TERMS AND CONDITIONS
These legally binding terms and conditions govern the coaching services (the "Services") that InsideTrack, Inc. ("InsideTrack") provides to you. By receiving the Services, you acknowledge and agree to these terms and conditions.
1. COACHING SERVICES. The Services will be provided (a) according to the terms of your school's service contract with InsideTrack (if you are receiving Services through your school), or (b) for as long as the fees on your account remain current (if you are receiving Services as an individual customer). During the term of the Services, you will have access to an InsideTrack coach (your "Coach") for consultations on academic performance, time management, goal-setting, and other related topics. Consultations will be held by phone or in person, at approximately the frequency defined in your or your school's Election Materials. You, your school, and InsideTrack acknowledge that the number of monthly meetings described in the Election Materials is a target, and that you and your Coach may arrange more or fewer meetings based on your individual schedule and your Coach's assessment of your needs. Consultations held by phone may be recorded by InsideTrack for quality assurance purposes and for internal training.
2. FEES. Any fees due from you for the Services provided by InsideTrack will be billed to you through your school. We reserve the right to suspend or terminate the Services if you fail to pay any fees when due.
3. PERSONAL INFORMATION. From time to time in the course of performing the Services, InsideTrack may require access to certain of your personal information, including but not limited to enrollment, registration, and recorded call information. InsideTrack will only use or disclose your personally-identifiable information in compliance with applicable regulation or as described in our Privacy Policy (available at: https://www.righttrack.net/PrivacyPolicy.aspx).
4. TERMINATION. Unless otherwise agreed by InsideTrack and you, the term of the Services will continue until (a) you elect to discontinue by the cancellation date described in the InsideTrack materials provided to you upon your election to participate in the Services (the "Election Materials"); or (b) the termination of InsideTrack's obligation to provide the Services to you under InsideTrack's agreement with your school. Your discontinuation of the Services will not entitle you to a refund of any fees paid before the effective date of termination unless otherwise described in the Election Materials. In addition, InsideTrack may terminate the Services (i) immediately if you breach any of these terms and conditions (including by failing to pay the applicable fees), (ii) immediately upon the termination or expiration of the agreement with your school pursuant to which InsideTrack has been engaged to provide the Services to you (if you are receiving the Services through your school); or (iii) upon 30 days' notice to you for any other reason.
5. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. Unless InsideTrack informs you otherwise, InsideTrack and its suppliers retain exclusive ownership of all materials that are supplied to you in connection with the Services. There are no implied licenses granted under these terms, and all rights not expressly granted to you are reserved by InsideTrack.
6. DISCLAIMERS. You understand that you are solely responsible for any decisions you make based on advice from your Coach, and InsideTrack shall have no liability or responsibility for any acts or omissions arising in connection with such advice. InsideTrack makes no representations, warranties, or guarantees as to the results or consequences arising from or relating to the Services, or as to any advice or counsel received from your Coach. You understand and agree that the Services do not constitute (and are not a substitute for) psychological, legal, financial, or medical counseling, or any type of therapy. In the event that you require professional advice, counseling, or therapy, it is your responsibility to seek the assistance of a licensed professional.
INSIDETRACK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ALLEGED TO ARISE AS A RESULT OF CUSTOM AND USAGE. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND INSIDETRACK WILL HAVE NO LIABILITY WITH RESPECT TO THE QUALITY OR SUFFICIENCY OF THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INSIDETRACK MAKES NO REPRESENTATIONS REGARDING ANY LEVEL OF ACADEMIC, PERSONAL, OR PROFESSIONAL ACHIEVEMENT THAT MAY RESULT FROM THE SERVICES, AND WILL NOT BE LIABLE FOR ANY FAILURE OF THE SERVICES TO MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE ANY IMPLIED WARRANTIES SHALL BE LIMITED TO THE MINIMUM SCOPE AND PERIOD PERMITTED BY LAW.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL INSIDETRACK BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS AND CONDITIONS, EVEN IF INSIDETRACK KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. INSIDETRACK'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID TO INSIDETRACK FOR PROVIDING THE SERVICES TO YOU. YOU ACKNOWLEDGE THAT THESE TERMS REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS, AND THAT THIS ALLOCATION OF RISK REPRESENTS THE BASIS OF THE BARGAIN BETWEEN YOU AND INSIDETRACK. THE PARTIES AGREE THAT THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
8. INDEMNIFICATION. You agree to indemnify and hold InsideTrack harmless from and against any liabilities, losses, damages, costs and expenses incurred by InsideTrack arising from or related to your use of the Service or your breach of these terms and conditions.
9. GENERAL. This Agreement shall be governed by the laws of the State of California, without giving effect to any conflicts of laws principles that would require the application of the law of a different jurisdiction. InsideTrack may assign this Agreement to (a) its parent, subsidiary, or other corporate affiliate; (b) an acquirer of all or substantially all of its assets; or (c) a successor by merger. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement shall not be affected. The failure of either party at any time to enforce any of its rights under this Agreement will in no way be construed to be a waiver of such rights, or to affect the validity of these terms. This Agreement constitutes the complete and exclusive statement of the agreement of the parties with respect to the Services and supersedes all prior oral and written proposals, representations, marketing brochures, or other communication related to either of these things.
By clicking submit, I acknowledge that I am 18 years of age or older, that I have read and agree to the terms and conditions and I understand the fee for this service will appear on my student bill.
