Terms of Service

Company Information

1. Definitions

• "Client" means the person purchasing tutoring or consulting services (often a parent/guardian).
• "Student" means the individual receiving tutoring or educational services.
• "User" means anyone who visits our website or uses our Services, including Clients and Students.
• "Content" means text, images, materials, lesson plans, worksheets, videos, recordings, and other materials provided by Clear Prep or posted/uploaded by Users.
• "Session" means a tutoring session, consultation, or meeting scheduled with Clear Prep.
• "Subscription/Package" means a multi-session or recurring plan, if offered.

2. Scope of Services

Clear Prep provides tutoring, academic coaching, test preparation, consultation, and related educational support services. Services may be delivered:

• In-person (where available),
• Online (video conferencing), and/or
• Via phone, email, or messaging.

No guarantee. Educational outcomes depend on many factors outside our control. We do not guarantee grades, scores, admissions, scholarships, or any specific results.

3. Eligibility and Account Responsibility

3.1 Age Requirements

Our Services are intended for parents/guardians, adult learners, and Students with parent/guardian involvement when required.

If a Student is under 18, a parent or legal guardian must agree to these Terms and is responsible for:

• Payment,
• Compliance with these Terms, and
• The Student's conduct and participation.

3.2 Accurate Information

You agree to provide accurate, current information (e.g., name, email, phone, Student details). You are responsible for maintaining the confidentiality of any login credentials if accounts are used.

4. Scheduling, Rescheduling, and Attendance

4.1 Scheduling

Sessions are scheduled through our website, by phone, or through other scheduling tools. Times are not guaranteed until confirmed by Clear Prep.

4.2 Rescheduling and Cancellations

Unless otherwise stated in writing for a specific program or package:

• Cancellations/reschedules must be made at least 24 hours before the scheduled Session start time to avoid charges.
• Late cancellations, missed Sessions ("no-shows"), or arriving materially late may be charged as a completed Session.
• If Clear Prep must cancel, we will reschedule or credit the Session.

4.3 Student Preparedness

For effective tutoring, Students should arrive prepared (materials, assignments, login access, functioning technology for online Sessions).

5. Fees, Payments, Packages, and Refunds

5.1 Fees

Fees are disclosed at purchase, booking, or in your service agreement/invoice. You agree to pay all charges associated with your use of Services.

5.2 Payment Processing

Payments may be processed by third-party payment processors. Your payment is subject to the processor's terms and privacy practices.

5.3 Packages and Expiration

If you purchase a package of Sessions:

• Sessions may expire if not used within [insert timeframe, e.g., 6 or 12 months], unless otherwise specified.
• Packages are non-transferable unless we approve in writing.

5.4 Refunds

Unless required by law or stated otherwise in writing:

• All sales are final, and refunds are not guaranteed.
• We may, in our discretion, issue credits or partial refunds in exceptional circumstances.

5.5 Promotions

Discounts and promotions may be time-limited and subject to additional terms.

6. Communications, Email, and SMS/Text Messaging

6.1 Consent to Contact

By providing your contact information, you consent to receive communications from Clear Prep, including:

• Service-related messages (scheduling, reminders, updates), and
• Marketing messages (campaigns, promotions), where permitted by law.

6.2 SMS/Text Terms

If you provide a mobile number, you consent to receive text messages from Clear Prep.

• Message frequency may vary.
• Message & data rates may apply.
• Reply STOP to opt out of SMS at any time.
• Reply HELP for help or contact us at info@clearprep.net or (201) 589-0634.

Opting out of marketing texts may not stop service-related texts that are necessary to deliver Services (unless you also request we stop all texts; doing so may affect our ability to provide reminders and updates).

We do not share your mobile number with third parties for their own marketing purposes.

6.3 Email Marketing

You may unsubscribe from marketing emails using the unsubscribe link in the email or by contacting us.

