Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY.

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

Effective Date: November 15, 2022.

  1. Parties.  The parties to these Terms of Use are you, and the owner of this business, Valley Prep Tutoring Services, Inc.  All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean Valley Prep Tutoring Services, Inc. Valley Prep Tutoring Services, Inc. is sole licensee of the GATE College System “product” available on this website.
  2. Modification.  We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates.
  3. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
  4.  Use and Restrictions.  Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes.  You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.  You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device.  All rights not expressly granted in this Agreement are reserved by us and our licensors.
  5. Monitoring.  We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you.  We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page.
  6. Separate Agreements.  You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate Agreements as a condition of your use and/or purchase of such products, services and/or content.
  7.  Ownership.  The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
  8. DMCA Notice.  This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”).  As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site.  All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement): Notification of Claimed Infringement:
    Valley Prep Tutoring Services Inc.
    3500 West Olive Avenue #300
    Burbank CA 91505
    Email
    : info [at] valleypreptutoring dot com
    Telephone:  (818) 788-8700
  9. You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we  will notify the posting party that the material has been blocked or removed.In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.  Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
  10. Warranty Disclaimers.  EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT.  EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.  THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THIS SITE IS NOT ENGAGED IN THE PRACTICE OF LAW.  NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY OR THROUGH THE USE OF THIS SITE.  ALL MATERIALS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
  11. PLEASE CONSULT WITH A QUALIFIED PROFESSIONAL BEFORE USING OR ACTING ON ANY INFORMATION, PRODUCT OR SERVICE DISCUSSED WITHIN THIS WEB SITE.  THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.  NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS.  IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW.  SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  12. Limitation of Liability.   IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  13. Links to This Site.  We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent. All content featured, unless otherwise indicated, is the exclusive property of Pamela M. Donnelly Consulting LLC.
  14. Links to Third Party Websites.  We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites terms of use and privacy policy.
  15. Consumer Rights Information; California Civil Code Section 1789.3.  CANCELLATION POLICY.  “Consumer” shall mean any individual who acquires by enrollment access to any services or products offered by Valley Prep Tutoring Services Inc., including access to the product called GATE. In compliance with California Civil Code, terms for enrollment in the GATE offered through this website require agreeing to all Terms of Use listed herein. The Consumer’s affirmative consent by clicking the checkbox agreeing to these Terms of Use at the point of purchase constitutes an Agreement to the following. Only consumers who have carefully reviewed and agree with these Terms of Use should enroll.
    1. ONE-TIME GATE ENROLLMENT. Consumers who purchase One-Time GATE Enrollment are protected by Consumer Contracts Regulations. This confers a legal right of 14 days to cancel an order after it is placed. For all one-time GATE enrollments, a no-chargeback policy will apply after those fourteen (14) days have expired. Furthermore, no Warranty or Guarantee is given or implied for Consumers who enroll.
    2. MONTHLY PAYMENT PLANS FOR GATE or VALLEY PREP’s tutoring support packages constitutes a subscription purchase agreement, and will continue until the consumer’s terms at time of purchase are fulfilled.
      1. The consumer’s affirmative consent by clicking the checkbox agreeing to Terms of Use at the point of purchase constitutes a legally binding agreement.
      2. This is a paid subscription agreement that automatically renews at the end of the agreed-upon cycle on the same calendar date (for example May 3, June 3, July 3, etc.) for a subsequent term.
      3. In order to discontinue monthly automated renewal, Consumers who purchase enrollments using payment plans subscribers should email their written request to info [at] valleypreptutoring dot com. Include parent name as well as student first and last names and the student email that were used to sign up. We will confirm with email response within 72 hours.
      4. Once notification to discontinue Monthly GATE with Support automated renewal is received by Valley Prep Tutoring Services, no further charges will apply. Enrollment access to the GATE platform will remain in place until the paid renewal period has been completed. At the next monthly renewal date, their login and password will no longer function.
      5. No chargebacks are permitted for GATE or tutoring support packages under automated renewal under these Terms of Use, with the exception of the Consumer’s legal right of 14 days to cancel the enrollment after it is first placed.
      6. In the event the Consumer’s credit card fails to process when payment plans become due, the Company will notify them immediately using the email address provided at time of enrollment. In the event no reply is received, all GATE platform access or tutoring services will be suspended until terms agreed upon at time of enrollment are fulfilled, including payment in full.
  16. This site charges for certain products and services. Pricing information is posted as part of the ordering process for this site.  We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3.  All correspondence should be addressed to our agent for notice at the following address:

Notification of Consumer Rights Complaint or Pricing Inquiry:
Valley Prep Tutoring Services Inc.
3500 West Olive Avenue #300
Burbank CA 91505
Email:
info [at] valleypreptutoring dot com
Telephone:  (818) 788-8700

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

  1. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect.  There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules.  The arbitration shall take place in Burbank, CA USA, and may be conducted by telephone or online.  The arbitrator shall apply the laws of the State of California, USA to all issues in dispute.  The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.  Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
  2. Jurisdiction and Venue.  The courts of Burbank in the State of California, USA and the nearest U.S. District Court in the State of California shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
  3. Controlling Law.  This Agreement shall be construed under the laws of the State of California, USA, excluding rules regarding conflicts of law.  The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
  4. Onward Transfer of Personal Information Outside Your Country of Residence.  Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States.  If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
  5. Severability.   If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable.  In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
  6. Force Majeure.  We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
  7. Privacy.  Please review this site’s Privacy Policy which also governs your visit to this site.  Our Privacy Policy is always accessible on our site’s home page.

Use of this Website is subject to these policies & legal notices, please read them carefully: Legal NoticesTerms of UseDisclaimersDisclosurePrivacy Policy, and DMCA Policy.


Material modifications since November 15, 2022.:  none