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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, Cancellation, and Pausing of Service

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.

If Customer has enrolled in our services and not yet had a meeting with counselors, InGenius Prep abides by the following policy:

- If Customer requests a refund within one month of enrolling, Customer will receive a full refund minus InGenius’ Cancellation Fee, typically 20% of the original service payment.

- If Customer asks for a refund one month or more after enrolling, Customer is eligible for a refund of up to 60% of the original service payment amount.

If Customer has enrolled in our services and begun work with counselors, InGenius Prep abides by the following policy:

- A fee that reflects the amount of work completed by InGenius Prep for Customer and a cancellation fee of 20% of the total package price? will be deducted against the total payment. The remainder will be Customer’s eligible refund amount.

Pausing of Service

Graduate Customers may elect to pause their service and resume at a later date if they hope to apply in a subsequent application cycle. If Customer elects to pause service, counseling work will resume the following year at the same point of progress at which Customer paused. InGenius will not repeat or re-work materials completed in the original application cycle. In the event of such service pausing, InGenius acts in accordance of the following policy:

If Customer is a law school or business school applicant, InGenius Prep abides by the following policy:

- If Customer pauses service before July 1 of their application cycle, Customer will incur a $250 pausing fee.

- If Customer pauses service between July 1 and January 1 of their application cycle, Customer will incur a $350 pausing fee.

- If Customer enrolled in service after October 1 of their application cycle and decides to pause, Customer will incur a $450 pausing fee.

- Customer cannot pause service after January 1.

If Customer is a medical school applicant, InGenius Prep abides by the following policy:

- If Customer pauses service by May 1 of their application cycle, Customer will incur a $250 pausing fee.

- If Customer pauses service between May 1 and July 1 of their application cycle, Customer will incur a $350 pausing fee.

- Customer cannot pause service after July 1.

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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