Terms & Conditions of Use


On Track Coaches LLC Terms of Customer Account Use

By clicking the ‘I Agree’ button below, I hereby acknowledge and agree as follows:


On Track Coaches LLC (“On Track Coaches” or “OTC”) has created a digital platform that facilitates connecting tutors, instructors, and other experts (collectively, “Professional” or “Professionals”) and learners in a variety of subjects through a curated platform. OTC’s services, platform, websites, diagnostics, applications, and third-party applications are collectively referred to as the “Platform.” These Terms of Customer Account Use (“Terms”) shall govern your access to or use of all aspects and components of the Platform. These Terms are entered into between OTC and you as well as (a) all students and users who receive tutoring, instruction, or teaching as a result of your purchase(s), including other students and users within your family; (b) other students for whom you purchase tutoring; and (c) any authorized user of your account or to whom you have provided account access (collectively, “you” or “your”). These Terms constitute a legal agreement between you and OTC (the “Parties”). In order to operate and improve the Platform, OTC reserves the right to modify or amend these Terms, including doing so electronically, and any such modification or amendment is accepted or agreed to by you pursuant to OTC’s Electronic Communications Delivery and Electronic Signature Policy (“Electronic Communications Agreement”) or by your continued use of the Platform after being notified of modification or amendment of the Terms. The modified or amended Terms shall supersede any prior terms related to the subject matter hereof. If you do not agree to these modified or amended Terms, you may not use the Platform. You also agree to comply with the terms of use and/or terms of service of any non-OTC application, software, or product that you use in connection with the Platform. You acknowledge that these Terms include a class action waiver and resolution of disputes by arbitration instead of in court, as described below.


1. Individual Purchase: 


You are able to purchase a certain number of hours to use on the Platform for individual (one-on-one) meetings of a specified length and type from independent contractor Professionals who are made available to provide services to you through the Platform (“Individual Purchase”). The hours are redeemable with a Professional selected through the Platform (and agreed upon by you and the Professional) based on the length and type of Individual Purchase. The different Individual Purchase types may include, but are not limited to, academic (including different grade levels), test preparation, in-person, online, professional certification, instant tutoring, technical training, learning differences, learning tools, diagnostics, webinars, academic coaching, consulting, enrichment, and adult learning (or as otherwise confirmed in your purchase document). While your Individual Purchase will consist of a package of hours, you are able to schedule those hours over the course of multiple meeting dates/times (each a “Meeting”), as agreed to between you and the Professional(s) with whom you engage, and subject to the Minimum Billing guidelines below.


1.1 Refunds for Individual Purchase and Redemption Period: 


Except as set forth in Sections 4.2, 4.3, and 4.4 (which pertain to specific exam-related guarantees and eligibility criteria for each), unused, pre-paid Individual Purchase hours are eligible for a refund up to 30 days from the date of purchase, provided you have completed at least one Meeting with a Professional through the Platform following your most recent Individual Purchase. You are not eligible for a refund if you made an Individual Purchase but have not completed any Meeting with a Professional. After 30 days from the date of purchase, you agree that you are not entitled to receive a refund for any unused Individual Purchase hours that you have the right to use, but fail to use for any reason. The Individual Purchase hours have no cash value and are not redeemable or usable for cash. Individual Purchase hours may be redeemed up to one year from the date of purchase. Refundable hours may be eligible for conversion for (i) other Individual Purchases based on rate type when you purchased hours of a different type, or (ii) Group Purchases (as defined below) also subject to conversion based upon respective pricing at the time of purchase for the portion of the purchase that is refundable. If there are non-purchased hours reflected in your account, then those cannot be refunded and are valid the lesser of one year from the date of issuance or 90 days from your last Meeting reflected on your account. Further, with respect to timely refunds of unused Individual Purchase hours, any volume discount obtained as part of the purchase may be adjusted to reflect purchased hours actually used (i.e. the refund will be calculated after subtracting from the purchase price the non-discounted price of the hours that were used). 


1.2 Cancellation of Individual Meeting: 


If you need to cancel a scheduled Meeting previously agreed to by you and the Professional, you shall give the Professional at least 24-hours’ notice prior to the Meeting. If you give less than 24-hours’ notice prior to the Meeting, then the Professional has the right to invoice your account for 30 minutes, which will result in your account being debited 30 minutes. If you do not give any notice of cancellation or are not otherwise available within 10 minutes of the scheduled start time for the Meeting, the Professional has the right to invoice your account for the full Meeting (as scheduled), which will result in your account being debited by the full amount of the scheduled Meeting. Notwithstanding the preceding and in light of you having agreed to the scheduling and timing of Meetings, you are encouraged to try to resolve cancellation related issues directly with the Professional in a mutually satisfactory manner. 


1.3 Minimum Billing: 


While the length of each Meeting shall be determined and/or agreed upon between you and the Professional, OTC reserves the right for itself and for the Professionals, to bill your account for certain minimum Meeting lengths based upon the particular subject, grade level, Professional availability, or other factors, as specifically indicated in the purchase documentation sent to you at or following the time of purchase.


