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Terms of Use

Terms of Use

Our website address is: https://www.thehagwon.com

Greetings from Bethesda Education, Inc., The Hagwon team!

Thank you for taking the time to learn more about us. We are committed to providing you with the highest quality test prep service.

Welcome to The Hagwon, an online education platform(“Site”) operated by Bethesda Education, Inc. Korea ("Bethesda Education," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services. The materials contained in this web site are protected by applicable copyright and trademark law.

1. Eligibility

In compliance with the Children's Online Privacy Protection Act, The Hagwon does not permit children under 13 years of age to become users without their parent or guardian's express consent and approval. By using our Site, you represent you are not under 13 years of age or have had your parent or guardian give their personal information in lieu of giving yours. No part of The Hagwon site is structured to serve or attract anyone under the age of 13.

2. Account Registration and Security

When you register for services provided by The Hagwon, you will be assigned an account and a password. Access to areas of this site that are protected by a password is granted only as long as you have settled any applicable fees to The Hagwon. It is your responsibility to keep your account information and password confidential and to ensure that access to The Hagwon's materials is not provided to anyone other than yourself. You are also responsible for all activities that occur under your account. Bethesda Education, Inc. reserves the right, at its sole discretion, to deny service, terminate accounts, modify or remove content, or cancel subscriptions at any time.

3. Use License

The Hagwon, operated by Bethesda Education, Inc., hereby grants you a revocable, non-exclusive, non-transferable license to access and use its website for your personal, non-commercial, temporary viewing. This grant is a license and not a transfer of title, and under this license, you are not permitted to:

  • Modify or copy the materials on the site
  • Use the materials for any commercial purposes or for public display, whether commercial or non-commercial
  • Attempt to decompile or reverse engineer any software contained on The Hagwon's website
  • Remove any copyright or other proprietary notices from the materials
  • Transfer the materials to another person or "mirror" the materials on any other server.

This license is subject to termination by Bethesda Education, Inc. at its discretion at any time if you fail to comply with any of these conditions. Upon the termination of your viewing of these materials or upon the termination of this license, you are required to destroy any downloaded materials in your possession, whether in electronic or printed format.

4. Intellectual Property

Between you and Bethesda Education Inc, the operator of The Hagwon, Bethesda Education Inc. and/or its licensors own all worldwide rights, title, and interest, including all intellectual property and other proprietary rights, in and to The Hagwon's service, along with all content and materials within and comprising the service. These Terms of Use grant you only the right to access and utilize The Hagwon's services while these Terms and the licenses specified herein remain valid. These terms do not transfer any ownership rights in the Service or any related intellectual property. All rights, title, and interest, including but not limited to copyrights, patents, trademarks, trade secrets, know-how, and all other intellectual property rights in and to the Service, will remain with Bethesda Education, Inc. (or its licensors') as the sole and exclusive property. The Service provided under these Terms, along with any other data or materials generated in the performance of the Service, and all rights, title, and interest therein, will belong to Bethesda Education, Inc. or its licensors. Bethesda Education, Inc. reserves all rights not explicitly granted in these Terms of Use.

You acknowledge and agree that the Service contains proprietary content, information, and material protected by applicable intellectual property and other laws, including but not limited to copyright. You agree not to use such proprietary content, information, or materials in any way whatsoever except for the permitted use of the Service as outlined by these Terms. No part of the Service may be reproduced, published, or distributed in any form or by any means without the express written consent of Bethesda Education, Inc.

5. Prohibited Uses

As a condition of your use of The Hagwon's service, you are prohibited from using the service for any unlawful purpose or any purpose prohibited by these terms and conditions. You may not use the service in any way that could damage, disable, overburden, impair, or interfere with any other party's use of it. You are also prohibited from obtaining or attempting to obtain any materials or information through any means not intentionally made available through the service. You agree not to scrape or otherwise use automated means to access or gather information from the service and not to bypass any measures we may implement to prevent or restrict access. Additionally, you agree not to use false or misleading information in connection with your user account and acknowledge that we reserve the right to disable any user account with a profile we determine (in our sole discretion) to be false or misleading, including profiles that impersonate a third party.

6. Warranties and Disclaimers

The materials on The Hagwon's website, operated by Bethesda Education, Inc., are provided "as is". Bethesda Education, Inc. makes no warranties, either expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Bethesda Education, Inc. does not warrant or make any representations regarding the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Bethesda Education, Inc. and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors do not guarantee that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.

The Service may occasionally be unavailable due to maintenance or other reasons. Bethesda Education, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications.

Under no circumstances will Bethesda Education, Inc. be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone's use of the website or the service, any user content or third-party applications, software, or content posted on or through the website or the service or transmitted to users, or any interactions between users of the site, whether online or offline.

