Our Terms of Sale

ONLINE SALE TERMS AND CONDITIONS

Last Updated Date: November 25, 2020

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS
AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT
APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM
THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND
ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN
ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL
AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND
CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A)
DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE
OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ODYSSEY TEST PREPARATION,
LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS
WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW, BY US, OR BY OUR
WEBSITE TERMS OF USE.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services
through odysseytestprep.com (the “Site”). These Terms are subject to change by ODYSSEY TEST
PREPARATION, LLC, a Wyoming limited liability company (referred to as “Odyssey”, “us”, “we”, or “our” as the
context may require), without prior written notice at any time, in our sole discretion. Any changes to the Terms will
be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to
purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last
Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site.
You should also carefully review our Privacy Policy before placing an order for products or services through this
Site.

1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these
Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated
to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send
you a confirmation email with your order number and details of the items you have ordered.

2. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without
notice. The price charged for a product or service will be the price in effect at the time the order is placed
and will be set out in your order confirmation email. Price increases will only apply to orders placed after
such changes. Posted prices do not include taxes. All such taxes and charges will be added to your total and
will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate
price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or
omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or
omissions at any time and to cancel any orders arising from such occurrences.

(b) We may offer from time to time or advertise promotions on the Site that may affect
pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict
between the terms for a promotion and these Terms, the promotion terms will govern.

(c) Terms of payment are within our sole discretion and, unless otherwise agreed by us in
writing, payment must be received by us before our acceptance of an order. You represent and warrant that
(i) the credit card information you supply to us or any of our third party service providers is true, correct
and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by
you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the
posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the
amount quoted on the Site at the time of your order.

3. Delivery. Products will be available and delivered to you electronically or through our online
platform immediately upon payment. Services will be delivered as agreed upon or stated upon purchase; provided,
however, that if you purchase physical coursebooks through the Site, such coursebooks will be shipped within two
weeks of the date you make an order through the Site. We may use independent contractors to perform any services
you purchase. You hereby acknowledge and agree to our use of independent contractors to perform any services you
purchase in our sole discretion. Upon purchase of any Package (defined below) that comes with access to the
Odyssey Online Logic Games Course, you will have access on our platform to the Odyssey Online Logic Games
Course immediately upon purchase and for so long as we make such Odyssey Online Logic Games Course available
thereafter (as may be modified, amended or changes from time to time), provided that you abide by our Terms of
Use (Link) and this Agreement.

4. Returns and Refunds. We do not accept a return of the products for a refund of your purchase
price. All sales of products or services are final. If there is a defect in any product or service, you must notify us
immediately. For defective products or services, please refer to the warranty (see Section 5).

(a) Refund for Unused Hours. Notwithstanding the foregoing, if you purchase one of our
tutoring packages (each, a “Package”) that provides for a number of hours with one of our tutors
(“Tutoring Hours”), and you do not use any number of purchased Tutoring Hours and no longer desire to
use such Tutoring Hours in the future, you may, within ninety (90) days of the last date you were tutored by
us, reach out to [email protected] to either (i) request a refund equal to the difference between (A)
the price of the Package you purchased and (B) the hourly rate for Tutoring Hours as advertised on the Site
(at the time of your purchase) of the Package that provides for the closest number of Tutoring Hours
actually exceeded by you multiplied by the number of Tutoring Hours used by you (for example, if you
purchased a Package with 25 Tutoring Hours for $3,750, but you only used 17 Tutoring Hours, the Package
with the closest number of Tutoring Hours actually exceeded by you would be the 15 hour Package, with
an advertised hourly rate for Tutoring Hours of $170 per hour at the time of your purchase. In this scenario,
you would be able to request a refund of $3,750 – ($170 x 17), equal to $860.00); or (ii) convert any
unused Tutoring Hours at the advertised hourly rate of the Package you purchased to Consulting Hours at
the then advertised hourly rate for Consulting Hours. As used herein, “Consulting Hours” means a number
of consultation hours with one of our admissions consultants for the purpose of developing a strategy to
apply for law schools, maximize your acceptance rate and your scholarship offers.

(b) Perfect Fit Guarantee. Each Package providing for Tutoring Hours comes with
Odyssey’s “Perfect Fit Guarantee” as described in this paragraph. In the event you purchase a Package with
a Perfect Fit Guarantee, after your initial tutoring session with one of Odyssey’s tutors, you may notify us
by email to [email protected] prior to your next scheduled tutoring session that you would like a
different tutor for any reason or no reason. In such event, we will provide you with a new tutor and your
initial tutoring session will not count toward your Tutoring Hours. In the event that you are not happy with
or satisfied with the second tutor we provide you, you may, prior to your next scheduled tutoring session,
reach out to [email protected] to request a full refund of the purchase price of your Package.

