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These Terms of Service are entered into by and between You and Four Stones Digital LLC doing business as nGenius Prep, an Alabama Limited Liability Corporation (“nGenius Prep,” “Company,” “We,” “Our” or “Us”). If You purchase services for use by another (for example, a parent purchasing for a child) these Terms of Service govern both You and other(s) who use any services You purchase from Us (collectively, “You” or “Your”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern Your access to and use of nGenius Prep’s services and ngeniusprep.com (collectively, the “Site”), including any content, functionality, and services offered on or through ngeniusprep.com, whether as a guest or a registered user.
Please read the Terms of Service carefully before You start to use the Site and the associated services. By using the Site or by clicking to accept or agree to the Terms of Service when this option is made available to You, You accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://ngeniusprep.com/privacy-policy/, which is incorporated herein by reference. If You do not want to agree to these Terms of Service or the Privacy Policy, You must not access or use the Site.
This Site is offered and available to users who are 13 years of age or older.
By using this Site, You represent and warrant that You are of legal age to form a binding contract with nGenius Prep and that You (and any users authorized by You under Your account) meet the eligibility requirements. If You do not meet these requirements, You must not access or use the Site.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both:
To access the Site 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 Site that all the information You provide on the Site is correct, current, and complete. You agree that all information You provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.
If You choose a user name (usually an email), password, or any other piece of information as part of our check out procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Site 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 exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Service.
You agree that only one person will use each account that You purchase from us. We may restrict access to Your account with no refund provided if we believe the account is being used by more than one person. In such a case, if in fact only one person was using the account, nGenius Prep will restore that account.
The following terms shall apply if You enroll in the nGenius Prep ACT Test Prep Program. For other types of orders, please refer to the applicable terms below.
1. Course Access
You will have access to Your live online prep course from the beginning of the first Weekend Small Group Session (“Course Start”) date until sixty (60) days after the final Weekend Small Group Session (“Course End”). After the access period ends, you will no longer be able to view the live course recordings, homework assignments, practice tests, or eBooks. Access to online materials is for review purposes only and does not extend the duration of live instruction or any one-on-one sessions associated with Your program.
2. Program Structure and Scheduling
The ACT Test Prep Program includes six (6) one-on-one sessions and five (5) Weekend Small Group Sessions. The Weekend Small Group Sessions follow a fixed schedule, and You are expected to attend one of two available time slots for each session. Upon enrolling, we will work with You to schedule all six one-on-one sessions upfront to align with Your designated ACT exam date.
If You need to cancel a one-on-one session, You must notify both nGenius Prep and Your tutor at least twenty-four (24) hours in advance. To provide notice of cancellation, please email Your tutor and nGenius Prep at support@ngeniusprep.com with “CANCELLATION” as the subject, listing the session date/time, Your name, and the tutor’s name. While we will make a good faith effort to reschedule Your one-on-one session, we cannot guarantee the availability of Your originally assigned tutor at Your preferred time. All rescheduled sessions must be completed before Your designated ACT exam date, and no credit or refund will be provided for missed or unscheduled sessions.
3. Term of Program Performance
The ACT Test Prep Program is designed to prepare You for a specific ACT exam date. Therefore, the program term and use of services, including all six (6) one-on-one sessions, shall end on the designated ACT exam date. It is Your responsibility to ensure all sessions are scheduled and attended by this date. Failure to complete any sessions before the designated exam does not entitle You to any refunds or credits for missed sessions.
4. Late Arrival
No adjustment shall be made for time lost due to late arrival by You. nGenius Prep will compensate for the late arrival of an instructor by extending a class or one-on-one session to make up for the time missed.
5. Rescheduling by nGenius Prep
If we cancel a Weekend Small Group Session for any reason, we will reschedule it for a different day and time of our choosing. All Weekend Small Group Sessions are recorded, allowing students to review the content if they cannot attend live (in person or online). For one-on-one sessions, if we cancel a session, we will reschedule it at a mutually acceptable time.
6. Student Rescheduling
If You cancel a one-on-one session with less than twenty-four (24) hours’ notice, Your time will be reduced as if the session had occurred as scheduled. Tutors may be able to accommodate session changes on shorter than twenty-four (24) hours notice; however, tutors are not responsible for making such sessions, nor is there any guarantee that a session will be rescheduled to meet a test deadline. NO REFUNDS OR CREDITS WILL BE PROVIDED FOR ONE-ON-ONE SESSIONS CANCELLED LESS THAN 24 HOURS IN ADVANCE OF THE SCHEDULED TIME.
