Please note that your use of and access to the Practice Round website is subject to these terms. If you don’t agree to all of them, you may not use the site.
Section 15 below has a mandatory arbitration provision and a waiver of class action rights. By agreeing to these terms, you agree to those provisions.
These Terms of Use (“Terms”) are an agreement between you and Fiveable Inc. (“we,” “our” or “us”), which operates Practice Round. They apply to practiceround.app (the “Site”) and the waitlists and emails offered through it. Please read them carefully and don’t use the Site if you don’t accept them. By continuing to use the Site, you agree to these Terms as updated from time to time. Our Privacy Policy explains how we handle your personal information.
These Terms apply only to the Site.
1. Your use of the Site
The Site and its contents, features and functionality, including all text, displays, images, and the design, selection and arrangement of them, are owned by Fiveable Inc., its licensors or other providers of the material, and are protected by United States and international copyright, trademark and other intellectual property laws. We grant you a non-exclusive, limited, non-transferable license to use and view the Site only for your personal use, subject to these Terms.
The Site is available only to people who can form legally binding contracts under applicable law, which in most cases means people 18 or older. If you’re under 18 (or the age of majority where you live), you must have your parent’s or legal guardian’s permission to use the Site, and they must agree to these Terms on your behalf. You may not use the Site at all if you’re 12 or younger.
2. Waitlists and prices
Nothing on the Site is on sale yet. Joining a waitlist or clicking a priced button doesn’t create a purchase, a reservation or any obligation to buy, and we don’t ask for payment details. Prices shown on the Site may change before anything opens, and different visitors may see different prices while we test them.
3. Information on the Site
We take facts from official sources and show the date we checked them. Test formats, time limits and rules change, so always confirm details with the test publisher or employer before you rely on them. The Site provides general information only. It isn’t legal, financial, medical or other professional advice.
4. Site copyrights
You may not modify the materials on the Site, or reproduce, publicly display, perform, distribute or otherwise use them for any public or external business purpose. Further, you agree:
a. Not to copy, reproduce, distribute, publish, display or publicly perform the Site, distribute any part of it over any network, or sell or offer it for sale, and not to decompile, reverse-engineer, disassemble, modify or create derivative works of the Site. Open source software used on the Site is provided under its own license, to which we are not a party. We reserve all rights not specifically granted to you.
b. Not to present the Site in a setting created by you or a third party (for example, through framing), particularly where that setting includes advertising or other materials we haven’t authorized.
5. Trademarks
Registered and common law trademarks and service marks of Fiveable Inc., including Practice Round, may not be copied or used without our written permission. Other names on the Site belong to their owners and are used only to describe what a page is about. Practice Round isn’t affiliated with or endorsed by any of them.
6. Acceptable use
You agree not to use, or encourage or allow anyone to use, the Site in the following ways:
a) for any illegal, fraudulent or abusive activity, or in a way that materially interferes with our business or harms our users;
b) to bypass or break any security mechanism, or in a way that poses a material security or service risk to us or our users;
c) to reverse-engineer the Site in order to find limitations or vulnerabilities, or to evade filtering;
d) to launch or facilitate a denial of service attack, or any other conduct that materially and adversely affects the availability, reliability or stability of the Site;
e) to transmit viruses, Trojan horses, spyware, worms or other malicious programs;
f) to violate any applicable law or regulation, including laws on the transmission of data, unsolicited communications (such as the CAN-SPAM Act, the Telephone Consumer Protection Act and the Do-Not-Call Implementation Act) and data protection or privacy;
g) to submit someone else’s email address to a waitlist without their permission, or to send unsolicited, unwanted or harassing communications;
h) to harvest or collect information about other people without their explicit consent;
i) to transmit material that infringes the intellectual property or other rights of others;
j) to commit fraud on any application, filing or record;
k) to transmit material that is libelous, defamatory, discriminatory, hateful, obscene or otherwise objectionable;
l) to train, develop or improve artificial intelligence or machine learning models without our prior written consent; or
m) to use automated systems, bots or scripts to access, scrape or extract data from the Site without our prior written consent.
7. Your submissions
Information you send us through the Site or by email, other than the personal information covered by our Privacy Policy, such as feedback, ideas or suggestions (“Submissions”), is non-confidential. Please don’t send us confidential or proprietary information. By sending us Submissions, you grant us an unrestricted, irrevocable license to use, reproduce, modify and distribute them, and the right to use any ideas they contain for any purpose, including developing and marketing products.
8. Links to other sites
The Site links to third-party sites, such as official sources, that we don’t own or maintain. We assume no liability for them and don’t endorse or make any representations about their information, products or services. Your use of them is at your own risk.
9. Your warranties
You represent and warrant that you are responsible for your use of the Site, that your use will be consistent with the limited license granted to you in these Terms, and that it will not infringe or violate the rights of any other party, breach any contract or legal duty, or violate any applicable law.
