TERMS OF USE

This Is a Contract

Tomorrow's Genius, (collectively, "we," "us" or "Tomorrow's Genius") provides you access to our online Services, including but not limited to the Tomorrow's Genius and Darwin Prep websites, (each individually a "Website," and collectively "Websites") Tomorrow's Genius online instruction service and Darwin Prep exam preparation service (each individually a "Service," and collectively "Services"), and to the information, services and other materials available on and through our Services, subject to the terms and conditions described in this document (these "Terms of Use") and any other guidelines, rules or licenses posted in connection with our Services.

By registering for, accessing, browsing, or using our Websites or Services, you acknowledge that you have read, understood, and agree to the following terms and conditions, including the Tomorrow's Genius Privacy Policy and any additional guidelines (as defined below) (collectively, the “terms”), whether you are:

  1. a "Visitor," meaning you simply browse our Websites, including, without limitation, through a mobile or other wireless device, or otherwise use our Websites without being registered, or
  2. a "Member," meaning that you have registered with Tomorrow's Genius or any of our Services for a User ID and User Password (defined below), have enrolled in and paid for access to services, content, and/or courses provided by Tomorrow's Genius or any of our Services.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF SUCH CHILD’S USE OF OUR SERVICES.

You are authorized to use our Websites and Services only if you agree to abide by all applicable laws, rules and regulations and the terms of these Terms of Use.

If you do not agree to these terms, do not use our Websites or Services.

Our Terms of Use were last updated on May 28, 2015.

We reserve the right to change or modify these Terms of Use at our sole discretion at any time. Any change or modification to these Terms of Use will be effective immediately upon posting by us on a Service Website. We will take reasonable steps to notify you of any changes or modifications to these Terms of Use, but you are responsible for periodically reviewing the most up to date version of these Terms of Use.

Your continued use of our Services constitutes acceptance of any changes or modification made by us to these Terms of Use.

Supplemental terms and conditions may apply to some of our Services. Supplemental terms and conditions will be disclosed to you in connection with such Service. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.

User Accounts

Eligibility

OUR SERVICES ARE NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED BY US OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN.

By clicking the “I Agree” button or by otherwise using or registering an account for any of our Services, you represent
(a) that you have not been previously suspended or removed by us;
(b) that you are either (i) at least 13 years of age or (ii) Your parent and/or guardian has consented to your use of our Services (see our Privacy Policy for what constitutes parental consent); and (c) that your registration and your use of our Services are in compliance with any and all applicable laws and regulations.

Account Registration

While any Visitor can view our Websites, in order to use our Services, you may be required to select a login identification ("User ID") and a user password ("User Password"). You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password.

You agree that the information you provide to Tomorrow's Genius or any of our Services, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.

In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of our Websites and your enrollment in our Services.

Account Security

If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your User ID or User Password), then you agree to immediately notify Tomorrow's Genius at [email protected]. You may be liable for the losses incurred by Tomorrow's Genius or others due to any unauthorized use of your User Account.

Privacy

In addition to the registration process, as part of your use of our Websites or participation in our Services, we may obtain certain information about you and your performance in our Services. Some of this information may be personally identifiable information. We may use, maintain, and store this information to provide certain services to you now and in the future and may share such information with third parties in conjunction with such services. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores/performance evaluations in our classes.

Our Privacy Policy further explains how we treat information collected and received from you when you use our Services. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read our Privacy Policy carefully for disclosures relating to the collection, use, and disclosure of your personal information.

Scheduling and Cancellation Policies

Our Websites are available to any Visitor. However, access to our Services is restricted to Members who have a registered User Account. By registering as a Member, you agree that:

  • Where membership registration involves committing to an agreed upon schedule of sessions, you will commit to the scheduled days and times, as agreed upon during the membership registration via direct or email-reply, no later than two full business days in advance of the first session.
  • Scheduled sessions may be cancelled up to 48 hours prior to session start time at no charge. Any sessions cancelled between 24-48 hours prior to session will be billed at 50% of the cost. Any missed sessions or sessions cancelled less than 24 hours prior to session start time will be billed at full price.
  • Members are responsible for notifying Tomorrow’s Genius about school holidays, term breaks or personal vacations that will result in a cancelled session in accordance with this cancellation policy.