7. Withdrawals
In some cases, and at our discretion, we may permit You to withdraw from the nGenius Prep Program. If You wish to withdraw from the program in which You are currently enrolled, You must submit Your request by emailing support@ngeniusprep.com or calling (256) 325-0441 to speak with a Customer Service Representative. Only the payor (typically a parent or guardian) may request a withdrawal. If You choose to withdraw from the ACT Test Prep Program, You may do so within seventy-two (72) hours of purchase for a full refund. No refunds will be given more than seventy-two (72) hours after purchase, regardless of attendance or session completion.
8. Code of Conduct
Students are expected to refrain from disruptive behavior, which includes but is not limited to harassment, hate speech, discriminatory behavior, or defamatory statements against nGenius Prep, its parent company, Four Stones Digital LLC, and nGenius Prep employees or contractors. Instructors have the right to ask a student to leave the session immediately if they believe the student is engaging in disruptive behavior. If a student logs out of a session or leaves an in-person session due to disruptive behavior, an nGenius Prep representative will follow up with them to convey expectations for future behavior. Any further incidents may result in indefinite suspension of the student’s account, with no refunds, prorated or otherwise, being issued. nGenius Prep reserves the right to indefinitely suspend or remove students from any program for disruptive behavior, with no refunds, prorated or otherwise, given.
The following terms shall apply if You sign up for individual one-on-one sessions for tutoring of any kind. This does not apply to the ACT Test Prep Program. For other types of orders, please refer to the applicable terms.
1. Term of Use for Purchased Sessions
Your purchase of one-on-one tutoring sessions provides You with credits, with each credit redeemable for one 85-minute session, either in person or online. Credits are valid through the end of the current school year, which concludes on May 31. All sessions must be completed by May 31, as any remaining credits will expire and are non-refundable. Purchases made in May are valid for 30 days from the purchase date. Credits purchased during June and July will remain valid until May 31 of the following year. Any credits unused by May 31 will be forfeited and cannot be refunded or rolled over to a future term. These credits are available for purchase in groups of four (4), although purchase options may change in the future.
2. Scheduling and Rescheduling
When You initially sign up for one-on-one tutoring sessions, we will work with You to schedule all sessions that You have purchased. After this initial scheduling, if You need to cancel a session, You are responsible for coordinating the rescheduling. We will make a good faith effort to accommodate the rescheduling within the time frames provided by Your purchase but cannot guarantee Your original tutor’s availability at the rescheduled time. Examples of this good faith effort may include offering alternate time slots or assigning a different qualified tutor.
All scheduling and rescheduling should be coordinated with the nGenius Prep Customer Support Team by emailing support@ngeniusprep.com, texting at 256-325-0441, or calling 256-325-0441. If both parties do not agree to a time change, the session will occur at the originally scheduled time, and the party seeking the change may be subject to any penalties for missing the scheduled session.
3. Student Rescheduling
If You need to cancel a session, You must notify nGenius Prep at least twenty-four (24) hours before the scheduled session. Please email support@ngeniusprep.com with “CANCELLATION” in the subject line, including Your session date/time, Your name, and the tutor’s name. Tutors may accommodate changes with less than twenty-four (24) hours’ notice, but this is not guaranteed. If You fail to provide at least twenty-four (24) hours’ notice, Your credit will be used as if the session had occurred. NO REFUNDS OR CREDITS WILL BE PROVIDED FOR ONE-ON-ONE SESSIONS CANCELLED WITH LESS THAN 24 HOURS NOTICE.
4. Tutor Rescheduling
If Your tutor needs to cancel a scheduled session, they will provide You with no less than twenty-four (24) hours’ notice and work with You to reschedule at a mutually convenient time.
5. Late Arrival
No adjustment shall be made for time lost due to late arrival by You. If the tutor is late, they will make up the missed time to ensure You receive the full session. A late arrival is defined as arriving more than five (5) minutes after the scheduled start time.
6. Tutor Changes
In some cases, we may need to replace a tutor You have previously worked with. We will not issue refunds for tutor replacements if a new tutor is assigned within two (2) weeks. If we cannot assign a new tutor within this period, we will issue a refund for any unused credits, minus the cost of completed sessions. We do not issue refunds if a new tutor is assigned and sessions continue within the original terms of service.
7. Refunds & Guarantees
nGenius Prep does not offer a point improvement guarantee nor grant refunds for individual tutoring sessions due to the nature of private tutoring. All sales of tutoring credits are final and non-refundable.
All nGenius Prep services must be paid in full upon enrollment.
In order for Us to offer Our guarantees, we are reliant upon You completing Our program in full (“Completes”). All nGenius Prep guarantees apply to the first program You have enrolled in and may only be used once by each individual student; there can be no combining of guarantees in multiple purchases. Guarantees are also not valid for bulk or group purchases, which are defined as single orders/invoices including two or more students. Upon receipt of a refund for a guarantee, You may lose access to other products you may have purchased from nGenius Prep, including but not limited to previous video recordings. By accepting a refund for an applicable guarantee, You acknowledge that You may no longer have access to any content You may have purchased located in Your dashboard. All Score Improvement Guarantees are for programs only.
nGenius Prep is so confident in our ACT prep methodology that we back up our ACT Test Prep Program with a 2-Point Score Increase Guarantee! This means that if your ACT composite score does not increase by at least 2 points, you can request a full refund OR choose to re-take our program at no additional cost. The increase applies relative to the most recent official ACT score you have, which may or may not be the highest score you ever received.
