Terms

Conduct and Fraud

Updated August 2, 2022

You may only use the Sites (masterofchemistry.com and any related sites) and use the Company Content (lexicon, videos, homework, and any other related material) and the Services (lessons, interview preparation, and related services) for lawful purposes. You are solely accountable for adherence to and knowledge of and any and all laws, rules, and regulations pertaining to your use of the Sites and Services. You agree that you will have your student treat the tutor with respect and not discuss matters other than those related to the academic subject being studied. You agree the student will try his or her hardest to learn the material as best they can. You shall not distribute through, upload to, or otherwise publish through the Sites or the Services any content that you do not have the right to use or that is illegal, pornographic, libelous, threatening, defamatory, obscene, invasive of privacy or publicity rights, abusive, otherwise objectionable, or that could encourage any of these actions or a criminal offense, violate the rights of any party, or otherwise create liability or break any law. You agree that you won’t in any way: (i) impede the ability of others to use the Sites or Services or otherwise act in a manner that negatively affects other users’ ability to use the Sites or the Services; (ii) use these Sites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any computer virus, spyware, worm, Trojan horse, rootkit,  keystroke logger, or other malicious computer software.; (iii) disrupt the normal flow of communication or otherwise ; (iii) claim a relationship with or to speak for any person, individual, organization, business, association, other institution for which you are not authorized to claim such a relationship; or (iv) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any procedures, requirements, regulations, or policies of  networks connected to the Services.

You acknowledge that we may screen User Content (comments, videos, blogs, and any related content created by a user). You acknowledge and agree that we have the right (but not the obligation) to remove any User Content, including ending tutoring sessions at our sole discretion without prior notification. We have the right to remove any User Content that violates these Terms or is otherwise objectionable. You acknowledge and agree that we may save User Content and may share it if required to do so by law to comply with legal process, enforce these Terms, respond to claims that any User Content violates the rights of third parties or protect our rights, personal safety, or property of that of our users and the public.

Limitations of Liability & Disclaimer

The Sites, Services, tutors, User Content, and each portion thereof are provided “as is” without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable law, we disclaim all warranties, express or implied, with respect to the Site, the Services, User Content and each portion thereof, including, but not limited to, implied warranties of merchant ability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the company content, Sites, tutors, Services, each portion thereof, or any third party sites.

Including, but not limited to, negligence, under no circumstances shall we or third parties be liable for any direct, indirect, incidental, special, or consequential damages, including, but not limited to, loss of profit or data, arising out of the use, or the inability to access, the Company Content, the Sites, the Services or any portion thereof, even if we or our authorized representative has been advised of the possibility of such damages. If your use of the the Services, Sites, the Company Content, or any portion thereof results in the need for repair, servicing, or correction of equipment or date, you assume any costs. There is no warranty that access to the site will be error free or uninterrupted. Additionally, there is no warranty that the information on the site will be complete,accurate, and/or reliable. We do not provide any warranty that the site will be free of any virus, trojan horse, worm, or other harmful software code. We hereby disclaim any and all implied warranties in connection with the Sites, including, without limitation, any implied warranty of merchant ability, or fitness for a particular purpose. You agree not to hold us (or our agents, employees, or tutors) liable for any advice, instruction, or services delivered which originated through the Sites, through any verification service, or in connection with the Company Content, the Services, or any portion thereof.

Indemnification

On behalf of behalf of you, your heirs, and any personal representatives, you agree to indemnify, defend and hold harmless us, and our officers, employees, affiliates, licensors, agents, partners, representatives and/or third party providers (including our affiliates’ respective officers, employees, affiliates, licensors, agents, partners, representatives and/or third party providers), from and against all losses, expenses,  damages, costs, demands, and claims, including reasonable attorney’s fees and related costs and expenses, due to or arising out of any User Content you submit or otherwise send to us or through the your use of the Services, Sites, Services, tutors, Company Content or any portion thereof, your connection to the Services, or your breach of these Terms, including anything related to traveling to meet a tutor or student or contracting any disease, sickness, bug, or parasite from any in person tutor. You agree to indemnify us from any actions that he takes that may cause any harm or is illegal. We reserve the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

Covid Indemnification for In Person Lessons

You acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. You further acknowledge that MasterofChemistry can not guarantee that you will not become infected with the Coronavirus/Covid-19. You understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to staff, other clients, and their families.
You voluntarily seek services provided by MasterofChemistry and acknowledge that you am increasing your risk to exposure to the Coronavirus/COVID-19 and other diseases by requesting in person lessons. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment like wearing a mask before and after the lesson starts or by having lessons outdoors when possible.
Before an in person lessons, you attest that:
you are not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
you have not traveled internationally within the last 14 days.
you have not traveled to a highly impacted area within the United States of America in the last 14 days.
you do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
you have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
you are following all CDC recommended guidelines as much as possible and limiting your exposure to the Coronavirus/COVID-19.
You release and agree to hold MasterofChemistry harmless from, and waive on behalf of yourself, your heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the company, or that may otherwise arise in any way in connection with any Services or other connections received from MasterofChemistry. You understand that this release discharges MasterofChemistry from any liability or claim that you, your heirs, or any personal representatives may have against the Company with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from MasterofChemistry. This liability waiver and release extends to the salon together with all owners, partners, and employees.

