KNOWLEDGE GUIDES TERMS AND CONDITIONS
By visiting this website and purchasing programs from Knowledge Guides, you (“Client”) agree to the following Term and Conditions. These Terms and Conditions, as well as any prices may be updated from time to time at the sole discretion of Knowledge Guides, without notice, and the prices listed may not reflect the current prices. Contact Knowledge Guides for current pricing and program offerings.
As stated herein “Client” includes individuals purchasing programs from Knowledge Guides and also includes minors receiving services where applicable. If Client does not agree to these Terms and Conditions, Client must notify Knowledge Guides in writing within seventy-two (72) hours of purchasing the services offered by Knowledge Guides. Failure to object to these Terms and Conditions in this prescribed manner constitutes acceptance on Client’s part of the following Terms and Conditions. You must be at least 18 years of age to purchase programs from Knowledge Guides unless you have been emancipated, if you are under 18 years of age, a parent or legal guardian must purchase the programs on your behalf.
I. Tuition and Fees:
- Consideration: Client agrees to pay tuition as stated below for any selected program(s) prior to the first session(s). Failure to pay tuition when due may result in the client being refused admittance to the session(s).
- Payment Terms: Client agrees to pay one-half (1/2) of the tuition for each individual program purchased prior to the first session. Client further agrees to pay the remaining portion prior to the half-way point of the expected program duration or within two (2) months following the start of the session, whichever occurs earlier. SAT/ACT programs are a package and are non-refundable if the program is not finished.
- Minimum Session Time: Client agrees that the minimum session shall be one (1) hour and Client will be billed for a minimum of one (1) hour in the event the session is less than one hour. Client further agrees that sessions longer than one (1) hour shall be billed in one-half (1/2) hour increments.
- Returned/Dishonored Check Fee: Payments tendered by check which are returned for insufficient funds will result in Client being refused admittance to any sessions until payment is made to Knowledge Guides in a method approved by Knowledge Guides. Client agrees to pay Knowledge Guides a returned-check fee of $25.00 in the event of such occurrence.
- Late Payment Fee: In the event Client fails to tender payment in accordance with the timeframe set forth in Paragraph 2 above, an additional late payment fee of 3% per month will be incurred on the balance due and owing.
- Cancellation: Session still counts in the event Client cancels a session without providing Knowledge Guides notice at least twenty-four (24) hours prior. SAT/ACT programs are a package and are non-refundable if the program is not finished.
II. Diagnostic Testing:
- Clients may purchase a diagnostic test for $129.00, or for the most current price that may be in effect from time-to-time, to establish a baseline from which progress may be measured. Diagnostic tests should be purchased and completed at the beginning of each service program.
III. Test Registration and Score Client’s Responsibility:
- Knowledge Guides disclaims any responsibility for registering Client for the SAT or ACT. Individuals may register for the SAT at www.collegeboard.com and may register for the ACT at www.actstudent.org. Registration for PSAT may generally be provided through a student’s school.
- Knowledge Guides does not retain any information or track any scores from practice tests or practice work Client may accumulate through the various programs provided. Client is responsible for maintaining their own record of such scores and work.
- Knowledge Guides is not responsible for retaining or tracking Client’s actual scores for either the SAT or ACT.
- Client understands the necessity of setting attainable goals based on a clear understanding of a baseline score.
IV. No Guaranteed Results; No Warranties:
- Knowledge Guides does not guarantee any result including, but not limited to: a particular SAT or ACT score, improvement of SAT or ACT score, or any outcome as a result of Client’s participation in the programs offered by Knowledge Guides.
- KNOWLEDGE GUIDES DISCLAIMS ANY WARRANTIES AND OFFERS ITS SERVICES “AS IS”. KNOWLEDGE GUIDES FURTHER DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THIRD-PARTY RIGHTS ARISING OUT OF A COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE.
- Client agrees and understands that individual results will vary from client to client and success on any test depends on factors outside the control of Knowledge Guides including, but not limited to: the amount of effort expended on the part of Client in studying, taking practice tests, and the Client’s motivation, ability, education level, test-taking skills, ability to focus, and ability to handle and perform under stress and time constraints.
- Default: The following events shall be considered a default under these Terms and Conditions and shall not be considered exclusive, but inclusive: Client’s failure to pay tuition when due, Client’s failure to tender payment within twenty-four (24) hours to Knowledge Guides in the event Client’s check is returned, Client’s bankruptcy filing, Client’s death, Client’s failure to cooperate with Knowledge Guides in the performance of the programs in which Client is enrolled, Client’s behavior that prevents the reasonable accomplishment of Knowledge Guides’ programs, including but not limited to, belligerent behavior, disorderly conduct, verbal abuse, use of offensive profanity, discriminatory remarks to any other client or employee of Knowledge Guides based on race, sex, disability, or religion, or any form of sexual harassment.
- Remedies in the Event of Default: In the event Client defaults under these Terms and Conditions, Knowledge Guides may, at Knowledge Guides’ discretion, declare an event of default and deliver a written notice of default to Client and retain all tuition payments in Knowledge Guides’ possession. Client will remain liable to Knowledge Guides’ for any unpaid tuition. Knowledge Guides’ may initiate litigation in any court of competent jurisdiction to recover any unpaid tuition and other damages resulting from Client’s default.
- Governing Law and Venue: These Terms and Conditions are governed by the laws of the State of Texas and the mandatory venue for any dispute arising under these Terms and Conditions shall be in Tarrant County, Texas.
- Attorney’s Fees: The prevailing party in any dispute arising under these Terms and Conditions that is litigated in a court of competent jurisdiction shall be entitled to recover all reasonable and necessary attorney’s fees and costs. Knowledge Guides shall be entitled to recover, and Client agrees to pay, all reasonable and necessary attorney’s fees incurred by Knowledge Guides in its efforts to collect any amounts due as a result of Client’s default from Client under these Terms and Conditions, whether or not litigation is initiated.
- No Waiver: Any failure by Knowledge Guides to enforce its rights under these Terms and Conditions based on Client’s default shall not constitute a waiver, a continuing waiver, or a waiver of any subsequent breach of these Terms and Conditions by Client.
- Captions: The captions and headings included in these Terms and Conditions are for convenience only. If any conflict arises between terms of these Terms and Conditions and the headings or captions contained in this Terms and Conditions, the substantive terms of the Terms and Conditions shall control.
- Invalid Provisions: If one or more provisions of these Terms and Conditions are held invalid, illegal, or unenforceable, the remaining portions shall not in any way be affected or impaired thereby and will remain in full force and effect. In the event any provision is held invalid, illegal, or unenforceable, the parties shall use all reasonable efforts to substitute a valid, legal, and enforceable provision that implements the purposes of the section held invalid, illegal, or unenforceable.
TEACH PRO, LLC D/B/A KNOWLEDGE GUIDES