Today is Monday, March 30, 2015. When Is Your Testing Date?
Terms Of Service
“Terms Of Service” and “Conditions of Sale”1. Sale and Purchase of Goods
Teaching Solutions ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to pay for all digital test prep products (offered on a “download only basis”) and “additional test prep help service” called Test Coaching, Tutoring, Mentoring and Consulting services (easily accessible and re-billed every 30 days until you cancel by email). ("Checkout") Incorporated herein by this reference ("Goods") on the terms and conditions set forth in this Agreement below. You acknowledge this is a legally binding agreement between Teaching Solutions/Educational Services, inc. and customer (you).
You (customer) acknowledge all products are by “download only”/nothing is shipped (as stated many times on the website, order confirmation, order receipt and many follow-up emails). You thereby agree to waive your right to claim “Non-Receipt” of product/services requiring a signature confirmation by a representative of a courier organization (e.g. Fed Ex, UPS and/or USPS) in order to justify paying for what you ordered, received, participated in and consumed.
You agree if you have any difficulty accessing your products/services ordered and/or any other issue, you will contact client services by email and wait a reasonable amount of time i.e. 24-48 hours; that our customer service is NOT in ‘real time’ because we are educators (with families and careers) some times during the week it may take longer to respond back to you. However, we will help you and resolve any issue to your satisfaction.
Please Read ALL Information Below. These “Terms Of Service” and “Conditions Of Sale” Is A Legally Binding Agreement You Agree To Be Bound To By Purchasing On This Website. These Terms Of Service is also acknowledged and agreed to on the place where customers place/finalize their order.
WARNING: About Committing Credit Card Fraud/Illegal Chargebacks (After Legitimate Purchases) On This Website:
Periodically, due to the faceless and anonymous nature of internet purchases, some unscrupulous people try to get our study guides and tutoring services for free by challenging purchases they made with their credit card company. In many cases this is committing credit card fraud, subject to criminal and civil penalties according to federal and state law and U.S. “Fair Credit Billing Act.” This is especially true after accessing our copyrighted products (that require a license fee be paid to legally access the materials) and we have paid tutors and test prep professionals to schedule time for you each month, but you didn’t contact us first to resolve whatever issue you experienced.
We have a generous refund policy and guarantee if you’re not satisfied with any of our materials and/or Test Coaching services and/or can’t help you pass your exam. We will work with you to resolve any issue through our online support desk 7 days per week at email@example.com. However, credit card fraud and making false/exaggerated claims in order to get products and services for free is not a consumer right. It is fraud and will be dealt with accordingly. Under the “Fair Credit Billing Act” consumers must contact the company to resolve and issues before trying to dispute charges or it may be deemed illegal and credit card fraud and subject to criminal and/or civil penalties.
Chargebacks where the products and services have been delivered online, download logs show you downloaded the product, you never cancelled tutoring services, your IP address matches the city, state and address live and you haven’t contacted our company first to resolve your issue, will be treated as credit card fraud and dealt with accordingly. (See below.)
Therefore, chargebacks are not valid or make any logical sense except for unscrupulous credit cardholders who attempt to get all products and services for free. Irresponsible chargebacks, credit card fraud and/or chargebacks made in attempt to steal our products and services may be subject to criminal penalties subject to determination of local law enforcement in the perpretrator’s city and state. Issuance of civil penalties are subject to the decision of licensed collection agencies in the city and state of the guilty part to assume uncollected debts/amount chargedback.
Credit card companies and PayPal are only a service to facilitate your online payment. Contrary to the belief of some people, disputing your purchases you mde through a chargeback doesn’t release the card holder from responsibility in paying a debt owed nor release them from liability.
A.) Test Coaching, Tutoring And Mentoring Billing:
We clearly disclose the Test Coaching, Tutoring and Mentoring service is offered on a ‘7 Day Free Trial and Evaluation’ basis on the order page you ordered and enter payment information. It states, after the 7 day trial it becomes a paid service automatically billed to your credit card or PayPal account every 30 days for $47 by “TestPrepServ” (until you cancel by email). This is stated and reminded again on each client’s order confirmation page, printable receipt and numerous follow-up email reminders, specifically every month 5 days before the next billing cycle to allow Test Coaching clients ample time to cancel (not be billed again) if they do not want the service i.e. already succeeded on his/her exam.