Trademark Notice

The trademarks, logos, names, and service marks ( “Trademarks”) displayed on these Sites are registered and unregistered trademarks of the MasterofChemistry and John Zaborskis. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written consent of the website owner. The written content, videos, and some pictures displayed on this website are owned by their respective authors and may not be reproduced in part, or in while, without the express written consent from the author.

Copyrights

We respect the intellectual property of others, and we ask our users to do the same. If you believe that our or your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please email tutor@masterofchemistry.com the following information:

a. a signature of the person authorized to act on behalf of the owner of the copyright or other ip interest;
b. a description of the copyrighted work or other ip that you claim has been infringed; c. a description of where the material that you claim is infringing is located on the Site;
d. your address, telephone number, and email address;
e. a 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;
and f. a statement by you, made under penalty of perjury, that the above information in your notice to us is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Modifications to the Service

We reserve the right to revise the Terms in this document at any time. Your continued use of our site constitutes agreement to any revision of the terms and conditions of this Agreement.

Termination

At our sole discretion, we reserve the right to cancel, suspend, modify, add, or delete all of any portion of these Terms by providing you with notice of such termination, which shall be effective immediately upon delivery of such notice. We may end these Terms immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Sites from time to time. Additionally, we may end these Terms without notice to you by eliminating your rights to use the Sites or the Services for any reason or no reason. In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties, limitations of liability, and Conduct and Fraud, the provisions of this section which, by their nature apply after termination, and the General provisions below. All licenses granted under these Terms end immediately upon your last tutoring session. You agree that upon the termination of these Terms, we may delete all information related to you on the Services and may bar your access to the Sites and use of the Services. Upon the end of these Terms, you will immediately destroy any downloaded or printed Company Content like the lexicon, any homework assignments, or any quizzes or tests.

General

These Terms and any policies applicable to you posted on the Sites constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensees, licensors, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

Governing Law

These Terms shall be governed in all respects by the laws of the United States of America and by the laws of the State of New York. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in New York, as applicable, for any matter arising out of or relating to this Agreement.

You agree to resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms of Use exclusively in a state or federal court located in New York City.

High School Admissions, SAT, and Group Tutoring Program Terms and Conditions

Initial payment will be refunded upon request if the student does not have a lesson nor a practice test.

We generally keep all groups small (4-8 students) so when someone is absent, we need to expect payment. As such, unless you email us otherwise, we will charge your credit card that you used to sign up every two weeks for two lessons starting on the student’s second scheduled lesson. Automatic payment for High School Admissions will be made on the second lesson for two lessons every two lessons (on the second lesson for the second and third, on the fourth lesson for the fourth and fifth, etc) unless otherwise stated. Program can be canceled after any two week period but is not cancellable after September 1 of the student’s 8th grade. After September 1, payment must be made for all classes until the SHSAT (late October) or the TACHS (early November), whichever test is later for the student.

Instead of the automatic payment by credit card, payment can also be made via Venmo, Zelle, Google Pay, or PayPal for all lessons for the first of the month. If all lessons are not paid by the first of the month and automatic payment is not active, practice exams will be normal price and not free.

A free first practice exam or lesson is given to new High School Admissions students. The one that is free is whichever is a lower price. The student must purchase either a practice exam or the ‘Reserve your spot here” courses to receive the free practice exam or lesson.

Initial free practice test or lesson assumes the student starts an automated payment immediately after their first test. As a courtesy, we are counting that test as free as part of your automated payment retroactively. If the student does not start lessons within 7 days of our scheduled practice test, the test is not free.

Students may request a video of the lesson if they are absent.

We will automatically sign your student up for all relevant practice tests for free.  If payments are not up to date and the student takes a practice test, we will charge 50 for the practice test, otherwise it is free.

Students who stop the High School Admission Program and rejoin after May may no longer have previous discounts applied to new lessons.

Payment must be made for all group classes unless canceled 24 hours before the lesson.

If automatic payment fails for any reason, you agree to pay for any lessons which failed and any future ones.

Prior results to not guarantee future outcomes. Out students have done exceptionally well and we try to constantly improve the program for the next students. We cannot guarantee acceptance, entrance, or scholarship to any high school, program, or other educational institution or that a student will pass a test or achieve a certain score.

You may not distribute, modify, or use in any way the materials, videos, lexicon, assigned homework, or any other portion of the course or from any tutor of the Company outside of the Company. They cannot be shared with any other students or organizations. You may only purchase services for your student for your student’s enrichment.