7. Acceptable Use and Conduct

You agree not to:

• Use the Services for unlawful purposes, harassment, or discrimination
• Disrupt, damage, or interfere with our systems, website, or Sessions
• Attempt unauthorized access to accounts or systems
• Upload viruses or malicious code
• Infringe intellectual property rights
• Record Sessions without consent (see Section 10)

We may suspend or terminate access for violations.

8. Intellectual Property

8.1 Our Materials

All Clear Prep materials, curriculum, methods, website content, branding, and resources are owned by Clear Prep or licensed to us and are protected by intellectual property laws.

You receive a limited, non-exclusive, non-transferable license to use provided materials for personal, non-commercial educational use only.

You may not:

• Reproduce, distribute, sell, or publicly display our materials,
• Share materials outside your household/student context, or
• Use our materials to create competing products/services.

8.2 User Submissions

If you send us content (e.g., assignments, essays, documents), you grant Clear Prep a limited license to use it solely to provide Services, improve instruction, and maintain records.

You represent you have rights to share any content you submit.

9. Academic Integrity

Clear Prep supports learning and skill development. You agree not to request or use our Services to engage in academic dishonesty, including but not limited to:

• Cheating on exams/quizzes,
• Submitting work as your own that was completed by others,
• Violating school/testing policies.

We may refuse service if we believe a request violates academic integrity standards.

10. Recording and Session Technology

10.1 Recording

Sessions may be conducted via third-party video platforms. Recording rules:

• We will not record Sessions without notice and consent where required by law.
• You may not record Sessions without our prior written consent and the tutor's consent.

10.2 Technology Requirements

Online Services require adequate internet and compatible devices. We are not responsible for disruptions caused by your technology or connectivity.

11. Privacy and Data Protection

Your use of Services is also governed by our Privacy Policy, which explains how we collect and use personal information. The Privacy Policy is incorporated into these Terms by reference.

12. GDPR (EEA/UK/Switzerland) Terms

If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, the following applies:

12.1 Roles

Clear Prep generally acts as a Data Controller for information collected via our website, forms, scheduling, and marketing.

In limited cases (e.g., where a school contracts with us and determines purposes), we may act as a Data Processor.

12.2 Legal Bases

We process personal data under one or more legal bases, including:

• Consent (e.g., marketing communications),
• Contract (providing tutoring services),
• Legitimate interests (e.g., improving services, business operations),
• Legal obligations.

12.3 International Transfers

If personal data is transferred outside your country, we use appropriate safeguards where required (such as contractual protections).

12.4 Your GDPR Rights

You may have rights to access, correct, delete, restrict processing, object, data portability, and withdraw consent, including:

• Right to Access: You may request a copy of the personal data we hold about you at any time by emailing info@clearprep.net with the subject line "My data - action requested". We will respond within 30 days.
• Right to Erasure: You may request the deletion of your personal data by emailing info@clearprep.net with the subject line "My data - action requested". We will respond within 30 days. Note that certain data may be retained where required by law or for legitimate business purposes.

To exercise any other data rights, contact us at info@clearprep.net.

13. California Privacy Notice (CCPA/CPRA)

If you are a California resident, you may have rights regarding personal information under the California Consumer Privacy Act as amended by the CPRA, including:

• The right to know/access categories and specific pieces of personal information collected,
• The right to delete (subject to exceptions),
• The right to correct inaccurate personal information,
• The right to opt out of "sale" or "sharing" of personal information (as defined by law),
• The right to non-discrimination for exercising privacy rights.

Clear Prep does not sell personal information. If we engage in activities that could be considered "sharing" for cross-context behavioral advertising, we will provide appropriate choices as required.

Requests can be submitted to info@clearprep.net.

(Details and definitions are further described in our Privacy Policy.)

14. Third-Party Services and Links

Our Services may use or link to third-party tools (payment processors, scheduling systems, analytics, video conferencing). We are not responsible for third-party services, and your use of them may be governed by their own terms and policies.

15. Disclaimers

15.1 Educational Disclaimer

Services are provided for educational support. We do not provide legal, medical, mental health, or other professional services.

