TABLE OF CONTENTS
1. AGREEMENT TO TERMS
personally or on behalf of an entity (“you”) and Zenith Prep Academy ("Company," “we," “us,"
or “our”), concerning your access to and use of the https://zenithprepacademy.com/ website
as well as any other media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the “Site”). We are
registered in California, United States and have our registered office at 39899 Balentine Dr
, Suite 200 , Newark , CA 64560. You agree that by accessing the Site, you have read,
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the right, in our
any reason. We will alert you about any changes by updating the “Last updated” date of these
ensure that you check the applicable Terms every time you use our Site so that you
understand which Terms apply. You will be subject to, and will be deemed to have been made
The information provided on the Site is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws, you may not use
this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are
not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and
are protected by copyright and trademark laws and various other intellectual property rights
and unfair competition laws of the United States, international copyright laws, and
international conventions. The Content and the Marks are provided on the Site “AS IS” for
no part of the Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access
and use the Site and to download or print a copy of any portion of the Content to which you
have properly gained access solely for your personal, non-commercial use. We reserve all
rights not expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you
which you reside; (3) you will not access the Site through automated or non-human means,
whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal
or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or
If you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or future
use of the Site (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly
or indirectly, a collection, compilation, database, or directory without written permission
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the
Site or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive
or active information collection or transmission mechanism, including without limitation,
clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing
any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the
Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer
any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses
of users by electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor or commercial enterprise.
Use the Site to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
5. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions"). Contributions may be viewable
by other users of the Site and through third-party websites. As such, any Contributions you
available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade secret, or
moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases,
and permissions to use and to authorize us, the Site, and other users of the Site to use
You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in any
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms)
any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any
in, among other things, termination or suspension of your rights to use the Site.
6. CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and
By submitting suggestions or other feedback regarding the Site, you agree that we can use and
share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or representations
in your Contributions provided by you in any area on the Site. You are solely responsible
for your Contributions to the Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or
other information regarding the Site ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the unrestricted use
and dissemination of these Submissions for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with you or that
you have the right to submit such Submissions. You agree there shall be no recourse against
us for any alleged or actual infringement or misappropriation of any proprietary right in
8. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of
such user to law enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of the Site.
https://www.zenithprepacademy.com/privacy-policy . By using the Site, you agree to be bound
Site is hosted in the United States. If you access the Site from any other region of the
world with laws or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in the United States, then through your continued use of
the Site, you are transferring your data to the United States, and you agree to have your
data transferred to and processed in the United States.
10. TERM AND TERMINATION
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering
and creating a new account under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
11. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for
any reason at our sole discretion without notice. However, we have no obligation to update
any information on our Site. We also reserve the right to modify or discontinue all or part
of the Site without notice at any time. We will not be liable to you or any third party for
any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Site during any downtime or discontinuance of
support the Site or to supply any corrections, updates, or releases in connection
12. GOVERNING LAW
the laws of the State of California applicable to agreements made and to be entirely
performed within the State of California, without regard to its conflict of law
13. DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim related to
or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided below) informally
for at least thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute
(except those Disputes expressly excluded below) will be finally and exclusively resolved
through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE
RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and
conducted under the Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org
. Your arbitration fees and your share of arbitrator compensation shall be governed by the
AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The
arbitration may be conducted in person, through the submission of documents, by phone, or
online. The arbitrator will make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except where otherwise required by
the applicable AAA rules or applicable law, the arbitration will take place in Alameda,
California. Except as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in Alameda, California, and
the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and
forum non conveniens with respect to venue and jurisdiction in such state and federal
courts. Application of the United Nations Convention on Contracts for the International Sale
of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these
In no event shall any Dispute brought by either Party related in any way to the Site be
commenced more than one (1) years after the cause of action arose. If this provision is
found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or unenforceable, and such
Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with
any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on
a class-action basis or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations and binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within
the courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update
the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE
AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES
LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
16. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and
expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach
limited to intellectual property rights; or (5) any overt harmful act toward any other user
of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of
18. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we
perform regular routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the Site. You agree that
we shall have no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or corruption of such
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
20. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.
to the Site constitute the entire agreement and understanding between you and us. Our
extent permissible by law. We may assign any or all of our rights and obligations to others
at any time. We shall not be responsible or liable for any loss, damage, delay, or failure
to act caused by any cause beyond our reasonable control. If any provision or part of a
affect the validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and us as a
be construed against us by virtue of having drafted them. You hereby waive any and all
22. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at:
- Zenith Prep Academy
- 39899 Balentine Dr
- Suite 200
- Newark, CA 64560
- Phone: (510) 585-9744