SERVICES AGREEMENT

This Online Services Agreement (“Agreement”) is entered into by and between “Learn From The Best Test Prep, LLC” (“Company”, “we”, “us”, or “our”) and the Customer, (“you”, “your, “Student”, or “Parent/Guardian,” which replaces “Student” everywhere in this Agreement if Student is under the age of 18, and includes Parent/Guardian as well as any and all minors Parent/Guardian acts on behalf of), collectively referred to as the “Parties”. This Agreement governs your purchase of services and products (“Services”) from our website. By purchasing Services from our website, you agree to be bound by the terms of this Agreement.  

1. Services Description

Company provides various educational Services, including but not limited to test preparation, quiz banks and other materials, tutoring instructional hours, and online courses. Details of the Services will be reasonably close to as described on our website at the time of your purchase.  Student is required to obtain course materials at Student’s own expense unless provided by Company at its discretion.

2. License and Access

Subject to your compliance with this Agreement and your payment of any applicable fees, Company grants you a limited, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial purposes.  You must be at least 18 years of age to purchase any of Company’s Services.

3. User Accounts

To access certain features of the Services, you may be required to create an account, for which you must be at least 13 years of age. This is a separate requirement from being at least 18 years of age in order to make a purchase. You agree to provide accurate and complete information when creating your account and to keep that information up to date. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password.

4. Price of Instructional Hours/Refund Policy

You agree to pay all fees or charges to your account for the Services you purchase, in accordance with the fees, charges, and billing terms in effect at the time of purchase. All fees are non-refundable, except as required by law or explicitly stated otherwise in this Agreement. Without exception, there are no refunds for on-demand Services, including but not limited to video courses and quiz banks, once their content has been accessed either in whole or in part. Otherwise, they are fully refundable within 14 days of purchase by emailing info@thebesttestprep.com. The remainder of this paragraph applies to Services with a live instructor,  whether online or in-person. The prices of instructional hours (as opposed to on-demand Services) with an online or in-person instructor are allocated as follows: each of the first 4 instructional hours cost 25% of the instructional hours package price, and all remaining instructional hours in the package are free. Student may cancel this Agreement at any time by providing written notice to Company and Company will keep 5% of the cash price of all remaining instructional hours at the time of cancellation up to a maximum of $50 plus the cash price of the instructional hours already used.  For small groups, if a Student cancels this Agreement, then all remaining Students in the small group will be responsible for the prorated price increase per Student for all remaining instructional hours (since the price per Student increases as the size of a small group decreases) in order for the instructional hours to continue.  There is no time-limited “cooling-off period” for canceling live instructor services, which may be done at any time according to the aforementioned terms by emailing info@thebesttestprep.com. For small groups and classes, Company reserves the right to remove Student from future instructional hours and refund Student accordingly if Company at its sole discretion determines that doing so would benefit the other Students.  

5. Scheduling/Rescheduling of Instructional Hours

Instructional hours will take place on a set schedule mutually agreed to by Company and Student.  Student must provide at least 24 hours advance notice in order to cancel or reschedule an instructional hour, or the Student will be charged in full for the instructional hour. No scheduling, rescheduling, or cancellation of instructional hours can be handled by a minor or anyone other than the Student who purchased them.  For 1-on-1 tutoring and small groups, Student(s) is / are not permitted to reschedule more than 2 instructional hours per rolling calendar month; any additional instructional hours rescheduled by Student(s) will be billed in full, though Company may decide to waive  this bill at its sole discretion. Company may reschedule instructional hours on its own without restriction.

6. No Guaranteed Results/Waiver of Consequential Damages

Student acknowledges that past results do not guarantee future outcomes and that Company makes no warranties or representations that Student will achieve any specific result due to any of its Services, on-demand products, or instructional hours.  Student agrees that Company will not be liable for any consequential damages.  Student also acknowledges that instructional errors are inevitable, and agrees that Company will not be held liable for any of them or their consequential damages.

7. Limitation of Liability/Disclaimer of Warranties

In no event will the Company, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages), arising out of or in connection with the Services or this Agreement.  Student agrees that should there arise any other liability on the part of Company as a result of Company’s negligent performance to any degree, failure to perform any of Company’s obligations, or strict products liability, Company’s liability will be limited to the sum of the payments for instructional hours preceding the time such liability is fixed or $500.00, whichever is greater.  The Services are provided “as is” and “as available” without warranties of any kind, either express or implied. The Company does not warrant that the Services will be uninterrupted or error-free, nor does it make any warranty as to the results that may be obtained from the use of the Services.

