ScoreItUp LSAT Prep Enrollment Agreement/Waiver
This agreement/waiver (“Agreement”) between ScoreItUp LLC (“ScoreItUp”) and Student includes all of the following terms and conditions:
- LESSONS: All live and online video lessons will be taught by Mark Sacks. The content of all lessons and mock exams shall be at the discretion of ScoreItUp.
- ONLINE ACCESS (LIVE COURSE STUDENTS): Students in ScoreItUp live courses shall have access to ScoreItUp’s confidential and proprietary online information and online video course beginning shortly after Student’s live course begins and lasting through the official LSAT date immediately following the final meeting of Student’s live course. Arrangements for extending online access beyond this time period can be made if agreed upon by email by ScoreItUp – an additional fee may apply.
- ONLINE ACCESS (ONLINE COURSE STUDENTS): Students in ScoreItUp ‘s online video course shall have access to ScoreItUp’s confidential and proprietary online information and online video course for the amount of time that Student’s online course lasts. The time period of online access shall begin at the time Student receives a username and password to access the online material. Arrangements for extending online access beyond this time period can be made if agreed upon by email by ScoreItUp – an additional fee may apply.
- MISUSE OF SCOREITUP’S INTELLECTUAL PROPERTY: Student agrees that he/she shall not sell, loan, give away, copy or cause to be copied or reproduced in any way, form, or manner, electronic or otherwise, any of the materials provided to Student by ScoreItUp. In particular, Student will not use any of the materials provided to Student by ScoreItUp for the purpose of teaching or tutoring LSAT preparation. In addition, Student will not provide any of ScoreItUp’s materials, including its written and online materials or the content of any of ScoreItUp’s live course meetings, to anyone else for any reason whatsoever.
- MISUSE OF SCOREITUP COURSE: Student expressly represents that he/she is taking ScoreItUp’s course for the sole purpose of improving his or her LSAT score, and is not an agent, officer, director, employee, volunteer, assistant or contractor (or temporarily acting in any of those capacities) of any other test preparation company. Student further represents that he/she will not use, directly or indirectly, any part of ScoreItUp’s course or materials to assist in any way any other existing or future test preparation company.
- ABUSIVE CLASSROOM BEHAVIOR: Student understands that live courses are being taken with other students, and agrees to conduct himself/herself reasonably and avoid engaging in any outrageous or offensive behavior, or behavior that is unreasonably disruptive to any other student, proctor or instructor. ScoreItUp reserves the right to prohibit any Student from attending classroom lessons if it determines, in its sole discretion, that Student’s conduct is unreasonably offensive or disruptive. In addition, any conduct that a reasonable person would consider unacceptable, or unreasonably disruptive to any other student, proctor or instructor, shall constitute a breach of this agreement.
- BREACH OF AGREEMENT: In the event that Student breaches any of the terms of this Agreement/Waiver, Student agrees that ScoreItUp may terminate Student’s further participation in ScoreItUp’s LSAT Preparation course and may revoke Student’s right to use ScoreItUp’s materials, and Student will not be entitled to any refund. Student further acknowledges and is specifically being advised that this paragraph does not in any way limit or restrict any other rights or claims that ScoreItUp may have as a matter of law, specifically including but not limited to the protection and enforcement of any intellectual property rights of ScoreItUp that extend beyond the terms of this Agreement/Waiver.
- ATTORNEYS’ FEES: Any disputes arising out of this Agreement between ScoreItUp and Student shall be governed by the laws of the State of California. The losing party shall be responsible for paying all costs and attorneys’ fees to the prevailing party, should litigation between Student and ScoreItUp occur that arises out of the terms of this Agreement.
