Terms of Use
Last Modified: October 31, 2024
Please read these Terms of Use (the “Agreement”) carefully before using the services offered by AKology LLC DBA Learning Re-Engineered (referred to as “I,” “me,” or “my”). By accessing or using my website or services (collectively, the “Services”), you acknowledge that you have read and agree to be bound by this Agreement, which forms a legally binding contract between you and Learning Re-Engineered. If you do not agree to these Terms, you may not use the Services.
1. Use of the Services
By using the Services, you agree to comply with this Agreement and all applicable laws. The Services and their content are owned by Learning Re-Engineered, and I grant you a limited, non-exclusive, non-transferable right to use the Services for personal, non-commercial purposes only.
You agree not to:
- Violate any laws or regulations while using the Services.
- Use the Services for any unauthorized or fraudulent activity.
- Copy, modify, or create derivative works from the Services without permission.
- Interfere with or disrupt the Services.
2. Accounts
When you create an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.
3. Fees and Payment
3.1 Fees: Fees are charged on a per-student basis for the services provided by Learning Re-Engineered.
3.2 Payment Terms: Payments must be made in advance, either on a weekly or monthly basis, through the invoice in your Parent Portal, managed via TutorBird, which integrates with PayPal for secure transactions.
3.3 Rate Changes: I will provide a minimum of 30 days’ written notice for any rate changes.
3.4 Materials: Any study materials required for the tutoring sessions shall be purchased by the client and are not included in the regular tutoring fees.
3.5 Failed Payments: A $35 administrative fee will be charged for any payment not honored by the bank for any reason.
3.6 Refunds: Refunds for prepaid sessions will be provided only for canceled sessions under the conditions outlined in my Cancellation Policy.
4. Cancellation and Rescheduling
4.1 Client-Initiated Cancellations: Clients must cancel or reschedule a session at least 24 hours in advance to request a refund or reschedule the prepaid session. Cancellations made within 24 hours will incur a 100% charge.
4.2 No-Shows: If the client fails to show up for a scheduled session without prior notice (“no-show”), they will be charged the full rate.
4.3 Company-Initiated Cancellations: I reserve the right to reschedule or postpone sessions due to illness or other unforeseen events. Rescheduled sessions will be arranged as soon as possible, or a refund will be issued if no agreeable time can be found.
5. Third-Party Services and Links
My Services may contain links to third-party websites and services, including KoalaGo, MobyMax, IXL, and Amazon for affiliate book recommendations. I am not responsible for the content, privacy policies, or practices of these third-party sites. When you use these services, their terms and privacy policies apply.
6. Privacy
My collection, use, and disclosure of your personal information are governed by my Privacy Policy, which is incorporated into this Agreement by reference. Please review my Privacy Policy for more information, including changes related to the WooCommerce review plugin and tracking features.
7. Intellectual Property
All content on the Services, including text, graphics, logos, icons, and images, is my property or the property of my licensors and is protected by intellectual property laws. You may not use any of the intellectual property without my express written consent.
8. Disclaimer of Warranties
The Services are provided “as is” and “as available” without any warranties, express or implied. I do not guarantee that the Services will be error-free, uninterrupted, or secure. I disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
To the fullest extent permitted by applicable law, I will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Services or this Website. This includes, without limitation, damages for loss of profits, data, or any other tangible or intangible loss arising out of your use of or inability to use the Services. My total liability to you for any claims related to the Services will not exceed the amount paid by you for the Services in the last 12 months.
Exceptions to Limitation of Liability
Despite the limitations set forth above, Virginia law prohibits limiting liability for certain matters. Accordingly, I do not disclaim liability for:
- Gross negligence or willful misconduct.
- Personal injury or property damage caused by negligence.
- Fraud or deceptive business practices as protected under the Virginia Consumer Protection Act (VCPA).
- Any other matter where liability cannot be limited by law.
10. Indemnification
You agree to defend, indemnify, and hold me harmless from any claims, liabilities, damages, or expenses arising from your use of the Services or your violation of this Agreement.
11. Termination
I may suspend or terminate your access to the Services at any time, without notice, for conduct that I believe violates this Agreement or is harmful to Learning Re-Engineered or other users. Upon termination, your right to use the Services will immediately cease.
12. Dispute Resolution
12.1 For U.S. Users: Any disputes arising out of or relating to this Agreement will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Any legal claims must be brought individually, and you waive the right to participate in a class action or class-wide arbitration.
12.2 For Non-U.S. Users: Any disputes will be resolved in accordance with the laws of the Commonwealth of Virginia, and you consent to the exclusive jurisdiction of the state and federal courts located in Virginia.
13. Amendments
I may modify this Agreement at any time. If I make material changes, I will notify you by posting the updated Agreement on my website and updating the “Last Modified” date at the top of this document. Your continued use of the Services after any changes constitutes your acceptance of the modified Agreement.
14. Tutor and Client Responsibilities
14.1 Tutor Responsibilities: I will maintain professionalism, prepare for each session, and create an encouraging learning environment. I will not complete the student’s homework or participate in any form of academic dishonesty.
14.2 Client Responsibilities: Clients and students must adhere to scheduled sessions, provide necessary materials, and maintain respectful communication with me. Solicitation of Learning Re-Engineered tutors (me) for personal tutoring services outside of this Agreement is prohibited.
15. Review and Feedback
15.1 Verified Reviews: I use WooCommerce to collect reviews from users who have made a purchase. Reviews labeled as “Verified Purchase” indicate that the review is from a verified customer.
15.2 Review Reminder Tracking: To improve customer service and collect feedback, I may track review reminder emails to ensure they are received. By using my Services, you consent to this feature as described in my Privacy Policy.
16. Contact Information
If you have any questions or concerns about this Agreement, please contact me at:
AKology LLC DBA Learning Re-Engineered
1320 Central Park Blvd, Suite #200
Fredericksburg, VA 22401
Email: admin@onlinereadingandwritingtutor.com