1.4 Chaperone: 


If an authorized user of your account is a minor under applicable law, then you understand and agree that the student’s parent, legal guardian, or approved chaperone of at least 21 years of age must be present for in-person Meetings in order for in-person Meetings to be performed for such minor student, unless the Meeting occurs in a public setting. If a parent, guardian, or approved chaperone is not present with a minor student within 10 minutes of the scheduled start time for an in-person Meeting that is not in a public setting, then you agree that the Meeting will be considered a cancellation of the Meeting without notice. Accordingly, the Professional has the right to invoice your account for the full Meeting, which will result in your account being debited by the full amount of the scheduled Meeting.


1.5 Instant Tutoring: 


You are able to use Individual Purchase hours toward Instant Tutoring (unless otherwise confirmed in your purchase documentation), which allows you to connect through the Platform with a Professional on-demand online in a wide variety of offered subjects (“Instant Tutoring”). When you select Instant Tutoring through the Platform for an available subject, you will be matched with a Professional through the Platform. There may be instances when a Professional may not be available to be matched with you on-demand in certain circumstances, for example, due to the time of day, subject matter, etc. Instant Tutoring is billed by the Professional to your account in 15-minute increments with a 15 minute minimum. If you are not satisfied with the Professional with whom you are initially matched, then you may discontinue the Instant Tutoring Meeting with that Professional, and seek to be placed with another Professional for Instant Tutoring through the Platform, in which case you would be eligible for a credit for the time the initial Professional billed to your account (up to 15 minutes), provided you notify an authorized representative of OTC in writing within 48 hours of the discontinued Instant Tutoring Meeting.


2. Group Purchase: 


You are able to purchase through the Platform the opportunity to enroll in group sessions, classes, and courses designed and curated by independent contractor Professionals who also determine the curriculum, lesson plans, schedule, duration, and other details, and who are made available to provided group instruction to you through the Platform (“Group Purchase”). Group Purchase types may include, but are not limited to, academic (including different grade levels), test preparation, professional certification, technical training, learning differences, learning tools, diagnostics, webinars, academic coaching, consulting, enrichment, and adult learning (or as otherwise confirmed in your purchase document). While your Group Purchase will be specific to a certain subject matter, class, or course of your choosing, there will be scheduled sessions that span multiple dates/times (each a “Session” whether purchased by the Session or by the hour as reflected in your purchase document), either as determined by your Professional in advance or as agreed to between you and the Professional, where applicable. At the time of purchase, OTC will confirm the Group Purchase type, subject matter, cost, Professional (where applicable), and dates and times of Sessions (where applicable) included in your Group Purchase (although the specific date and time of any Session(s) may be subject to change upon notice from the Professional and/or OTC, and if you are unable to attend, you will be provided access to view a recording of the Session(s) if such recording is available). Please review your purchase documentation and confirm that it is consistent with your selection, and notify OTC within twenty-four (24) hours of receipt if it is not. 

2.1 Refunds for Group Purchase and Redemption Period: 

Except as set forth in Sections 4.2, 4.3, and 4.4 (which pertain to specific exam-related guarantees and eligibility criteria for each), a Group Purchase is only eligible for a refund:

  1. after you have attended at least one Session, and 
  2. prior to the date of the Session that represents one quarter (¼) of the total Sessions comprising the Group Purchase (regardless of whether you were placed with a “New Group” after your initial Session, as described in the Professional Satisfaction Guarantee related to a Group Purchase in Section 4.1 below), unless your Group Purchase only has 4 or fewer Sessions, in which case you would need to request the refund prior to the start of the second scheduled Session. (For example, if your Group Purchase course has a total of 12 scheduled Sessions, then the third Session would represent ¼ of the total Sessions and your refund request would need to be made prior to the scheduled third Session date; whereas, if your Group Purchase course has a total of 4 scheduled Sessions, then your refund request would need to be made prior to the scheduled second Session.) 

Any refund request that meets the above criteria will result in the purchase price being reduced by the pro-rated share of Sessions you attended or had the opportunity to attend. The Group Purchase has no cash value and neither the Group Purchase nor any Session thereunder are redeemable or usable for cash. The Group Purchase may be redeemed up to one year from the date of purchase. Refundable Group Purchase hours may be eligible for conversion (i) from one Group Purchase subject matter or type to another Group Purchase subject matter or type based on the purchase price paid for the Group Purchase at issue and the difference in price for the Group Purchase of a different subject matter or type, or (ii) from Group Purchase to Individual Purchase based upon respective pricing at the time of purchase for the portion of the purchase that is refundable. If there are non-purchased Group Purchase hours reflected in your account, then those cannot be refunded and are valid the lesser of one year from the date of issuance or 90 days from your last Session reflected on your account. 


2.2 Session Billing: 


While the length of each Session shall be determined by the Professional, you will be notified of the Session length in your purchase documentation. On or around the date of your schedule Session your account will be billed for the full scheduled Session length, regardless of whether you attend the respective Session in full, in part, or not at all. 


3. Bundled Purchase: 


To the extent you purchase a bundled package that includes Individual Purchase hours for Meetings in conjunction with Group Purchase hours for scheduled Sessions (a “Bundled Purchase”), then the refund rules applicable to each purchase type will apply to the respective Individual Purchase hours or Group Purchase hours remaining at the time of the refund request. To the extent the Bundled Purchase included items other than purchased hours for an Individual Purchase type or a Group Purchase type (such as, for example, diagnostic testing, learning tools, etc.) then only the portion attributable to the purchased hours would be eligible for a refund, and would be refunded consistent with the specific Individual Purchase and/or Group Purchase as apportioned by OTC. OTC reserves the right to allocate the total price of the Bundled Purchase across the different types of products that were included in any given Bundled Purchase, regardless of any dollar amount attributable in the purchase documentation. If seeking a refund related to a Bundled Purchase, you are only entitled to one refund. If a refund is issued, you will not retain any unused Individual Purchase hours or Group Purchase hours that were associated with the refunded Bundled Purchase. 


