Terms & Conditions

TERMS & CONDITIONS:

Your purchase or use of products and services ("Programs") offered by Powers Education ("Powers") and use of www.powerseducation.com (the "Site") are subject to these terms and conditions. Please read these terms carefully and contact us if you have any questions.

Program Fees:

You agree to make full payment for Programs in the amount(s) as per the pricing agreement. You agree to complete payment prior to commencing the Program, or if you select to pay in three installments for programs that are eligible for installment billing, prior to that Program's expiration.

Failure to complete timely payment (or credit card payments being declined) may result in the discontinuation of services. Returned checks are subject to a $50 handling fee.

Program Cancellations:

Refunds are not available once a Program has ended. Refunds may not be combined with free or promotional offers. Unused, pre-paid tutoring hours are refundable up to sixty (60) days from the date of purchase. Free hours have no cash value and cannot be refunded. Tutoring hours are valid for use up to one year from the date of purchase.

Class Schedule and Location Changes:

Class schedules and locations are subject to change and/or cancellation. Powers will notify you of any changes or cancellations.

Tutoring Policies:

If you purchase tutoring, you and your tutor(s) will plan a schedule that is mutually convenient.  If you need to cancel or postpone a lesson, you must directly notify your tutor at least 12 hours in advance. Failure to do so will result in a deduction of the hours from your tutoring package or payment of a $100 rescheduling fee. For in-home pre-college tutoring, students under the age of eighteen must have a parent, guardian, or other responsible adult present at all times.

Powers Programs and Content are for Powers students only:

All Powers content, including but not limited to Materials, Digital Materials, lectures, recordings, visual and audio aids, content available from powerseducation.com and all content that you will receive or to which you will have access during your enrollment or Program (collectively, "Content") is for your personal use only and may not be shared, resold, auctioned, or transferred to another person in any manner.

Copyright and Non-Duplication:

Content is protected by copyright law. Without Powers' authorization, students are strictly prohibited from downloading, recording, duplicating or reproducing any Content in any manner or medium under any circumstances. If a student is found to be in violation, the student will be subject to disciplinary and legal action, including but not limited to any or all of the following:

        Immediate removal from the facility and termination of enrollment in the Program;

        Forfeiture of tuition paid and any refund due for any unused portion of the Program;

        Excluded from enrolling in any future Powers Programs; and

        Possibility of civil penalties and criminal prosecution. Willful Infringement of copyrighted works may result in federal imprisonment of up to five years and $250,000 in fines.

Student Code of Conduct:

As part of Powers' commitment to our students' success, we seek to provide an optimal learning environment and expect students to conduct themselves in a manner that is considerate of those around them. Those failing to meet student conduct standards may be subject to disciplinary actions, including but not limited to termination without refund. Inappropriate classroom conduct includes but is not limited to: (1) disruptions to the learning environment (i.e. use of profanity, harassment, cell phone use in classrooms, etc.); (2) deliberate destruction, misuse, or theft of Powers property or the property of fellow classmates; (3) violence or threats of violence toward persons or property of students or Powers staff; (4) improper use of email and Internet access; and (5) failure to comply with federal copyright and criminal laws forbidding the misappropriation, copying, or alteration of copyright-protected materials.

Disclaimer and Limitation of Liability:

 POWERS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PROGRAMS, INCLUDING WITHOUT LIMITATION THE SITE, THE MATERIALS, AND FACULTY.

Information We Collect:

We collect information that you voluntarily provide to us, including personal identification information such as your name, postal address, e-mail address, educational background, educational goals and interests, and credit card information ("Personal Data"). We collect Personal Data from you when you enroll in tutoring, and send us feedback.

Use of Your Personal Data: We may use your Personal Data in the following ways:

        To fulfill your requests for products and services, such as enrolling you in a course, delivering educational content or responding to a specific inquiry;

        To customize your learning experience for you;

        To administer, support, improve and develop our business; and

        To send you information about Powers products or services.

Disclosure of Your Personal Data:

We do not share your Personal Data with third parties for their marketing purposes. We may disclose your Personal Data in response to legal process, to protect our rights, as otherwise required by law, or for the prevention or detection of a crime. If we sell our company or part of it, or our business enters into a joint venture with another business entity, we may disclose your Personal Data to our new business partners or owners who may then provide you with information about their products and services.

Security & Information Retention:

We employ security measures to protect your information both online and offline from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage.

 

Arbitration & Class/Collective Action Waiver :

Any and all disputes arising from or related to this Agreement, other than disputes relating to intellectual property infringement, including whether the dispute is arbitrable and the scope of this arbitration agreement, shall be finally resolved by arbitration administered by a single arbitrator under the then-applicable rules of the American Arbitration Association in accordance the Federal Arbitration Act. The arbitration shall be governed by and construed by federal law to the fullest extent possible. Unless otherwise agreed by the parties, the arbitration shall take place in the largest city within 100 miles of your permanent residence. Judgment on the arbitral award may be entered in any court having jurisdiction thereof.

To the maximum extent permitted by law, should you wish to initiate a legal action against Powers, you waive any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Powers or a related entity is a party. The same applies to Powerslegal actions against you. Thus, you and Powers agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class. Further, unless both you and Powers agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over a representative or class proceeding.

Consent and Release

        During your Program, Powers may contact you for feedback related to your Program, you may be photographed or your class recorded (collectively referred to as "Learning Experience Materials"). You agree that Powers  may use the Learning Experience Materials for internal purposes.

        Programs or other activities may occur in hotels, schools and other facilities not controlled by Powers ("Third Party Facilities"). You waive any claim against Powers arising from your (or your child's) use of Third Party Facilities, including claims related to the safety and security of third party facilities.

Miscellaneous

This Agreement supersedes all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties. The agreement cannot be changed or modified orally. Any change or modification must be in writing and agreed to by both parties. If any provision of this Agreement is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of this Agreement shall continue in full force and effect.

BY CLICKING SUBMIT, YOU ARE STATING THAT (1) YOU HAVE READ THE TERMS AND CONDITIONS IN THEIR ENTIRETY INCLUDING ANY AND ALL RELATED LINKS (2) IF APPLICABLE YOU ARE A PARENT OR GUARDIAN OF A MINOR AND GRANT PERMISSION FOR HIM/HER TO PARTICIPATE IN THE PROGRAM WITH THESE CONDITIONS; (3) YOU ACKNOWLEDGE THAT YOU HAVE ENROLLED WITH POWERS FOR THE SOLE PURPOSE OF TEST PREPARATION AND NOT AT THE DIRECTION OF, OR FOR THE BENEFIT OF, ANY TEST PREPARATION COMPETITOR; (4) YOU UNDERSTAND THAT POWERS SERVICES DO NOT GUARANTEE ACCEPTANCE TO ANY SCHOOL (5) YOU AUTHORIZE POWERS REPRESENTATIVES TO CHARGE YOUR CREDIT OR CHARGE CARD IN ACCORDANCE WITH THE AMOUNTS AND SCHEDULE EMAILED TO YOU UNTIL TUITION PAYMENT IS COMPLETE; (6) YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT