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TERMS OF USE

INTRODUCTION.

  • Welcome to the website of the Well-Trained Mind Academy, which we’ll call “the WTMA Site.”  The WTMA Site is operated by Well-Trained Mind Academy Inc. (“WTMA” or “we“) as a portal where you can register your child for the online courses that we offer (“Courses”). We are assuming that the person reading these Terms of Use (“you”) is a parent. These are the Terms of Use for the WTMA Site.
  • Please bear with us while we go through this. Sometimes we’ll say something more than once, in a couple of different ways. Please bear with that, too.

BASIC CONDITIONS. These Terms of Use constitute a legally binding agreement between you and WTMA. These Terms of Use will remain in full force and effect as long as you use the WTMA Site and/or as long as your child is taking Courses or is registered to take Courses.

INTELLECTUAL PROPERTY. WTMA owns all rights in the WTMA Site, including all trademark rights in the Well-Trained Mind Academy name and logo, and all copyrights and other rights in the content that appears on the WTMA Site (“WTMA Content”), as well as the contents of the books and other Courses offered for sale on the WTMA Site.

REGISTRATION FOR COURSES

  • You can register your child for a Course during General Registration.
  • Read all Course descriptions and prerequisites carefully, so you can determine which Course best fits your child. If you choose a Course that isn’t right for your child, and you and your child don’t realize that until the Course is well under way, you will not be able to get a full refund. (See Payment, Withdrawals and Refunds below.)

WAITING LISTS AND ADDITION OF NEW SECTIONS

  • Sections of Courses will be filled on a first-come, first-served basis. Once a section is full, students who want to sign up for that section will be placed onto a waiting list. If a seat opens up, you will be notified by email to register your child for the Course. You will not be charged until registration is complete.
  • We will monitor courses during the General Registration period and add new sections to existing Courses as waiting lists expand.

TRANSFERS

  • We will consider transfer requests on a case-by-case basis. You can email us to request a transfer.

FEES

  • In addition to the Course Fees, we charge an annual registration fee (a “Registration Fee”) for each student.
  • The Registration Fee is non-refundable, even if the student later withdraws from all the Courses for which he or she registered.

PAYMENT

  • All payments must be made by credit card.
  • You can pay for any Course in a lump sum or on a payment plan.

WITHDRAWALS AND REFUNDS

  • The Registration Fee is non-refundable, no matter at what point in the semester you withdraw your child.
  • Tuition Paid Upfront:
    • We will refund the entire tuition paid for a course if you withdraw your student before
      • September 30th (fall and full-year courses).
      • February 15th (spring courses and full-year transfers only).
      • June 30th (summer courses only).
    • No refund will be given if you withdraw your student from a course on or after
      • October 1st (fall and full-year courses).
      • February 16th (spring courses and full-year transfers only).
      • July 1st (summer courses only).

    Payment Plan Refunds:

    • We will cancel and refund all payments made if you withdraw your student before
      • September 30th (fall and full-year courses).
      • February 15th (spring courses and full-year transfers only).
      • June 30th (summer courses only).
    • We will continue to charge, and you agree that we may charge, your credit card until 100% of the tuition has been paid if you withdraw your student on or after
      • October 1st (fall and full-year courses).
      • February 16th (spring courses and full-year transfers only).
      • July 1st (summer courses only).

CANCELLATION OF COURSES

  • We reserve the right to cancel any Course for which not enough students register.
  • If a Course for which your child was registered is canceled, we will notify you in writing and within 60 (sixty) days, we will send a check for the full Course Fee to you at the address you provided when you registered.

BUYING TEXTBOOKS

  • Syllabi are posted under each Course description.
  • Do not assume that a Course will use the same textbooks that it used last year.  Wait for the current year’s assignments before buying. We are not responsible if you buy textbooks that the instructor isn’t going to use, even if you can’t return them.

ACCESS TO COURSES

  • We cannot guarantee that your child will be able to access his or her Course(s) and participate in real time unless:
    • Your child has a headset/mic combo. The headset is required to prevent feedback and echoes during audio transmission.
    • You have a DSL or cable Internet connection. Use of a satellite connection may cause delays in video and audio transmission.
    • Your computer’s operating system is at least Windows or Mac OS.
    • You use Internet Explorer®, Safari®, Chrome® (stable channel), or Firefox® (final release channel).
    • You have the latest version of Java®.
    • Your computer has at least 1 GHz Intel processor (Core 2 Duo recommended) with 1GB memory.

ATTENDANCE

  • A small number of excused absences will be allowed in each Course. Students with excused absences will be able to watch recorded versions of the sessions that they missed.