4. Our Guarantees:


OTC offers a variety of guarantees related to its different purchase offerings through the platform, the details of which are set forth below. OTC reserves the right to modify or amend any such guarantee(s), including offering new and/or additional guarantees in the future. The guarantee terms that are applicable to you shall be as reflected below, unless modified in your purchase documentation.


4.1 Professional Satisfaction Guarantee:


The Professional Satisfaction Guarantee applies to Individual Purchases, Group Purchases, and Bundled Purchases.


Individual Purchase: If, after your initial Meeting, you are not satisfied with the Professional selected through the Platform, then promptly contact OTC so OTC can understand why the Professional was not a good match and can assist you with selecting a new Professional that better fits your needs. If you promptly notify OTC after the initial Meeting, then you will be entitled to obtain one Meeting with a new Professional selected through the Platform and agreed to by you for no additional charge based upon the actual length of the initial Meeting (up to 2 hours). This second Meeting shall not be deducted from your Individual Purchase hours. If you are still not satisfied after your second Meeting (or choose not to proceed with this complementary second Meeting), then you may request a refund of the unused Individual Purchase hours in accordance with the Individual Purchase refund policy set forth in Section 1.1. For information specific to Instant Tutoring and the ability to be placed with a new Professional and/or receive a credit for the time billed, please see Section 1.5.


Group Purchase: If, after your initial Session, you are not satisfied with the Professional selected through the Platform or the curriculum developed by that Professional, then promptly contact OTC so OTC can understand why the Professional and/or curriculum developed by that Professional was/were not a good match and can assist you with selecting a new Professional, tutoring group, class, and/or course for use with your Group Purchase (e.g. different tutoring group, class, or course) that is a better match. If you promptly notify OTC after the initial Session, then you will be entitled to move to a different Professional, tutoring group, class, and/or course, where available (referred to here as a “New Group”), led by a different Professional of your choice (assuming there is more than one Professional providing the subject matter of the Session, and subject to the Professional’s agreement to the engagement) without charge, provided that the New Group is the same cost of your original Group Purchase (however, if the New Group costs less, then you will be entitled to a refund of the difference, and if the New Group costs more, then you will be responsible for remitting the difference to OTC before proceeding). If you are still not satisfied after moving to a New Group (or choose not to proceed with moving to a New Group), and you are still within the applicable refund time period, then you may be entitled to convert the Group Purchase to an Individual Purchase with a Professional selected through the Platform at the equivalent rate and type, or request a refund in accordance with the Group Purchase refund policy set forth in Section 2.1. OTC’s refund obligation shall not exceed the actual purchase price and is subject to further reduction as set forth herein.


Bundled Purchase: For a Bundled Purchase, you are eligible for a Professional Satisfaction Guarantee for both purchase types (i.e. you are entitled to a Personal Satisfaction Guarantee related to your Individual Purchase and you are entitled to a Personal Satisfaction Guarantee for your Group Purchase).  Please refer to the Professional Satisfaction Guarantee parameters applicable to each purchase type above. 


4.2 Better Score Guarantee:  


The Better Score Guarantee applies to Individual Purchases, Group Purchases, and Bundled Purchases for the following standardized tests for admission into college and graduate schools: SAT, ACT, GRE, GMAT, MCAT, & LSAT (each an “Eligible Test”). If the standardized test you are looking to take is not listed, please speak with a customer service representative to see if it is now eligible for the Better Score Guarantee. The Better Score Guarantee requires that you submit an official test score to OTC to serve as a baseline (your “Baseline Test Score”). A “better score” is defined as at least a 1 point increase from your Baseline Test Score.  If your score improves hereunder, but not as much as you would like it to, or, if you have not taken an official Eligible Test prior to your purchase (in which case you would not be eligible for the Better Score Guarantee), then please review the Personal Satisfaction Guarantee referenced below in Section 4.3.


4.2.1  Eligibility Requirements:  The eligibility requirements depend upon your purchase:

Individual Purchase: In order to be eligible for the Better Score Guarantee, you must:

  1. Make an Individual Purchase of at least 24 hours in an Eligible Test subject with a Professional obtained through the OTC platform;
  2. Complete a minimum of 24 hours of one-on-one Meetings in the Eligible Test subject, all of which must be completed in the three (3) month time period preceding the date on which you take the Eligible Test;
  3. Within 14 days of purchase, submit an official Baseline Test Score to your OTC customer service representative;
  4. Download and log in to the On Track Coaches Learning Tools study mobile app prior to your first Meeting following your purchase under the Better Score Guarantee, and if your Eligible Test subject is the ACT, SAT, or GRE, then also download the On Track Coaches Prep Book for ACT/SAT/GRE;
  5. Complete all homework and/or assignments provided by your Professional and adhere to the lesson plan agreed to with the Professional, as applicable;
  6. Take the official Eligible Test within 14 days of your last Meeting in that Eligible Test subject; and
  7. Submit the official score for the Eligible Test to your OTC customer service representative within 14 days of the score release date.

