e.g., URL, IP address, computer name).
  • Information for us to be able to contact the complaining party (e.g., email address, phone number).
  • A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.
  • A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES

THE SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW. 

99point9 AND THE 99point9 PARTICIPANTS (AS HERINAFTER DEFINED) DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. 99point9 AND THE 99point9 PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. “99point9 PARTICIPANTS” MEANS MEMBERS AND THE ENTITIES PROVIDING INFORMATION, CONTENT OR SERVICES FOR THE SITE, THE COURSE INSTRUCTORS AND THEIR STAFFS.

USE OF THE SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS OR DATA THROUGH THE SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE 99point9 PRIVACY POLICY

User Postings Disclaimer.

You understand that when using the Site you will be exposed to User Postings from a variety of sources and that neither 99point9 nor the 99point9 Participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 99point9 or any of the 99point9 Participants with respect thereto. Neither 99point9 nor any of the 99point9 Participants endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither 99point9 nor any of the 99point9 Participants have any obligation to monitor any User Postings or any other user communications through the Site.

However, 99point9 reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the 99point9 Participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, 99point9 may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.

Links to Other Sites.

The Site may include hyperlinks to sites maintained or controlled by others. 99point9 and the 99point9 Participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER 99point9 NOR ANY OF THE 99point9 PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW. 

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER 99point9 NOR ANY OF THE 99point9 PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT 99point9 OR ANY OF THE 99point9 PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, hold harmless and indemnify 99point9 and the 99point9 Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, 99point9 or one of the 99point9 Participants will provide you with written notice of such claim, suit or action.

MISCELLANEOUS

Termination Rights; Discontinuation of Courses and Content.

You agree that 99point9, in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason, upon notice to you. It is 99point9's policy to terminate in appropriate circumstances the accounts of users of the Site who are repeat copyright infringers. 99point9 and the 99point9 Participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through 99point9, or to cease providing any part or all of the Site content or related services, and you agree that neither 99point9 nor any of the 99point9 Participants will have any liability to you for such an action. If you no longer desire to participate in the Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the other provisions of these TOS will survive any such termination.

Entire Agreement.

These TOS, the Honor Code, and the Privacy Policy together constitute the entire agreement between you and 99point9 with respect to your use of the Site, superseding any prior agreements between you and 99point9 regarding your use of the Site.

Waiver and Severability of TOS.

The failure of 99point9 to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these TOS shall remain in full force and effect.

Choice of Law/Forum Selection.

You agree that these TOS and any claim or dispute arising out of or relating to these TOS or any content or service obtained from or through the Site will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Cambridge, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Effective Date:

October 1, 2017.

99point9 Honor Code Pledge

COLLABORATION POLICY

By enrolling in a course on 99point9, you are joining a special worldwide community of learners. The aspiration of 99point9 is to provide anyone with an internet connection access to courses from the best universities and institutions in the world and to provide our learners the best educational experience internet technology enables. You are a part of the community that will help 99point9 achieve this goal. 99point9 depends upon your motivation to learn the material and to do so with honesty and academic integrity. In order to participate in 99point9, you must agree to the Honor Code below and any additional terms specific to a class. This Honor Code, and any additional terms, will be posted on each class website.

99point9 depends upon your motivation to learn the material and to do so with honesty. In order to participate in 99point9, you must agree to the Honor Code below and any additional terms specific to a class. This Honor Code, and any additional terms, will be posted on each class website.

your commitment to 99point9’s HONOR CODE

By enrolling in an 99point9 course, I agree that I will:

  • Complete all tests and assignments on my own, unless collaboration on an assignment is explicitly permitted.
  • Maintain only one user account and not let anyone else use my username and/or password.
  • Not engage in any activity that would dishonestly improve my results, or improve or hurt the results of others.
  • Not post answers to problems that are being used to assess student performance.

VIOLATIONS

If you are found in violation of the Terms of Service or Honor Code, you may be subject to one or more of the following actions:

  • Receiving a zero or no credit for an assignment;
  • Having any certificate earned in the course withheld or revoked;
  • Being unenrolled from a course; or
  • Termination of your use of the Site.
  • Additional actions may be taken at the sole discretion of 99point9 and 99point9 Member course providers. 

No refunds will be issued in the case of any corrective action for such violations.

Honor code violations will be determined at the sole discretion of 99point9 Members. You will be notified if a determination has been made that you have violated this honor code and you will be informed of the corresponding action to be taken as a result of the violation.

CHANGING THE HONOR CODE

Please note that we review and may make changes to this Honor Code from time to time. Any changes to this Honor Code will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified Honor Code and any changes contained therein. Be sure to return to this page periodically to ensure familiarity with the most current version of this Honor Code.

Effective Date:

October 1st, 2017