Terms and Conditions
You must read these Terms and Conditions carefully and you should not agree to these Terms and Conditions unless you fully understand and accept each one. These Terms and Conditions are entered into by and between Hills Learning, and you, whether you are a student or a teacher. By using the services or the website of Hills Learning, you acknowledge agreement with such Terms and Conditions.
REFUND AND MISSED CLASS POLICY (Group Lessons)
All students get 24 hours after the first class to get a full refund for the class. After 24 hours, no refunds will be offered.
No credit will be given for missed classes. Once classes have begun, students are expected to attend all classes.
Cancellation Policy for Private Lessons
Classes must be cancelled at least 24 hours in advance. The only exception is a medical emergency. Students will be charged for the class if it is cancelled within 24 hours. All cancellations must be done through an @hillslearning.com email and done on a business day (Mon-Fri, excluding holidays) within the 9am to 6pm timeframe.
If classes have been reserved at the center and paid for upfront, all cancellations of these classes will result in a 10% charge. Once classes have begun no refunds will be honored.
Missed Classes (Private Lessons)
A missed class is defined by either a teacher or student being over 15 minutes late to class. Please note that it is both the responsibility of the student and the teacher to arrive to class 10 minutes early, so in retrospect this is actually 25 minutes late.
If a teacher misses a class, the student gets the next lesson free with that teacher. The student must report via email or phone any missed classes by teachers within 48 hours of the lesson to receive any discounted classes.
If a student misses a class, they will be charged full price for that class. The only exception is a medical emergency.
TARDINESS AND MISSED CLASS POLICY (Private Lessons)
Tardiness and Policy
Our policy is that for every scheduled class, teachers and students should plan on arriving 10 minutes early. This gives enough time to find a place to sit, purchase necessary food / drink, and get ready for the lesson.
Any tardiness should be reported to Hills Learning in our feedback forms, or direct email / phone communication.
If a teacher arrives at the exact point the lesson begins, they must be ready to teach. If the teacher arrives but is not ready, the ending point of the lesson will be however long it takes the teacher to get ready, up to 15 minutes. If a teacher is over 15 minutes late, the student can consider the class missed (see missed classes).
If a student is late to class, they must notify the teacher. If the teacher does not hear from the student after 15 minutes, the class will be considered missed.
If a student is late but notifies the teacher, it is at the teacher’s discretion to continue the lesson or not. Please note that after 15 minutes this class is considered “missed”, and the student technically has no right to get a refund, unless in medical emergencies.
STATUE OF LIMITATIONS ON ALL PURCHASES
There will be no credit or refunds given back to students who have purchased classes after a 6 month period of non-use.
Meetings with Students Outside of Class
Students and teachers are allowed to meet for the specified times and dates for classes. Anything outside of regularly scheduled classes needs prior approval of an administrator at Hills Learning.
Hills Learning acts as an Intermediary for payments
Teachers have been introduced to their students through Hills Learning, and it is Hills Learning’s responsibility to manage the payments of teachers and students. Under no circumstances should teachers accept payments from students directly.
Hills Learning’s exclusive right to students
Hills Learning has considerable investment in marketing, promotional materials, sales, client services, etc. and reserves the rights for all students obtained through this process.
Students agree to not solicit or pay Hills Learning teachers directly during the period from the time that a student learns of such teacher through Hills Learning through the date one year following termination of any teaching arrangement with a Hills Learning teacher, or to cause any other person to so solicit or pay a Hills Learning teacher independent of Hills Learning.
Teachers agree not to solicit or teach students independent of Hills Learning for their entire period of being contracted, and for a one year period after being contracted by Hills Learning. A break in this agreement will be understood as the purchase of a “student buy-out” on behalf of the teacher. Each student buy-out will cost the teacher $1,000.00, which shall be due and payable to Hills Learning immediately.
Hills Learning and its affiliate partners protect your privacy. Your contact information, credit card info, and personal address constitute your “personal information”. None of your Personal Information will be given out to a third party of our existing services (other than exchanges of student information with teachers and teacher information with students) without your consent, unless in extenuating circumstances, such as criminal or other investigations requested by government agencies or as otherwise required by law or judicial process.
Hills Learning does not claim any responsibility for the maintenance, validity or content of websites that are linked to by our website. These are purely suggestions by our company of other websites that might be of interest to our viewers.
SPECIFIC RESPONSIBILITIES of TEACHERS as INDEPENDENT CONTRACTORS
Teachers ultimately are responsible for when and where they teach students.
Teachers provide their own teaching supplies, equipment, notebooks, etc.
Teachers are responsible for their own curriculum
Teachers are responsible for their transportation costs
Teachers are allowed to be hired by any other contractors or employers. However they cannot take on any students provided by Hills Learning as their own (see Hills Learning’s exclusive right to students)
Teachers are not entitled to employment benefits, such as worker’s compensation, withholding, social security, or any other monetary benefits given to employees.