Group Course: In order to be eligible for the Better Score Guarantee, you must:


  1. Make a Group Purchase in an Eligible Test subject with a Professional obtained through the OTC platform;
  2. Attend all Sessions included as part of your Group Purchase for the Eligible Test;
  3. Within 14 days of purchase, submit an official Baseline Test Score to your OTC customer service representative;
  4. Download and log in to the On Track Coaches Learning Tools study mobile app prior to your first Session following your purchase under the Better Score Guarantee, and if your Eligible Test subject is the ACT, SAT, or GRE, then also download the On Track Coaches Prep Book for ACT/SAT/GRE;
  5. Complete all homework and/or assignments provided by your Professional and adhere to the curriculum developed and provided by the Professional, as applicable;
  6. Take the official Eligible Test within 14 days of your last Session in that Eligible Test subject; and
  7. Submit the official score for the Eligible Test to your OTC customer service representative within 14 days of the score release date.

Bundled Purchase: In order to be eligible for the Better Score Guarantee, you must:

  1. Make a Bundled Purchase (which includes a minimum of eight (8) Individual Purchase hours coupled with the predetermined Group Purchase hours for the Eligible Test) in an Eligible Test subject with a Professional obtained through the OTC platform;
  2. Attend all Sessions included as part of your Group Purchase for the Eligible Test, all of which must be completed in the six (6) month time period preceding the date on which you take the Eligible Test;
  3. Complete a minimum of 8 hours of one-on-one Meetings as part of your Individual Purchase for the Eligible Test, all of which must be completed in the six (6) month time period preceding the date on which you take the Eligible Test;
  4. Complete all homework and/or assignments provided by your Professional and adhere to the curriculum developed and provided by the Professional, as applicable; and
  5. Submit the official score for the Eligible Test to your OTC customer service representative within 14 days of the score release date.

4.2.2 Refunds or Other Options:  


If you have otherwise met the eligibility requirements outlined in Section 4.2.1, but your score did not improve, then contact your customer service representative to discuss your options, which are outlined below.  


For an Individual Purchase: If your score did not improve and you have satisfied the eligibility requirements set forth in 4.2.1, then you can either: (a) receive a one-time credit of the same number of Individual Purchase hours that you originally purchased in the same Eligible Test subject (capped at the number of hours that were actually completed as part of your eligibility requirements) in order to help you prepare for a subsequent test, at no additional cost; or (b) get your money back for your most recent Eligible Test Individual Purchase. If there are non-purchased hours that OTC added to your account hereunder, they shall have no cash value and are not redeemable or usable for cash.


For a Group Purchase: If your score did not improve and you have satisfied the eligibility requirements set forth in 4.2.1, then you can either: (a) receive a one-time credit for the same Group Purchase (which is comprised of a predetermined number of Sessions and total number of hours) you originally purchased for the Eligible Test (if available) in order to help you prepare for a subsequent test, at no additional cost; or (b) get your money back for the Group Purchase for the Eligible Test. If there are non-purchased hours for a Group Purchase that OTC added to your account hereunder, they shall have no cash value and are not redeemable or usable for cash.


For a Bundled Purchase: If you did not pass your Eligible Test and you have satisfied the eligibility requirements set forth in 4.2.1, then you can either: (a) receive a one-time credit for the same Group Purchase (which is comprised of a predetermined number of Sessions and total number of hours) you originally purchased for the Eligible Test (if available) in order to help you prepare for a subsequent test, at no additional cost; (b) receive a one-time credit for the same number of Individual Purchase hours you originally purchased in the same Eligible Test subject (capped at the number of hours that were actually completed as part of your eligibility requirements) in order to help you prepare prepare for a subsequent test, at no additional cost; or (c) get your money back for your Bundled Purchase for the Eligible Test. Any non-purchased hours that OTC adds to your account hereunder shall have no cash value and are not redeemable or usable for cash.


Whether seeking a refund or credit related to an Individual or Group Purchase, you are only entitled to either a refund or a credit for the Eligible Test that was the subject of your purchase, and not both (i.e. if you receive a refund, then you are no longer entitled to receive any credits for Individual and/or Group Purchase hours, and vice versa). If you have satisfied the eligibility requirements for the Better Score Guarantee, including timely providing your official scores in the Eligible Test, then you have twelve (12) months from the date of purchase to request a refund or to obtain and use the one-time credits hereunder. The preceding limitation would not apply to a subsequent purchase that was eligible for the Better Score Guarantee whether in the same subject of the Eligible Test or a different Eligible Test (e.g. it only applies to each particular purchase). Please contact your customer service representative who will review your eligibility for a refund based upon the eligibility criteria.


4.3 Personal Satisfaction Guarantee:  


The Personal Satisfaction Guarantee applies to Individual and Group Purchases for certain standardized tests for admission into college and graduate schools that are Eligible Tests under OTC’s Better Score Guarantee – regardless of whether you have taken the official standardized test prior to your purchase. 


If you have not yet taken an official Eligible Test prior to your Individual or Group Purchase for the Eligible Test subject and you otherwise meet the eligibility requirements for the Better Score Guarantee (set forth in Section 4.2) for your respective Eligible Test purchase, then, in the event you are not satisfied with the score you achieve on the official Eligible Test, we will provide you one live online Group Purchase course (which is comprised of a predetermined number of Sessions, depending on the Eligible Test) in the same Eligible Test subject as your original purchase (regardless of whether you made an Individual or Group Purchase for the Eligible Test), at no additional cost for the particular purchase (but other purchases may also be eligible), in order to help you prepare for a subsequent test. This is a one-time credit only, and it has no cash value and is not redeemable or usable for cash. 


