Terms of Service

Welcome to www.ClickandClimb.com (the “Site”) - The contents and services of the Site are provided by Click and Climb, Inc. of Boston, MA (referred to herein as “ClickandClimb”, “we,” “us,” or “our”) subject to the following terms and conditions:


1.Consent Required. PLEASE CAREFULLY READ THESE LEGAL TERMS AND CONDITIONS, WHICH CONSTITUTE A BINDING AGREEMENT (the “Agreement”), BETWEEN YOU AND US BEFORE USING THIS SITE OR THE SERVICES OFFERED HEREIN. Your consent to these terms, by checking the “I AGREE” check box below or executing a paper copy of this Agreement, is a pre-condition to accessing the services we offer on this Site. Following your initial agreement to the terms set forth in this Agreement, your continued use of such services shall constitute your consent to be bound by the terms of this Agreement as they may be revised from time to time. By agreeing to the terms in this Agreement, you are deemed to have represented and warranted to us that you have attained the age of majority under the laws of the jurisdiction in which you reside.

2.Description of Services. Through this Site, we provide to users (the “Students”) tutoring services, which include the teaching of basic concepts and problem solving skills in the subjects set forth on the Site (the “Services”). The Services will be provided to the Students in Live, one-on-one sessions (the “Sessions”) conducted by tutors (the “Tutors”) selected by us in our sole discretion. The Sessions will occur via connections through this Site and real-time communications between the Tutor and the Student. The Sessions shall occur only during those hours and days as agreed upon by the parents of the Students (the “Parents”) and our management.

3.Scheduling of Sessions. The Parents or the Students shall schedule the Sessions such that the Student has no less than the minimum hours as agreed upon by You and us prior to beginning the Sessions. You can reschedule a session as per the conditions set forth in the Session Cancellation/Rescheduling Policy below.

4. Term of Services. You agree that Services shall be for the term as set forth per the plan that you purchase from the Site.

5. Fees. The fees applicable to the Services and payable to Click and Climb shall be as set forth per the plan purchased from our Site along with any additional discounts that may be applied. The fees for the Services are payable in advance in United States currency. Click and Climb reserves the right to adjust the rate for its services from time to time.

6. Payment of Fees. All credit card payments to Click and Climb relating to the use of the Services by you, the Student, or any third party shall be via a third party service provider selected by us. We do not store credit card information of any customer.

7. Limited License to Use Software. Subject to the terms of this Agreement, Click and Climb hereby grants the Student (and only the Student) a limited, personal, non-sub licensable, non-transferable, royalty-free, nonexclusive license to use, solely in connection with the Services, the software you download form our Site or other electronic format (the “Software’) only in accordance with any documentation that accompanies it Neither you nor the Student may, directly or indirectly, copy, distribute, rent, lease, timeshare, operate a service bureau with, use commercially or for the benefit of a third party, reverse engineer, disassemble, decompile, attempt to discover the source code or structure, sequence and organization of, or remove any proprietary notices from, the Software. As between the parties, title, ownership rights, and intellectual property sights in and to the Software, and any copies or portions there of, shall remain in Click and Climb and its suppliers or licensors. The Software is protected by the copyright laws of the United States and international copyright treaties. This Agreement does not give you any rights not expressly granted herein. This Agreement does not entitle you to any support, upgrades, patches, enhancements, or fixes for the Software. Any such support for the Software that may be made available by us shall become part of the Software and subject to this Agreement.

8. Third Party Software. Click and Climb uses certain licensed third party software (the “Third Party Software”) to effectively provide Services. We do not control/guarantee any changes/upgrades to any third party software. Refer to the Terms of Services of each of the third party software. We do not hold any responsibility for the Third Party Software in any which way or for any damage that the Third Party Software may cause to your computer.

9. Third party equipment. In order to use the Services, you may need to purchase additional equipment (the “Equipment”). We provide recommendations regarding the make of the Equipment and where the Equipment may be purchased from. This however is in no way a requirement. You can purchase the Equipment from any place you prefer. We do not hold any responsibility for the Equipment in any which way or for the damage that it may cause to your computer.