Payment Terms

To purchase any of our Services, you must have Internet access and a current valid accepted payment method as indicated during membership registration. You agree to Tomorrow's Genius, or our third-party payment provider, storing your payment information. You also agree to pay the applicable fees for the Services you purchase through our Websites as they become due, whether on a one-time or subscription basis.

As a Member, you will receive an invoice of services each month for the previous month, via email. Payment is due upon receipt of invoice.

You may terminate your membership at any time by contacting us at [email protected].

Intellectual Property Rights

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of our Services, use of our Services, or access to our Services.

All content or other material available on our Websites or through our Services, including but not limited to online lectures, courses, lessons, quizzes, presentation materials, homework assignments, worksheets, images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips (collectively, the "Content"), are the property of Tomorrow's Genius and/or its Services, affiliates or licensors and are protected by copyright and/or other proprietary intellectual property rights under United States and foreign law.

Tomorrow's Genius and/or Darwin Prep logos, trademarks and service marks which may appear on our Websites or be used in our Services and Service Content ("Marks"), are the property of Tomorrow's Genius and are protected under United States and foreign laws. All other trademarks, service marks and logos used by our Services, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of our Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Tomorrow's Genius.

No Resale of Services

You may not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner our Websites, Services, or Content.

Services Availability

You acknowledge and agree that Tomorrow's Genius may modify or discontinue all services related to its Websites or Services at its sole discretion.

Termination of Account

You acknowledge and agree that Tomorrow's Genius, at its sole discretion, may limit, suspend, or terminate your use of any or all our Services for any reason or no reason. You agree that any deactivation or termination of your access to our Services may be effected without prior notice to you and that Tomorrow's Genius shall not be liable to you nor any third party for any termination of your account. You also acknowledge that Tomorrow's Genius may retain and store your information on Tomorrow's Genius's systems, notwithstanding any termination of your account.

Links to Third-Party Sites

Our Websites may include links or references to other websites or services ("Third-Party Sites") solely as a convenience to you. Tomorrow's Genius does not endorse any such ThirdParty Sites or the information, materials, products, or services contained on or accessible through Third-Party Sites. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites is solely at your own risk.

Transfer of Rights

Tomorrow's Genius may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Tomorrow's Genius.

General Disclaimer and Limitation of Liability

We make no representation that our Websites or Services, individually or collectively, are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access our Websites and Services, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if and to the extent such laws and restrictions are applicable.

Tomorrow's Genius does not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of our Websites or any of our Services. We are not liable for any errors, omissions, or inaccurate content on our Websites or Services.

OUR WEBSITES, SERVICES AND CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE WEBSITES, SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITES AT YOUR OWN RISK. TOMORROW'S GENIUS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITES, USE OF OUR SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITES. TOMORROW'S GENIUS MAKES NO WARRANTY THAT OUR WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL TOMORROW'S GENIUS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITES OR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES OR SERVICES, OR FOR ANY INFORMATION, CONTENT OR SERVICES OBTAINED THROUGH THE WEBSITES OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TOMORROW'S GENIUS BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY MEMBER OR OTHER PERSON ON OR THROUGH THE WEBSITES OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). IN NO EVENT SHALL TOMORROW'S GENIUS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SERVICES.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. Any dispute arising out of or relating to these Terms of Use or your access or use of our Services will be subject to the exclusive jurisdiction of the courts located within the State of New York, and you hereby submit to the personal jurisdiction of such courts.

If any provision in these Terms of Use is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of these Terms of Use shall remain in full force and effect.

Miscellaneous

These Terms of Use constitute the entire agreement between you and Tomorrow's Genius relating to the matters set forth herein, and shall not be modified except in writing, as posted on our Websites or through a specific writing between you and Tomorrow's Genius.

Any notice which may be required to be given to us under these Terms of Use may be sent to us by writing or emailing to the following addresses:

Tomorrow's Genius

1407 Broadway, Suite 1220
New York, NY 10018

[email protected]

The section titles herein are displayed for convenience only and have no legal effect.