15.2 "As Is"

To the maximum extent permitted by law, the website and Services are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

16. Limitation of Liability

To the maximum extent permitted by law:

• Clear Prep will not be liable for indirect, incidental, consequential, special, or punitive damages.
• Clear Prep's total liability for any claim related to the Services will not exceed the amount you paid to Clear Prep in the three (3) months prior to the event giving rise to the claim (or $100, whichever is greater), unless a different limit is required by law.

Some jurisdictions do not allow certain limitations; in that case, limitations apply to the fullest extent allowed.

17. Indemnification

You agree to indemnify and hold harmless Clear Prep and its owners, employees, contractors, and tutors from claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of Services,
• Your breach of these Terms,
• Your violation of any law or third-party rights.

18. Termination

We may suspend or terminate your access to Services at any time if:

• You violate these Terms,
• You fail to pay fees when due,
• Your conduct is disruptive, abusive, or unsafe,
• We reasonably believe termination is necessary to protect Clear Prep, our tutors, or other clients.

Termination does not eliminate your responsibility to pay outstanding balances.

19. Dispute Resolution, Arbitration, and Class Action Waiver

Important: The following section is commonly used in the U.S., but it may not be appropriate for every business or jurisdiction (and may be limited for certain consumers/locations).

19.1 Informal Resolution

Before filing a claim, you agree to contact us at info@clearprep.net and attempt to resolve the dispute informally for at least 30 days.

19.2 Binding Arbitration

Except where prohibited by law, disputes arising out of or relating to these Terms or Services will be resolved by binding arbitration on an individual basis, not in court.

19.3 Class Action Waiver

You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any purported class action.

19.4 Exceptions

Either party may bring a claim in small claims court (if eligible) or seek injunctive relief for misuse of intellectual property or unauthorized access.

20. Governing Law and Venue

These Terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles.

If arbitration does not apply, you agree that disputes will be brought in state or federal courts located in New Jersey, and you consent to personal jurisdiction there.

21. Changes to Terms

We may update these Terms from time to time. We will post the updated version on our website and update the "Last Updated" date. Your continued use of the Services after changes means you accept the updated Terms.

22. Miscellaneous

• Severability: If any provision is found unenforceable, the remainder remains in effect.
• Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement regarding website use and general Services, unless you have a separate signed service agreement.
• No Waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign your rights without our consent; we may assign ours in connection with a merger, acquisition, or asset sale.

23. Data Breach Notification

23.1 What Constitutes a Data Breach

A data breach is any unauthorized access to, disclosure of, alteration of, or destruction of personal information held by Clear Prep Learning, whether accidental or unlawful.

23.2 Our Response Process

In the event of a confirmed or suspected data breach, Clear Prep will:

• Contain and investigate: Immediately take steps to contain the breach and assess its scope, nature, and impact.
• Assess the risk: Determine whether the breach is likely to result in a risk to individuals' rights and freedoms.
• Notify regulators (where required): If required by applicable law (e.g., GDPR requires notification within 72 hours of becoming aware), we will notify the relevant supervisory authority without undue delay.
• Notify affected individuals: If the breach is likely to result in a high risk to individuals' rights and freedoms, we will notify affected individuals as soon as reasonably practicable, describing the nature of the breach, likely consequences, and measures taken or proposed.
• Document the breach: Maintain a record of the breach, its effects, and remedial action taken, regardless of whether notification is required.
• Remediate: Implement technical and organizational measures to prevent a recurrence.

23.3 Notification Timelines

23.4 How We Will Notify You

If you are affected by a breach, we will notify you using one or more of the following methods:

• Email to the address on file,
• Prominent notice on our website, or
• Written notice by mail, where required by law.

The notification will include, to the extent known: a description of what happened, the types of information involved, steps we are taking, and what you can do to protect yourself.

23.5 Reporting a Suspected Breach

If you believe your personal information has been compromised or that you have discovered a security vulnerability in our systems, please contact us immediately at info@clearprep.net with the subject line "Security Issue". We take all reports seriously and will investigate promptly.

24. Contact

Questions about these Terms? Contact: