Term and Conditions

Please read this Term and Conditions carefully, because by visiting or using this Site (AspiringKidz.com), you agree to be legally bound by and comply with its terms. If you do not agree to comply with this User Agreement, you are not authorized to use the Site (AspiringKidz.com). We may revise this Terms and Conditions from time to time, so please check this Web page each time you visit the Site. If you continue to use the Informational Site after we post the change, this means you have agreed to the new terms.  

Welcome to AspiringKidz.com (the "Site") for Academic Excellence Inc. The site lets you know how Academic Excellence helps students by providing tutoring and instructional services in various subjects. The contents and services of the Site are provided by Academic Excellence Inc, of Congers, New York (referred to herein as "AspiringKidz.com", "we," "us," or "our") subject to the following terms and conditions:

 1. Consent Required.

 PLEASE CAREFULLY READ THESE LEGAL TERMS AND CONDITIONS, WHICH CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US (the "Agreement"), BEFORE USING THIS SITE OR THE SERVICES OFFERED HEREIN. Your consent to these terms, by clicking the "I AGREE" icon below or executing a paper copy of this Agreement, is a pre-condition to accessing the services we offer on this Site. Following your initial agreement to the terms set forth in this Agreement, including the selected terms of the current service schedule attached hereto (the "Service Schedule"), your continued use of such services shall constitute your consent to be bound by the terms of this Agreement as they may be revised from time to time. By agreeing to the terms in this Agreement, you are deemed to have represented and warranted to us that you have attained the age of majority under the laws of the jurisdiction in which you reside.

 2. Description of Services.

 Through this Site, we provide to users (the "Students") tutoring and instructional services which include the teaching of basic concepts and problem solving skills in the subjects set forth on the Service Schedule (the "Services"). The Services will be provided to the Students in one-on-one sessions (the "Sessions") conducted by tutors (the "Tutors") selected by us in our sole discretion. The Sessions will occur via connections through this Site and real-time communications between the Tutor and the Student. The Sessions shall occur only during those hours and days as set forth in the Service Schedule. There will be offline sessions as well for communications between the Tutor and the student. 

 3. Scheduling of Sessions.

 You or the Student shall schedule the Sessions such that the Student has no less than the minimum hours set forth in the Service Schedule. Procedures regarding the scheduling and rescheduling of Sessions are set forth in the Service Schedule.  

4. Term of Services.

 You agree that Services shall be for the minimum term as set forth in the Service Schedule. The Services shall also be subject to the additional terms and conditions set forth in the Service Schedule. ACADEMIC EXCELLENCE INC AND SITE (ASPIRINGKIDZ.COM) AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACADEMIC EXCELLENCE INC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ACADEMIC EXCELLENCE INC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

5. Service Order/Fee

Your order pursuant to the Service Schedule (the "Service Order") issued by the Student Enrollment Officer shall become a part of this Agreement.  The fees applicable to the Services and payable to Academic Excellence Inc shall be as set forth in the Service Schedule.  All payments to Academic Excellence Inc (aka AspiringKidz.com) relating to the use of the Services by you, the Student, or any third party shall be by credit card and checks only. Credit Cards are accepted via a third party service provider selected by us, with payment in advance for the Services and periods selected.  

7. Limited License to Use Software.

 Subject to the terms of this Agreement, Academic Excellence Inc (aka AspiringKidz.com) hereby grants the Student (and only the Student) a limited, personal, non-sub licensable, non-transferable, royalty-free, nonexclusive license to use, solely in connection with the Services in accordance with any documentation that accompanies it. Neither you nor the Student may, directly or indirectly, copy, distribute, rent, lease, timeshare, operate a service bureau with, use commercially or for the benefit of a third party, reverse engineer, disassemble, decompile, attempt to discover the source code or structure, sequence and organization of, or remove any proprietary notices from, the Software. As between the parties, title, ownership rights, and intellectual property rights in and to the Software, and any copies or portions thereof, shall remain in Academic Excellence Inc (aka AspiringKidz.com) and its suppliers or licensors. This Agreement does not give you any rights not expressly granted herein. This Agreement does not entitle you to any support, upgrades, patches, enhancements, or fixes for the Software. Any such support for the Software that may be made available by us shall become part of the Software and subject to this Agreement. 

