TERMS OF SERVICE 

These Terms of Service (“Terms”) are entered into by and between the customer, meaning the parent, legal guardian, or adult student who has signed the Customer Enrollment Form, either in-person or online via Achieve.education(“You” “your” or the “Student”), and Achieve Education LLC, a California limited liability company (the “Company” “us” or “we”). The following Terms, together with the Customer Enrollment Form and the Company’s Privacy Policy found at Achieve.education which are hereby incorporated by reference, collectively govern your access to and use of the Achieve.education (the “Website”), as well as the terms and conditions of your agreement with the Company to provide essential coaching and learning skills to the Student (“Services”).

 

Prior to using this Website or our Services, it is important for you to know and understand that by visiting the Website and/or using the Services, you are agreeing to accept certain liability limitations and legal waivers, disclaimers, and other important information regarding your legal rights, as further explained throughout these Terms. In other words, your use of the Website and the Services is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Services or your use of the Website.

 

IF YOU DO NOT UNDERSTAND, ACCEPT, ACKNOWLEDGE, AND AGREE TO BE BOUND BY ALL OF THESE TERMS, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL LEGAL WAIVERS, DO NOT USE THE WEBSITE OR THE ACHIEVE EDUCATION LLC SERVICES AND PROMPTLY EXIT THIS WEBSITE AND CANCEL YOUR SERVICES WITH US.

 

To comply with legal requirements and/or to meet our changing business needs, these Terms may change over time. We reserve the right to amend these Terms at any time and for any reason. The date of the last revision to these Terms will be indicated by the “Last Reviewed” date at the top of this page. Your continued use of the Services and this Website after the Last Reviewed date is deemed to be acceptance of any changes, so please check periodically for updates.

 

1.  ELIGIBILITY

 

The Services are offered and available to users who are 18 years of age or older, or who have the express written consent from their parent or legal guardian to use the Services. If you are under the age of 18 and do not have the express written consent from a parent or legal guardian, you may not use the Services. Your parent or legal guardian is responsible for monitoring and supervising your use of this Website and our Services. If you are a parent or legal guardian of a Student who is using our Services without your express written consent, please contact us immediately at [email protected] so that we can terminate your child’s Services with us and disable your child’s account.

 

You must have a fully functional computer or other device with hardware and software capable of receiving emails, attending online sessions, downloading and reading any correspondence between you and us, and storing the same on your computer. We are not responsible for any third-party software used in connection with our Services and accordingly, you acknowledge and agree that these Terms are between you and us only and do not govern the use of any other third party or their software. It is our expectation that Students will have a strong internet connection to support online sessions, and have ample lighting and sound quality to effectively participate in online sessions. In the event of internet connectivity issues during a session caused by our coaches, we will ensure that the Student receives the full amount of coaching time scheduled, either by continuing past the scheduled end time, rescheduling for a different time, or refunding the Student for the session. If the internet connectivity issue is caused by the Student, we will not provide any credit for the missed time, and coaches will not extend the affected session, nor reschedule or refund the Student.

 

2.  SESSIONS

 

We offer our Services through either online or in-person coaching sessions (“Sessions”) in accordance with the number of hours or partial hours identified on the Customer Enrollment Form. Our Sessions are for the adult student and/or parent or legal guardian who signed the Customer Enrollment Form and agreed to these Terms. The class time is fixed by agreement between you and us and cannot be changed except pursuant to these Terms. If you are unable to attend an online session, you can always review the recording of the session at a later time. These recordings will be made available to all registered students within Twenty-Four (24) hours of the class session. For in-person sessions, the Student may request that these Sessions are recorded within Forty-Eight (48) hours of the time the Session is set to begin and we will use our reasonable best efforts to accommodate such request. The Sessions will be run with a minimum of One (1) Student and a maximum of 20 Students. Sessions are filled on a first-come, first-served basis. If more than 20  Students register, we may initiate a waiting list.

