Terms and Conditions

These legally binding terms and conditions govern the coaching services (“Services”) that InsideTrack, Inc. (“InsideTrack,” "We," or "Us") provides to you, including usage of MyInsideTrack.com, and any other electronic communications between you and InsideTrack.  By receiving the Services, you acknowledge and agree to these terms and conditions (“Terms”).

  1. COACHING SERVICES. InsideTrack will provide the Services to you (a) according to the terms of your school's service contract with InsideTrack (if you are receiving Services through your school), or (b) for as long as the fees on your account remain current (if you are receiving Services as an individual customer). During the term of the Services, you will have access to an InsideTrack coach (“Coach”) for consultations on academic performance, time management, goal-setting, and other related topics. Consultations will be held by phone, electronically, or in person, at approximately the frequency defined in your or your school's Election Materials. You, your school (if applicable), and InsideTrack acknowledge that the number of monthly meetings described in the Election Materials is a target, and that you and your Coach may arrange more or fewer meetings based on your individual schedule and your Coach's assessment of your needs. Consultations held by phone may be recorded by InsideTrack for quality assurance purposes and for internal training.
  2. FEES. Any fees due from you for the Services provided by InsideTrack will be (a) billed to you through your school, or (b) paid by credit card though InsideTrack’s secure payment website by an individual. If paid by credit card, you will generally be billed monthly, in advance, for recurring fees. Payment by credit card to pay for the Services is governed by the card issuer agreement for that card, and you must refer to that agreement for your rights and liabilities as a cardholder. If InsideTrack does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand. We reserve the right to suspend or terminate the Services if you fail to pay any fees when due.
  3. PERSONAL INFORMATION. From time to time in the course of performing the Services, InsideTrack may require access to certain of your personal information, including but not limited to enrollment, registration, recorded call information, and survey information. We may receive personal information about you from other sources like telephone or fax, or from third parties. If you participate in the Services through your school, college, or other educational institution ("School"), your School may provide us with additional personal information about you, so that we will be able to provide the Services to you. We may add any information that we receive from other sources to the information we have already collected from you via our Services. Some features of the Services may be offered in conjunction with a partner company. In order to provide these features, it may be necessary for either you or us to share your Personal Information with this company. If you do not want your information to be shared, you can choose not to allow the transfer by not using that particular feature and we will inform you about the intended transfer before you use such feature. If you elect a specific person to share your progress towards achieving a specific goal with (“Champion:”), the Champion will have access to the specific information you selected to share with this Champion. If you participate in the Services directly, not through a School, InsideTrack may provide general updates about meeting frequency and themes covered with you during the Services with your parents or guardians and/or with the individual(s) who paid for the Services. InsideTrack also collects all other information that you provide to the Services in the course of using the MyInsideTrack service or receiving the coaching services, such as calendar events, action items, personal goals and self-evaluations, and any other personal information you may provide. Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control ("Affiliates"), we may in the future. We may share some or all of your personal information with these Affiliates, in which case we will require our Affiliates to honor these Terms. In the event InsideTrack goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personal information will likely be among the assets transferred. You acknowledge that such transfers may occur, and that any acquirer of InsideTrack or its assets may continue to use your personal information as set forth in these Terms. You hereby consent to InsideTrack sharing your personal information under the above circumstances. InsideTrack will only use or disclose your personally-identifiable information to third parties in compliance with applicable regulations, these Terms, or as described in our Website Privacy Policy.
  4. TERMINATION. Unless otherwise agreed by InsideTrack and you, the term of the Services will continue until (a) you elect to discontinue by the cancellation date described in the InsideTrack materials provided to you upon your election to participate in the Services (the "Election Materials"); or (b) the termination of InsideTrack's obligation to provide the Services to you under InsideTrack's agreement with your School. Your discontinuation of the Services will not entitle you to a refund of any fees paid before the effective date of termination unless otherwise described in the Election Materials. In addition, InsideTrack may terminate the Services (i) immediately if you breach any of these terms and conditions (including by failing to pay the applicable fees), (ii) immediately upon the termination or expiration of the agreement with your School pursuant to which InsideTrack has been engaged to provide the Services to you (if you are receiving the Services through your school); or (iii) upon 30 days' notice to you for any other reason.