8. Multimedia

Company occasionally makes video (including photographs) and/or audio copies of instructional hours, or parts thereof, and their participants, for academic and/or promotional use.  Student agrees to permit Company the full use of such media for academic and promotional purposes, and waives all rights to any compensation for such media.  In the event that participants in such media are not signatories to this Agreement, Company must obtain their prior consent in accordance with applicable law.

9. Intellectual Property Rights

All content and functionality in www.thebesttestprep.com and all of its webpages and parts both public and private (“Site”) and in our Services, including proprietary material, text, graphics, logos, icons, images, books, questions, explanations, diagrams, animations, audio, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works (collectively, the “Content”) are owned by Learn From The Best Test Prep, LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these terms, Learn From The Best Test Prep, LLC grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Site or, if applicable, the Services only for your own personal, non-commercial use.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, re-publish, download, store or transmit any of the material on the Site, Services or Content, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

If we provide social media features with certain content, you may take such actions as are enabled by such features.

Trademarks: The Site, Services and Content feature logos, company names, product names, service names, designs, slogans and other trademarks and service marks (collectively, the “Marks”) that are registered and unregistered Marks of The Best Test Prep. Nothing contained in the Site, Services or Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without written permission of The Best Test Prep. The Best Test Prep reserves all rights not expressly granted in and to the Site, Services and Content.

You agree to not:

Modify copies of any materials from the Site, Services or Content, or use any software that applies any form of artificial intelligence analysis to the Site, Services or Content, including, but not limited, to generative artificial intelligence analysis (including, but not limited, to ChatGPT, OpenAI, or any other type of artificial intelligence).

Resell, share, distribute, download, record, screenshot, copy, lease, transfer or commercially use the Site, Services or Content.

Create or attempt to create a substitute or similar service or product through the use of or access to the Site, Services, Content or any proprietary information.

Delete, deface or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site, Services or Content.

Decompile, scrape, disassemble, reverse-engineer or otherwise attempt to steal the software code of the Site, Services or Content.

Any use of the Site, Services or Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

10. User Conduct

You agree to not use the Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Services or interfere with any other party’s use of the Services. You agree to not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

11. Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, including but not limited to a breach of this Agreement.

12. Exculpatory Clause

Student agrees that Company is not an insurer and no insurance coverage is offered herein. Company is not assuming liability, and therefore will not be liable to Student or Parent for any loss, injury, or damage sustained by Student as a result of any cause whatsoever.  Student releases Company from any claims for contribution, indemnity, or subrogation.

13. Indemnity

Student agrees to and will indemnify and hold harmless Company, its officers, directors, members, managers, employees, agents, and subcontractors, from and against all claims, lawsuits, including those brought by third parties or Student, including reasonable attorney’s fees, and losses asserted against and alleged to be caused by or on behalf of Company’s intentional misconduct or negligent performance or failure to perform Company’s obligations under this Agreement.

14. Written Notices

Any written notice by Company to Student may be made by e-mail to Student at Student’s e-mail address designated in Company’s website checkout process.  Any written notice by Student to Company must be made by e-mail to info@thebesttestprep.com.  If any party’s contact information changes, then that party must provide all other Parties with written notice of the updated information.

