Terms and conditions
Parties. wherefore the agreements of minors are generally voidable, no minor is a party to this agreement. This is an agreement between Long Island Test Prep, LLC ("Long Island Test Prep") and an adult parent or guardian ("enrollee") seeking to have a student enrolled in a course. The enrollee's student shall be referred to as "student."
Consideration. Enrollee agrees to pay Long Island Test Prep the appropriate course fee and, in exchange, Long Island Test Prep agrees to allow enrollee's student to attend the course, consistent with the course schedule and all restrictions contained herein. Enrollee agrees that student shall not be considered a third-party beneficiary of this agreement, and that the agreement is made for the benefit of enrollee, not enrollee's student.
Change of Terms of Use.
Long Island Test Prep, reserves the right, from time to time, with or without notice to enrollees, to change these Terms and Conditions in our sole and absolute discretion. The most current version will always be available on the web site. If such changes occur prior to enrollment, enrollment constitutes consent to the modified terms. If such changes occur subsequent to enrollment, enrollees will be given a reasonable opportunity to opt out of the agreement or else consent to the modified terms and conditions.
Enrollment. Enrollment in any Long Island Test Prep course is complete only upon payment of the full course fee and return of a signed copy of the enrollment agreement containing the terms and conditions specified herein. The enrollment agreement will be mailed to enrollee and/or sent home with the student at the first course meeting.
Course Fee. The course fee is listed on the Long Island Test Prep web site for each course. The course fee includes all study materials used in the course. Any additional study materials students may wish to purchase on their own, may be purchased at the enrollee's own expense and discretion. Additional study materials are not necessary.
Right of Refusal. Long Island Test Prep reserves the right to refuse to enroll a student in a course, if the student is deemed unsuitable for the class, at the sole discretion of Long Island Test Prep. In such a case, enrollee will receive a refund of the course fee, and will be notified of the refusal in advance of the course.
Refunds. Enrollee may cancel enrollment in the class and receive a full refund if Long Island Test Prep is notified of such cancellation and refund request, by phone or email, prior to three (3) days before the first class meeting, which is typically practice test 1. Enrollee may cancel enrollment and receive an 80% refund if notice of such cancellation and refund request, by phone or email, is received within three days of the first class meeting, but prior to the first class meeting. AFTER THE START OF THE FIRST CLASS MEETING, USUALLY PRACTICE TEST 1, NO REFUNDS WILL BE GIVEN, regardless of whether the student attends some, all, or none of the class sessions.
Missed Classes. Students are responsible for attending every class. Please make sure there are no conflicts, prior to registration. Every class is essential to improving scores. If students miss a class, they may request permission to make up the class at a different location. Such permission will be granted if the appropriate session is being given at a different location and if there is sufficient space (which shall be determined by Long Island Test Prep). Students may make up no more than two (2) classes at other locations.
Medical Emergencies. If a student is forced to miss a class due to a genuine medical emergency that necessitates a visit to the hospital or doctor, students should attempt to make up the missed class in accordance with the "Missed Classes" policy above. If, however, this is not possible, and upon presentation to Long Island Test Prep of written evidence of the medical emergency, Long Island Test Prep will make its best effort to provide extra tutoring to the student to help the student learn the missed material. Such extra tutoring will be performed in a manner, and for an amount of hours, deemed reasonably necessary to catch the student up to speed, at the sole discretion of Long Island Test Prep. Such tutoring will be free of charge, and may be used for no more than two (2) classes missed due to a genuine medical emergency.
Schedule. Long Island Test Prep may decide, at its sole discretion, to modify the printed or publicized schedule of any course. Examples of why this might occur, which are not exhaustive and should not be construed to limit Long Island Test Prep's right to modify the schedule for any reason, include teacher illness or emergency, inclement weather, or unexpected conflicts at the course location. If a class is cancelled. Long Island Test Prep will give reasonable notice of the cancellation and will attempt to accomodate as many students as possible in rescheduling the class. However, no refunds will be issued if a student cannot attend a rescheduled class. students in such a situation should attempt to make up the class in accordance with the provision for "medical emergencies," above.
Discipline and Student Disruptions. Students are expected to act in a reasonable manner at all times, and to refrain from disrupting the class, disrupting other students, disrespecting the teacher or class environment, or engaging in any unlawful or negligent behavior. Disciplinary problems will not be tolerated. Any list of rules could not possibly be comprehensive, but some examples of unacceptable behavior include fighting; drug or alcohol use immediately prior to, during, or immediately after class, or at class locations; habitual cursing or use of offensive language during class; disruptive talking; theft or damage of property; or refusal to follow reasonable directives from the teacher. LONG ISLAND TEST PREP RESERVES THE RIGHT TO DEMAND THE REMOVAL OF ANY STUDENT FROM CLASS IF THE TEACHER DETERMINES THAT THE STUDENT IS A DISRUPTION TO THE CLASS, OR TO PERMANENTLY EXPEL A STUDENT FROM THE CLASS, WITHOUT REFUND, IF THE TEACHER DETERMINES THAT THE STUDENT IS A DISRUPTION TO THE CLASS.