- REFUNDS: Students in ScoreItUp’s live courses are entitled to a full refund, less a $75 administrative fee, if ScoreItUp receives email notification of student’s cancellation at least two weeks before the course’s first meeting date. After that time, Student is not entitled to any refund of any money paid to ScoreItUp unless the conditions of Paragraphs 10, 12(d) or (e), apply. ScoreItUp shall pay any refund to which Student is entitled within thirty (30) days of receiving written notice of student’s cancellation unless there is good cause to delay the refund. If Student requests online access before the course begins, no refund will be issued for the course after a password for online access is emailed to Student, unless the conditions of Paragraphs 10, 12(d) or (e), apply.
- HIGHER SCORE GUARANTEE: If all of the following conditions listed below are met, Students taking ScoreItUp’s live courses are entitled to ONE of the following two options (not both): (a) a full refund of their course fee, or (b) the opportunity to re-take ScoreItUp’s live course again for free within two years of their original course’s start date. In order to qualify for this higher score guarantee, all of the following conditions must be met:
- Prior to the start of the live course, Student advises ScoreItUp by email (to firstname.lastname@example.org) that he/she previously took the official LSAT, and attaches a copy of Student’s official score report listing all of Student’s official LSAT scores.
- Student takes the official LSAT again at the next LSAT date immediately following the final class meeting of the ScoreItUp course in which Student is enrolled.
- After retaking the LSAT in accordance with Paragraph 10b., Student does not receive a higher LSAT score than Student’s previous official LSAT score(s).
- Student advises ScoreItUp of his/her LSAT score by email (to email@example.com) within 90 days after the last meeting of their ScoreItUp course, attaches their official score report showing all of their official LSAT scores, and requests a refund or repeat course.
- Student is taking ScoreItUp’s live course for the first time.
- Student returns his/her LSAT practice exam books and SuperPrep book to ScoreItUp.
Any act by Student of providing knowingly false information regarding Students’ LSAT score(s) to ScoreItUp shall be considered fraud, and ScoreItUp shall have the right to pursue all available legal remedies against Student.
- RIGHT TO DENY ENROLLMENT: ScoreItUp may at any time deny enrollment to any Student, in ScoreItUp’s sole discretion, for any reason that is not prohibited by law. If ScoreItUp denies enrollment to a Student because of the provisions of this paragraph, ScoreItUp shall advise Student that his/her enrollment is being denied. ScoreItUp shall refund Student’s course fee within 72 hours of the advisement to Student, unless Student has breached the terms of this Agreement/Waiver.
- STUDENT ACKNOWLEDGMENTS AND AGREEMENTS:
(a) Student has read, understands, and agrees to all of the terms of this Agreement/Waiver;
(b) Other than what is expressly stated in Paragraph 10, above, ScoreItUp has made no express or implied statements, and no oral or written representations, promises or guarantees of any kind, as to Student’s performance on the LSAT, including Student’s LSAT score or percentile.
(c) This Agreement represents the sole understanding of the parties, and Student has not relied upon any representations of any kind, express or implied, oral or written, other than what is expressly contained within the terms of this Agreement/Waiver.
(d) Although it is unlikely, ScoreItUp’s classes and locations are subject to change or cancellation. In the event ScoreItUp’s course is cancelled in its entirety, and no future makeup course is mutually agreed upon, Student may receive a full refund within thirty (30) days of ScoreItUp’s cancellation. Student is not entitled to any further compensation in the event a ScoreItUp live course is cancelled or changed.
(e) If ScoreItUp cancels one or more live course meetings, and does not schedule a makeup date within three weeks of the cancelled meeting, Student shall receive a pro rata refund. For example, if one four-hour lesson or practice exam is cancelled, without a rescheduled makeup date within three weeks, in ScoreItUp’s 104-hour live course, Student would receive a refund of 4/104th of Student’s course fee. Student is not entitled to any further compensation in the event a ScoreItUp live course meeting is cancelled or changed.
(f) Student has had an opportunity to review and edit this Agreement. Any ambiguities in this Agreement shall not be interpreted in favor of one party or against the other party.
(h) If any part of this Agreement is deemed void as a matter of law, the remaining parts shall remain in full force and effect.