You qualify for our 2-Point Score Increase Guarantee if:
1. Starting Score Requirement:
2. Testing Timeline:
You take an official ACT exam administered by the ACT within fourteen (14) days after the last official Weekend Small Group Session or one-on-one session of Your program. nGenius Prep will only accept the first official ACT exam taken after the last official session of Your program.
3. Program Completion:
You must fully complete our ACT Test Prep Program, which includes the following:
If You would like to request a refund from nGenius Prep having met the qualifications of the ACT Score Increase Guarantee, You must submit an official score report from a qualified exam taken before the course start date and an official score report from a qualified exam taken within fourteen (14) days after the final class or one-on-one session. These score reports must be submitted within 20 days of taking the qualified exam after the program is completed. For the ACT Test Prep Program, screenshots of Your ACT account may be used as long as they show Your name, score, and date of the exam. If you are having issues with locating your official score report on the ACT’s website, You can contact them at (319) 337-1270 or go to act.org. Official score reports from the testing agency are free to download online.
All of the above items must be submitted via email to support@ngeniusprep.com with subject line: “Refund Request.”
If the prices on Our website are reduced within seventy-two (72) hours on a program you have purchased, We will refund the difference to you as long as you contact Us within one (1) week after Your purchase date. To contact Us, please email support@ngeniusprep.com or call 256-325-0441.
You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site:
Additionally, you agree not to:
If You have submitted a photo or video in response to a promotion or survey, nGenius Prep has Your permission to use Your image (photographic or video) publicly to promote their company, products and services thereof. You understand that the images may be used in print publications, online publications, presentations, websites, advertising, and social media. You understand that no royalty, fee, or other compensation shall be payable to You by reason of such use, unless explicitly stated and agreed to by both parties in writing. Both parties agree to the terms here as stated unless explicitly revised and agreed to by both parties in writing.
All nGenius Prep class sessions, tutoring sessions, and instruction sessions of any kind are recorded for quality assurance and administrative purposes in accordance with our Privacy Policy. By visiting, logging into, or participating in any class, tutoring session or instruction session of any kind, you consent to the recording of your presence, participation, and any video or audio feeds you enable in that session.
The Site may contain message boards, chat rooms, profiles, forums, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter collectively, “Post“) content or materials (collectively, “User Contributions“) on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you Post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and You, not Us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions Posted by You or any other user of the Site.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS NGENIUS PREP AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NGENIUS PREP DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER NGENIUS PREP OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Site and its entire contents, services, 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 nGenius Prep, 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 of Service permit You to use the Site 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 Site, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Service, Your right to use the Site will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Site or any content on the Site is transferred to You, and all rights not expressly granted are reserved by nGenius Prep. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The nGenius Prep name, logo, product and service names, designs, and slogans are trademarks of nGenius Prep or its affiliates or licensors. You must not use such marks without Our prior written permission.
If the Site 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 Site, You do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, You do so on your own initiative and are responsible for compliance with local laws.
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 NGENIUS PREP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER NGENIUS PREP NOR ANYONE ASSOCIATED WITH NGENIUS PREP 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.
TO THE FULLEST EXTENT PROVIDED BY LAW, NGENIUS PREP 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF NGENIUS PREP AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO NGENIUS PREP IN THE TWELVE (12) MONTHS PRIOR TO WHEN THE LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
You agree to defend, indemnify, and hold harmless nGenius Prep, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Service, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Service.
All matters relating to the Site and these Terms of Service, 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 laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Site shall be instituted exclusively in the federal or state courts in Alabama. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between You and Us regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
In the event that there is a claim, dispute, or controversy (“Claim”) between Us and You (each a “Party” and together “Parties”) or between you and any other third-party service provider acting on Our behalf, whether they arose in the past, may currently exist, or may arise in the future, no matter how described, pleaded or styled, shall be governed exclusively by this Arbitration Clause (the “Arbitration Clause”) which is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16) notwithstanding any state law to the contrary and regardless of the nature of the Claims at issue.
Any Claim must be resolved FINALLY and EXCLUSIVELY by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (except for matters that may be taken to a small claims court). Further, if a Party brings a Claim in arbitration, the other Party may also remove that Claim to small claims court (or the equivalent court with jurisdiction over the Claim) if the amount at issue (exclusive of attorneys’ fees and costs if applicable law so provides) is properly within the jurisdiction of such court. In such case, the opposing Party must provide notice of intent to remove to small claims (or equivalent) court within 30 days after the arbitration demand is acknowledged by the AAA. In any event, if the Claim is removed, appealed or transferred from small claims (or equivalent) court to another court, it shall be subject to arbitration at the election of either Party. The Parties also reserve the right to demand arbitration if the small claims (or equivalent) court case contains any class or representative claims.