B.) Credit Card Fraud/Chargeback Claiming Of “Not Authorized” Purchases On This Website:
You agree this is a “test prep product and service” for college students and not products/services that would be a target of an unknown credit card thief. You agree chargebacks have no place in test prep materials that automatically open after completing your order, where secondary download links are sent to your email address as a back-up (if you want to download a second or third time); that our email support team will assist you 7 day per week if you’re new to using computers/internet, need some extra support to download the study guide(s). You acknowledge you can easily contact your test coaching services by email and can simply cancel during the “7 day evaluation period” for Test Coaching (and not be billed). If you cancel after the trial you will not be billed again.
You agree not to attempt a chargeback claiming “you did not authorize payment” and/or products and services you placed, downloaded, used and consumed. You know, test prep products and services are often used for a very short period (e.g. 1-5 days before your exam date and then not needed anymore). Not needing the products and services you downloaded/tutoring service used after your exam date and not wanting to pay for it is not a justification for credit card fraud/chargebacks. If you sign-up for this study guide product plus Test Tutoring/Test Coaching and never cancel it, it’s not grounds for you to make “false, illegal reports” the monthly fee is “not authorized,” suggest we are manually charging you and/or suggest it some unknown 3rd party using your credit card with your home address and your personal IP address.
NOTE: Test coaching clients must contact their assigned coach. Our staff doesn’t call and badger clients to contact their test coach and study for their test. Clients must take full responsibility for their test preparation including using their study guide and Test Coaching service.
C.) Credit Card Fraud/Chargebacks Claiming “Not Receipt Of Merchandise Or Service”:
You acknowledge all products are by “download only”/nothing is shipped (as stated many times on the website). The product description, your order page, order confirmation and numerous follow-up email notify you over and over again this product is “by download only,” how to use the Test Coaching service and offer to help you after purchase. You acknowledge you must contact your Test Coach service by email. Through this deeply discounted rate you received, the tutor will not come to your home. You thereby agree to waive your right to claim “Non-Receipt” of product/services requiring a signature confirmation by a representative of a courier organization (e.g. Fed Ex, UPS and/or USPS) in order to justify paying for what you ordered, received, participated in and consumed.
D.) Credit Card Fraud/Chargeback Claiming “Not As Described, Broken Merchandise, Missing Parts,” etc:
You acknowledge that no study guide or tutoring service will meet the test prep needs of every individual or be a “perfect product/service” to everyone in the general population. No test prep product will cover everything that could possibly pop-up on a difficult professional-level exam normally covering material spanning years of college courses. No study material can predict what may appear on future exam dates including yours.
You consent on purchasing through that you may not agree with the author’s style of writing, test content focus or like it. In your opinion you may think there are “flaws” or even “errors” even though the authors are experts with years of experience and possess doctoral degrees in the field you wish to work in by taking this exam.
We will honor our refund policy, satisfaction and passing guarantee. We will work with all customers to resolve any issues or concerns. However, you agree to be legally bound and in agreement you will not do chargebacks claiming “not as described” and/or claiming defects with the book and/or monthly tutoring services.
We have a refund policy and guarantee if you’re not satisfied with any of our materials, Test Coaching services and/or can’t help you pass your exam. However, credit card fraud and making false/exaggerated claims in order to get products and services for free is not a consumer right. It is fraud and will be dealt with accordingly.
Penalties For Credit Card Fraud And Shoplifting On This Website:
Unwarranted chargebacks and credit card fraud by individuals who did not contact us first to resolve will result in a police report being filed in the city and state of the perpetrator for stealing products/services and credit card fraud. If local police deem it a civil and not a criminal matter after evaluating the documentation we provide, unpaid debts will be sent to a licensed collection agency in the city and state of the guilty party. Collection agencies report all delinquent accounts to the 3 major credit bureaus. This may affect ones credit rating, ability to obtain consumer credit like credit cards, auto loans, rent a house or apartment and get consumer loans like mortgages.
NOTE: The product/service description is not angled for every possible interpretation. Not reading what you ordered, making assumptions about what you thought the product/service description stated and/or ignoring the straightforward/clear recurring billing notice for the Test Coaching, Tutoring and Mentoring services (on the page you enter your order info, order confirmation, receipt and multiple follow-up emails), do not release credit card and Paypal users from responsibility.
We can’t control whether or not you chose to contact your test coach, actually study for your exam and/or remember you have this service. Not liking the service/finding issues with your book and/or stating you didn’t authorize your purchases weeks after your exam date passed isn’t credible or excuse.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout.
