LAST UPDATED: February 16, 2019

QUALITY COUNTS EDUCATIONAL SERVICES

Website Terms and Conditions

This website is operated by Quality Counts Educational Services LLC. Throughout the site https://www.qualitycountsedu.com (the “Site”), the terms “we”, “us”, “our” and “Quality Counts” refer to Quality Counts Educational Services LLC. Quality Counts offers this Site and all products and/or services contained therein, to You, the user, and all other users, conditioned upon Your acceptance of all terms, conditions, policies and notices stated here in these Terms and Conditions (“Terms”).

By visiting Our Site and/ or purchasing Our services, You engage in Our “Service” and agree to be bound by the following Terms including any additional terms, conditions, agreements, contracts or policies supplied on this Site. By using this Site, You represent and warrant that You are of legal age to form a binding contract with Quality Counts and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Site. These Terms apply to ALL persons who view and/or use the Site, including without limitation browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site, You agree to be bound by these Terms. If You do not agree to these Terms then You may not access the Site or use any of Our Services. If these Terms are to be construed as an offer, acceptance is happened upon use of this Site and expressly limited to these Terms.

Any new features, tools or updates which are added to the current Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to this Site. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

QUALITY COUNTS TERMS AND CONDITIONS

By agreeing to these Terms, You represent that You are of legal age to validly enter into contracts and thus be bound by these Terms.

You may not use Our Services or this Site to further any illegal or unauthorized purpose including but not limited to fraud, embezzlement, copyright infringement, theft, trademark infringement and/or violation of any privacy rights of Us or any third parties.

You must not transmit any worms or viruses or any code of a destructive nature on this Site, to any users of this Site or to any administrators of this Site via email or any other method of digital communication. A breach or violation of any of these Terms shall result in an immediate termination of Your Services and the discontinuation of Your use of the Site.

QUALITY COUNTS SERVICES

Quality Counts is an academic tutoring and learning company that provides tutoring and teaching services, programs and learning materials for school-aged children and adults based in the Washington D.C., Maryland, Virginia metropolitan area. Further, Quality Counts services are strictly limited to the Washington D.C., Maryland, Virginia metropolitan area, unless otherwise stated by Quality Counts or agreed upon between You and Quality Counts. To better accommodate its clients, Quality Counts teachings reference the Maryland “Common Core Curriculum.” All Services provided by Quality Counts are delivered in person. No tutoring services or sessions are conducted remotely, digitally, over the phone or via video conference.

Further, We have made every effort to accurately describe the Services that appear on this Site. All descriptions of Services or pricing are subject to change at any time without notice, at Our sole discretion. We reserve the right to discontinue any Service at any time. Any offer for Service made on this Site is void where prohibited. We reserve the right, but are not obligated, to limit the sales of Our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that We offer.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for Our services and products are subject to change without notice. We reserve the right at any time to modify or discontinue any Services, discounts or offerings (or any part or content thereof) without notice at any time.

We shall not be liable to You or any third-party for any modification, price change, suspension or discontinuance of Site products or services.

CANCELLATION AND REFUND POLICY

We offer partial refunds for any packaged sessions purchased or booked but not yet received, such refunds to be granted or denied at the sole discretion of Quality Counts. If You book and pay for a package of sessions, all purchased sessions must be schedule within the package’s 30-day expiration period. Any individual session(s) not booked within the package’s 30-day expiration period will be forfeited, not available for a refund, and no longer available for scheduling.

If You book and pay for a package of sessions and decide to cancel a booked session prior to the 30 –day expiration date, you may cancel the individual session and be allowed to reschedule the individual session any time before the package’s expiration date so long as You cancel more than twenty-four (24) hours prior to Your session time. If You cancel within twenty-four (24) hours, Your funds will be forfeited and will not be available for refund. If You cancel Your session more that twenty-four (24) hours prior to Your session time, all package purchasers shall be entitled to reschedule his/her session(s) as many times as required (provided that You have given a 24 hour cancellation notice) prior to the 30-day expiration date to ensure that You receive the full benefit of the packaged sessions purchased.

Add-On sessions purchased are non-refundable and must be booked and take place before the expiration date of the package of sessions actively in use. Cancellations, refunds and rescheduling of Add-On sessions shall be treated as sessions that are purchased with a package. You may cancel the Add-On session and be allowed to reschedule the Add-On session any time before the expiration date of the package of sessions actively in use so long as You cancel more than twenty-four (24) hours prior to Your session time. If You cancel an Add-On session within twenty-four (24) hours, Your funds will be forfeited and will not be available for refund. In the event of You or Your child’s sudden illness, incapacity, personal emergency or unforeseen tragedy within twenty-four (24) hours of a scheduled session, You must notify Us as soon as possible to avoid forfeiture of an available session within the package in use, and such reimbursement of a session’s time or any possible refunds are to be granted or denied at the sole discretion of Quality Counts.

