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EduSail Terms of Enrollment

You have enrolled in a program with EduSail, LLC (“EduSail”, “we”, “us”, “our”).

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All program techniques and materials (online and print), content, code, software, data, videos, and session transcripts, copyrights, trademark rights and other intellectual and property rights used in or related to your program are the exclusive property of EduSail or its licensors. You agree not to disclose, reproduce, sell or distribute to any third party any information, written or spoken, including course materials, obtained from EduSail in connection with EduSail meetings or programs, and agree to use such information only for your personal, non-commercial use. Without limiting the foregoing, you further agree not to share your online EduSail password or to otherwise allow any other person to use the EduSail online resources purchased by you. To the extent you need to download software or documentation to access services or materials in connection with your program, EduSail grants you a limited, non-assignable, non-transferable, revocable license to use such services and materials solely for use with your purchased program or services and only for your personal, non-commercial use. Such license will terminate when your program, plan or other service expires or otherwise terminates.

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You understand that for certain EduSail programs, space is limited and, therefore, enrollment is taken on a first-come, first-served basis.

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You are solely responsible for all telephone, computer hardware and other equipment and all Internet or wireless services required for access to and use of our online services.

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EduSail reserves the right, in its sole discretion, to change these Terms of Enrollment, in whole or in part, at any time. Changes in these Terms of Enrollment will be effective when posted.

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Payment:

You agree to pay in full by credit card/debit or other payment acceptable to EduSail, for your purchases of EduSail products and services as follows:

  • When you purchase a monthly mentorship package, we immediately charge the monthly fee for your plan to your credit card or other payment method you have selected and enter into your account the number of one-on-one counseling sessions that corresponds to your plan. On the same day of each month (or the last calendar day if you paid on the last day of a month), until your plan expires, we will charge your monthly fee to your credit card or other payment method you have selected. When you finish a one-on-one counseling session, we will deduct the time you spent with the counselor from your account balance. Notwithstanding the foregoing, If EduSail has approved a payment plan for you, then payments are due in accordance with such plan, but you must still pay a deposit when you enroll.

  • When you purchase an annual or multi-year mentorship package, we immediately charge the mentorship package amount in full at the time you enroll. When you purchase an annual or multi-year mentorship package, we immediately charge the entire fee for your plan to your credit card or other payment method you have selected and enter into your account the number of one-on-one counseling sessions that corresponds to your plan. When you finish a one-on-one counseling session, we will deduct the time you spent with the counselor from your account balance. Notwithstanding the foregoing, If EduSail has approved a payment plan for you, then payments are due in accordance with such plan, but you must still pay a deposit when you enroll.

  • For our College Admissions Counseling programs, you must pay the enrollment fee in full at the time you enroll. Notwithstanding the foregoing, if EduSail has approved a payment plan for you, then payments are due in accordance with such plan, but you must still pay a deposit when you enroll.

  • All EduSail programs & plans have a defined term. After the expiration of the defined term (unless you purchase another defined term during the defined term), you must purchase a new plan to continue receiving EduSail services. At any time during your defined term, you may purchase another defined term. If you do, then we will immediately charge the fee for your new plan to your credit card or other payment method you have selected, the defined term of the new plan will be added to the end of the term of your current plan, and we will immediately add to your account the number of additional one-on-one counseling sessions that comes with the plan you purchased.

  • You agree to pay all fees, plus applicable tax, for any purchases you make concurrent with your order. If your payment method is declined and you receive the products or services, you agree to pay all amounts due upon demand by us. If you have not yet received the products or services, we may cancel your order. You authorize us to charge the payment method we have on file, regardless of whether the information associated with such payment method has changed, including but not limited to the expiration date of a credit card. We may receive updated information about your payment method from the issuing financial institution. If we request a third party to collect unpaid amounts that you owe us, you will be liable for all of our attorneys' and/or collection agency fees.

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Student Withdrawals, Cancellations, and Refunds:

One-on-One Services

If you choose to withdraw your enrollment in one-on-one services within the time frames listed below, we will provide a refund of the percentage of the tuition you have paid as listed below, subject to the conditions below:

  • For College Admissions Counseling Packages - 100% of the package fee minus $150 if you have not completed the first session, and 100% of the package fee minus $750 if you have completed the first session. 

  • For the 5-Session Bundle Packages - 100% of the plan fee minus $150 if you have not completed the first session, and your plan fee minus $750 if you have completed the first session.