10. Limitation of Liability. Under no circumstances, including, but not limited to negligence, shall Click and Climb, its subsidiaries or affiliated companies or licensors or their directors and officers, be liable for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of results, computer failure or malfunction, that result from the use of; or the inability to use, the Software and/or the Equipment, even If Click and Climb has been advised of the possibility of such.

In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the amount paid by you, if any, for using the Software.

11. Indemnification. To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Click and Climb, its affiliates and related companies, and any of their respective directors, officers, employees, consultants and agents, from and against all claims, liability, and expenses, including all legal fees and costs, arising Out of either (a) your breach of any provision of this Agreement or (b) use of the Equipment or the Software by you, the Student, or any third party. We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any action, claim or matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.

12. Severability. If any provision of this Agreement shall be found to be unlawful, void and unenforceable, then such provision shall be deemed severable from this Agreement and will not affect the validity and enforceability of the remaining provisions of this Agreement.

13. Amendments. Click and Climb reserves the right to modify this Agreement at any time. You should review the Agreement as posted on this Site on a regular basis. Continued use of the Services by you or the Student following amendments to this Agreement shall constitute your acceptance of such amendments.

14. Termination. This Agreement is effective until it is terminated by Click and Climb or by you. You may terminate this Agreement pursuant to the terms set forth in the Session Cancellation/Rescheduling Policy below by contacting our customer support by e-mail or phone. This Agreement will terminate immediately without notice from us if we, in our sole discretion, decide to terminate it, in which case any fees paid by you in advance for any unused Sessions shall be refunded to you within a reasonable time after such termination. Upon termination of this Agreement, for any reason whatsoever, you shall destroy or remove from all computers, networks, and storage media all copies of the Software.

15. Session Cancellation/Rescheduling Policy. We will consider the sessions non billable only if the scheduled sessions are cancelled with a 2 weeks notice by you. We will make every effort to reschedule the session but cannot guarantee the same time or Tutor. If you cancel a session without a 2 week notice, you will only be allowed to reschedule 1 session per month. If you cancel more than 1 session in a month without a 2 weeks notice, those sessions will not be rescheduled and will be considered billable. If we cancel a session due to any reason, you will be given a make-up session free of charge. You can request to cancel a session by contacting us by email or phone.

16. Refund Policy. Click and Climb offers a 60 day money back guarantee if we are unable to show improvement in the Student’s performance measured by the periodic tests conducted by us. If you wish to cancel your subscription with Click and Climb and are enrolled in our ‘Pay as you go’ plan as set forth on the Site, you will only be charged for the used sessions. If you are enrolled in one of the monthly plans, the sessions used up until the time of cancellation will be billed by the hourly (per session) rate under the ‘Pay as you go’ plan. If at the time of cancellation, that amount equals or exceeds the amount you paid for the plan in the beginning of the pay period, you will not be eligible for a refund and will not owe us anything. Click and Climb reserves the right to approve/reject a refund request by you.

17. Discounts. If you are eligible for a discount, the discount will apply to the monthly combined bill for your family in case you have more that one Student enrolled with Click and Climb. If you are eligible for more than one type of discount, you can only avail the highest discount. Discount offers cannot be combined. Click and Climb reserves the right to modify the discounts without any prior notice.

18. Export Controls. You shall comply (and shall cause the Student to comply) with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or other United States or foreign agency or authority, and not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. You represent and warrant that you are not located in, under the control of or a national or resident of any restricted country or on any such list.

19. Jurisdiction. The Services are offered via the Internet and the Students and Tutors are located throughout various jurisdictions worldwide. The Site is controlled and operated from our offices in Boston, MA. Click and Climb makes no representation that the Equipment is appropriate or available for use in all locations. By agreeing to the terms set forth in this Agreement, you agree that use of the Services by you, the Student, or any third party shall be deemed to have occurred solely in Massachusetts. By using the Services from other locations, you do so per your own initiative and you are responsible for compliance with local laws. You further agree and acknowledge that this Agreement and any dispute in connection with the use by you, the Student, or any third party of the Site or the Services will be governed by the laws of the State of Massachusetts. (without regard to its conflict-of-law provisions), and the federal laws of the United States applicable therein. In the event of any dispute relating to the Site, the Services or the terms of this Agreement, you expressly consent to the exclusive forum, jurisdiction, and venue of courts in the county of Suffolk in Massachusetts.