10. Disclaimers
THE SITE, INCLUDING ANY CONTENT OR INFORMATION IN IT, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DON’T ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO IN THOSE JURISDICTIONS THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR EQUIPMENT, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY WEBSITE LINKED TO IT.
11. No guarantee of a particular outcome
We don’t guarantee any particular outcome or result from using the Site or anything described on it.
12. Changes to the Site
We may change the Site, including the information on it, at any time without notice. Some information may be out of date or contain inaccuracies or errors. We make no guarantees as to the correctness or accuracy of the Site and makes no commitment to update or correct its information.
13. Limitation of liability
WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY CONTENT OR INFORMATION IN IT OR ACCESSED THROUGH IT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT.
14. Indemnification
You agree to defend, indemnify and hold harmless Fiveable Inc., its affiliates, licensors and service providers, and its and their officers, directors, employees, contractors, agents, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site other than as expressly authorized in these Terms.
15. Mandatory arbitration; class action waiver
You agree that all claims or disputes arising out of these Terms will be decided by an arbitrator through arbitration and not by a judge or jury (“Arbitration Agreement”). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving commerce. The arbitration will be conducted before a single arbitrator under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), available at www.adr.org. The arbitrator’s fees and costs will be shared equally by the parties unless prohibited by law. Each party is responsible for its own attorneys’ fees. The arbitration will take place in Milwaukee, Wisconsin unless otherwise agreed. A court of competent jurisdiction may enter judgment on the arbitrator’s decision and award. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there is no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything in these Terms or the applicable AAA rules, the interpretation, applicability or enforceability of the Class Action Waiver, and the arbitrability of a claim or dispute, may be determined only by an arbitrator. The following claims are excluded from this Arbitration Agreement: (a) claims in small claims court; (b) claims to enforce or prevent the actual or threatened violation of a party’s intellectual property rights; (c) claims for temporary relief in connection with an arbitrable controversy; and (d) claims that are non-arbitrable under the applicable federal statute.
16. Limited time to bring a claim
YOU AND WE AGREE TO BEGIN ANY CLAIM OR ARBITRATION WITHIN ONE YEAR AFTER THE CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.
17. Waiver of jury trial
YOU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and we are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 15. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
18. Controlling law, jurisdiction and venue
Fiveable Inc. operates the Site from its headquarters in Milwaukee, Wisconsin. These Terms are governed by the laws of the State of Wisconsin, without regard to its choice of law rules. Subject to Section 15, any legal suit, action or proceeding arising out of or related to these Terms or the Site shall be brought exclusively in the federal courts of the United States or the courts of the State of Wisconsin, in each case located in the City and County of Milwaukee. You waive any objection to the exercise of jurisdiction over you by those courts and to venue in them.
19. Waiver and severability
No waiver by us of any term or condition in these Terms is a further or continuing waiver of that term or any other term, and any failure by us to assert a right or provision under these Terms is not a waiver of it. If any provision of these Terms is held invalid, illegal or unenforceable, it will be eliminated or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
20. Monitoring, enforcement and termination
We have the right, but not the obligation, to:
a. take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Site;
b. end or suspend your access to all or part of the Site for any violation of these Terms; and
c. remove you from a waitlist that was joined in violation of these Terms.
We may also cooperate fully with any law enforcement authority or court order requesting or directing us to disclose the identity or other information of anyone using the Site. YOU WAIVE AND HOLD HARMLESS Fiveable Inc. AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY US OR LAW ENFORCEMENT AUTHORITIES.
21. Copyright infringement claims
We respect the intellectual property rights of others. If you’re a copyright owner or an agent of one and believe that content on the Site infringes your copyright, you may send a notice under the Digital Millennium Copyright Act (“DMCA”) to the address below. The notice must include:
a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by one notice, a representative list of them;
c. identification of the material claimed to be infringing and information reasonably sufficient to let us locate it on the Site;
d. information reasonably sufficient to let us contact you, such as an address, telephone number and, if available, an email address;
e. a statement that you have a good faith belief that use of the material in the manner complained of isn’t authorized by the copyright owner, its agent or the law; and
f. a statement that the information in the notice is accurate and, under penalty of perjury, that you’re authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Address for notices. DMCA notices may be sent to our designated agent by email to hello@practiceround.app, or by mail to:
Fiveable Inc.
211 West Mineral St #312
Milwaukee, WI 53204
22. Contact information
You can contact us about these Terms at hello@practiceround.app, or by mail at:
Fiveable Inc.
211 West Mineral St #312
Milwaukee, WI 53204
23. Revisions to these Terms
We may update these Terms at any time and for any reason by posting the revised Terms on this page and updating the Last Updated date at the top. Please review this page from time to time, because the Terms in effect when you use the Site apply to you.