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There are no refunds once you begin your second one-on-one session.

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You have 90 days after your enrollment to begin one-on-one sessions, or you will forfeit all unused one-on-one sessions and access to online program materials.

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One-on-one sessions included in the packages must be scheduled in advance and are subject to the counselor's availability. If you need to reschedule a session, please do so in a timely manner. We reserve the right to charge a fee of $75 if you miss a scheduled session with your counselor or if you cancel a session within 48 hours of your scheduled session time. Additionally, if you fail to give 48 hours advance notice of any cancellation, the missed session may be deducted from remaining one-on-one counseling sessions, as if the session took place.

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EduSail Program Changes and Cancellations:

Occasionally, due to various circumstances, EduSail may change or cancel a one-on-one session. If this occurs, we will reschedule your session as soon as possible.

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Prohibited Conduct; Dismissal from Program or Online Access:

You agree that you will treat EduSail mentors and counselors with respect and not use obscenities, make threats or discuss matters other than those related to the subject in which you are being helped in your EduSail program.

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EduSail may dismiss you from a EduSail program or cancel your services, including online access to our services if you:

  • have not paid in full by the first scheduled session (unless EduSail has approved a payment plan for you), or

  • in EduSail's opinion, are disruptive, or

  • do not comply with our Terms of Use set out on our website at www.EduSail.org, these EduSail Terms of Enrollment, or other rules and procedures applicable to our products or services being provided to you.

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EduSail will not refund any amounts or provide any credit where a student is dismissed from a program or their services are cancelled as set forth above.

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Disclaimer; Limitation of Liability:

EDUSAIL WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR EDUSAIL PROGRAM, EVEN IF EDUSAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN THE GUARANTEE SET FORTH BELOW, EDUSAIL DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EDUSAIL'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR EDUSAIL PROGRAM WILL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR PROGRAM. IN PARTICULAR, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN RELATION TO COUNSELING SERVICES, EDUSAIL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO (A) THE LIKELIHOOD OF SUCCESS IN OBTAINING ADMISSION TO A PROGRAM, (B) WHETHER THE SERVICES WILL ENHANCE OR DETRACT FROM THE STRENGTH OF YOUR APPLICATION, OR (C) ANY GUARANTEE THAT YOU WILL OBTAIN ADMISSION TO ANY PROGRAM. EDUSAIL SHALL NOT IN ANY WAY BE LIABLE FOR YOUR FAILURE TO ACHIEVE ADMISSION TO ANY PROGRAM.

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Governing Law:

These EduSail Terms of Enrollment and any claim or dispute arising out of, relating to or in connection with these EduSail Terms of Enrollment or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of Oklahoma without giving effect to its conflicts of law principles. The exclusive means of resolving any such claim or dispute shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

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Additional Information for One-on-One Counseling Sessions:

Canceling One-on-One Counseling Sessions

Counseling sessions included in the base enrollment plans must be scheduled in advance and are subject to the counselor's availability. If you need to reschedule a session, please do so in a timely manner. We reserve the right to charge a fee of $75 if you miss a scheduled session with your counselor or coach or if you cancel a session within 48 hours of your scheduled session time. Additionally, if you fail to give 48 hours advance notice of any cancellation, the missed session may be deducted from remaining one-on-one counseling sessions, as if the session took place.

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Counselor Satisfaction

If you are not happy with the counselor we have assigned to you, please contact EduSail before your second one-on-one counseling session. We will assign a new counselor who will conduct the remainder of your sessions.

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Forfeiture of Counseling Sessions

For all packages, the session(s) we place in your account each month are intended to be utilized once each month. If you do not use a counseling session by the end of each billing month, the session will not “roll over” from one month to the next but will expire and will be non-refundable.

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If after you have had your first or subsequent counseling sessions, there is no counseling session scheduled for you for over a 90-day period, all unused counseling sessions will be forfeited.

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Acceptance of These Terms and Conditions:

Purchasing a mentorship package with EduSail indicates your acceptance of these Terms of Enrollment. I understand that by purchasing a mentorship package, I acknowledge that I have read and that I agree to these terms of Enrollment. Note that you must be 18 years of age or older to accept these Terms of Enrollment. If you are less than 18 years of age, you must have a parent or guardian accept on your behalf. Purchasing a package is a representation from you that you are at least 18 years of age.

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