Terms and Conditions

Effective: December 12, 2016

Tutoring Policies

For in-home tutoring, a parent or guardian must be home for the entirety of any sessions taking place in the home. Tutoring sessions may also be held in a public place such as a library.

Any student dissatisfied with the quality of instruction after the first session of any tutoring program, is entitled to a repeat of the first session with a new tutor at no extra charge, see guarantee.

Students are responsible for canceling scheduled tutoring sessions at least 24 hours in advance of the scheduled tutoring time. If a student does not cancel a scheduled session at least 24 hours in advance, he or she may forfeit that tutoring session at the discretion of their tutor and this may result in being charged in full for that session. Students are responsible for coordinating the schedule of all tutoring sessions with their tutor. There will be no refunds given on any unused tutoring sessions after a student has completed three or more session or after the 90 day guarantee has expired (see below). Tutoring sessions can be transferred or “gifted” to a sibling, friend, or any person of your choosing.

Cancellation Policy. The cancellation of any Five Points Learning tutoring or test prep program is subject to a 10% cancellation fee per student. Cancellation requests must be received 24 hours prior to the start of the first session. If materials have been shipped, a refund will be processed once Five Points Learning receives the complete set of unused materials to our home office. If materials are found to have been used, a refund will not be issued. If a refund is issued, refunds typically take 5-7 days to post. Refunds will not be issued once a test prep program begins. In the event of a scheduling conflict, any course enrollment can be moved to another location or rescheduled to a later session without penalty.

Late Registration/Missed Classes. There will be no prorating or refunds given due to late registration or missed classes. Each student is encouraged to make up any missed classes at another location or in a future course. Students may also purchase individual tutoring blocks to make up missed classes. Unused tutoring blocks will not be refunded, however they may be used for future tutoring sessions in any subject that can be reasonably staffed.

No performance warranty or guarantee. Five Points Learning is committed to offering the best in tutoring services and the methods we use have very strong track records. But not every student is able to respond. We do not warrant or guarantee that any student will achieve specific test scores or improve school performance by a specific margin. You understand and agree that we do not and cannot give any warranty or guarantee of academic or test score improvement.

Student Code of Conduct. All students are expected to abide by the following student conduct rules and other policies of Five Points Learning. As part of Five Points Learning’s commitment to our students’ success, we seek to provide an optimal learning environment and expect students to conduct themselves in a manner that is considerate of those around them. Those failing to meet student conduct standards may be subject to termination. Inappropriate center conduct includes but is not limited to: (1) disruptions to the learning environment (i.e. use of profanity, harassment, cell phone use in classrooms, etc.); (2) deliberate destructions, misuse, or theft of Five Points Learning property or the property of fellow classmates; (3) violence or threats of violence towards persons or property of students or Center staff; (4) improper use of email and Internet access at the Center; and (5) failure to comply with federal copyright and criminal laws forbidding the misappropriation, copying, or alteration of copyright-protected materials.

Excused Absences. If a student is ill and unable to attend a session or class, you may phone us at 1-800-651-9809 and leave a voice mail message prior to 9:00 a.m. on the session day or at least two hours prior to the start of the session if the session is scheduled before 12:00 p.m. and the session may be rescheduled depending on the availability of a make-up class or instructor. In addition to the voice mail, a doctor’s note verifying the student’s illness should be provided to the course instructor at the next session the student is able to attend. A doctor’s note will categorize the absence as an excused absence allowing for a future make-up class.

If a student is unable to attend a session or class for any reason, notice must be provided 24 hours prior to the start of the session or class in order for the session or class to be rescheduled or made up.

If an excused absence is requested after the 9:00 a.m. deadline for a student with an illness or within two hours of a scheduled session before 12:00 p.m. or within 24 hours for a student with a non-illness related absence, we reserve the right to charge a late notification fee of $40.

Unexcused Absences. If a student in a test prep course is absent from class and does not provide at least 24 hours of notice or leave a voice mail and bring in a doctor’s note in cases where the absence is due to illness, then the absence will be considered an unexcused absence, and a make-up class will not be available.

Tutoring students that are absent from sessions and that do not provide at least 24 hours of notice or leave a voice mail and provide a doctor’s note in cases where the absence is due to illness, will be charged for a full session.

General Policies

Guarantee. At Five Points Learning, we are committed to providing an outstanding service with a comprehensive satisfaction guarantee. Any unused tutoring hours you purchase are refundable up to 90 days from the date of purchase. If for any reason you are not completely thrilled with our service after the initial session, please call us and we will assign you a different tutor and not charge you for the second session. After the second session, if you aren’t completely satisfied, we will issue you a full refund.

Referral Program. Families that refer a friend will receive $25 in the form of an account credit or check mailed within 4-6 weeks for each friend that starts any tutoring program or test prep course. Friends will also receive a $25 promotion discount that must be immediately applied and cannot be combined with any other coupons or offers. The $25 promotion discount cannot be used on any previous purchases and must be used for the purchase of a full-price course or private tutoring package.

Disclaimer. We reserve the right to reschedule or cancel any course. Factors outside of Five Points Learning’s control may affect class schedules. In such events, we do our best to schedule a convenient make-up class; however, we cannot guarantee a make-up session will be scheduled or that the make-up will fit the schedule of every student. If a student misses an exam he or she is welcome to take it at home and mail in the answer sheets to Five Points Learning for immediate scoring. Exams should be placed in a manila envelope with the correct postage.