All products are delivered by electronic download. Nothing is shipped. All Test Coaching, the GOLD and PLATINUM packages are services (not a product) provided through email based tutoring, coaching, consulting, mentoring. All products open immediately at the time of purchase. As secondary preventive measure a download link is also sent to the email address provided by the customer in their order form. This download link sent by email is available immediately after the time of purchase.
In order to provide the most updated study materials and because most clients purchase 1-5 days before their exam date and do not have a week to wait for a paper book to come in the mail, we do not inventory paper books or send our products by mail or Fed Ex. nor is downloading our copyrighted materials which requires a license, using our tutoring services and then claiming weeks/months later “not as described.”
Terms Of Service and Condition of SaleHow To Contact Customer Service For Help:
If you have any technical difficulty receiving any test prep guide at the time of purchase, send an email to client services at firstname.lastname@example.org. Include your order name and complete title of the study guide you ordered. We’ll send you a link to download your ‘7 Day Comprehensive Success System’ review materials either by an email attachment or another email with your download link. Instructions were provided at the time of purchase for how to contact your Test Coach including on your order confirmation, printable receipt as well as several follow-up emails. Please contact client services by email if you need the email address of your assigned Test Coach contracted for you.
Test Coaching, Tutoring And Mentoring Service And Monthly Billing
Test Coaching, Tutoring And Mentoring is a one-on-one help service with an expert who is highly experienced and specialized in your specific test. You’re given a free, no obligation 7 day free trial, evaluation period to test the quality of this service. Try our Test Coaching, Tutoring and Mentoring service in a free, no obligation, 7 day evaluation period. If you don’t find Test Coaching helpful just cancel anytime during the 7 day free trial and you will not be charged anything. (See this information on the page where you order.) If you find Test Coaching helpful and effective during your 7 day trial period, do nothing. After your 7 day free trial, your Paypal or credit card is charged the monthly Test Coaching fee stated in on your order form at the time of ordering the ‘7 Day Comprehensive Success System’ study guide. This Test Coaching service is auto-billed to your credit card or Paypal account until you cancel by email (like any other membership service). You can cancel anytime and billing stops. Cancellation anytime during or after the free trial is quick, no hassle and easy by email.
5. Limited Warranty And Money Back Guarantee/Refund Policy:
Seller supplies as its sole warranty the following:
My highly professional staff and I make it our mission to help each client succeed on their exam as quickly and easily for them as possible. The only warranty/guarantee offered is a “general courtesy” money back guarantee. The money back guarantee is honored for a full 60 days from the date of purchase. The money back guarantee and refund can be for any product defects, non-satisfaction with the product and/or if the client did not pass their exam within 60 days from the date of purchase.
$10 Administrative Fee On Refunds After Downloading Product
And Starting Test Coaching/Tutoring Services
Upon finalizing your order, your study guide download immediately opens and can be saved to a computer. Normally, clients have an opportunity to download the products immediately after finalizing their order. A second opportunity to download the purchase is provided in a link sent to email address used when ordering. The downloaded materials are subject to copyright law and require a minimum license fee to be paid to the legal copyright holder. Your free, 7 day period of test coaching/tutoring services are scheduled with our team, which means we close this service to new members when full. Therefore, each participant of the ‘money guarantee’ will be issued their initial purchase price amount minus a $10 fee. This fee that pays the legal license fee for downloading our materials (basic license fee for accessing/downloading copyrighted materials), covers payment made to test coaches (normally licensed teachers, registered nurses, college instructors and/or other test prep professionals) who were scheduled/pre-paid to be on ‘stand by’ for first 7 days of services, administration to process your refund and paying credit card/merchant fees associated with these transactions for the convenience of the customer. (NOTE: The test coaching is only included for free for 7 days if you order/pay for the study guide.) $10 is the low end of what other companies charge to do similar administrative work for the convenience of a customer and doesn’t fully cover our costs.
The warranty shall last for sixty days for study guide products.
The warranties provided for herein shall be governed by Seller’s warranty policies in effect on the date of shipment.
6. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
7. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Virginia, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the Commonwealth of Virginia and hereby waives any objection to such jurisdiction and venue. By: “Northern Virginia Business Attorneys and Lawyers” ———————————————————————————————————————————- Earnings Disclaimer
This policy is valid from 30 December 2013
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