 

If Sessions are in-person and the Student is under the age of 18, a parent or legal guardian must be present for the entirety of the Session. If Sessions are online and the Student is under the age of 18, a parent or legal guardian will be invited to create their own accounts, which will include specific details regarding the Student’s future academic intentions or coaching plans, and we will discern a Student’s needs and/or create a coaching plan. All online Sessions are recorded by Achieve Education but not by the end user in accordance with our Privacy Policy located at Achieve.education

 

It is our expectation that the Student as well as our selected coach will conduct themselves in a professional manner throughout the entirety of the Sessions. Please note that all online Sessions will be recorded. Therefore, we wish to set out and maintain these standards of conduct for the benefit of the Student, their Session, as well as for our internal procedures. Accordingly, at all times the Student and Achieve Education agree to: (i) dress appropriately during the Sessions; (ii) avoid the use of coarse, harmful, or leud language during the Sessions; (iii) arrive on-time, and prepared to have a productive Session; and (iv) ensure that the environment for in-person Sessions are maintained in a safe, appropriate manner free of harm and potential dangers (including without limitation to removal of any sharp objects, derogatory or harmful messages or signage, dangerous household animals, etc.) If the coach feels that the Student or the Student’s parent or legal guardian are not abiding by these codes of conduct, then we reserve the right to immediately terminate the Session and all future Sessions in our sole discretion. In such an event, all unused Session hours will be refunded to the Student.

 

3.  Term and Termination

 

These Terms are effective starting on the Effective Date and binding on you the date you first enroll in the Services by signing the Customer Enrollment Form either online or in-person (“Term”). The Term shall continue as long as you are enrolled in the Services and/or have an account registered with us. Sessions, on the other hand, commence on the first day of coaching and terminate automatically at the expiration of the number of hours identified on the Customer Enrollment Form, unless otherwise extended or terminated pursuant to these Terms.

 

You may delete your account at any time. We also reserve the right to disable any Student account at any time for any or no reason at all, including if, in our opinion, you have violated any provision of these Terms or our Privacy Policy. If we  delete your account for any reason, you may not re-register for the Services without our prior written consent. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

 

Although you may not be currently enrolled in a Session, or actively participating in our Services, your account will remain active on this Website until terminated by either party in accordance with these Terms. Absent termination by either party, these Terms shall be binding on you and remain in full force and effect. After the Services are terminated for any reason, all of these Terms, including the Privacy Policy, survive such termination and continue in full force and effect, except for those terms that by their nature expire or are fully satisfied.

 

4.  PAYMENT; MODIFICATION; RENEWAL

 

Customers will be prompted to provide payment information when enrolling in the Services. Pursuant to the coaching plan created for the Student and in accordance with the number of Session hours or partial hours identified on the Customer Enrollment Form, we will provide a cost estimate for the Services. Payments are paid on a per-hour basis in accordance with the number of Session hours or partial hours we provide, at the hourly rates specified in the Customer Enrollment Form. The Student may choose to renew, extend, or otherwise modify the Services and/or any Sessions with the consent of both parties, and with at least a Forty-Eight (48) hours’ notice to us. We and the Student acknowledge and agree that the debit or credit card associated with the Student’s account may be charged accordingly for any renewal or other modification.

 

If the Student, their parent, or legal guardian accepts the cost estimate identified on the Customer Enrollment Form by enrolling in our Services, they are obligated to settle all fees, paid in advance, via cash or a secure online payment before the first Session commences. Payments  may be adjusted and you may be charged more or less than the amount identified on the Customer Enrollment Form as a result of (i) additional Services performed by us; (ii) unfinished Sessions; (iii) arriving late to Sessions; or (iv) being absent from a Session. Any non-sufficient funds (NSF) payment may result in the termination of the Services and all future Sessions in our sole discretion. Additionally, declined credit cards and stopped payments shall be deemed NSF payments. A replacement payment by cash or certified or cashier’s check plus an NSF fee of Thirty-Five dollars ($35) must be received by Achieve Education within five (5) business days following the date that the Customer receives the NSF notification.

 

5.  COACHES

 

Our Services are conducted through the use of qualified, professional coaches designed to assist the Student in developing essential learning skills in the specific areas of study identified on the Customer Enrollment Form. We will use our commercially reasonable efforts to place you with a suitable coach for your specific learning goals. However, due to schedules and time constraints, as well as certain factors outside our control, you acknowledge that a specific coach may not be available for your Session. Accordingly, you agree that changes in coaches may be made in our sole discretion and without notice. Any concerns you may have with a coach should be noted and discussed with us as soon as possible. We are happy to work to provide a resolution to any issue you may have with us or our coaches.

