The LSAT Nerds Terms of Service and Privacy Policy
Terms of Service
1. Terms
By accessing the website at http://www.thelsatnerds.com you are agreeing to be bound by these terms of service and all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on The LSAT Nerds’ website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on The LSAT Nerds’ website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Ascend Tutoring at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Use of Site
Ascend Tutoring, through the LSAT Nerds, provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site (the “Materials”). Ascend Tutoring provides various videos in courses offered through this site (the “Videos”). Ascend Tutoring authorizes each User to view and download one copy of the Materials. Ascend Tutoring authorizes each User to view the Video only, without downloading. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and Users retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Ascend Tutoring may provide Users with access to Materials for limited period after initial registration. Any breach of these Terms of Service automatically terminates your authorized use of the Site.
Ascend Tutoring provides information and guidance about law school admissions in its Materials. Ascend Tutoring does not make any warranty of any kind (expressed or implied) as to the results that may be obtained from use of its Materials. In particular, Ascend Tutoring does not guarantee that the Materials will improve your chances of admission to law school, or that you will be admitted to any law school. Ascend Tutoring is not responsible for any loss, injury, claim, liability, or damage (including rejection from any law school) related to your use of the Materials, whether it be from errors, omissions, advice, or any other cause whatsoever. Your use of the Materials is at your own risk.
4. Disclaimer
The materials on The LSAT Nerds' website are provided on an 'as is' basis. Ascend Tutoring makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Ascend Tutoring does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
5. Limitations
In no event shall Ascend Tutoring or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on The LSAT Nerds' website, even if Ascend Tutoring or a LSAT Nerds authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Accuracy of Materials
The materials appearing on The LSAT Nerds' website could include technical, typographical, or photographic errors. Ascend Tutoring does not warrant that any of the materials on its website are accurate, complete or current. Ascend Tutoring may make changes to the materials contained on its website at any time without notice. However, Ascend Tutoring does not make any commitment to update the materials.
7. Warranties and Liability Limitations
Ascend Tutoring makes no warranties or representations as to the performance or merchant ability of the products or services referred to on this web site. Ascend Tutoring is not liable for any damage to hardware or software by anyone accessing this web site, or for loss of business or profits, or for any consequential damages made by any party using the information on this web site for any cause whatsoever, regardless of the form of action.
8. Third Party Web Site Links
Ascend Tutoring provides links to third party web sites for use by interested parties. Ascend Tutoring is in no way affiliated with these third parties and makes no representations regarding these sites or use of products or services from these sites. We do not endorse any product or service or its appropriateness. We have not confirmed the accuracy or reliability of any of the information contained on any third party's site.
Ascend Tutoring has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Ascend Tutoring of the site. Use of any such linked website is at the user's own risk.
Ascend Tutoring makes no warranties or representations regarding the information provided by third parties or to the performance or the merchant ability of the products or services referred to on third party sites. We do not make any representations or warranties as to the privacy or security of any information, including credit card information, you may be requested to give to a third party.
9. Modifications
Ascend Tutoring may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
10. User Warranty
As a User you warrant that you are not an agent or employee of any other test preparation company. You agree that you are using the Site and Materials solely for the purpose of increasing your LSAT score, law school admissions, law school grades, or MBE score. You also warrant that you are not a resident or citizen of the European Union.
11. Revision of Terms of Service
Ascend Tutoring may at any time revise these Terms of Service by updating this posting. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Service to which you are bound.
12. Copyright Notification
All materials, names, and terms on the Site are the property of Ascend Tutoring except where otherwise noted. Nothing on this website should be construed as granting, by implication, or otherwise, any license or right to use any of these materials, names, terms, and trademarks displayed on this website, without the written permission of Ascend SLAT. None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Ascend Tutoring. Any unauthorized use of any material contained on this website may violate copyright laws, the laws of privacy and publicity, and communications regulations and statutes. Ascend Tutoring enforces its intellectual property rights to the fullest extent of the law.
13. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of your current residence, and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
14. Cancellation Policy
Ascend Tutoring has a firm 24-hour cancellation policy. Students are free to cancel or reschedule their session up to 24-hours before the starting time of their tutoring or admissions advising session completely free of charge. If a cancellation or rescheduling is made or requested less than 24 hours before the starting time of a tutoring or advising session, Ascend Tutoring reserves the right to charge the student 50% of the fee for the session.
15. Packages
When a package of multiple sessions is purchased, the purchaser agrees that it is their sole responsibility to schedule and fulfill the amount of sessions purchased. If the purchaser fails to redeem each session purchased, no refund will be issued.
Privacy Policy
INFORMATION WE COLLECT: We collect information that you voluntarily provide to us, including personally identifying information such as your name, postal address, e-mail address, SMS or text message address, phone number, educational background, and credit card information (“Personal Data”). We collect Personal Data from you in various ways, including when you visit the Site, create an account with us, purchase, enroll in and use our Programs, use our Apps, answer surveys, participate in our social media communities, such as on Facebook, and when you send us feedback.