Non-Solicitation Agreement. By becoming a Five Points Learning customer, you agree that you will not solicit for employment, hire, or engage as an independent contractor, or permit any organization directly or indirectly controlled by you to solicit for employment, hire, or engage as an independent contractor, any person employed by Five Points Learning at any time during the term of Five Points Learning’s provision of services to you. Any additional services desired of a Five Points Learning employee may be requested through Five Points Learning at 1-800-651-9809.

Media. We reserve the right to collect, retain, and use written, auditory, photographic, videographic and other materials pertaining to student activities during any tutoring or test prep program at Five Points Learning, for noncommercial educational purposes in print and on the Internet consistent with the Five Points Learning philosophy, provided that Five Points Learning shall retain control of, and have complete responsibility for, any use thereof.

Indemnification/release. You agree to indemnify and hold harmless us and any and all tutors, employees or agents acting on our behalf from and against any claim, losses, damage or injury arising out of or in connection with performance of tutoring services provided under the terms of this Agreement.

Mandatory arbitration clause. We operate an informal procedure to handle complaints. It is a condition of this Agreement that any complaint you may have will be first dealt with through that procedure. If that procedure fails to resolve the complaint, except for claims for emergency injunctive or other equitable relief which may be brought in any court of competent jurisdiction, any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by binding arbitration.

Billing. All families and students must maintain a valid and current credit card on file in their accounts to pay for tuition fees and any other applicable fees. For new students and families, services for tutoring and test prep can not begin until all fees have been paid or an approved payment plan has been initiated by a Five Points Learning Director. Payment plan payments must be paid on scheduled due dates or, at our discretion, we may cancel service. There will be no refunds for payments already made on a payment plan. After one (1) month of service, a family or student will no longer be deemed to be "new". For current or existing students and families that are not "new", full tuition payments or payments on a payment plan must be paid on scheduled due dates listed on invoices. If a payment is not made by a scheduled due date due to an expired credit card or declined credit card or any other reason that would cause a payment to not be successfully processed, causing a student or family to have a balance on their account, thirty (30) days will be allowed for that student or family to pay their balance in full. No new services, sessions, or classes may be iniated or attended until the balance has been paid in full. If the balance has not been paid in full after thirty (30) days, the full balance of monies owed will be charged to the credit card on file in the student or families account. After all balances have been paid, at our discretion we may change the status of a student or family to "inactive". If a student or family is changed to a status of "inactive" due to non-payment, that student or family will no longer be eligible for services for a period of no less than one (1) year.

Governing law. All questions concerning the validity or enforcement of this Agreement shall be governed by the law of New York.

Trademarks

 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITYFIVE POINTS LEARNING, INC. MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE PERFORMANCE OR MERCHANTABILITY OF THE PRODUCTS OR SERVICES REFERRED TO ON THIS WEB SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, ARE HEREBY EXCLUDED.

IN NO EVENT SHALL FIVE POINTS LEARNING, INC. BE 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, INCIDENTAL, PUNITIVE, OR SIMILAR DAMAGES; OR FOR CLAIMS OF DAMAGES MADE BY ANY PARTY USING THE INFORMATION CONTAINED ON THIS WEB SITE FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION.

Privacy Policies

Five Points Learning takes your privacy seriously, and we take strong measures to protect it. We may occasionally use your contact information to notify you of special offers and promotions and we honor email unsubscribe requests. We don’t share the information you have given us without your permission to do so.

Five Points Learning does not release personal information to third parties; however, Five Points Learning may infrequently, if at all, contact you via mail on behalf of another company that we feel provides beneficial services in the areas of education and college preparation.

Information We Collect. We collect personally identifiable information from you when you purchase our products or services. Five Points Learning only requests information that we need in order for you to participate in the service (for example, your name and address) or pay for the service (credit card information).

We may track data on our customers in aggregate form. Such aggregated data does not uniquely identify you.

Schools. We work with schools and institutions to provide our tutoring and test preparation programs. Five Points Learning may share personally identifiable information that you provide to us through your participation in these school programs with your school, district and parents. In addition, your school may require us to share your information with others legally entitled to access your academic records, such as your state department of education.

To increase quality of instruction, Five Points Learning will share attendance records and practice test results with a student’s school counselor and/or the appropriate administration staff, who also have access to a student’s official test scores. Those with access to such records have agreed to maintain confidentiality. If statistics are released to non-authorized individuals, we will remove any identifying information.

Sharing of Information. The privacy of individual user data for school administrators, teachers, parents, and students is always respected and protected. We will never disclose, sell, or rent personal information that identifies any of our students without specific authorization to do so. Only the student, the teacher, the school administration, and the parent(s) have access to this information. Each school has agreed to maintain the confidentiality of this information. Five Points Learning retains the right to release aggregate performance information provided this information is not personally identifiable by district, school or individual students and teachers.

Marketing Lists. From time to time, we obtain lists of people who may be interested in our products and services from third-party marketing list suppliers. We use these lists to send direct marketing promotions by mail. We do our best to only obtain these lists from suppliers who have opt-in policies for third-party marketing, but we are not responsible for the conduct and policies of these suppliers. Please note that even if you are a customer of ours and have asked us not to use the information you provided to us to send promotional material, a third-party marketing list supplier could still provide us with your name and address, in which case you will receive the promotional material sent by us to others on the supplier’s list.

Changes in Our Policy. We reserve the right to change or remove this Privacy Policy at our discretion. We will post any new policy here: http://www.fivepointslearning.com/terms-and-conditions and we encourage you to visit this area frequently to stay informed.

Disclaimer. Though we make every effort to preserve it, we cannot guarantee your privacy. Further, we may need to disclose personal information when required by law where we have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process served on us or a law enforcement request.

Contact Us
Five Points Learning
641 President Street
Suite 209
Brooklyn, NY 11215
info@fivepointslearning.com