Referral Program Terms and Conditions

Last Updated: August 2, 2022

We (“MasterofChemistry”, “MasterofChemistry.com”, “MOC”, “we”, “us”, or “our”) believe we have the best High School Admissions course in the world and offer our past students (“Referrer”, “advocate”, “your”, “you”) a Reward (defined below) for referring New Families (defined below).

By participating in this Program, you agree to the following terms and conditions, the MasterofChemistry Privacy Policy (available at https://www.masterofchemistry.com/privacy-policy/), and any other offer terms set forth when deciding to participate in the Referral Program.

The reward amount is $50.00 for each Qualified Referral of a New Family (“Reward”). The number of New Families you can refer during the Program has no limit. If two or more Referrers invite the same New Family, MasterofChemistry will credit the Reward to the first Referee that the New Family used to register. The Reward will be deposited into your PayPal account at least two (2) business days after the end of the Program and no later than 100 days after successful purchase by New Family.

Participation

This Program allows you to invite New Families to sign up for High School Admissions lessons. You will earn a Reward (defined below) when New Families sign up and make an eligible purchase (defined below). To participate in the Program, you should visit https://www.masterofchemistry.com/refer (“Webpage”) and follow the instructions. To be “eligible” for the Program and qualify for the Rewards, you must be a legal resident of the United States of America and at least 18 years old; and you must have a PayPal account in which to receive funds.

Qualified Referrals

“Qualified Referral” means that ALL of the following conditions are met:

  • You must have received an invitation from us to participate in the Program (which you can freely publish or distribute to New Families as needed);
  • You must provide your email to receive payments;
  • “New Family” (“New Families”, “Referee(s)”) is (are) defined as a family without any persons who have a brother, sister, step-brother, or step-sister who was a previous student of MasterofChemistry, High School Admissions, or John Zaborskis before the referral and is not in the family (as previously defined) of any tutor, teacher, or anyone who works at MOC. Cousins are acceptable.
  • New Families must use your link in a browser (apps may cause issues) to make their first payment of at least $50.00 before the Referral Program has ended;
  • New Families must register as a new High School Admissions customer for lessons or a practice test or a course for a 1st grader through and including 7th grader, including having their own unique contact and account information
  • SAT students or student who are not joining High School Admissions lessons will not count as Qualified Referrals and we are not obligated to pay you for referring these students, however, we will do our best to compensate Referrers of all students in some way. This is not guaranteed and will be on a lower scale than High School Admissions students;

Restrictions

Payments canceled, refunded, or charged-back by the New Family, Referrer, or MasterofChemistry during the Program are not Qualified Referrals.

Rewards are subject to verification. We may delay a Reward for the purposes of investigation. In our sole discretion, we may also refuse to verify and process any referral that we deem to be fraudulent, suspicious, abusive; will undermine the fairness, integrity or legitimate operation of the Referral Program in any way, or to be in violation of these Terms. Referrers cannot refer themselves or try to abuse the program in any way. Abuse will result in forfeiture of any Rewards. All decisions, including whether a Qualified Referral or Reward is verified, are final. You cannot transfer this offer to another person or organization without our approval. You cannot publish or distribute MasterofChemistry’s invitation to participate in this Referral Program to other persons or organizations without our approval. If you do so, MasterofChemistry reserves the right to disqualify you from participation and void any Qualified Referrals during the Referral Program.

Referrers must respect the spirit of the Referral Program by only referring real individuals who meet the requirements of these Terms.

Privacy

Referrers may participate in the Program made available by MasterofChemistry in order to refer New Families to MasterofChemistry as potential new MasterofChemistry customers. To do this, Referrers must necessarily submit personal information about themselves, so that MasterofChemistry can send communications to Referrers’. The personal information will be collected, processed and used in accordance with MasterofChemistry’s Privacy Policy, which can be found at https://www.MasterofChemistry.com/privacy-policy/. The personal information may also be used by MasterofChemistry to contact Referrers with regards to their participation in the Program and to send to Referrers additional communications from MasterofChemistry.

Termination and Cancellation

At our sole discretion, we reserve the right to cancel, suspend, modify, add, or delete all of any portion of these Terms, benefits, or payments of the Referral Program should MasterofChemistry determine that the administration, security, or fairness of the Referral Program has been compromised in any way at any time, with or without notice. If the Program is terminated or the Referrer’s account is closed, any remaining earned Referral fees will be forfeited. You are deemed to be aware of and bound by such changes by your continued access to or participation in the Program. We will indicate that changes have been made by updating the “Last Updated” date located at the beginning of these Terms. Your continued use of our Sites or the Referral Program constitutes agreement to any revision of the terms and conditions of this Agreement.

We reserve the right to disqualify you from participation in the Referral Program at any time at our sole discretion, including without limitation if you do not comply with any of these Terms or otherwise fail to comply with applicable law.