7. User Generated Content

You acknowledge that, apart from any advertising programs we offer on the website, The Hagwon's service and website, operated by Bethesda Education, Inc., are intended for your personal, non-commercial use only. You affirm, guarantee, and agree that no materials of any kind submitted through your account or shared by you on or through the service will breach or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; nor will they contain libelous, defamatory, or otherwise unlawful material.

You bear sole responsibility for the content that you upload, publish, or display ("post") on or through the service or the website, or transmit to or share with other users (collectively, "User Content"). You are not permitted to post, transmit, or share User Content on the website or service that you did not create or do not have permission to post. You understand and agree that Bethesda Education, Inc. may, but is not obligated to, review the website and may delete or remove (without notice) any website content or User Content at its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Bethesda Education, Inc. violates this agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You may remove your User Content from the website at any time. If you choose to remove your User Content, the license granted above will automatically expire. However, you acknowledge that Bethesda Education, Inc. may retain archived copies of your User Content.

8. User Conduct Policy

You understand that The Hagwon's website, provided by Bethesda Education, Inc., is intended solely for your personal, non-commercial use. You assert, guarantee, and concur that no materials of any sort that you submit through your account or distribute, transmit, or share on or through the service will breach or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; nor will they contain libelous, defamatory, or otherwise unlawful material.

In addition, you agree not to use The Hagwon's site to:

  • Collect email addresses or other contact information of other users from the site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
  • Use the site in a manner that is unlawful or could damage, disable, overburden, or impair the site.
  • Upload, post, transmit, share, store, or otherwise make available any content deemed by us to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable.
  • Use automated scripts to collect information from or otherwise interact with the site.
  • Register for more than one user account, register for a user account on behalf of someone other than yourself, or on behalf of any group or entity.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your identity, your age, or your affiliation with any person or entity.
  • Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • Upload, post, transmit, share, store, or otherwise make publicly available on the site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.
  • Solicit passwords or personally identifying information for commercial or unlawful purposes.
  • Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Intimidate or harass any other user.
  • Upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
  • Use or attempt to use another's account, service, or system without authorization from Bethesda Education, Inc., or create a false identity on the site.
  • Upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of Bethesda Education, Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the site, or which may expose Bethesda Education, Inc. or its users to any harm or liability of any type.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BETHESDA EDUCATION, INC., OPERATOR OF THE HAGWON, OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, THIRD PARTY PARTNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE SERVICE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH BETHESDA EDUCATION, INC., EVEN IF BETHESDA EDUCATION, INC. OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BETHESDA EDUCATION, INC.'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL THE TOTAL LIABILITY OF BETHESDA EDUCATION, INC., ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO BETHESDA EDUCATION, INC. FOR THE SERVICE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Site Terms of Use Modifications

Bethesda Education, Inc. reserves the right to modify these terms of use for its website at any time without notice. By accessing and using The Hagwon's website, you agree to be bound by the current version of these Terms of Use.

11. Governing Law

These Terms of Use shall be governed by the laws of the Republic of Korea, without regard to its conflict of law principles that would result in the application of any law other than that of the Republic of Korea.

12. Proprietary Rights

You acknowledge and agree that The Hagwon service, and any necessary software used in connection with the service, contain proprietary and confidential information protected by applicable intellectual property and other laws. Further, you acknowledge and agree that content delivered to you through the service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

13. Indemnification

You agree to indemnify and hold Bethesda Education, Inc., the operator of The Hagwon, and its affiliates, along with their respective officers, directors, and employees, harmless from any claims, losses, damages, liabilities, costs, and expenses, including reasonable attorney's fees (collectively, a "Claim"), arising out of or relating to your use or misuse of The Hagwon service (including, but not limited to, use for any competitive purposes), breach of this agreement, or infringement, misappropriation, or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of Bethesda Education, Inc.'s willful misconduct or gross negligence. Bethesda Education, Inc. reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

14. Arbitration

Any controversy or claim arising out of or relating to The Hagwon's website, the Service, or these Terms of Use, or the breach thereof, shall be settled by final and binding arbitration administered by the Korean Commercial Arbitration Board (KCAB) in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall be conducted in Seoul, Republic of Korea, unless the parties otherwise agree in writing. You agree to arbitrate in your individual capacity only – not as a representative or member of a class – and you expressly waive any right to file a class action or seek relief on a class-action basis.

