A-LIST SERVICES LLC (A-LIST EDUCATION)
Terms & Conditions of Use
This shall constitute a binding agreement between you and A-List upon your and A-List’s execution of this Agreement.
Description of Service
This Site provides a variety of resources and information for users to find, engage and manage expert networks (the “A-List Service”). The Site does not provide medical, investment or legal advice, and no attorney-client or doctor-patient relationship is created between users of the Services and A-List or its licensors. This Site provides a forum for Parents to engage Experts for consultations (“Expert Services”, collectively with A-List Service, the “Services”).
Use of the Site or the Services (“Use”) is provided at the sole discretion of A-List, therefore, without notice or explanation, A-List may modify or terminate your Use at any time, for any reason or for no reason. A-List may change these policies and the fees for Services from time to time and such changes are effective immediately when posted on the Site. A-List may in our sole discretion change some or all of the services at any time. Upon introduction of a new service, the fees for that service are effective at the launch of the service. You are responsible for paying all fees associated with using the Services and the Site and all applicable taxes.
Fees and Payments
You agree to pay the applicable rates and subscribe for the number of tutoring or consulting hours set forth on the attached Purchase Order(s), which is incorporated herein by reference. You may purchase additional hours upon your verbal request or by providing a completed Purchase Order. Hourly tutoring and college advising rates vary according to the assigned tutor or advisor. Telephone consultations which exceed 15 minutes, and time spent independent of the student on college application/essay review and editing, will be billed at the standard hourly rates. Hourly rates are subject to change upon notice to you, which may be provided by e-mail notification or by posting the new rates on A-List’s website. Pre-paid rates will not be subject to change once fully paid. Payment for our services must be made immediately following each tutoring or college advising session. Tutoring packages must be fully pre-paid to be eligible to receive free bonus hours or discounted pricing. Students who enroll in our tutoring services but do not purchase a tutoring package must provide a one-time deposit equal to the applicable hourly rate. A-List will return the deposit within 14 days following the receipt of notice by you of the conclusion of the services hereunder. You agree to pay A-List for all fees and applicable taxes associated with the subscribed services in accordance with the current rates, payment terms, and policies specified herein and/or in the Purchase Order. Any outstanding charges which remain unpaid following thirty (30) days notice by A-List shall bear interest from the due date thereof to the date of payment at a rate of interest equal to one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. In addition, you will be responsible for all costs and expenses, including reasonable attorney’s fees, related to the collection of any outstanding charges due A-List.
Termination of Services by A-List; Refund and Cancellation Policy
A-List may immediately terminate the services at any time for any reason by sending notice to you at the email address you provided upon registration or such other email address as you may later provide to A-List. In the event that A-List terminates the services, you will be entitled to a pro-rated refund, pro-rated at the non-discount price, unless you have breached this Agreement. Such determination of breach will be made at A-List’s sole discretion. For pre-paid tutoring packages, you will receive a pro-rated refund, pro-rated at the non-discount price, of your payment upon termination of the services. Free tutoring bonus hours will not be reimbursed if a package is cancelled by you or A-List. The Testing & Materials Fee is non-refundable. Except for the Premium Package, college advising packages will not be reimbursed if the services are terminated by you. You will only be reimbursed for a pro-rated portion of your payment for the Premium Package if you cancel the services in writing to our email at email@example.com within 24 hours of your second in-person meeting with our college advisor. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Ownership of Materials
You acknowledge that all materials provided to you by A-List are protected copyright and are the sole and exclusive property of A-List. You agree that you will not tape record or otherwise reproduce, in any manner, any of the tutoring or counseling sessions that are provided hereunder nor will your disclose or allow another person to use or reproduce in any form any of the materials provided to you by A-list, or any notes based on the materials or on the tutoring that you receive. In the event that A-list determines that any of the aforementioned covenants have been breached, in addition to all other legal remedies, you understand that A-List may at its discretion immediately cease providing services without a refund.
Some of the content on this Site, including without limitation, the text, software, scripts, graphics, videos and the like (“Site Content”) is created and developed by Experts and provided to A-List under license for dissemination over the internet (“Expert Content”). Expert Content includes, among other things, A-List News Analyses, A-List Education Seminars workbooks, presentations and other related materials, and Expert biographical and employment information. A-List cannot guarantee and makes no representations as to the accuracy or quality of Expert Content, all of which is offered “as is.” A-List does not develop, endorse, and is not responsible for Expert Content. The use of a company or entity name in Expert biographical or employment information should not be construed as an express or implied endorsement by such company or entity of A-List. Experts are not employees of nor under the supervision of A-List. Experts have agreed to be bound by the Agreement and have represented, among other things, that they will not disclose information that is subject to a confidentiality obligation or participate in the Expert network in violation of any agreements or duties owed to employers or other third parties. A-List relies on the accuracy of these representations of the Expert and does not necessarily seek independent verification.