If you had already taken an official Eligible Test at the time of your Individual or Group Purchase for the Eligible Test subject and you also met the eligibility requirements for the Better Score Guarantee (set forth in Section 4.2) for your respective Eligible Test purchase and your score improved; however, it did not improve as much as you wanted it to, then we will provide you one live online Group Purchase course (which is comprised of a predetermined number of Sessions, depending on the Eligible Test) in the same Eligible Test subject as your original purchase (regardless of whether you made an Individual or Group Purchase for the Eligible Test), at no additional cost for the particular purchase (but other purchases may also be eligible), in order to help you prepare for a subsequent test. This is a one-time credit only, and it has no cash value and is not redeemable or usable for cash. 


4.4 Pass Guarantee: 


The Pass Guarantee applies to Individual, Group, and Bundled Purchases for the following professional certifications and/or technical exams: NCLEX, SIE, Series 6, Series 7, Series 65, CPA FAR, CPA REG, CPA AUD, CPA BEC, USMLE, PMP, DAT, and Praxis (each an “Eligible Test”). If the standardized test you are looking to take is not listed, please speak with a customer service representative to see if it is now eligible for the Pass Guarantee, and/or reference your purchase documentation, which will reflect if the Pass Guarantee is applicable to your purchase. 


4.4.1  Eligibility Requirements:  The eligibility requirements depend upon your purchase:

Individual Purchase: In order to be eligible for the Pass Guarantee, you must:

  1. Make an Individual Purchase of at least 12 hours in an Eligible Test subject with a Professional obtained through the OTC platform;
  2. Complete a minimum of 12 hours of one-on-one Meetings in the Eligible Test subject, all of which must be completed in the six (6) month time period preceding the date on which you take the Eligible Test;
  3. Within 14 days of purchase (or within 14 days of registration for your Eligible Test, whichever is later), submit proof of registration and/or proof of test date for your Eligible Test, including the exam date, to your OTC customer service representative;
  4. Complete all homework and/or assignments provided by your Professional and adhere to the lesson plan agreed to with the Professional, as applicable;
  5. Take the official Eligible Test within 14 days of your last Meeting in that Eligible Test subject; and
  6. Submit the official score for the Eligible Test to your OTC customer service representative within 14 days of the score release date.

Group Course: In order to be eligible for the Pass Guarantee, you must:

  1. Make a Group Purchase in an Eligible Test subject with a Professional obtained through the OTC platform;
  2. Attend all Sessions included as part of your Group Purchase for the Eligible Test, all of which must be completed in the six (6) month time period preceding the date on which you take the Eligible Test;
  3. Within 14 days of purchase, (or within 14 days of registration for your Eligible Test, whichever is later), submit proof of registration and/or proof of test date for your Eligible Test, including the exam date, to your OTC customer service representative;
  4. Complete all homework and/or assignments provided by your Professional and adhere to the curriculum developed and provided by the Professional, as applicable;
  5. Take the official Eligible Test within 14 days of your last Session in that Eligible Test subject; and
  6. Submit the official score for the Eligible Test to your OTC customer service representative within 14 days of the score release date.

Bundled Purchase: In order to be eligible for the Pass Guarantee, you must:

  • Make a Bundled Purchase (which includes a minimum of eight (8) Individual Purchase hours coupled with the predetermined Group Purchase hours for the Eligible Test) in an Eligible Test subject with a Professional obtained through the OTC platform;
  • Attend all Sessions included as part of your Group Purchase for the Eligible Test, all of which must be completed in the six (6) month time period preceding the date on which you take the Eligible Test;
  • Complete a minimum of 8 hours of one-on-one Meetings as part of your Individual Purchase for the Eligible Test, all of which must be completed in the six (6) month time period preceding the date on which you take the Eligible Test;
  • Within 14 days of purchase, (or within 14 days of registration for your Eligible Test, whichever is later), submit proof of registration and/or proof of test date for your Eligible Test, including the exam date, to your OTC customer service representative;
  • Complete all homework and/or assignments provided by your Professional and adhere to the curriculum developed and provided by the Professional, as applicable;
  • Take the official Eligible Test within 14 days of your last Session in that Eligible Test subject; and
  • Submit the official score for the Eligible Test to your OTC customer service representative within 14 days of the score release date.

4.4.2 Refunds or Other Options Under the Above-Referenced Guarantees:  


If you have otherwise met the eligibility requirements outlined in Section 4.4.1, but you did not pass your Eligible Test, then contact your customer service representative to discuss your options, which are outlined below.  

For an Individual Purchase: If you did not pass your Eligible Test and you have satisfied the eligibility requirements set forth in 4.4.1, then you can either: (a) receive a one-time credit for the same number of Individual Purchase hours you originally purchased in the same Eligible Test subject (capped at the number of hours that were actually completed as part of your eligibility requirements) in order to help you prepare for a subsequent test, at no additional cost; (b) receive a live online Group Purchase course in the same Eligible Test subject as your original purchase (if available); or (c) get your money back for your most recent Eligible Test Individual Purchase package. Any non-purchased hours that OTC adds to your account hereunder shall have no cash value and are not redeemable or usable for cash.

