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ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU SIGN UP. THE INDIVIDUAL SIGNING UP FOR OUR SERVICES AGREES TO BE BOUND BY THESE TERMS. IF YOU HAVE ALREADY PURCHASED OUR SERVICES AND DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES AND CONTACT US IMMEDIATELY AND YOUR PAYMENT WILL BE REFUNDED.

These Terms and Conditions are effective on the day you sign up, by and between ASAP Tutor, Inc. ("ASAP") and you ("User").

ASAP desires to sell to User and User desires to purchase from ASAP, educational help and materials.

NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties agree as follows:

1. Sale

ASAP agrees to sell, transfer and convey to User, and User agrees to purchase Services which may include but are not limited to E-mail/Fax Help, Online One on One Help, Individual Tutor Course, and/or other educational materials (collectively, "Services") made available from time to time on ASAPTutor.com or such other web-sites as may be owned or controlled by ASAP (collectively, "Web-site").

2. Price

User shall pay ASAP for the Services in accordance with the prices listed on the Web-site from time to time. User shall make payment of the purchase price before using the Services. In the event that User uses the Services without first making payment and the purchase price is not then paid on time, then in addition to the listed prices, ASAP may impose, and User agrees to pay, a late payment charge equal to one percent (1%) per month on the overdue amount.

3. Restrictions on Use

User shall NOT use Services for any illegal purposes or in any manner inconsistent with these Terms and Conditions. User shall NOT sublicense, assign, or distribute copies of the Services to others. User shall NOT recompile, reverse engineer, disassemble, or otherwise reduce the material on the Web-site to a human readable form. User shall NOT modify, adapt, translate, rent, lease, loan, resell for profit, distribute, or otherwise assign or transfer the Services, or derivative works based upon the Services or any part thereof without the prior written consent of ASAP.

4. Protection and Security

User shall agree to use his/her best efforts and to take all reasonable steps to safeguard the Services to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. User acknowledges that the Services contain valuable confidential information and trade secrets of ASAP and that unauthorized use and/or copying will harm ASAP.

5. Intellectual Property

The Services and Web-site contain materials which are derived in whole or in part from materials supplied by other sources by agreement. User acknowledges that the Services and Web-site and materials are protected by copyrights, service marks, international treaties and/or other proprietary rights under the laws of the State of Illinois, other states in the United States, and other countries. User agrees to abide by all applicable copyright and other laws, as well as additional copyright notices or restrictions contained on the materials or in the Services.

6. No Guarantee

ASAP will use its best efforts to maintain the accuracy, quality, completeness and/or validity of Services it provides through the Web-site; however User recognizes that ASAP cannot guarantee a particular result or the outcome of any matter.

7. Limitation of Liability

In no event shall ASAP be liable for any special, indirect, incidental or consequential damages or outcome arising out of or connected with these Terms and Conditions or Services, regardless of whether a claim is based on contract, tort, strict liability or otherwise, nor shall User be entitled to damages exceeding the amount User has paid for the Services.

8. Indemnification

User agrees, to the extent permitted by applicable law, to indemnify and hold ASAP harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Services, by the violation of these Terms and Conditions by User, or the infringement by User of any copyrights, service marks or other proprietary rights of ASAP or any third party. ASAP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.

9. Amendments

ASAP reserves the right to modify these Terms and Conditions at any time. User agrees to review these Terms and Conditions when posted on the Web-site. Continued use of Services by User following amendment to the Terms and Conditions shall constitute acceptance of such amendments by User.

10. Termination

These Terms and Conditions remain effective until the Services are terminated by ASAP or by User. User may terminate Services by contacting ASAP. These Terms and Conditions shall terminate immediately without notice by ASAP, if in its sole discretion, ASAP decides to terminate them, in which case any fees paid by User in advance for any unused Services shall be refunded to User within a reasonable time after such termination. Upon termination of these Terms and Conditions, for any reason whatsoever, User shall destroy or remove from computers, networks, and storage media all copies of materials provided or made available to User by ASAP.

11. Governing Law

These Terms and Conditions shall be construed and enforced in accordance with the laws of the State of Illinois as applied to contracts entered into in Illinois by residents in Illinois and to be performed entirely within Illinois.

12. Severability

If any term of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then these Terms and Conditions, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

13. Acknowledgments

If someone other than User is paying for the Services, User agrees to print this document and provide it to the person paying. When User uses the Services, whether or not payment has been made, User agrees that he/she has read these Terms and Conditions, understood them, and agrees to be bound by them.


 

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