Before starting a small claims lawsuit or arbitration, the complaining party must give the other party written notice describing in reasonable detail the Claim and the supporting facts (the “Claim Notice”). The Claim Notice must be mailed to 7771 Hwy 72 W, Suite C, Madison, AL 35758. Please include Your account number and phone number where You (or Your attorney) can be reached. We will mail any Claim Notice to You at the mailing address we have on file for You. Once a Claim Notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Claim on an individual basis.
Arbitration will proceed on an INDIVIDUAL BASIS, so class actions and similar proceedings will NOT be available. The arbitrator shall have no authority to entertain any Claim as a class action or on any similar representative basis, nor shall the arbitrator have any authority to consolidate Claims brought by separate claimants.
The arbitrator shall have the authority to award all remedies available in an individual lawsuit under applicable law, including, for example, compensatory, statutory and punitive damages (which shall be governed by the same standards that would apply in court), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs.
All determinations as to the scope, interpretation, enforceability and validity of the Arbitration Clause shall be made final exclusively by the arbitrator, which shall be binding and final; provided, however, the enforceability of the waiver of the right to bring a Claim on behalf of a class or in a representative capacity shall be determined by exclusively by a court of competent jurisdiction. Judgment on the arbitration award may be entered in any court having jurisdiction.
For a copy of the procedures, to file a Claim or for other information about this organization, contact the association at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.
You may opt out of this Arbitration Clause for all purposes by mailing a written arbitration opt out notice via Certified U.S. Mail, Return Receipt Requested, to 7771 Hwy 72 W, Suite C, Madison, AL 35758 within 21 days of the date the Arbitration Clause was provided to You. The opt out notice will not be effective and You will be deemed to have consented to this Arbitration Clause unless the notice is received by us within 30 days of the date the Arbitration Clause was provided to You. The opt out notice must clearly state that You are rejecting arbitration; identify the Agreement to which it applies by date; provide Your name, address, and social security number; and be signed by You. You must present the return receipt received from the U.S. Postal Service in the event there is a dispute over whether Your opt out notice was sent, or whether it was sent and received in a timely manner, in accordance with this Arbitration Clause. No other methods can be used to opt out of this Arbitration Provision. Rejection notices sent to any other address, or sent by electronic mail or sent in a manner without return receipt proof of delivery or communicated orally, will not be accepted or effective. Opting out will not affect the other provisions of this Agreement. If You opt out of this Arbitration Clause, it will not operate to reject any prior or future Arbitration Clause between You and us.
UNLESS YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE AS PROVIDED HEREIN, YOU ARE WAIVING THE RIGHTS TO (i) HAVE A CLAIM DECIDED BY A COURT (EXCEPT SMALL CLAIMS COURT); AND (ii) ASSERT OR PARTICIPATE IN A CLASS ACTION, OR ANY REPRESENTATIVE OR CONSOLIDATED PROCEEDING IN COURT.
We will pay for any filing, administration and arbitrator fees imposed by the AAA. Each Party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law or applicable AAA rules. If a statute gives You the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
This arbitration provision shall survive the termination of any agreement between us. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force except that if the waiver of the right to proceed as a class or in a representative capacity is declared unenforceable in a proceeding between You and us, and that determination becomes final after all appeals have been exhausted, this entire Arbitration Clause (except for this one sentence) shall be null and void in such proceeding.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to You. You acknowledge Your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, You accept this Agreement, as modified. After a program has ended, you agree that nGenius Prep may continue to communicate with you regarding new offerings, marketing messages, and other communications.
This website is operated by nGenius Prep located at 7771 Hwy 72 W, Suite C, Madison, AL 35758. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: support@ngeniusprep.com.
Copyright © 2024 nGenius Prep, All rights reserved. See our Terms of Service | Privacy Policy
ACT® is a registered trademark belonging to ACT, Inc. ACT, Inc. is not involved with or affiliated with nGenius Prep, nor does ACT, Inc. endorse or sponsor any of the products or services offered by nGenius Prep.
| Category | Examples | Collected |
A. Identifiers | Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name |
B. Personal information as defined in the California Customer Records statute | Name, contact information, education, employment, employment history, and financial information |
Gender and date of birth | ||
Transaction information, purchase history, financial details, and payment information | ||
Fingerprints and voiceprints | ||
Browsing history, search history, online | ||
Device location | ||
Images and audio, video or call recordings created in connection with our business activities | ||
Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us | ||
Student records and directory information | ||
Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics | ||
