KoaPine Tutoring and Test Prep LLC / The NCLEX Tutor
Tutoring and Webinar Terms and Conditions of Use
Please read these Terms and Conditions (“T&C”) carefully. You must agree to these T&C before you are permitted to participate in any KoaPine Tutoring and Test Prep LLC (“KoaPine”) one-on-one or group tutoring, webinar, workshop, or training, or enter any online private forums operated by KoaPine (for any purpose), whether on a website hosted by KoaPine or a third-party website such as a webinar or videoconferencing platform (collectively “the Program”).
If you do not agree with these T&C, you may not participate in the Program.
As used in these T&C, the term “Releasees” is defined to include the following: (i) KoaPine Tutoring and Test Prep, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively the “Company” or “Us”); (ii) any Company volunteers; and (iii) Justine Buick.
This Program is intended and only suitable for individuals aged 18 and above. Some of the content in this Program may not be appropriate for children. Children under the age of 18 are not permitted to use this Program. Company hereby disclaims all liability for use by individuals under the age of 18.
Payment and Refund Terms
Deposits: KoaPine reserves the right to require a non-refundable deposit of up to $200 prior to any session. One-on-one Tutoring: KoaPine provides one-on-one test preparation tutoring services by videoconference (“Tutoring”). You agree to pay a non-refundable fee of $100 per hour for all Tutoring, which is charged in five-minute increments (for example, if your session is 1 hour and 10 minutes, you agree to pay $116.70). If you are late for any Tutoring session, that time will be included in your total. KoaPine reserves the right to require that each session is paid before the Tutoring session starts. As of January 2020, tutoring is paid for after the session is over. You may not schedule or participate in any future Tutoring or Webinar sessions until your account is fully paid.
No Show/No Call: You agree to pay a $100 fee if you fail to call or email at the time of your Tutoring session, regardless of the reason.
Cancellations and Requests to Reschedule: You agree to pay a $40 fee if you must cancel or request to reschedule your Tutoring session, regardless of reason or notice given.
Webinars: KoaPine provides group test preparation services in a webinar format (“Webinars”). You may be invited to join a Webinar, and KoaPine will send you an invoice for payment or payment will be required before the Webinar starts. You may sign up to participate in a Webinar by paying the invoice. After KoaPine receives your payment, KoaPine will send you a link to participate in the Webinar. All Webinar fees are non-refundable.
KoaPine reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse KoaPine for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
While we do not offer refunds on payments already made, if you are not satisfied with a specific session, KoaPine asks that you simply send an email explaining what you did not find helpful, and we may cancel an invoice and provide a refund, in our sole discretion.
Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any session in our Program and no refunds will be provided to you at any time. By participating in our Program, you understand and agree that all sales are final and no refunds will be provided.
Since we have a clear and explicit Refund Policy in these T&C that you have agreed to prior to participating in the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a payment or we receive a chargeback threat during or after your payment, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
No Guarantee of Results
KoaPine cannot and does not guarantee any particular results or outcome; testimonials and past results of other students do not predict or guarantee future results.
Ownership of the Content and Resources
The homework, resources, practice questions, words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
Intellectual Property Rights
The Company’s Limited License to You:
If you view, purchase or access any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Content for your own personal purposes of test preparation only. You may not republish, reproduce, duplicate, copy, sell, display, distribute to friends or family, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you money (other than by applying them generally for your own personal test preparation). By downloading, printing, or otherwise using any Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any reproduction or unauthorized use of any materials found in the Program or Content shall constitute infringement.
You must receive our written permission before using any of the Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by Us.
Your use of any materials in the Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
Your License to the Company.
By posting or submitting any material during the Program such as input or answers to practice questions, comments, posts, photos, images or videos, or other contributions, you are representing to Us that you are the owner of all such materials and you are at least 18 years old. You are also granting the Company, and anyone authorized by Us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Program and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by Us to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant Us, and anyone authorized by Us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, by first name and last initial, for any purposes, including commercial purposes and advertising. We will not use your full name without first asking permission. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Program or any third-party platform or website operated by the Company, or anything captured by the Company during your participation in the Program, including images in which your face is visible and recognizable.
Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to email@example.com.
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.
The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, or cancel any session, at any time without notice. The restrictions imposed on you in these T&C with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.
Personal Responsibility, Assumption of Risk, Disclaimers, and Indemnification
You accept personal responsibility for your participation in the Program, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you or any third party for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.
The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
Earnings and Results Disclaimer. You agree that KoaPine has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.
Information for Test Preparation Only; Not Medical Training. The Program and Content provide information intended to assist in preparation for the NCLEX exam only and are not intended to provide medical or mental health training.
NCLEX-R® and NCLEX-PN® and NCLEX® are registered trademarks of the National Council of State Boards of Nursing, Inc (NCSBN®). The NCLEX Tutor and KoaPine Tutoring and Test Prep are not affiliated with NCSBN, which does not endorse, sponsor, or support this site, KoaPine Tutoring and Test Prep LLC, or our services.
NCSBN enforces strict rules about the confidentiality of its exam questions (available on its website here: https://www.ncsbn.org/1268.htm). In accordance with those rules, you agree not talk or write about questions you saw or answered on any exam, as that information is confidential. The Company is not responsible for any violation of the NCSBN confidentiality rules, and if the Company observes any violation on any website operated by the Company or any third-party forums or platforms operated by the Company, the Company reserves the right to remove any comment or post, remove the violator from any Program, and report any violator to NCSBN, without any refund.
The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
The Company controls and operates the Program from offices in the United States. The Company does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these T&C, (ii) any breach by you of these T&C or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party platform or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
You expressly agree that these T&C are intended to be as broad and inclusive as permitted by the law of the State of Massachusetts, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
The Company may change, modify or update these T&C at any time without notice. Any access or use of the Program or Content by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact firstname.lastname@example.org.
By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these T&C, do not participate in the Program or Content.