You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the Site AspiringKidz.com (including computer programs or other code) (“Site Materials”), except that you may download one machine-readable copy of the Site Materials, or, in the case of the Academic Excellence Inc Catalog, more than one copy, only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials.

 8. Disclaimer and Limitation of Liability.

 ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO THE INFORMATIONAL SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE INFORMATIONAL SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM IT ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. WE ARE NOT LIABLE FOR ANY CLAIM, LOSS, OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS, OR OTHER INACCURACIES IN OUR SITE, NOR FOR ANY CLAIM, LOSS, OR INJURY THAT RESULTS FROM YOUR USE OF THIS SITE OR YOUR BREACH OF ANY PROVISION OF THIS USER AGREEMENT. 

Unless otherwise mentioned, the Services and collectively, the "Deliverables" are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Academic Excellence Inc, AspiringKidz.com, its affiliates and licensors disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, performance, accuracy, reliability, and non-infringement. Academic Excellence Inc, AspiringKidz.com, its affiliates and licensors do not warrant or make any representations regarding the use or the results of the use of the Deliverables in terms of their correctness, accuracy, reliability, security or otherwise. Subject to Sections above, you (and not Academic Excellence Inc or AspiringKidz.com) assumes the entire cost of any necessary servicing, repair or correction that may result from the use of the Deliverables by you or the Student.  

Under no circumstances, including, but not limited to negligence, shall Academic Excellence Inc (aka AspiringKidz.com), its subsidiaries or affiliated companies or licensors or their board of directors and officers, be liable for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of results, computer failure or malfunction, that result from the use of, or the inability to use, the Deliverables, even if Academic Excellence Inc (aka AspiringKidz.com) has been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the amount paid by you, if any, for using the Deliverables.  

Material in this service comes from a myriad of sources and may be inaccurate or incomplete. AspiringKidz.com cannot and does not warrant the accuracy, completeness, timeliness, non infringement, merchantability or fitness for a particular purpose of any information available through this service. Furthermore, AspiringKidz.com does not guarantee in any way that it is providing all the information that may be available. AspiringKidz.com shall not be liable to you or anyone else for any loss or injury caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, or delivering the service and any information through the service. In no event will Academic Excellence Inc (aka AspiringKidz.com) be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

9. Indemnification.

 To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Academic Excellence Inc (aka AspiringKidz.com), its affiliates and related companies, and any of their respective directors, officers, employees, consultants and agents, from and against all claims, liability, and expenses, including all legal fees and costs, arising out of either (a) your breach of any provision of this Agreement or (b) use of the Deliverables by you, the Student, or any third party. We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any action, claim or matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.

 10. Severability.

 If any provision of this Agreement shall be found to be unlawful, void and unenforceable, then such provision shall be deemed severable from this Agreement and will not affect the validity and enforceability of the remaining provisions of this Agreement.

 11. Amendments.

 Academic Excellence Inc (aka AspiringKidz.com) reserves the right to modify this Agreement (which includes the Service Schedule attached hereto) at any time. You should review the Agreement as posted on this Site on a regular basis. Continued use of the Services by you or the Student following amendments to this Agreement shall constitute your acceptance of such amendments.

 12. Export Controls.

 You shall comply (and shall cause the Student to comply) with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or other United States or foreign agency or authority, and not export, or allow the export or re-export of the software in violation of any such restrictions, laws or regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of, any restricted country or on any such list.

13. Governing Law.

The Services are offered via the Internet and the Students and Tutors are located throughout various jurisdictions worldwide. The Site is controlled and operated from our offices in New York, USA and Chennai, India. Academic Excellence Inc (aka AspiringKidz.com) makes no representation that the Deliverables are appropriate or available for use in all locations. This Terms and Conditions will be governed by the laws of the State of New York applicable to contracts made and performed there without regard to its conflicts of law principles. In the event of any dispute relating to the Site, the Services or the terms of this Agreement, you expressly consent to the exclusive forum, jurisdiction, and venue of courts in the Town of Clarkstown in New York, U.S.A.