ANY ACTION OR PROCEEDING UNDER THESE TERMS OF USE WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ACTIONS AND PROCEEDINGS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS OF USE, YOU AND Bethesda Education, INC. ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

15. Entire Agreement

The Terms and Conditions of Use govern your use of The Hagwon service and constitute the entire agreement between you and Bethesda Education, Inc. They supersede any prior agreements between you and Bethesda Education, Inc. Additional terms and conditions may apply when you use the services of service providers and others. These additional terms will not reduce, diminish, or eliminate any rights Bethesda Education, Inc. possesses with respect to these Terms and Conditions of Use.

16. Payment

During the registration process on The Hagwon's website, the majority of the information we collect is used to process your orders. You will be required to provide financial details such as your credit/debit card number, expiration date, CVV code, payee name, and billing address during the order process. This information is necessary for billing purposes and to complete your order. To process your credit/debit card information accurately, we share your personal and financial details with the merchant bank for authorization and approval, all within a highly secure system. Your personal and financial information is not shared with any third parties, except as outlined in our Privacy Policy.

When initiating a transaction on our website, the card processor checks for available funds by placing a hold, or pending charge, on the amount of your intended purchase against your card. The processor then verifies the accuracy of your additional information (e.g., address, CVV2 code, expiration date) before finalizing the transaction. Incorrect entry of your address or other related details will result in a declined transaction. This procedure is standard for online transactions and is not unique to our website. It typically takes 2–5 days for the card-issuing bank to remove any pending charges that arise from unsuccessful transaction attempts.

For each successful transaction, we issue a charge, confirm the transaction on our website, and send a confirmation email to your registered email address. To view or download your payment receipt, you can log into your account on our website and select "Billing."

17. Refunds

Except as otherwise stipulated in this agreement or at the sole discretion of Bethesda Education, Inc., no refunds, cancellations, or changes to subscriptions will be permitted. Bethesda Education, Inc. reserves the right to refuse a refund if the subscriber or user is found to be in violation of this agreement or acting contrary to the interests of The Hagwon.

18. All Access Pass

With The Hagwon All Access Pass, you are granted the right to use and access all licensed materials across the entire range of courses and materials available on The Hagwon platform for the duration of your subscription period, subject to any scheduled maintenance downtime. This comprehensive access includes, but is not limited to, the Question Database and similar products, ensuring you can leverage every part of The Hagwon services under your subscription term. It's important to note, however, that the availability and scope of these services and materials are subject to change, with Bethesda Education, Inc. committed to providing prior notice of any such adjustments.

The content and features accessible with the All Access Pass, including the number of questions in the Question Database, may vary during your subscription due to content updates and changes. Despite this, The Hagwon guarantees that the Question Database and similar services will always maintain a minimum number of active questions, as detailed in their respective product descriptions. Your subscription activates immediately upon your confirmed payment, unless you specify a desired later start date to Bethesda Education, Inc. before using any licensed materials. Subscriptions are fixed for the purchased period and cannot be paused or extended for unused time.

Upon the end of your subscription period, your rights to access and use the All Access Pass services and materials will automatically expire. Additionally, this agreement and your access rights may be terminated by Bethesda Education, Inc. if you fail to comply with any terms or conditions of this agreement. Data within the Question Database will not be reset (i.e., deletion of test/performance/usage data) within the subscription term unless it meets specific eligibility criteria.

The Question Database reset option, available for eligible products, depends on the continuous, uninterrupted duration of an active subscription and does not account for previous subscriptions. A reset, which is a permanent and irreversible action, deletes all test and performance data from your account. This option is accessible directly from your account on The Hagwon website under the following conditions:

Purchasing a new subscription after a previous one has expired without renewal, retaining old data in your new Question Database; or Maintaining a continuous subscription to a specific course for 180 days or more without interruption or previous reset, granting a one-time opportunity to reset the Question Database/test information. Question Database subscriptions eligible for a reset can only undergo this process once during their active period. Once reset, no further resets are allowed, irrespective of any remaining subscription time or renewal purchases.

19. Waiver and Severability of Terms

The failure of Bethesda Education, Inc. to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use 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 the Terms and Conditions of Use remain in full force and effect.

20. Confidentiality of Communications

Except as required by law, Bethesda Education, Inc. will maintain the confidentiality of all user communications containing personal user information that are transmitted directly to The Hagwon. Any of your postings in public forums or arenas, such as message boards or chat rooms, will not be protected as confidential. Bethesda Education, Inc. may use and disclose information contained in any such postings (including any ideas, concepts, know-how, or other intellectual property) for any purpose deemed appropriate by Bethesda Education, Inc.

21. Assignment

You may not assign these Terms of Use or any rights hereunder, or delegate any duties hereunder, without Bethesda Education, Inc.'s prior written consent. Bethesda Education, Inc. may freely assign these Terms of Use and any rights hereunder or delegate any duties hereunder without your prior written consent.