Terms and Conditions
READ THE FOLLOWING CAREFULLY BEFORE YOU OR A CHILD AUTHORIZED BY YOU (FOR WHOM YOU ARE A PARERNT OR LEGAL GUARDIAN) ACCESS OR USE THE TRILOGY MENTORS PLATFORM OR TRILOGYMENTORS.COM (THE “SITE”), ON WHICH THESE TERMS AND CONDITIONS (THE “AGREEMENT”) ARE POSTED (THE “SERVICE”). BY CLICKING THE “I ACCEPT” BUTTON OR BY YOUR CONTINUED USE OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU ARE 13 YEARS OLD OR YOUNGER, PLEASE HAVE YOUR LEGAL GUARDIAN SUBMIT AN EMAIL TO SUPPORT@TRILOGYMENTORS.COM GRANTING YOUR PERMISSION TO SUBMIT PERSONALLY IDENTIFIABLE INFORMATION (“PII”) TO TRILOGY MENTORS LLC. IN THIS AGREEMENT, PII INCLUDES, BUT IS NOT LIMITED TO, EMAIL ADDRESS, GENDER, PHONE NUMBER AND AGE.
The Agreement Governs Your Use of the Service.
The Agreement governs the relationship between you and Trilogy Mentors LLC (“us”, “we”, “our”, “Company”). All supplemental terms and rules issued by Company that apply to the Service, including those regarding social networking and other features, form an integral part of this Agreement and are incorporated herein by this reference.
In this Agreement, Company means Trilogy Mentors, LLC, a Virginia limited liability company. In this Agreement, “you” refers to both you and/or your child. If you have any questions relating to the Service, they can be sent to the attention of our Customer Service by email to firstname.lastname@example.org. The publication of electronic mail addresses is to facilitate communications related to the Service and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
Mentoring sessions are defined as a single session, scheduled with mentors that last from 0 to 60 minutes (“Sessions”).
You understand and agree that the Service is provided by Company and may be terminated or otherwise discontinued by Company at its discretion pursuant to this Agreement.
By accepting this Agreement, you agree that you will not:
- Monitor, harvest, collect or attempt to obtain passwords or other Account information from or about other users of the Service, disclose your, or another person’s PII;
- Impersonate another person, attempt to mislead others by indicating that you represent the Company, any of its partners, affiliates, or related companies, or express or imply that any statements that you make or actions you take are endorsed by Company;
- Download or copy any Content (defined below), except as may occur through the normal caching function of your browser and except to print and retain a copy for your own personal, non-commercial use;
- Reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the Content except as expressly authorized in this Agreement;
- Outside the Service, sell, advertise or post information granted to you through the Service by setting up an Account;
- Probe, scan or test the vulnerability of the Service or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Service, Company’s systems or networks, or any systems or networks connected to the Service or Company.
The Service is evolving and may result in changes to the Agreement.
You understand that the Service is an evolving one. Company may require that you accept updates to the Service. Company reserves the right to change, modify, add or remove portions of this Agreement, at any time, for any reason, with or without notice to you, or to do any of the following:
1. Modify, suspend, limit or terminate operation of, or access to, any portion of any feature or function of the Service and/or any of its applicable policies or terms, including hours of availability;
2. Change any fees or charges that may be related to your use of the Service;
3. Change the equipment, hardware or software required to access the Service;
4. Interrupt the Service, or any portion of the Service, to perform routine or non-routine maintenance, error correction or other changes.
Any changes to the Agreement will be effective immediately upon notice, which Company may provide by any means, including, without limitation, by electronic posting. You agree to check this Agreement periodically for the new provisions that govern the Service. Your continued use of the Service following the posting of changes will mean that you accept and agree to them.
If you are an owner of an account on this Site, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, modify, or remove content and site features at any time, and reserve the right to cancel subscriptions to our platform and/or services at any time.
By using our platform and/or website, you agree to the terms of Trilogy Mentors cancellation policy. We work hard to construct the best user experience. By agreeing to our company’s cancellation policy, you agree to provide at least 12 hours notice for cancellation of any scheduled session your child has with their mentor. Any session cancellation that occurs in less than a 12-hour time window will be subject to the following:
- Cancellations within 12 – 6 hours with no rescheduled Session: 50% of Session cost
- Cancellations less than 6 hours prior to scheduled sessions with no rescheduled Session: 100% of Session cost
Medical emergencies will be addressed on a case-by-case basis. In the case that your session is cancelled by your mentor/tutor you will have the option to reschedule, request a substitute mentor, and/or request a refund for that session.
Terminating services or freezing services with Trilogy Mentors requires 72 hours notice.
Rescheduling/Late Arrival Policy
By using our platform and/or website, you agree to the terms of Trilogy Mentors rescheduling/late arrival policy. We work hard to construct the best user experience. By agreeing to our company’s rescheduling/late arrival policy, you agree to provide your child’s mentor with as much prior notice as possible when requesting to reschedule a previously confirmed session. Communications in regards to rescheduling are directed towards your child’s mentor and handled at the mentors own discretion. Any session rescheduling requests are not guaranteed to be confirmed. Any session that is rescheduled is subject to the following:
- Mentors may not be available to reschedule, in which case the session will be canceled. The cancellation policy outlined above, will apply.