Tutor Availability; Rescheduling
Specific tutor requests will be honored on a first-come, first-served basis. Appointments with your chosen tutor are subject to availability. A-List will whenever possible assign the preferred tutor for pre-paid packages. Any changes to scheduled appointments must be made at least 24 hours prior to the original appointment time, and no later than Friday at 5pm for Sunday and Monday appointments. You must notify A-List by phone at 646-889-1613, or by e-mail at firstname.lastname@example.org, between the hours of 9am – 5pm EST. You will be charged for one full hour at the applicable rate if you fail to abide by this cancellation/rescheduling policy. You will forfeit the time that you miss if you are late to your scheduled appointment, with such time to be charged at applicable rates.
Student Preparation; Make-Up Tests
If applicable, you agree to complete the assigned homework prior to the subsequent tutoring session. A-List does not guarantee that make-up tests will be arranged if the student is unable to attend pre-scheduled diagnostic tests.
You understand that college advisors are prohibited from, and the services will not include, writing your college essay or mailing the application to your selected colleges on your behalf.
A-List prefers that whenever possible the parent or legal guardian of the student be present on the premises during tutoring or college advising sessions.
You agree not to disclose or attempt to use or personally benefit from any Confidential Information, defined below, you learn from the Site or Services. This obligation shall continue until such time as the Confidential Information has become publicly known through no action of your own, and shall continue after termination of the Agreement.
A-List uses commercially reasonable efforts to protect the security, privacy and confidentiality all information provided by the users of the non-public areas of the Site and during provision of the Expert Services (“Confidential Information”). As effective as those efforts may be, no security is impenetrable and we cannot guarantee the security of our database or your information, therefore, you are advised not to provide confidential information in any public forum and that use of the Site and Services is at your own risk.
For the avoidance of doubt, Confidential Information shall include without limitation: (i) the existence, title and description of any Expert Services; (ii) information about actual or potential business with any Parent or Expert; (iii) any other confidential information of A-List, Parent or Expert, and (iv) any intellectual property, including without limitation any trade secrets, know-how, or copyrighted information, of A-List, Parent or Expert.
If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any Confidential Information, you agree to promptly and diligently notify A-List and cooperate fully with A-List in protecting such information from disclosure to the fullest extent possible under applicable law.
Sessions may be recorded for quality and training purposes.
To Report A Concern About Content On The Site
If you believe that any content on the Site is unlawful, defamatory, threatening, deceptive, misleading, subject to a confidentiality obligation, or constitutes material, non-public information, notify the A-List Legal Department at Legal Department, A-List Education 29 W 36th Street, 7th Fl (b/w 5th & 6th), New York, NY 10018, main: 646-889-1613.
A-List prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent by certified mail to: A-List Education, 29 W 36th Street, 7th Fl, New York, NY 10018, Telephone: 646-889-1613.
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to A-List at the address shown above, giving a written statement that contains:
(a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address, and daytime telephone number, and an e-mail address if available;
(d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
(f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.
A-List will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU UNDERSTAND THAT A-LIST’S PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY NATURE OR KIND. A-LIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE OR KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE PRODUCTS OR SERVICES PROVIDED (INCLUDING YOUR TESTING PERFORMANCE OR RESULTS AND/OR YOUR ACCEPTANCE TO ANY COLLEGE OR UNIVERSITY), OR AND ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. A-LIST MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOUR TEST RESULTS WILL BE SATISFACTORY OR WILL IMPROVE, THAT YOU WILL GAIN ADMISSION TO ANY COLLEGE OR UNIVERSITY, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. NO ADVICE OR INFORMATION PROVIDED BY A-LIST, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL A-LIST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER A-LIST WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF A-LIST AND ITS EMPLOYEES AND AGENTS TO YOU SHALL BE THE AMOUNT OF THE FEES PAID BY YOU TO A-LIST.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless A-List and any of its subsidiaries, affiliates, managers, officers, employees, agents, distributors, third-party providers, and licensors (and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the services or your breach of any provision of this Agreement.
This Agreement and the Purchase Order(s) incorporated herein by reference, are governed by the laws of the State of New York applicable to contracts solely made and performed in New York, without regard to any applicable conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state or federal courts sitting in the State of New York in the County of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. This Agreement contains the entire agreement between you and A-List regarding the services. If any provision of this Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from this Agreement and will not affect the validity or enforceability of the remainder thereof.