Tutoring, Test Prep, and Admissions Enrollment Agreement
This document constitutes a binding Agreement between Top Test Prep LLC (“Top Test Prep” d/b/a “Top Test Prep,” “TopTestPrep” and “TopTestPrep.com”), the “Company” and the undersigned Client/subscriber (“Client”), guardian(s) or parent(s), pursuant to the terms set forth below (the “Enrollment Agreement”):
In consideration of the promises and covenants contained in this Agreement, both Company and Client/subscriber agree to the following absolute conditions:
Company accords all of its strictest confidentiality protection. We agree not to provide your information to a third party under any circumstance not authorized by the law or by Client. We reserve the right to stop service and refund payment (pro rata) or to refuse service to anyone for any reason.
I, the undersigned Client and/or subscriber of program, certify that all work I submit to Company will be my own work and not the work of any other person. I also attest that I am an applicant in good faith who is utilizing the services of Company solely for the purpose of gaining admission to the school of my choice. I agree that I will not hold Company or its representatives liable for any denied admissions from any educational institution. Further, I agree to hold Company harmless from any academic, administrative, criminal, or civil proceedings brought about by my own negligent or intentional furnishing of misrepresentative information.
I agree that all tutors are independent contractors. I agree that the Company shall not be held liable for any actions of any independent contractor. I agree that Company shall not be held liable at any time, before, during or after a program, for any actions or non-actions by the independent contractor.
I agree that Company or any of its agents or representatives do not guarantee either admission to any educational institution, or test score improvements.
I agree that at no-time will I be eligible for a refund for services to be provided by the Company. This no refund policy is absolute.
I agree that at the sole discretion of a Company representative, that I may, although not certainly, will be offered a satisfaction guarantee (“guarantee”). In the event that such a guarantee is offered, I must complete the following requirement in order to be eligible for up to the full amount of the original program tutoring hours:
(A.) Complete all tutoring hours as prescribed by the Company.
(B.) Complete an initial diagnostic, all tests prescribed during the program, and a final Company proctored diagnostic.
(C.) Send an official score report to Company within 7 days of receiving your official exam scores. The score report must be certified and sent by a valid third party organization responsible for writing the examination.
I agree that all three conditions above, A, B and C, are mandatory prerequisites for receiving the Company guarantee. I agree that the guarantee does not apply to either the Last minute or express tutoring programs.
I agree that I have an option to purchase a maximum tutoring guarantee at the original point of sale, and that if I forego this option, I will not be eligible for any type of guarantee at any time.
I agree that for local programs in relation to the address at the bottom of this agreement, that the satisfaction guarantee “hours” will take place at this location.
I agree that the client and/or subscriber must complete their entire program within one month of the initial signup and/or payment.
All time paid for, hours, lessons and consulting expires after one month of the initial signup and/or payment.
I agree that the Company has not made any express or implied warranties of any kind.
I agree that unless I notify the Company 48 hours in advance of a session cancellation that the full lesson will be charged.
I agree that for MCAT programs, any non-digital copies of books, requested by the Client, will be charged and billed to the Client.
I agree that in my role as the Client, it is my responsibility to verify the hours worked on Basecamp or any other online tracking system established by the Company, which have been worked by the Independent Contractor.
I agree that If I do not notify the Company within 24 hours of a lesson, that there is a discrepancy in the hours worked by the Independent Contractor, these hours will be counted towards the total program.
I agree not to dispute any charges or file for a charge back against the Company, and that I will resolve any dispute only according to this Enrollment Agreement.
I agree that if I have any questions about the terms and conditions of this Enrollment Agreement, that I can call (800) 501-7737 to speak with a Company representative.
Any disputes, claims, or actions arising out of this Enrollment Agreement or any other services of Company shall be governed by the laws of the State of Delaware. Any dispute must be settled by court-ordered mediation and must take place in the State of Delaware.
Client agrees to submit to personal jurisdiction in the Delaware courts to resolve any such dispute. In the event of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting.
By submitting payment in any manner to Company, I agree, with consideration, to the full terms and conditions of this Enrollment Agreement.
Top Test Prep is a company that provides expert private tutoring, test prep courses, and admissions counseling and consulting to help students get into the best private schools, boarding schools, colleges and beyond. Additionally, we provide diagnostic exams and in-depth counseling parents and families who want to better understand and improve subjects and exams like the SSAT, ISEE, HSPT for private school admissions, SAT and ACT for college admissions, and the LSAT, MCAT, GRE, DAT and GMAT for graduate school admissions.
Use of Top Test Prep’s Website
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Top Test Prep’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Top Test Prep’s web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Top Test Prep at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Top Test Prep’s web site are provided “as is”. Top Test Prep makes no warranties, 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, Top Test Prep does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Top Test Prep or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Top Test Prep’s Internet site, even if Top Test Prep or a Top Test Prep authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Top Test Prep’s web site could include technical, typographical, or photographic errors. Top Test Prep does not warrant that any of the materials on its web site are accurate, complete, or current. Top Test Prep may make changes to the materials contained on its web site at any time without notice. Top Test Prep does not, however, make any commitment to update the materials.
Top Test Prep has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Top Test Prep of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to Top Test Prep’s web site shall be governed by the laws of the State of DE without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
(800) 501-Prep, [email protected]