Professional Services Terms and Conditions
TERMS AND CONDITIONS OF USE
This shall constitute a binding agreement between you and CollegePrep Lab upon your and CollegePrep Lab’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 (“CollegePrep Lab 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 CollegePrep Lab or its licensors. This Site provides a forum for Parents to engage Experts for consultations ( Expert Services, collectively with CollegePrep Lab, Services).
Use of the Site or the Services (“Use”) is provided at the sole discretion of CollegePrep Lab, therefore, without notice or explanation, CollegePrep Lab may modify or terminate your Use at any time, for any reason or for no reason. CollegePrep Lab may change these policies and the fees for Services from time to time and such changes are effective immediately when posted on the Site. CollegePrep Lab 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 CollegePrep Lab’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. CollegePrep Lab 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 CollegePrep Lab 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 CollegePrep Lab 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 CollegePrep Lab.
TERMINATION OF SERVICES BY COLLEGEPREP LAB; REFUND AND CANCELLATION POLICY
CollegePrep Lab 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 CollegePrep Lab. In the event that CollegePrep Lab 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 CollegePrep Lab’s sole discretion. For pre-paid advising or tutoring packages, you will receive a pro-rated refund, pro-rated at the non-discount price, of your payment upon termination of the services. Tutoring hours will not be reimbursed if a package is cancelled by you. The Testing & Materials Fee is non-refundable. Except for the Premium Package such as a 4 year program, college advising or coaching packages will not be reimbursed if the services are terminated by you. Any remaining funds or services will be transferred to the next oldest sibling. In the event there is no sibling funds will only be reimbursed for a pro-rated portion of your payment for the Premium Package/4 year plan if you cancel the services in writing to our email at collegepreplab.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 CollegePrep Lab are protected copyright and are the sole and exclusive property of CollegePrep Lab. 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 CollegePrep Lab, or any notes based on the materials or on the tutoring that you receive. In the event that CollegePrep Lab determines that any of the aforementioned covenants have been breached, in addition to all other legal remedies, you understand that CollegePrep Lab 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 CollegePrep Lab. CollegePrep Labs Content includes, among other things, CollegePrep Lab’s Education Seminars workbooks, presentations and other related materials, such as biographical and employment information. CollegePrep Lab cannot guarantee and makes no representations as to the accuracy or quality of content, all of which is offered “as is.”CollegePrep Lab team members 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 violation of any agreements or duties owed to employers or other third parties. CollegePrep Lab relies on the accuracy of these our team members and does not necessarily seek independent verification.
TUTORING AVAILABILITY; RESCHEDULING
Specific tutor requests will be honored on a first-come, first-served basis. Appointments with your chosen tutor are subject to availability. CollegePrep Lab will whenever possible assign the preferred tutor for pre-paid packages. Any changes to scheduled appointments must be made at least 48 hours prior to the original appointment time, and no later than Friday at 5pm for Sunday and Monday appointments. You must notify CollegePrep Lab by phone at 248-274-9917, or by e-mail at collegepreplab.com 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.
You understand that college advisors are prohibited from, and the services will not include, writing your college essay, guarantee or accept money to guarantee admission to ANY college or university, or mailing the application to your selected colleges on your behalf.
CollegePrep Lab 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.
CollegePrep Lab 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 CollegePrep Lab, Parent or Expert, and (iv) any intellectual property, including without limitation any trade secrets, know-how, or copyrighted information, of CollegePrep Lab, 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 CollegePrep Lab and cooperate fully with CollegePrep Lab in protecting such information from disclosure to the fullest extent possible under applicable law.
YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU UNDERSTAND THAT COLLEGEPREP LAB’S PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY NATURE OR KIND. COLLEGEPREP LAB 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. COLLEGEPREP LAB 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 COLLEGEPREP LAB, 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 COLLEGEPREP LAB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER COLLEGEPREP LAB 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 COLLEGEPREP LAB AND ITS EMPLOYEES AND AGENTS TO YOU SHALL BE THE AMOUNT OF THE FEES PAID BY YOU TO COLLEGEPREP LAB.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless CollegePrep Lab 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 Michigan applicable to contracts solely made and performed in Michigan, 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 Michigan in the County of Michigan, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. This Agreement contains the entire agreement between you and CollegePrep Lab 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.
Last Modified: March 2019
Site Terms and Conditions; Modifications
These Terms and Conditions govern your use of the http://collegepreplab.com/ Your use of the Site constitutes your agreement to abide by the provisions of these Terms and Conditions. We may from time to time modify the Terms and Conditions by posting revised Terms and Conditions on the Site. Your continued use of the Site after any such modification indicates your agreement to the new terms.