STUDENT I.D.’S

  • Each student will be assigned a student i.d. (a “Student I.D”) that he or she will use to log on to Courses. During classes, if your child posts written comments, the only identification that the instructor and the other students will see is your child’s Student I.D.
  • Any student may choose to disclose his or her real name and other personally identifying information during classes. But see “Interaction and Disputes between Students; Release” below.

INTERACTION AND DISPUTES BETWEEN STUDENTS; RELEASE

  • Your child and you may not (a) harass, abuse, stalk, or otherwise harm another student or a teacher,(b) contact, advertise to, solicit, or sell to any other student or a teacher, or (c) use the WTMA Site for any other purpose other than to participate in Courses and work on collaborative assignments. If it comes to our attention that you have or your child has violated these conditions, then, in addition to any other action that we may be legally entitled to take, we may suspend your child from classes without refunding the Course Fee.
  • You and your child are solely responsible for your child’s communication and interaction with any other student or any teacher, online or offline.
  • If there is a dispute between your child and another student or a teacher, WTMA is under no obligation to become involved.
  • You hereby release WTMA, its subsidiaries and affiliates, and their officers, employees, agents, and successors in interest from claims, demands, and damages (actual and consequential) of every kind or nature, including death, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
  • If you are a California resident, on behalf of both you and your child, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

DISCLAIMER OF WARRANTIES. THE WTMA SITE IS MADE AVAILABLE TO YOU “AS IS.” WTMA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT OF THE LAW ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE WTMA SITE OR THE COURSES SOLD ON THE WTMA SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ABOUT THE RESULTS YOUR CHILD MAY ACHIEVE IN ANY COURSE OR BY TAKING COURSES IN LIEU OF OTHER EDUCAIONAL PROGRAMS. EVERY CHILD IS DIFFERENT AND EDUCATIONAL COURSES AND APPROACHES THAT MAY WORK WELL FOR ONE CHILD MAY NOT WORK FOR ANOTHER CHILD. WE ALSO DISCLAIM ANY WARRANTY OF ANY KIND RELATING TO THE RESULTS OF YOUR USE OF OR INTERACTION WITH THE WTMA SITE, INCLUDING, WITHOUT LIMITATION ANY WARRANTY THAT THE WTMA SITE WILL OPERATE CONTINUOUSLY OR ERROR-FREE ON YOUR OPERATING SYSTEM OR THAT CONTENT ON THE WTMA SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

INDEMNITY. You will indemnify and hold harmless WTMA, its parent, subsidiaries, affiliates, officers, agents, and other partners and employees from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney’s fees made by any third party (which means anyone other than you or WTMA) due to or arising out of your use of the WTMA Site, including, without limitation, any claim arising from your breach of these Terms of Use. This obligation will survive termination of this Agreement, which means that even after you stop using the WTMA Site and/or after your child stops taking Courses, you will still be bound.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL WTMA OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WTMA OR SUCH SUBSIDIARY OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WTMA SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WTMA SITE; YOUR INABILITY TO USE THE WTMA SITE; THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WTMA SITE; OR OUT OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WTMA SITE OR ANY LINKS ON THE WTMA SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.

CONSENT TO COLLECTION AND USE OF DATA. Our privacy policy, which you can read here [LINK], explains what personally identifying information is collected through the WTMA Site, how it is used, and who has access to it.

COPYRIGHT PROTECTION POLICY. If you believe that any content that you own has been posted on the WTMA Site without your permission, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the WTMA Site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent can be reached as follows: Susan Bauer, Well-Trained Mind Academy, 18021 The Glebe Land, Charles City, VA, phone 804.829.5042, fax 804.829.5704, email info@welltrainedmind.com.

GOVERNING LAW, JURISDICTION, AND TIME LIMIT ON CLAIMS. You agree that: (i) the WTMA Site shall be deemed solely based in Virginia; and (ii) the WTMA Site  shall be deemed a passive Site that does not give rise to personal jurisdiction over WTMA, either specific or general, in jurisdictions other than Virginia. If you have any dispute with us, the dispute will be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of Richmond, Virginia. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the WTMA Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

TERMINATION. We reserve the right, in our sole discretion, to refuse to process any order for Courses, reject any credit card or other form of payment, assist law enforcement in the prosecution of criminal liability, and/or take whatever other actions we consider appropriate to address any action that we reasonably believe is or might be in violation of these Terms of Use.

ADDITIONAL TERMS. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the Terms of Use invalid, the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect.

These Terms of Use were last updated on May 12, 2015 (Aug 11, 2016 updated refund policy).

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