- Late arrivals are classified as a rescheduled session. If a student is late to a scheduled session, the confirmed end time of the session still stands and the full session time will be billed. Additional charges will be applied if the session continues beyond the session’s scheduled end time.
Using the Trilogy Mentor’s platform requires access to a computer with audio and video capabilities, as well as internet access. We reserve the right to change these requirements. By signing up for Trilogy Mentors services, you agree to support your child’s/children’s equipment needs and meet the technical requirements outlined by Trilogy Mentors. Trilogy Mentors will not be held responsible for any technical issues that arise on the user’s end, and/or may only provide limited support to address these issues.
All content offered on the Site and by Company is the sole property of Company
All content offered by Company on the Site and through the Service, including, but not limited to, the free assessment, any resources you receive through a representative of Company, and all logos, slogans, and taglines (collectively and individually, the “Content”), are protected by trademark and copyright laws.
You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, perform, display, create derivative works from, in any way exploit such Content or distribute it in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, except as Company expressly permits in this Agreement. Making unauthorized copies of the Content may result in the termination of your Account, prohibition to use the Service, and further legal action.
Parents are prohibited from contacting mentors for purposes other than those related to tutoring for their child/children. This policy has been established to protect students, families, program partners, other affiliated parties, and our mentors from unsolicited communications, inappropriate communications, inappropriate behaviors, and/or actions. In addition, this policy has been established to protect the integrity and quality of the Trilogy Mentors’ brand. Parents/guardians are asked to sign a non-compete agreement and are prohibited from soliciting mentors, sharing proprietary information, for themselves or other outside parties, via any of the relationships or connections they have made via Trilogy Mentors, including those connections or relationships with students, parents or guardians of students, partnering programs, or other affiliated Trilogy Mentors partners.
As stated earlier, Trilogy Mentors understands the important role of parents/guardians in helping students get the most out of their learning experiences and maximizes their potential. The expectation is that our parents clearly communicate via the Trilogy Mentors platform, the goals they have for their child/children, provide accurate scheduling information, as well as any vital information about their child/children that might impact their child/children’s learning experience during their session. In addition we ask that when communicating with our staff and/or mentors, parents’/guardians’ behavior, language, and appearance online, be respectful of all parties, and that the setting from which their child/children will be interacting with their mentor, be both appropriate and best suited to maximize learning.
Comments, Reviews, and Emails
Visitors may use the Trilogy Mentor’s platform and/or website as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation. We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant Company non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, or modify such content throughout the world in any media.
We use electronic communications. Every time you send us an email, a text, sign on to our platform, or visit our website, you are going to be engaging in some form of electronic communications with us. You hereby consent to receive communications from us. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
You agree to indemnify, defend and hold Company, its subsidiaries, affiliates, officers and employees from any claim or demand, including reasonable attorneys’ and experts’ fees and costs, arising out of your use of this Site, including information made available to you through this Site or the violation of this Agreement, including any breach of your covenants or agreements hereunder.
Limitation of Liability
Company provides the Service on a commercially reasonable basis and does not guarantee that you will be able to access or use the Service at times or locations of your choosing, or that Company will have adequate capacity for the service as a whole or in any specific geographical location.
To the fullest extent permitted by law, the Service is provided on an “as is” and “as available” basis, for use at your own risk. To the fullest extent permitted by law, Company disclaims all warranties, representations and conditions, either express or implied, including without limitation implied warranties of merchantability, non- infringement or fitness for a particular purpose, in connection with the Service, Site or Content with which it is linked. Company does not warrant that the Service will be uninterrupted or secure, that it will be available at any particular time, free of inaccuracies, errors, omissions, viruses or other harmful components, or will be corrected if found to be defective. We reserve the right to modify and/or discontinue the Service, or access thereto, at any time without notice. To the extent that you communicate with Company representative through any source, the statements and promises made or actions taken by them shall not limit or otherwise modify the terms of this disclaimer and/or this Agreement and this disclaimer and this Agreement apply to any information provided to you through such sources. Company does not warrant that the Service or the servers that make the Service available will work with any particular hardware or software systems or configurations. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimers may not apply to you to the extent prohibited. Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Termination and Survival
Any obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of this Agreement, including but not limited to those addressing privacy and content ownership, shall survive and remain in effect after such event. Furthermore, the following sections of this Agreement shall survive any termination or discontinuance of the Service or your access to it. If you wish to terminate your Account, you may do so by emailing email@example.com. Upon our acceptance of your request, your account and any personal information will be deleted (except for that information that we are required to keep in compliance of any applicable laws).
This Agreement is governed by the laws of the Commonwealth of Virginia
Company administers and operates the Service from Richmond, Virginia. This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Virginia, without reference to its choice of law principles. The venue for any dispute will be Richmond, Virginia. THE PARTIES EACH IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATING TO THIS AGREEMENT.
This Agreement (including all agreements and policies referenced herein) constitutes the entire agreement between you and Company with regard to your use of the Service, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. Company will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected. Your use of the Service is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Company other than that of independent contractors. This Agreement may not be assigned by you.
Company’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Company of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties. If any provision of this Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this Agreement which is held null, void or otherwise ineffective or invalid by a court of competent jurisdiction cannot be restated by such court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from this Agreement.
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