When you log-on to our websites or to our App(s), we automatically receive information from your device, including your IP address and location. We and our service providers may use “cookies” to keep, and sometimes track, information about you, and to create a personalized web experience. Cookies are small data files that are stored on your device’s web browser. Cookies track where you travel on our Site and what you look at and purchase. You agree to the use of cookies in this way. Most web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. We and our service providers may also use so-called “pixel tags”, “web beacons”, “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some Site pages and HTML-formatted email messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors’ hard drives. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services, and to target our promotional or advertising campaigns and determine their effectiveness.
If your parent, school, employer or other third party purchases Programs on your behalf, such third parties may provide us with personal data about you. We may also collect Personal Data about you from our business partners and other Ascend Tutoring affiliates, subsidiaries and parent companies, including AscendLSAT, The LSAT Nerd, The LSAT Nerds, The GMAT Nerds, and others.
USE OF YOUR PERSONAL DATA
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
We may use your Personal Data in the following ways:
For the purpose you provided personal data, for example to enroll you in one of our Programs or respond to a specific inquiry;
To customize and personalize your learning experience to you;
To administer, support, improve and develop our business;
To send you information about Ascend Tutoring products or services;
To send you information about select third party’s products or services that may be of interest to you;
To allow you access to the Site to post your content or communicate with others; and
And as otherwise described to you at the point of collection.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We will only retain personal information for as long as necessary for the fulfilment of those purposes.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Ascend Tutoring may change this privacy policy from time to time at Ascend Tutoring's sole discretion.
COLLECTION AND USE OF DATA PROCURED THROUGH LSAC
Ascend Tutoring is a licensed partner of the Law School Admissions Counsel (“LSAC”), and through this partnership we are able to access data regarding students’ work completed through the LSAC Prep Plus Program. This information is used to allow us to better tailor our tutoring to our students’ specific needs. By accessing this website, you consent to Ascend Tutoring obtaining any and all information available to it from LSAC, and using this information for any purpose not prohibited by law. If you wish to opt-out of this data collection, please contact [josh@thelsatnerds.com].
MOBILE DEVICES, PHONE CALLS & SMS: If you provide Ascend Tutoring with a telephone number, such as when you purchase, enroll in or use a Ascend Tutoring Program, you agree that Ascend Tutoring may contact you by telephone and/or text message utilizing automated technology at such telephone number(s). You understand that this consent is not required to purchase goods or services from Ascend Tutoring.
DISCLOSURE OF YOUR PERSONAL DATA: We do not share your Personal Data with third parties for their marketing purposes, though we may share your Personal Data with other Ascend Tutoring Companies. We may disclose your Personal Data in response to legal process, to protect our rights, as otherwise required by law, or for the prevention or detection of a crime. We may share your Personal Data with trusted third parties who are delivering services to Ascend Tutoring, including those who help deliver our Programs, help us process transactions, such as charging your credit card when you make purchases, and otherwise help us operate our business. These third parties are not authorized by us to use your Personal Data except in connection with providing services to us. Ascend Tutoring may disclose anonymous data with third parties. We may also share your information with third parties that you have specifically designated as authorized to receive information from us.
If payment for your Program was made by a third party or if you are a student or prospective student of an institution that contracted with Ascend Tutoring to provide you with the Program, that third party or institution may request access to your data. For example, if Ascend Tutoring provides you access to a Program in your capacity as a student of a school that has contracted with Ascend Tutoring, then Ascend Tutoring may share your personal data with your school, even if you paid for the Program in whole or in part yourself.
If we sell our company or part of it, or our business enters into a joint venture with another business entity, we may disclose your Personal Data to our new business partners or owners who may then provide you with information about their products and services.
TRANSFER OF DATA OUTSIDE OF YOUR HOME COUNTRY: Your Personal Data will be held in the United States. Your Personal Data may also be stored, processed and accessed in other countries where Ascend Tutoring has facilities or where you are located. You consent to the transfer of your Personal Data outside your country, including to the United States.
SECURITY & INFORMATION RETENTION: We employ security measures to protect your information both online and offline from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage. The Personal Data we obtain from students allows Ascend Tutoring to deliver smarter, more efficient and more effective instruction.
CHANGES TO THIS PRIVACY POLICY: We will update this Privacy Policy from time to time. When we post changes to this Privacy Policy, we will revise the “Effective Date” at the bottom of this Privacy Policy. We recommend that you check our Site(s) from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.
CONTACT: All comments, queries and requests relating to this Privacy Policy are welcomed and should be addressed as follows:
Ascend Tutoring, LLC
c/o Josh Garfinkel
415 W. Howard Street
Evanston, Illinois 60202