For a Group Purchase: If you did not pass your Eligible Test and you have satisfied the eligibility requirements set forth in 4.4.1, then you can receive a one-time credit for the same Group Purchase (which is comprised of a predetermined number of Sessions and total number of hours) you originally purchased for the Eligible Test (if available) in order to help you prepare for a subsequent test, at no additional cost. Any non-purchased hours for a Group Purchase that OTC adds to your account hereunder shall have no cash value and are not redeemable or usable for cash.

For a Bundled Purchase: If you did not pass your Eligible Test and you have satisfied the eligibility requirements set forth in 4.4.1, then you can either: (a) receive a one-time credit for the same Group Purchase (which is comprised of a predetermined number of Sessions and total number of hours) you originally purchased for the Eligible Test (if available) in order to help you prepare for a subsequent test, at no additional cost; (b) receive a one-time credit for the same number of Individual Purchase hours you originally purchased in the same Eligible Test subject (capped at the number of hours that were actually completed as part of your eligibility requirements) in order to help you prepare prepare for a subsequent test, at no additional cost; or (c) get your money back for your Bundled Purchase for the Eligible Test. Any non-purchased hours that OTC adds to your account hereunder shall have no cash value and are not redeemable or usable for cash.

Whether seeking a refund or credit related to an Individual, Group, or Bundled Purchase, you are only entitled to a refund or a credit for the Eligible Test that was the subject of your purchase, and not both (i.e. if you receive a refund, then you are no longer entitled to receive any credits for Individual, Group, and/or Bundled Purchase hours, and vice versa). If you have satisfied the eligibility requirements for the Pass Guarantee, including timely providing notice to OTC of your official score in the Eligible Test, then you have twelve (12) months from the date of purchase to request a refund or to obtain and use the credits hereunder. If you satisfy the eligibility requirements and elect to receive a refund, then you are no longer eligible to receive any credits for Individual, Group, and/or Bundled Purchase hours for the Eligible Test.  If you satisfy the eligibility requirements and elect to receive a credit for Individual or Group Purchase hours, then you are limited to a maximum of three (3) requests (and would need to meet the eligibility requirements each time), any and all of which must be used within twelve (12) months from the original date of purchase related to the Eligible Test. The preceding limitations would not apply to a subsequent purchase that was eligible for the Pass Guarantee whether in the same subject of the Eligible Test or a different Eligible Test (e.g. it only applies to each particular purchase). Please contact your customer service representative who will review your eligibility for a refund based upon the eligibility criteria.


5. Miscellaneous Provisions: 


The following provisions apply to all purchase types (Individual Purchase, Group Purchase, and Bundled Purchase). 


5.1 Non-Solicitation: 


OTC has expended substantial resources creating the Platform and contracting with qualified Professionals who are available through the Platform to provide you with a personalized learning experience under your Individual Purchase and/or an independently developed learning experience under your Group Purchase. Because of this investment by OTC, and also because of OTC’s purchase offerings (which include a Bundled Purchase option), it is critical to OTC’s business to prohibit you from soliciting or contracting with a Professional outside the Platform when you were introduced to the Professional, directly or indirectly, through the Platform. This prohibition is irrespective of the purchase type you made.

 

Accordingly, you agree not to solicit, attempt to solicit, or contract with OTC’s contracted Professionals, directly or indirectly, for a period of two (2) years following the final Meeting or Session with any Professional obtained through the Platform (except through the Platform or with the express written consent of OTC). You acknowledge that OTC has a valid contract and/or business expectancy with the contracted Professionals who are subject to their own two (2) year non-solicitation provision regarding customers obtained through the Platform. Violating the non-solicitation provision, or failing to notify OTC in the event you have reason to believe a Professional is actually soliciting you or attempting to do so, also constitutes tortious interference with OTC’s contract with the Professional for which you may be liable to OTC for monetary damages and/or equitable relief.  In the event of a violation, the Parties acknowledge that the actual costs and resulting damages (lost productivity, increased operating costs, lost advertising costs, lost customer acquisition costs, lost customer lifetime value, etc.) are difficult to ascertain, calculate, and foresee. You hereby agree that each violation of this provision shall result in a payment to OTC in the amount of $5,000 as liquidated damages and you agree to pay all OTC’s costs and expenses incurred in enforcing these Terms, including but not limited to reasonable attorneys’ fees.


5.2 Professionals are Independent Contractors: 


The Professionals on the Platform are independent contractors, not employees of OTC, with their own tutoring, instruction, and teaching styles and methods. Professionals’ credentials have been reviewed by OTC as part of the process to get on the Platform and prior to contracting with Professionals. OTC runs a background check on Professionals through a third-party background check provider as part of the initial contracting process and at certain times thereafter.