Indemnification and Waiver of Liability For student Negligence. Enrollee understands that although students are supervised by the teacher, during the class period, there may be times, such as before or after class, during breaks, or when the teacher's attention is distracted, when students are not under immediate, adult supervision. However, at all times, students are expected to act in a reasonable manner. ENROLLEE AGREES THAT LONG ISLAND TEST PREP WAIVES ALL LIABILITY FOR ANY DAMAGES OF ANY NATURE ARISING, IN WHOLE OR PART, FROM THE INTENTIONAL TORTS OR NEGLIGENCE OF STUDENTS. FURTHERMORE, ENROLLEE AGREES TO INDEMNIFY AND HOLD HARMLESS LONG ISLAND TEST PREP, ITS AFFILIATES, AND THE OWNERS OF ANY CLASS SITE, FOR ANY LIABILITY FOR DAMAGES OF ANY NATURE ARISING, IN WHOLE OR PART, FROM THE INTENTIONAL TORTS OR NEGLIGENCE OF ENROLLEE'S STUDENT.
Intellectual Property. All tests, study materials, web content, or any other written or verbal material provided to students in connection with Long Island Test Prep courses or tutoring sessions are copyrighted by Long Island Test Prep. Such materials may not be copied, reproduced, resold, modified, or used in any manner other than for personal use in connection with the Long Island Test Prep course for which enrollee has enrolled. Any visual recording, audio recording, or picture taking of classes is strictly prohibited without the express written permission of Long Island Test Prep. which will only be granted in extraordinary circumstances. Violation of this policy is grounds for expulsion from the course, without refund.
Disclaimer and Limitation of Liability.
Long Island Test Prep’s web site, content, services, information, courses, materials and each portion thereof are provided “As Is”. Long Island Test Prep makes no warranties or representations of any kind with respect to the web site, content, services, information, courses, materials and each portion thereof. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, ARE HEREBY EXCLUDED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE web site, content, services, information, courses, materials and each portion thereof OR ANY THIRD PARTY SITES or services. While we believe and have evidence that our courses lead to substantial score increases for many students, whether a student's test scores imporove, and by how much, is affected by numerous factors beyond our control. Therefore, LONG ISLAND TEST PREP MAKES NO GUARANTEE OR WARRANTY REGARDING WHETHER, OR BY HOW MUCH, A STUDENT'S TEST SCORES INCREASE OR DECREASE.
In no event, including, but not limited to, negligence, shall Long Island Test Prep or third parties be liable for any DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE , INCIDENTAL OR CONSEQUENTIAL damages of any kind arising from the use of the web site, content, services, information, courses, materials and each portion thereof, including, but not limited to, DAMAGE TO HARDWARE OR SOFTWARE, fOR LOSS OF BUSINESS OR PROFITS, LOSS OF DATA, OR THE INABILITY TO USE LONG ISLAND TEST PREP'S WEB SITE, content, services, information, courses, materials or any portion thereof, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE web site, content, services, information, courses, materials or any portion thereof RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
Long Island Test Prep MAKES NO WARRANTIES OR REPRESENTATIONS AS TO the accuracy and completeness of the INFORMATION or services PROVIDED BY THIRD PARTIES OR TO THE PERFORMANCE OR MERCHANTABILITY OF THE PRODUCTS OR SERVICES REFERRED TO. YOU AGREE NOT TO HOLD Long Island Test Prep LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE WEB SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE site, content, services, information, courses, materials or any portion thereof. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE PRIVACY OR SECURITY OF ANY INFORMATION (INCLUDING CREDIT CARD AND OTHER PERSONALLY IDENTIFIABLE INFORMATION) YOU MAY BE REQUESTED TO GIVE A THIRD PARTY.
Severability. These Terms shall inure to our benefit. If any provision of the Terms is found by a court of competent jurisdiction to be illegal, unenforceable, or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and such term is severable so that all other terms remain in full force and effect.
Complete Agreement. These Terms and any policies applicable to enrollee, posted on the web site or contained in the enrollment agreement, constitute the entire agreement between enrollee and Long Island Test Prep, and supersede all previous written or oral agreements between the parties. All rights not expressly granted herein are expressly reserved.
Choice of Law. The substantive laws of the State of New York will govern these Terms, without giving effect to any principles of conflicts of laws.