Inspirica Terms And Conditions

What follows are the terms and conditions for the site and services of Inspirica Pros, LLC (“Inspirica”, or “we”) for our users and clients (“You”). We may change them at our discretion; those changes will be effective immediately when we post them on our website.

Site Usage

1.  Use of Site: By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. Your mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some cases, we can also ask you to explicitly agree.
2. Electronic communication: By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to, the requirement that such communications should be in writing.
3. Intellectual property: We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
   Unless specific content dictates otherwise, we do not grant you a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote). Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.
4. Third-party property: Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which we have linked to. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
   We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services.
   We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
5. Responsible use: By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
   Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
6. Termination of use: We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Tutoring Services

1. Registration: When we start work, we’ll ask you to register for an account on our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts, whether you expressly authorize access to your account or not. You must notify us immediately if you become aware of any disclosure of your password.
2. Restaffing: The fit between a student and tutor is both science and art, and infrequently,, we make a match that does not work. If an Inspirica tutor is not an ideal fit for you, please contact us quickly and we’ll find you a different and better one.
3. Scheduling Sessions and Cancelation Policy: All scheduling is handled directly between the client and the tutor. You must cancel at least 24 hours in advance, excluding sickness and emergencies; we will charge for the full session for late cancellations. If our tutor cancels, of course, or if we are unable to tutor you for other reasons (e.g. a flood or internet outage) we will credit your account.
4. Payments and Billing:
   1. On signing up with us as a tutoring client, you will choose an authorized payer, who will authorize us to charge the payment method on file for tutoring sessions, and/or proctored exams/materials. We will hold the authorized payer responsible and accountable for paying all outstanding bills for all sessions.
   2. When we quote a tutoring rate (whether on the website, in person, or via phone, text, or email), that is an hourly rate, and not a fee per session. Session lengths may vary and will be billed in five-minute increments. This hourly rate or package rate only applies to the specific tutoring program in question.
   3. We generally bill within 24 hours after each session, automatically billing the credit or debit card after each tutoring session and emailing a receipt to the authorized payer. Please let us know if you prefer to pay us in advance instead.
   4. If a payment is declined, the tutoring program will be paused until a valid form of payment is submitted to us and we have successfully collected any outstanding balances. At our discretion, we may charge a $30 fee in the event of a declined credit card charge or check.
   5. Many of our tutors ask you to purchase a package of sessions, sometimes at a small discount, to lock in their schedule. Unless we agree beforehand, you must utilize these sessions within twelve months of their start. There are no refunds for these packages.
   6. If you think the bill contains an error, please let us know immediately, and in no event after ten business days of receipt. If the dispute is not filed within those two days, we will consider the charge authorized; resolution of any dispute after the ten-day window is at our discretion.

Proctoring and Practice Test Services

1. Exams: Inspirica Pros charges for its proctoring services only. It does not supply exams, nor do we have any insight into or responsibility for exams provided by the test takers.
2. Test Materials and Supplies: Inspirica Pros will only supply a test bubble sheet and an associated score report for publicly-available answer keys. Test takers must bring their own supplies, including their own test.
3. Fees: Our fee for proctoring services is $99.00 per in-person sitting, $75.00 for virtual classroom sitting, and $45.00 for a score report only. We waive these fees for active tutoring clients.
4. Cancellations and Refunds: You must cancel at least 24 hours in advance of a proctored test; if you don’t–whether or not you are an active tutoring client, we will bill you (of course, if we need to reschedule for any reason, we will issue you a refund and may waive our fee for the new date). We cannot refund fees for digital products (i.e. the ACT/SAT Pathfinder) we license on your behalf.

For the Lawyers

1. Warranties
   1. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that this website or our products or services will meet your requirements; that this website will be available on an uninterrupted, timely, secure, or error-free basis; or that the quality of any service purchased or obtained by you through this website will meet your expectations. Of course, nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude.
   2. Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
   3. The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website. Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
2. Privacy: To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date. We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services. We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.
3. Export restrictions: Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of the United States’ export laws and regulations.
4. Assignment: You may not assign, transfer or subcontract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
5. Breaches: Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
6. Force majeure: Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
7. Indemnification: You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
8. Waiver: Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
9. Language: These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language. Headings used in these Terms and Conditions do not have any substantive meaning or interpretive value.
10. Entire agreement: These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between us in relation to your use of this website or our services.
11. Updating of these Terms and Conditions: We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.
12. Choice of Law and Jurisdiction: These Terms and Conditions shall be governed by the laws of New York. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of New York. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
13. Contact information: This website is owned and operated by Inspirica Pros. You may contact us regarding these Terms and Conditions by email at [email protected] or by mail at 6020 Chelsea Piers, New York, NY 10011