15. Legal Action/Arbitration

THIS AGREEMENT AND THE OBLIGATIONS OF EACH PARTY HERETO WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK. ANY LITIGATION RELATING TO THIS AGREEMENT OR BETWEEN THE PARTIES HERETO MUST BE COMMENCED AND MAINTAINED EXCLUSIVELY IN ANY COURT OF COMPETENT JURISDICTION LOCATED IN THE STATE AND COUNTY OF NEW YORK. STUDENT  AGREES THAT ANY CLAIM NOT ASSERTED BY STUDENT AGAINST COMPANY WITHIN ONE YEAR AFTER ITS ACCRUAL WILL BE TIME BARRED. AS A CONDITION OF THIS AGREEMENT, STUDENT AND COMPANY (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, AND SUCCESSORS AND ASSIGNS) AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL IN ANY ACTION OR PROCEEDING INVOLVING COMPANY. STUDENT UNDERSTANDS THAT THEY ARE WAIVING THEIR RIGHT TO A JURY TRIAL VOLUNTARILY AND KNOWINGLY, AND FREE FROM DURESS OR COERCION. STUDENT  UNDERSTANDS THAT THEY HAVE A RIGHT TO CONSULT WITH A PERSON OF THEIR CHOOSING, INCLUDING AN ATTORNEY, BEFORE SIGNING THIS DOCUMENT. STUDENT AND COMPANY AGREE THAT STUDENT AND COMPANY MAY BRING CLAIMS AGAINST ONE ANOTHER ONLY AS AN INDIVIDUAL, AND NOT AS A PLAINTIFF OR class ACTION MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. STUDENT UNDERSTANDS THAT INSTEAD OF SUING OR BEING SUED IN COURT, STUDENT AND COMPANY MAY SETTLE DISPUTES ONLY BY ARBITRATION. THE RULES IN ARBITRATION ARE DIFFERENT. THERE’S NO JUDGE OR JURY, THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS, AND OTHER DISCOVERY IS GENERALLY MORE LIMITED THAN IN COURT PROCEEDINGS, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT AS A COURT WOULD. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. STUDENT AGREES THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. STUDENT AGREES THAT ANY DISPUTE BETWEEN STUDENT AND THE COMPANY, INCLUDING BUT NOT LIMITED TO THE SCOPE OF THIS ARBITRATION CLAUSE AND ISSUES OF ARBITRABILITY, OR ANY DISPUTE RELATING TO THIS AGREEMENT OR BASED ON A FEDERAL OR STATE STATUTE (EXCEPT WHERE PROHIBITED BY LAW), MAY, AT THE OPTION OF EITHER STUDENT OR COMPANY, BE RESOLVED BY ARBITRATION ADMINISTERED BY ARBITRATION SERVICES, INC. UNDER ITS ARBITRATION RULES, WHICH ARE INCORPORATED BY REFERENCE AS IF SET FORTH FULLY HEREIN AND AVAILABLE AT WWW.ARBITRATIONSERVICESINC.COM, AND MAY BE REQUESTED BY LETTER TO ARBITRATION SERVICES, INC., 7600 JERICHO TURNPIKE, SUITE 402, WOODBURY, NEW YORK 11797, BY FAX AT (516) 364-3456, OR BY TELEPHONE AT (516) 364-1730. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. STUDENT CONSENTS TO RECEIPT OF PROCESS IN ANY LEGAL PROCEEDINGS BY THE SAME METHOD OF WRITTEN NOTICE AS PERMITTED BY THIS AGREEMENT.

16. Full Agreement/Severability

This Agreement, together with the Terms and Conditions and Privacy Policy of Company’s website, constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter. This Agreement may be amended only by a written agreement signed by authorized representatives of both Parties. Should there arise any conflict between this Agreement and any other document, this Agreement will govern. If any provision of this Agreement is deemed invalid or unenforceable as written, it will be construed, to the greatest extent possible, in a manner which will render it valid and enforceable, and any limitation on the scope or duration of any such provision necessary to make it valid and enforceable will be deemed to be part thereof. Should any provision of this Agreement be deemed void, all other provisions will remain in effect.  NOTICE TO STUDENT: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU THOROUGHLY READ IT OR IF IT HAS ANY BLANK SPACE TO BE FILLED IN; (2) YOU HAVE A RIGHT TO GET A FILLED-IN COPY OF THIS AGREEMENT BY EMAILING INFO@THEBESTTESTPREP.COM. STUDENT ACKNOWLEDGES THAT THEY HAVE READ ALL PAGES OF THIS AGREEMENT AND THAT IF THEY HAVE REQUESTED A FILLED-IN COPY OF IT, THEY HAVE RECEIVED IT. IF STUDENT BELIEVES ANY PROMISES OR AGREEMENTS WERE MADE BY COMPANY OR ANY OF ITS WORKERS THAT ARE NOT SET FORTH IN THIS AGREEMENT, STUDENT SHOULD NOT SIGN THIS AGREEMENT.

Contact Information

If you have any questions about this Agreement, please contact us at:

Learn From The Best Test Prep, LLC
2248 Broadway #1112

New York, NY 10024

info@thebesttestprep.com

By purchasing Services from our website, you acknowledge that you are at least 18 years of age, and have read, understood, and agree to be bound by the terms of this Agreement, our privacy policy and terms and conditions. 

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(Must be at least 18 years of age)