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      Use of and Access to Documents and Proprietary Materials

      Once Customers have registered for services and provided payment information, they will be given access to certain InGenius proprietary materials. Their access to these materials will end upon completion of services through InGenius.

      Customers given access to any proprietary materials from InGenius are not permitted to share those materials with non-Customers. The Customers are purchasing a personal, non-exclusive, non-transferable, royalty-free license to use InGenius’s proprietary information for only so long as they continue to pay for services through InGenius.

      Payment and Services

      Purchasing an InGenius Prep Package

      By purchasing an InGenius Prep package, the customer represents that he or she is legally bound and obligated to pay the full amount owed on the service or product connected to said payment plan.

      If the Customer and InGenius agree on a split payment plan, the Customer’s credit card on file will be charged automatically pursuant to the selected payment plan option.

      If a Customer fails to pay any amounts owed to InGenius in connection with a split payment, InGenius reserves the right to pursue such unpaid amounts and that Customer will remain liable to InGenius for all charges under this agreement and all the costs incurred to collect these charges, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

      Upgrades and Changes

      If a Customer chooses to upgrade a counseling service to the higher option, Customer will be charged an additional $300 as an upgrade and package change fee.

      Warranty, Refunds and Cancellation

      Warranty

      InGenius Prep does not make any warranty, guarantee, or promise that Customers will be accepted to desired schools or institutions.

      Refunds

      All refunds are subject to the approval of InGenius. If Customer desires a refund, Customer shall submit a written request for a refund outlining the reasons therefore and what section of this Agreement entitles him/her to such a refund. The written request should be sent through email to the Customer’s Progress Manager and [email protected] InGenius shall review this request and render a decision on Customer’s eligibility for a refund. If InGenius grants the refund, InGenius shall be required to issue the refunded amount within fourteen (14) days of its decision. The decision to grant a refund will be made consistent with the good faith, fair dealing, and best judgment of InGenius.

      Cancellation

      Customers may elect to stop receiving services from InGenius at any time. In the event of such service cancellation, Customers will be entitled to a refund, if any, only in accordance with the InGenius refund policy.

      Customer Privacy/Confidentiality

      Unless otherwise stipulated by a Customer, InGenius will not disclose any directly personally identifying information about that Customer to any individual or entity not employed by InGenius. Unless otherwise stipulated by a Customer, InGenius will store all application materials created by the Customer for use as examples or learning materials for future Customers and potential Customers. All such materials will be stripped of any directly personally identifying information.

      Admissions Results and Marketing

      InGenius may use Student’s results in written materials and/or presentations about results or case studies. InGenius shall not disseminate sensitive personal or financial information about students and/or parents. Student may request to anonymize their personal information in any marketing material related to admissions results.

      General

      Terms of Use

      Unless otherwise specified, all materials a Customer receives from InGenius are for personal and non-commercial use. No Customer may modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from InGenius Prep without explicit, prior written permission.

      Force Majeure

      Neither InGenius nor the Customer shall be liable for any failure, cancellation or delay in performance (other than for delay in the payment of money due and payable) to the extent said failures, cancellations or delays are proximately caused by forces beyond that party’s reasonable control and occurring without its fault or negligence, including, but not limited to, the failure of suppliers, subcontractors, and carriers.

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