As used herein, the terms "we," "us" or "our" mean Austin MBA Review, LLC. "You" or "your" means any individual who is a registered attendee of any of our classes, including the Comprehensive GMAT Class, the GMAT Plus option, and the GMAT Elite option. The following terms and conditions constitute a binding Enrollment Agreement ("Agreement") between you and us. This Agreement goes into effect on the date that you enroll by paying the Enrollment Deposit of $250, and remains effective until terminated.
1. Program Costs:
(a) The full price payable by you to us for registering in our Comprehensive GMAT Class is $1490. The full price payable by you to us for registering in our GMAT Plus option is $1790. The full price payable by you to us for registering in our GMAT Elite option is $2350.
(b) The full price as stated in 1(a) is payable by you in two parts - the first part is a deposit of $250 due at the time you enroll online by paying a $250 Enrollment Deposit; the second part, equal to the full price for your selected option minus $250 minus any promotional discount offered by us, is due on or before the first day of the class you registered for.
2. Confirmation of Registration:
After receiving your online payment of $250 (Enrollment Deposit), we will send you an e-mail at the e-mail address provided by you to confirm your registration in the class you requested. Once we confirm your registration, the $250 deposit shall become non-refundable. Your online payment of $250 does not by itself guarantee acceptance or registration into our programs, and we reserve the right to not accept you into our program due to the class being full or for any other reason. In the event we cannot accept you into the class you requested, we shall promptly notify you and issue a refund of your $250 deposit.
3. You agree:
(a) that you will timely pay the full price of the program you register for as specified in Section 1;
(b) that the contents of our classroom instruction, class notes, our diagnostic test and practice tests, as well as any online material to which we give you access are and will forever remain the sole and exclusive property of Austin MBA Review, LLC, and you may use them solely for the purpose of your preparing for the GMAT;
(c) that you will treat as confidential the contents of our classroom instruction, our teaching techniques, class notes, our diagnostic test and practice tests, as well as any online material to which we give you access, and will not sell, distribute or disclose them to any other person or entity;
(d) that you will conduct yourself professionally and not engage in any discourteous or disruptive behavior in our classes.
4. Representation and Warranty:
Your enrollment in any of our programs is for the sole purpose of your preparing for the GMAT. You represent and warrant that you are not an agent or current employee or former employee of another test preparation company or entity.
5. We agree to:
(a) provide you all the sessions of the GMAT Class for which we confirmed your registration, and additionally eight (8) hours of 1-1 tutoring if you registered in our GMAT Elite option
(b) provide replacement session(s) if we need to reschedule any sessions due to reasons or factors beyond our control;
(c) make reasonable effort to accommodate you in concurrent sessions of another class (if available) if you miss a session or sessions of your class for reasons or factors beyond your control.
6. Refund Policy:
(a) the initial $250 deposit is non-refundable once we confirm via e-mail your registration in the class you requested;
(b) if you have paid the full program price in advance, you are entitled to receive a refund for the amount you paid minus $250, provided you notify us in writing of your intention to withdraw at least seven (7) calendar days before the first day of the class that you registered for.
7. Transfer Policy:
You may transfer, subject to availability of seats, to another Comprehensive GMAT Class offered by us, provided you request such transfer in writing at least five (5) calendar days prior to the earlier of the starting dates of the two classes. For example, if you were originally registered for a class with a start date of May 7, and wish to transfer to a class with a start date of May 3, then you must submit your transfer request no later than April 28.
8. Our Guarantee:
Provided that you are not in breach of this Agreement, you may re-take our classes and practice sessions free of charge within one year from the date we confirm your enrollment, in the event that you are not satisfied with your GMAT score.
9. Breach of Agreement:
You agree that should you fail to comply with any of your obligations as set forth in this Agreement, Austin MBA Review, LLC, may, at its sole discretion, terminate your attendance in our program and terminate our obligations to you under this Agreement. You understand that you may also be liable for Austin MBA Review, LLC's damages and its attorney fees and expenses resulting from your breach of any provision of this Agreement.
10. Upon Termination:
The provisions of the following sections shall survive and remain in force after the termination of this Agreement: 3(b), 3(c), 11.
In the event of a dispute arising under or relating in any way to this Agreement, you and we agree to attempt in good faith to resolve such dispute by looking to the terms of this Agreement. If a resolution cannot be reached by means of mutual discussion, you and we agree, for the purpose of resolving the dispute, to submit to binding arbitration in Travis County in the State of Texas under the then-current rules of the American Arbitration Association. Notwithstanding the above, Austin MBA Review, LLC, has the right to bring a suit in a court of competent jurisdiction against you for failure to comply with any of your confidentiality obligations under Section 3 of this Agreement.
In the event that a court of competent jurisdiction holds that a specific provision of this Agreement is invalid, such provision shall be severed from this Agreement. Such severance shall not affect the validity of the remaining portions of this Agreement.
13. Entire Agreement:
The above Agreement constitutes the entire agreement between you and us. You acknowledge that you have read and understood this Agreement. You accept and agree to the terms and conditions of this Agreement. You acknowledge that in doing so, you are not relying on any representation or guarantee outside of what is explicitly contained in this Agreement.
Last updated: July 31, 2013