Terms and Conditions
Effective Date: January 4, 2019
This website is operated by IES Test Prep LLC. Throughout the site, the terms “we”, “us” and “our” refer to IES Test Prep LLC. IES Test Prep LLC offers this website, including all information, tools and services available from this site and any of our physical locations to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Wix Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, harm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall IES Test Prep LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless IES Test Prep LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 355 Main St, Metuchen, NJ, 08840, United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. This Terms of Service is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site, at www.iestestprep.co/tandc.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
SECTION 21 - RETURNS
You understand that there are NO REFUNDS and that all sales are FINAL.
SECTION 22 - COURSE REGISTRATION
You understand that you, refers to you as a client, being the parent and/or guardian, and student that each registers for an IES Test Prep course.
Please read all the following terms and agreements. You as a client of ours must agree to this agreement to register for any course, program, or lesson though this website.
COURSE TERMS AND AGREEMENTS
All rules listed under Terms and Agreements apply to the student and parents or legal guardian.
Client, student and parents or legal guardian understand that there are NO REFUNDS and that all SALES are FINAL.
Cancellation Fee - a cancellation fee will apply to the following:
Courses: If a student wishes to quit or move to a different course that begins in a different month, the student will receive a 85% tuition of the remaining course days in the form of credit. This credit can be used toward any future IES, our, programs or may be transferred to a sibling or another student. Any remaining balance must be paid prior to the first day of the new course/program. Please keep in mind that course prices change throughout the year.
Bridge Program and Private Lessons: If given less than 24 hours notification, a $150 rescheduling fee must be paid prior to the rescheduled lesson.
Consultation Fee: There is a $150 consultation fee which includes administering and scoring a diagnostic test (4.5 hours), and a brief meeting (30 minutes). This fee is waived if the student registers for the diagnostic test's corresponding IES program.
IES and NOT the parent or guardian of the student will be the deciding factor on who the teachers are, based on the student's performance. When a student enrolls in a Premium course, the designated Premium teachers will teach the Premium course.
Student may not request a change in teachers or a change in schedule.
Private lesson students (bridge students): one make up class only will be offered if a notice of at least 48 hours in advance has been given to administration. These make up classes may not be with your original private lesson teacher. You may be given a make-class with one of our other teachers. Private lesson students are only allowed (1) make up per term of private lessons (bridge lessons).
SAT Course Students: administration has the right to deny any make up classes. The following are options:
If available, the student may attend a corresponding class that is preparing for the same SAT test date as the primary class (i.e. Saturday Dec-SAT students may attend the corresponding Sunday Dec-SAT class) OR ...
Ask administration about discounted private lesson or small group rates for make up lessons.
Client understands that if clients has a class or lesson with any teacher and if the teacher is sick or cannot teach, the lesson may not be cancelled, but may continue as scheduled with another teacher.
Client understands that IES may change teachers without notice at any time.
Client understands that client may not solicit IES teachers for personal tutoring or schedule a lesson at IES without booking though IES administration.
Client understands that all bookings must be done with an IES administration.
Client understands that client's workshops end when client's course or bridge program, and that if client wants to extend client's workshops, client must enroll in another course, or bridge program.
Client understands that IES Test Prep is a technique based curriculum and that if student does not properly apply technique, IES Test Prep cannot guarantee they will see a score increase.
Client understand that client must take a test prior to my first day of class, whether it is a private lesson, bridge program, or a course.
Client understands that parents are not permitted to sit in on classes and that any communication between a parent and a teacher must be done via email.
Client understands that client must purchase and have all the required book and materials on the first day of class, private lessons, or bridge program.
Essay Release: Client authorizes IES to republish anonymously any essay the student has written while enrolled at IES.
Confidentiality Clause: Client understand that IES cannot be held responsible for the student's score improvement if student studies with another test prep program during an IES program.
Media Release: Client understands that IES may take pictures of students during their program at IES. There pictures may be used for promotional purposes. If the student is not interested, it is the student's responsibility to exclude themselves at the time the photo is taken. Client understands that if student receives a perfect score on his or her test (SAT, ACT, etc ...), student will be listed on localized press releases and have student's picture taken.
CLIENT CONFIDENTIALITY AGREEMENT
In connection with your use of the services provided by Integrated Educational Services (hereinafter “the Company”),
you will be exposed to and have access to information concerning Course Material including but not limited to:
1. COURSE WORKBOOKS;
2. HOMEWORK EXERCISES;
3. WORKSHOP EXERCISES; and
4. PUBLICATIONS (which include any version of publication whether readily available through retail or not)
All Course Material as defined above is deemed by the Company to be of a proprietary, secret and confidential nature. For purposes of this Agreement, Company Course Material is deemed proprietary to the Company and shall be referred to as “Confidential Information”.
The purpose of this Agreement is to set forth and establish the understandings of the Company and you, as the Client (“Client” which includes both student and parents/ legal guardians), with regard to the disclosure to and use of Confidential Information by Client and to safeguard Confidential Information from access to and use by third parties and the public at large.
Disclosure and use of Confidential Information includes but is not limited to:
1. Leaving any Course Material unattended and readily available for theft and/or possession.
2. Physical copying (photocopy, handwritten, etc...) and/or distribution of Course Material for use outside of IES teaching services.
3. Electronic and/or Digital copying (email, pictures, downloading, etc...) and/or distribution of Course Material for use outside of IES teaching services.
4. Replication and/or distribution of Course Material in any form that is not explicitly defined by this Agreement.
Should any of this Confidential Information be exposed to third parties or the public at large because of the Client or because of you or your actions, this will be grounds for immediate termination of provision to you of any Company services and/ or products. Any existing agreement with you for services will be considered null and void and no refund of fees for such services will be rendered to you.
If any provision or any portion of any provision of this Agreement shall be held invalid or unenforceable, the remaining portion of such provision and the remaining provisions of the Agreement, shall not be affected thereby and such provision or portion of any provision as shall have been held invalid or unenforceable shall be deemed limited or modified to the extent necessary to make it valid and enforceable and in no event shall the Agreement be rendered void or unenforceable.
Client acknowledges and agrees that money damages would not be a sufficient remedy for any breach of this Agreement and in the event Client directly or indirectly breaches or threatens to breach this Agreement, the Company shall be entitled to injunctive relief, in addition to any other remedy at law or equity against Client and the Company if successful in the assertion of such claim, shall be entitled to reimbursement from Client for the Company’s court costs and reasonable attorney’s fees incurred therein.
The restrictions in this Agreement on the use of or disclosure of Confidential Information shall apply during and, for a period of five years after services to Client have been completed by the Company.
No failure or delay by the Company in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
This Agreement shall be construed in accordance with the laws of the State of New Jersey (without giving effect to the conflicts of laws principles thereof).
This Agreement shall be binding upon and inure to the benefit of the successors of each of the Company and Client. Neither party may assign its rights hereunder.
Client acknowledges the confidential and proprietary nature of the Confidential Information and agrees to hold and keep the Confidential Information as provided in this Agreement, and otherwise agrees to each and every restriction and obligation in this Agreement.