 14. Termination.

 This Agreement is effective until it is terminated by Academic Excellence Inc (aka AspiringKidz.com) or by you. You may terminate this Agreement pursuant to the terms set forth in the Service Schedule by contacting our customer support by e-mail or by fax. This Agreement will terminate immediately without notice from us if we, in our sole discretion, decide to terminate it, in which case any fees paid by you in advance for any unused Sessions shall be refunded to you within a reasonable time after such termination. Upon termination of this Agreement, for any reason whatsoever, you shall destroy or remove from all computers, networks, and storage media all copies of the Software. We reserve the right to terminate the Site (aspiringkidz.com) and this Terms and Conditions at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.

 15. Student (User) Responsibilities

 Use of the Academic Excellence Office of Educational Technology resources is granted based on acceptance of the following specific responsibilities:

 Use only those computing and information technology resources for which you have authorization.  For example, it is a violation:

• To use resources you have not been specifically authorized to use
• To use someone else's account and password or share your account and password with someone else
• To access files, data, or processes without authorization
• To purposely look for or exploit security flaws to gain system or data access

 Protect the access and integrity of computing and information technology resources. For example, it is a violation:

• To release a virus or worm that damages or harms a system or network
• To prevent others from accessing an authorized service
• To send email that may cause problems and disrupt service for other users
• To attempt to deliberately degrade performance or deny service
• To corrupt or misuse information
• To alter or destroy information without authorization

Abide by applicable laws and policies and respect the copyrights and intellectual property rights of others, including the legal use of copyrighted software. For example, it is a violation:  

• To download, use or distribute copyrighted materials, including pirated software
• To make more copies of licensed software than the license allows
• To operate and participate in pyramid schemes
• To distribute pornography to minors
• To upload, download, distribute or possess child pornography

Use computing and information technology resources only for their intended purposes. For example, it is a violation:  

• To distribute copyrighted materials without express permission of the copyright holder
• To send forged email
• To misuse Internet Relay Chat (IRC) software to allow users to hide their identity, or to interfere with other systems or users
• To send terrorist threats or "hoax messages"
• To send chain letters
• To intercept or monitor any network communications not intended for you
• To attempt to circumvent security mechanisms
• To use privileged access for other than official duties
• To use former privileges after completing the course or termination, except as stipulated by Academic Excellence Inc (aka AspiringKidz.com)

Respect the privacy and personal rights of others. For example, it is a violation:

• To use electronic resources for harassment or stalking other individuals
• To access or attempt to access other individual's password or data without explicit authorization
• To access or copy another user's electronic mail, data, programs, or other files without permission
• To disclose information about students

16. Enforcement.

 Academic Excellence Inc (aka AspiringKidz.com) considers any violation of acceptable use principles or guidelines to be a serious offense and reserves the right to copy and examine any files or information resident on AspiringKidz.com systems allegedly related to unacceptable use and to protect its network from systems and events that threaten or degrade operations. Violators are subject to disciplinary action. Offenders also may be prosecuted under laws including (but not limited to) the Communications Act of 1934 (amended), the Family Educational Rights and Privacy Act of 1974, the Computer Fraud and Abuse Act of 1986, The Computer Virus Eradication Act of 1989, Interstate Transportation of Stolen Property, New York General Laws, No Electronic Theft Act of 1997, Digital Millennium Copyright Act of 1999, and the Electronic Communications Privacy Act.

17. Refund Policy.

A 100% refund, less a $35 service fee, will be given if the student submits a written, signed request for a refund no later than the fifth working day prior to class starting. No refunds will be issued after five working days before first class meeting, unless the class is canceled by Academic Excellence Inc (AspiringKidz.com). In this event, 100% of the tuition and fees will be refunded. Refunds shall not be provided if there is a change in schedules and/or timings when the tutoring service is being offered.

Please allow three weeks for refund checks to be mailed. This policy applies to all AspiringKidz.com classes unless otherwise stated. Course tuition and fees are not transferable from one class to another or from one student to another.