 

There will be no agreement or contract between you and our coaches. Instead, your rights and obligations relating to the Sessions, and our Services are solely between you and us. Our coaches are either employees or independent contractors of Achieve Education LLC. Accordingly, during the term of your Sessions and for a period of Twelve (12) months thereafter, you may not, directly or indirectly, acquire or solicit to acquire any Services or additional Sessions directly from your coach.

 

6.  Accessing the Website and Account Security

 

We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

 

You are responsible for both: (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide either in-person or on the Website is true, correct, current, and complete. You acknowledge and agree that all information you provide to us is governed by our Privacy Policy found at Achieve.education, and you consent to all actions we take with respect to your information, consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password or any other piece of information as part of our enrollment process, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge and agree that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you will exit from, and appropriately sign out of, your account at the end of each online Session. You should use particular caution when accessing your account from a public network or shared computer so that others are not able to view or record your password or other personal information.

 

7.  Intellectual Property Rights

 

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, 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 system’s browser for display enhancement purposes.
• You may print copies of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

You must not:

 

• Modify copies of any materials from this Website.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
• Access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or your account in breach of these Terms, your right to use the Website will cease immediately and you must, in our sole discretion, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted herein are reserved by the Company. Any use of the Website not expressly permitted by these Terms is considered a breach of these Terms and may violate federal copyright, trademark and other intellectual property laws.

 

If you wish to make any use of material on the Website other than that as set forth in these Terms, please address your request to: Achieve.education

 

8.  Trademarks

 

The Company name, logo, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written consent of the Company, such consent to be in the sole discretion of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

9.  Prohibited Uses

 

You may use the Website only for lawful purposes and in accordance with these Terms.

 

You agree not to use the Website:

 

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm any person, including our coaches or other Achieve Education representatives, in any way by exposing them to inappropriate or leud content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, in our sole discretion, may harm the Company or users of the Website or expose them to liability.

 

10.  Linking to the Website and Social Media Features

 

You may link to our homepage, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in any way that suggests any form of association, approval or endorsement on our part without our prior, express written consent.

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

11.  considerations for non-u.s. users

 

The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and at your own informed risk, and are responsible for compliance with local laws.

 

12.  DISCLAIMERS

 

You understand that we cannot and do not guarantee or warrant specific results from your coaching Sessions. We provide no guarantee regarding Students’ scores, test results, letter grades, or grade point averages, nor do we guarantee that any action or inaction taken in accordance with the advice of your coach will produce the desired end result. Therefore, you acknowledge and agree that any and all outcomes derived from your Sessions are solely your responsibility and not the responsibility of us or our coaches.

 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

13.  Limitation on Liability

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, COACHES, EMPLOYEES, AGENTS, MEMBERS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

14.  INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of: (a) your use or attempted use of the Website or any content contained therein; (b) your violation of any law or rights of any third party; and (c) any act or omission by you which is a breach of your obligations under these Terms.

 

You will have the right to defend and compromise such claim at your expense for the benefit of the Company; provided, however, that you will not have the right to obligate the Company in any respect in connection with any such settlement without our prior written consent. Notwithstanding the foregoing, if you fail to assume your obligation to defend, the Company may do so to protect its interests and you agree to reimburse all costs incurred by us in connection with such defense.

 

15.  Governing Law and Jurisdiction

 

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego and County of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, including objections that the case is brought in an inconvenient forum.

 

16.  Arbitration

 

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

 

17.  Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

18.  Waiver and Severability

 

No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, nor a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

 

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will remain in full force and effect.

 

19.  Entire Agreement

 

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Achieve Education LLC with respect to the Website, our Services, your Sessions, and the subject matter contained herein and therein, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter.

 

20.  Your Comments and Concerns

 

This website is operated by Achieve Education LLC, a California limited liability company. Any notices described in these Terms and our Privacy Policy shall be in writing, and either (i) personally delivered to an agent or representative of Achieve Education; (ii) emailed to [email protected]; or (iii) delivered via United States mail, postage prepaid and return receipt requested, to the following address:

 

Achieve Education LLC

ATTN: Legal Department

960 Canterbury Place, Suite 110

Escondido, CA 92025

 

All other feedback, comments, requests for technical support, and other communications relating to these Terms, the Website, our Services, or your Sessions should be directed to: [email protected]