If for ANY reason, You fail to attend or notify Us of Your intent to cancel or reschedule a session fifteen (15) minutes or more after Your scheduled session time, You will be considered a “No Show” and You shall not be entitled to any refunds or rescheduling of Your session. A new Add-On session or package of sessions (if the current package has reached its expiration date) will have to be scheduled and paid for in order to reschedule a No Show session.

Send an email to contact@qualitycountsedu.com to discuss the cancellation, rescheduling or refund of Your session.

GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, 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 Quality Counts and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms 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:

· Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.

· You may store files that are automatically cached by Your Web browser for display enhancement purposes.

· If We provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by Our end user license agreement for such applications.

· If We provide social media features with certain content, You may take such actions as are enabled by such features.

You must not:

· Modify copies of any materials from this Site.

· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

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, Your right to use the Site shall 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 Quality Counts. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

TRADEMARKS

The Quality Counts name, the Quality Counts logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Quality Counts or its affiliates or licensors. You must not use such marks without Our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order or request for Service You place with Us. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.

OPTIONAL TOOLS

We may provide You with access to third-party tools over which We neither monitor nor have any control nor input.

You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.

Any use by You of optional tools offered through the Site is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site, potentially through third party providers (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

THIRD-PARTY LINKS

Certain content, products and services available via Our Site may include materials from third-parties.

Third-party links on this Site may direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy of any information provided by a third-party or any third-party sites and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us You send comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.

· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

· To impersonate or attempt to impersonate Quality Counts, a Quality Counts employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

· To engage in any other conduct that restricts or inhibits use or enjoyment of the Site, or which, as determined by Us, may harm Quality Counts or users of the Site or expose them to liability.

Additionally, You agree not to:

· Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

· Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

· Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Our prior written consent.

· Use any device, software, or routine that interferes with the proper working of the Site.

· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

· Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

· Otherwise attempt to interfere with the proper working of the Website.

PERSONAL INFORMATION

Your submission of personal information through the Site is governed by Our Privacy Policy, a copy of which can be found in the footer of this Site.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on Our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service/product descriptions, service/product components, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at Your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that the Service will be timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable nor do We warrant or guarantee that Your use of Our service will yield any specific results as it relates to academic performance for You or Your child.

You agree that from time to time We may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to You.

You expressly agree that Your use of, or inability to use, the Service is at Your sole risk. The Service and all products and services delivered to You through the Service are (except as expressly stated by Us) provided ‘as is’ and ‘as available’ for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall We, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation poor grades, failed exams, failed classes, lost scholarships, lost academic opportunity, grade level failure, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service or any products procured using the Service, or for any other claim related in any way to Your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.

RELIANCE ON INFORMATION POSTED

The information presented on this Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Quality Counts, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Our opinion. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

NO GUARANTEES.

We have not and will not make any promises or guarantees regarding the outcome of Your use of any services purchased by You on this Site or otherwise provided by Quality Counts. You further acknowledge and agree that We shall still be entitled to retain all monies received from You or any other users regardless of the outcome of Your use of Our services.

Further, We do not warrant that the quality of any Services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Service will be corrected.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, 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 or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party or Your use of the Site, 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.

HEADINGS AND CONSTRUCTION

Headings are inserted for convenience and shall not affect the construction of this Agreement. The singular includes the plural and vice versa. Any ambiguities in the interpretation of these Terms shall not be construed against Us.

SEVERABILITY

The invalidity or unenforceability of any part of these Terms, for any reason, shall not prejudice or affect the validity or enforceability of the remainder, and if at any time any one or more of the provisions of these Terms is held to be or becomes void or otherwise unenforceable for any reason, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in this Agreement will remain in full force and effect

TERMINATION

These Terms are effective unless and until terminated by either You or Us. You may terminate these Terms at any time by cessation of use of this Site and the discontinuation of all Services.

If in Our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms, We also may terminate this agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to this Site and Our Services (or any part thereof).

WAIVER

The failure of Us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by Us on this Site or in respect to the Service constitutes the entire agreement and understanding between You and Us and govern Your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms).

GOVERNING LAW AND JURISDICTION

All matters relating to the Site and these Terms 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 internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or Your use of the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland in each case located in the City of Lanham and County of Prince George, although We retain the right to bring any suit, action, or proceeding against You for breach of these Terms in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time on this Site. We reserve the right, at Our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to Our Site. It is Your responsibility to check Our Site periodically for changes. Your continued use of or access to Our Site following the posting of any changes to these Terms constitutes acceptance of those changes.

QUESTIONS AND CONCERNS

This Site is owned and operated by Quality Counts Educational Services LLC a Maryland Limited Liability Company. If You have a question or comment for Us, feel free to contact Us using the “Contact Us” form on this Site. All inquiries received through the “Contact Us” form on this Site are answered within 36 hours of receipt.

All other feedback, comments, requests for technical support, and other communications relating to the Site may be directed to: contact@qualitycountsedu.com.