DISCLAIMER AND LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES OF HILLS LEARNING (WHETHER AS A TEACHER, A STUDENT OR OTHERWISE) AND OF ITS WEBSITES IS AT YOUR OWN RISK. NEITHER HILLS LEARNING NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, OWNERS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, OUR SERVICE AND WEBSITE AND THE INFORMATION AVAILABLE ON OUR SERVICE AND WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE THROUGH OUR SERVICE AND WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST HILLS LEARNING, AND ITS SUBSIDIARIES, DIVISIONS, OWNERS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF OUR SERVICE AND WEBSITE AND THE INFORMATION AVAILABLE THEREON. HILLS LEARNING DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, ASSURANCES OR REPRESENTATIONS TO TEACHERS OR STUDENTS. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION (INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT) IS EXPRESSLY EXCLUDED AND DISCLAIMED. THE TOTAL AGGREGATE LIABILITY OF HILLS LEARNING, INCLUDING ITS SUBSIDIARIES, DIVISIONS, OWNERS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS TO TEACHERS AND STUDENTS SHALL BE LIMITED TO THE AMOUNT PAID BY A STUDENT OR OWING TO A TEACHER, AS THE CASE MAY BE.
LAWFUL USE OF WEBSITE + SERVICES
All users of Hills Learning and its services (including teachers, students and others) are prohibited from acting in an unlawful, harassing or obstructive way. We reserve the right to prosecute to the fullest extent of the law and discontinue any services being offered from Hills Learning for users who exhibit abusive behavior. You agree to indemnify and hold Hills Learning and its subsidiaries, divisions, owners, affiliates, agents and representatives and harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your abusive behavior.
Examples of abusive behavior include but are not limited to:
- being patently offensive and promoting racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harassing or advocating harassment of another person;
- exploiting people in a sexual or violent manner;
- using any resources or any postings that contain nudity, violence, or offensive subject matter, or contain a link to an adult website;
- promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- invading another one’s privacy, or acting in other ways which are objectionable
Hills Learning reserves the right to terminate the use of its services for a specific user at any time, even in absence of a specific business or legal reason. In such event, Hills Learning will not be liable to users of its services.
WEBSITE “AS IS”
The website of Hills Learning is provided “as is” and “with all faults” and in no way does Hills Learning guarantee the accuracy of information the website provides. We therefore have no guarantee or warranty on information provided. You assume all risk for damages (including computer viruses) to your computer or for loss or destruction of data that arises from the use of this website.
CONSENT OF POSTING PUBLIC INFORMATION
If teachers are contracted by Hills Learning they give consent to their biographical information and likeness being posted publically on our website. Teachers are responsible for the accuracy and content of all information, and any information proving to be false, inaccurate, obscene, pornographic, violent racist, harmful, infringing or otherwise objectionable could result in termination of this contract. Hills Learning reserves the right to copy, edit, and distribute such information for marketing and other commercial reasons on an unrestricted basis and you shall be deemed to have given Hills Learning an irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce and distribute such information. You agree to indemnify and hold Hills Learning and its subsidiaries, divisions, owners, affiliates, agents and representatives and harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your information.
Students also give consent to Hills Learning to post any opinions they have of our services on our website.
COPYRIGHT / TRADEMARK / SERVICEMARK
The materials used and displayed by Hills Learning and its sites, including but not limited to text, software, photographs, graphics, designs, trade dress, illustrations and artwork, video, music and sound, and names, brands, logos, trademarks and service marks, are the property of Hills Learning or its affiliates or licensors and are protected by copyright, trademark and other laws. You agree not to use, modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Hills Learning or the appropriate affiliate. Nothing in these Terms and Conditions shall be construed as conferring any license to you to use intellectual property rights, whether by estoppel, implication or otherwise.
AGREEMENT; GOVERNING LAW; EQUITABLE RELIEF
This document shall constitute an agreement among Jon Hills, the owner of Hills Learning, and each student or teacher who uses the services of Hills Learning and/or its website. Such agreement shall be governed by the laws of the State of New York and the parties agree that the only proper venue for resolution of disputes concerning its interpretation will be in the state and federal courts of competent jurisdiction located in the City of New York, State of New York. The breach of any of these Terms and Conditions may result in irreparable harm to Hills Learning for which monetary damages would not be an adequate remedy. Therefore, in addition to any other rights and remedies otherwise available to it, Hills Learning shall be entitled to equitable relief, including injunctive relief, in the event of such a breach, without the necessity of proving irreparable harm or that monetary damages would be an insufficient remedy and without the necessity of posting a bond or other security.
This Agreement (1) does not create any agency or partnership relationship; (2) may be amended or modified at any time by Hills Learning by posting the amended Terms and Conditions on its website but may be amended or modified by a user of the website or services of Hills Learning only with the written consent of Hills Learning; (3) is the parties’ complete and final agreement; and (4) supersedes all oral or implied agreements concerning these services and obligations of Hills Learning, including any prior versions of these Terms and Conditions. If this Agreement is executed in writing (as opposed to electronically), it may be signed in duplicate original, or in separate counterparts, which are effective as if the parties signed a single original. A facsimile of an original signature transmitted to the other party is effective as if the original was sent to the other party. No failure or delay in enforcing these Terms and Conditions or in the exercise of any right hereunder shall impair such right or be construed to be waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or any other right. You may not assign or transfer your rights or obligations hereunder. The invalidity of any portion hereof shall not affect the validity, force or effect of the remaining portions hereof. If it is ever held that any restriction hereunder is too broad to permit enforcement of such restriction to its fullest extent, such restriction shall be enforced to the maximum extent permitted by law.