 

OTC is not responsible for the conduct, whether online or offline, of any Professional and will not be liable for any claim, injury, or damage arising in connection with any services a Professional provides to you. You are free to select and obtain services from any Professional from the Platform, provided the Professional agrees to your selected preferences including the materials to be used as well as the date, time, and location of the Meetings and/or Sessions, depending upon your purchase. You can choose to select different Professionals for any Individual Purchase at any time from the Platform, including after the first Meeting or Session, respectively and pursuant to OTC’s respective Guarantees set forth herein.  In addition to your ability to change Professionals for an Individual Purchase at any time, you may be eligible for a refund for an Individual Purchase and/or Group Purchase in accordance with OTC’s respective Refund policies, described above. While for purposes of an Individual Purchase you can work with OTC to select another Professional through the Platform at any time or do so yourself, OTC relies upon you to make such a request given the highly personalized nature of a Meeting.  Similarly, if you are not experiencing your desired results or outcomes from a Meeting, you may request a new Professional through the Platform, and OTC will assist with matching you with another Professional.  OTC is not responsible for the results or outcomes of the Meetings or Sessions and shall have no obligation to you in this regard, other than matching you with a new Professional for purposes of an Individual Purchase, Group Purchase, and/or Bundled Purchase following the initial Meeting or Session (respectively), providing you with a complimentary second Meeting or Session for any Individual Purchase, Group Purchase, and/or Bundled Purchase (respectively) pursuant to the respective Guarantees, or providing you with a refund pursuant to the respective refund policies, if eligible. 


5.3 Network Access/Devices: 


You are responsible for obtaining the necessary hardware and software to access the Platform, whether through a computer, laptop, mobile device, tablet, or other authorized device.  Please contact IT support by email (techsupport@OTCtutors.com) for information regarding the particular devices supported, the acceptable browsers, the correct operating systems, etc.  If not a part of your hardware, you will also need a webcam, speakers, and/or microphone for on-line and instant Meetings and/or Sessions.  A sufficient connection to the Internet is also necessary to access the Platform and to engage in on-line and instant Meetings and/or Sessions.


5.4 Recorded Sessions: 


OTC records all Meetings and Sessions conducted on the Platform; however, you may opt out of Meeting recording. In order to opt out of Meeting recording, you must de-select recording of sessions as a preference on your online account page on the Platform. By agreeing to these Terms (and not opting out of session recording for Meetings), you consent to such recording of Meetings and/or Sessions. Recordings are made for educational purposes and shall remain the sole and exclusive property of OTC. Recordings are not available to Professionals and can only be accessed by you through your account on the Platform, or by an authorized representative of OTC for quality assurance and technical purposes, to improve OTC’s services, for educational purposes, to enhance the matching process involved in connecting students and Professionals, to enhance current offerings to students and Professionals, as well as develop new offerings to students and Professionals, and as set forth in OTC’s Privacy Policy (https://ontrackcoaches.com/privacy-policy). Recordings should be available through the Platform within 24 hours of a Meeting for an Individual Purchase and within 72 hours of a Session through a Group Purchase; however not all recordings will be available. OTC will seek to provide timely notice to you following your Meeting and/or Session when the video becomes available to you. OTC retains sole discretion regarding the availability of recordings to you and will endeavor to provide notice to you in the event recordings will be intentionally deleted by OTC. You agree that session recordings may not be downloaded, broadcast, or otherwise reproduced in any form, for any reason by you, and you shall be responsible for any breach.


5.5 Integration: 


By signing the Terms you also acknowledge having agreed to and being bound by OTC’s Electronic Communications Agreement linked below, its privacy policy (www.OTCtutors.com/privacy), its website Terms of Use (https://ontrackcoaches.com/terms-of-use), and any addendum hereto, including any payment plan, subscription addendum, or other addenda; however, in the event of a conflict regarding any other agreement(s), these Terms shall control.


5.6 Confidentiality: 


You may obtain OTC’s confidential information and/or trade secrets (or that of its affiliated and related entities) during the course of your use of the Platform. This information includes, but is not limited to, contractual, technical, pricing, marketing, product, operational, intellectual property, or other valuable information that is not publicly available or available without contractual restrictions. You agree to hold such information in strict confidence. All right, title, and interest in OTC’s confidential information shall remain with OTC. Confidential information shall not include information (i) you possessed prior to your access to information through the Platform or use of the Platform, (ii) that becomes generally known to the public (without violation of these Terms), (iii) you obtained from a third party who was not legally prohibited from disclosing it, or (iv) that you independently developed without the use of OTC’s confidential information.


5.7 Content: 


OTC may allow you to submit, upload, publish, or otherwise make available through the Platform certain content; however you are not required to do so, and you may share information with the Professional directly (not through the Platform).  While any content provided by you remains your property, you hereby grant OTC an irrevocable, perpetual, transferable, non-exclusive, fully paid-up, royalty-free, worldwide license (sub-licensable through multiple tiers) to: (i) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display such content (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed, and (ii) use (and permit others to use) such content in any manner and for any purpose (including, but not limited to, commercial purposes) that OTC deems appropriate in its sole discretion (including, but not limited to, incorporating such content (or any modification thereto), in whole or in part, into any technology, product, or service. OTC may evaluate in an aggregated and anonymized form to derive statistical and performance information related to the Platform, and as set forth in the Privacy Policy.  OTC reserves the right, but it has no obligation, to review content posted on the Platform and to remove any such material that violates or is alleged to violate the law or these Terms, that is offensive or illegal, or that might violate the rights of others, harm others, or threaten the safety of others.


5.8 Restrictions: 


You shall not: (i) remove any copyright, trademark, or other proprietary notices from the Platform; (ii) transfer, reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, display publicly, perform publicly, transmit, stream, broadcast, or otherwise exploit the Platform, except as expressly permitted by OTC; (iii) decompile, disassemble, or reverse engineer the Platform, unless permitted by law; (iv) link to, or frame any portion of the Platform; (v) cause or launch any program or script for the purpose of scraping, indexing, or surveying any portion of the Platform or hindering the functionality or operation of the Platform; or (vi) attempt to gain unauthorized access to or impair any aspect of the Platform’s systems or networks.