(c) Score Increase Guarantee. Each Tutoring Package providing for 15 Tutoring Hours or
more comes with Odyssey’s “Score Increase Guarantee” as described in this paragraph. In the event that you purchase a Package with a Score Increase Guarantee and have an official LSAT score on record then we will compare that to the highest of either your practice tests or your actual LSAT score after having completed all of your tutoring hours purchased within your package (you must take the official LSAT after the completion of your tutoring package and submit your score to qualify). In the event that you purchase a Package with a Score Increase Guarantee and you do not have an official LSAT score on record then we will compare your diagnostic practice test score to your highest practice test score during your study time within your package and/or after having completed all of your tutoring hours purchased within your package (you must take at least 1 practice test after completing all of your tutoring hours to qualify). You must, during your tutoring package, complete at least 12 full-length, fully timed, official LSAT Preptests in order to qualify for this
guarantee. You must complete all work assigned by your tutor during your tutoring package in order to qualify for this guarantee. In the event you wish to avail of this guarantee then you must email [email protected] and furnish the results of your 12 full-length, fully timed, official LSAT
Preptests and a copy of your official LSAT Score. You must also supply any documentation requested to verify that you completed all the work assigned by your tutor during your tutoring package. If all information is approved and your score did not increase given the stipulations above, we will issue a full
refund of your package price.

5. Manufacturer’s Warranty and Disclaimers. The availability of products or services through our
Site does not indicate an affiliation with or endorsement of any other third party product, service or manufacturer.
We do not provide any warranties with respect to the products or services offered on our Site.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY
WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF
MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C)
WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD
PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. NONE OF OUR PRODUCTS OR SERVICES
COME WITH A GUARANTEE THAT YOU WILL IMPROVE YOUR LAW SCHOOL ADMISSIONS
TEST (“LSAT”) SCORE OR OBTAIN A PARTICULAR SCORE ON AN LSAT.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER
WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

6. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD
PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR
ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING
OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS,
REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT
WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR
EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS
BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND
EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL
AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH
OUR SITE.

The limitation of liability set forth above shall only apply to the extent permitted by law.

7. Goods Not for Resale or Export. You represent and warrant that you are buying products or
services from the Site for your own personal or business use only, and not for resale or export. You further represent
and warrant that all purchases are intended for final use by you in locations within the US. You acknowledge and
agree that all products and services we offer are the intellectual property of Odyssey or its affiliates and that you will
not resell, copy, distribute, or otherwise make available to any other person or entity any products or services
provided by us to you. You acknowledge and agree that the terms of this Section 7 are necessary to protect Odyssey
and are a material inducement for Odyssey agreeing to sell you products and/or services, and that your breach of this
Section 7 will cause Odyssey irreparable harm, the monetary damages of which are difficult or impossible to
establish. Therefore, in addition to all the remedies provided at law or in equity, the Company will be entitled to a
temporary restraining order and temporary and permanent injunctions to prevent a breach or contemplated breach of
any of the covenants.

8. Privacy; Online Reviews. We respect your privacy and are committed to protecting it. Our Privacy
Policy [https://odysseytestprep.com/privacy-policy-3/] governs the processing of all personal data collected from you in connection with your
purchase of products or services through the Site. For the purpose of ensuring the privacy of our employees and
contractors, you agree not to mention the full name (first name only) of any of our employees or contractors that
provided tutoring or consulting services to you in any online reviews that you may post or submit.

9. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or
breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such
failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without
limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether
war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution,
insurrection, epidemic, pandemic, lockdowns, lockouts, strikes or other labor disputes (whether or not relating to our
workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable
materials, materials or telecommunication breakdown or power outage.

10. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or
relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia
without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other
jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia.
You agree that the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of
Georgia – Atlanta Division, will be the sole and exclusive jurisdiction and venue for any and all actions arising out
of or related to these Terms or a sale of goods and services to you by us.

11. Assignment. You will not assign any of your rights or delegate any of your obligations under these
Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 11 is
null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

12. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute
a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only
if in writing and signed by a duly authorized representative of Odyssey.

13. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or
remedies upon any person other than you.

14. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message
to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when
we send the email and notices we provide by posting will be effective upon posting. It is your responsibility
to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us by email address:
[email protected], unless a separate email address is provided for in any provision of this
Agreement. We may update the email address for notices to us by posting a notice on the Site. Notices
provided by email will be effective one business day after they are sent.

15. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that
provision will be deemed severed from these Terms and will not affect the validity or enforceability of the
remaining provisions of these Terms.

16. Entire Agreement. These Terms, our Website Terms of Use and our Privacy Policy will be
deemed the final and integrated agreement between you and us on the matters contained in these Terms.