  5. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. Unless InsideTrack informs you otherwise, InsideTrack and its suppliers retain exclusive ownership of all materials that are supplied to you in connection with the Services. There are no implied licenses granted under these terms, and all rights not expressly granted to you are reserved by InsideTrack.
  6. PERMITTED USE OF WEBSITE. You agree that you are only authorized to visit, view, and retain a copy of pages of InsideTrack’s websites (“Site”) for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms.
  7. MY INSIDETRACK ACCOUNT. If you register for a MyInsideTrack account, you will be allowed to save and personalize MyInsideTrack content. By having a MyInsideTrack account, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, InsideTrack may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, edited documents) or take any other action that InsideTrack believes is appropriate.
  8. DISCLAIMERS. You understand that you are solely responsible for any decisions you make based on advice from your Coach or any other employee or agent of InsideTrack, and InsideTrack shall have no liability or responsibility for any acts or omissions arising in connection with such advice. InsideTrack makes no representations, warranties, or guarantees as to the results or consequences arising from or relating to the Services, or as to any advice or counsel received from your Coach. You understand and agree that the Services do not constitute (and are not a substitute for) psychological, legal, financial, or medical counseling, or any type of therapy. In the event that you require professional advice, counseling, or therapy, it is your responsibility to seek the assistance of a licensed professional.
    INSIDETRACK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ALLEGED TO ARISE AS A RESULT OF CUSTOM AND USAGE. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND INSIDETRACK WILL HAVE NO LIABILITY WITH RESPECT TO THE QUALITY OR SUFFICIENCY OF THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INSIDETRACK MAKES NO REPRESENTATIONS REGARDING ANY LEVEL OF ACADEMIC, PERSONAL, OR PROFESSIONAL ACHIEVEMENT THAT MAY RESULT FROM THE SERVICES, AND WILL NOT BE LIABLE FOR ANY FAILURE OF THE SERVICES TO MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE ANY IMPLIED WARRANTIES SHALL BE LIMITED TO THE MINIMUM SCOPE AND PERIOD PERMITTED BY LAW.
  9. LIMITATION OF LIABILITY. IN NO EVENT WILL INSIDETRACK BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS AND CONDITIONS, EVEN IF INSIDETRACK KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. INSIDETRACK'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID TO INSIDETRACK FOR PROVIDING THE SERVICES TO YOU. YOU ACKNOWLEDGE THAT THESE TERMS REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS, AND THAT THIS ALLOCATION OF RISK REPRESENTS THE BASIS OF THE BARGAIN BETWEEN YOU AND INSIDETRACK. THE PARTIES AGREE THAT THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
  10. INDEMNIFICATION. You agree to indemnify and hold InsideTrack harmless from and against any liabilities, losses, damages, costs and expenses incurred by InsideTrack arising from or related to your use of the Service or your breach of these terms and conditions.
  11. GENERAL. This Agreement shall be governed by the laws of the State of California, without giving effect to any conflicts of laws principles that would require the application of the law of a different jurisdiction. InsideTrack may assign this Agreement to (a) its parent, subsidiary, or other Affiliates; (b) an acquirer of all or substantially all of its assets; or (c) a successor by merger. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement shall not be affected. The failure of either party at any time to enforce any of its rights under this Agreement will in no way be construed to be a waiver of such rights, or to affect the validity of these terms. This Agreement constitutes the complete and exclusive statement of the agreement of the parties with respect to the Services and supersedes all prior oral and written proposals, representations, marketing brochures, or other communication related to either of these things.
  12. If you are under the age of 18 when you began receiving the Services or when you accepted these Terms, you agree that your parent or legal guardian has accepted these terms on your behalf (including making payments if applicable) and that, if you continue to receive the Services on and after your 18th birthday, you have agreed to these Terms on your own behalf.