5.9 Agreement to Arbitrate:  


Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. 


Arbitration is the submission of a dispute to a neutral arbitrator, NOT a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential.  Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator generally can award the same damages and relief to you that a court can award under the law and must honor the terms and conditions in these Terms.


In order to expedite and control the cost of disputes, you and OTC agree that any legal or equitable claim, other than a claim under the Section titled “Non-Solicitation,” relating to this Agreement, any addendum, the use of the platform, or the tutoring obtained from the platform (referred to as a “Claim”), will be resolved as follows:  If a Claim cannot be resolved informally, any Claim asserted will be resolved only by binding arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO JURY TRIAL. The arbitration will be conducted by one arbitrator who is a member of the American Arbitration Association (“AAA”) and will be governed by the Consumer Arbitration Rules of the AAA. The arbitration will be held in St. Louis, Missouri or as mutually agreed between the parties and the arbitrator will apply Missouri substantive law, or federal law as applicable, in all respects.  The arbitrator shall have all authority to determine the arbitrability of any claim and enter a final binding judgment at the conclusion of any proceedings.  Any final judgment may be appealed only on the grounds of improper bias or improper conduct of the arbitrator.  If you decide to initiate arbitration, you will have to submit a demand for arbitration with a filing fee to https://www.adr.org.  OTC agrees to reimburse you for the filing fee; however, all other fees related to the arbitration, including the fees of the arbitrator, attorneys’ fees, arbitration expenses, etc. shall be determined by the arbitrator in accordance with the AAA rules. You also agree that this arbitration agreement shall apply to any dispute with other parties arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, regardless of the date of accrual of such dispute. 


YOU AND OTC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT CLASS, MASS, CONSOLIDATED, OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. 


These Terms evidence a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.


This agreement to arbitrate shall survive termination of these Terms. 

 

Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable.  If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and OTC waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.


The arbitrator shall not award relief in excess of what is allowed by applicable law and the Agreement. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any declaratory or injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. Judgment on the award may be entered in any court of competent jurisdiction.


5.10 Disclaimer of Warranties:  


OTC MAKES NO WARRANTY OR REPRESENTATION THAT THE ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. OTC HEREBY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, NON-INFRINGEMENT, AND QUALITY, UNLESS PROHIBITED BY LAW. THE OTC PLATFORM IS PROVIDED ON AN “AS IS” BASIS. OTC DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE PLATFORM.


5.11 Limitation of Liability: 


In no event will OTC be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Platform, service interruptions) arising out of or in connection with the Platform, the services, or these Terms, even if advised of the possibility of such damages. In no event shall the total liability of OTC (including itself and its members, managers, directors, officers, employees, or representatives) to you for all damages, losses, causes of action (whether in contract or tort, including but not limited to, negligence or otherwise) arising from your use of the Platform or relating to these Terms exceed, in the aggregate, the total amount purchased by you or through your account over the preceding three (3) months.


5.12 Indemnification: 


You will defend, indemnify, and hold harmless OTC and its affiliates, subsidiaries, parents, successors, and assigns, and each of its respective officers, members, employees, and agents from any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of the Platform and/or participation in any services, including: (i) your breach of these Terms or the documents incorporated by reference; (ii) your violation of any law or the rights of a third party, including independently contracted Professionals as a result of your own interaction(s) with such third party; and (iii) any allegation that any materials you submit to OTC or transmit through the Platform infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of a third party.


5.13 Governing Law, Jurisdiction, and Venue: 


The laws of the State of Utah shall govern these Terms, the construction of its terms, and the interpretation of the rights and duties of the parties hereto, as well as any claim that may arise between you and OTC, without regard to any conflict of law provisions, except for the Federal Arbitration Act as set forth in the Section entitled “Agreement to Arbitrate,” unless it is found not to be applicable.  You agree to submit to the personal jurisdiction and that venue for any issue not subject to arbitration shall be in the Circuit Court of the County of Wasatch, State of Utah. If any provision is or becomes invalid or non-binding, the Parties shall remain bound by all other provisions of these Terms and the documents incorporated by reference. In that event, the Parties shall replace the invalid or non-binding provision with provision(s) that are valid and binding, and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of the Terms.


5.14 Affiliate Marketing: 


To the extent you accessed OTC’s Platform by virtue of your actions on a third party’s website or application, with whom OTC has a business and/or affiliate relationship, you may be subject to such third party’s privacy policy in addition to the Privacy Policy referenced in Section 5.5 above, and your information (such as name, email, phone number, zip code, subject matter/nature of interest, and/or other information you submitted in conjunction with the preceding) will be shared with that third party.  Information regarding purchase activity may also be shared with such third party, and any such third party may only use such information received hereunder in accordance with its privacy policy (for which On Track Coaches is not responsible) or as otherwise agreed or consented to by you. 


5.15 Authority: 


By signing these Terms, you represent and warrant that (i) you are at least 18 years old and are otherwise capable of entering into binding contracts, and (ii) you have the right, authority, and capacity to enter into these Terms and to abide by them, and that you will so abide.