hereafter referred to as “the student,” desire to retain AxSellerated Development, LLC, a Limited Liability Corporation formed in the State of Delaware and hereafter collectively referred to as “the tutor” or “AxD,” to provide examination preparation tutoring services in consideration of, acknowledgement of, and agreement to the following:
1. All tutoring sessions must be scheduled in advance;
2. Tutoring sessions will be conducted virtually via Zoom teleconference and, as such, the student will be fully responsible for independently securing any and all equipment and devices, software, and downloads necessary to facilitate the Zoom interaction including but not limited to a valid Zoom account;
3. Tutoring services will be provided at an hourly rate of $85.00 per session hour, payable prior to scheduling;
4. Tutoring sessions are conducted for one hour durations;
5. Only one student may attend each session unless otherwise arranged for in advance;
6. The student is afforded the option of purchasing a 15-session hour, discounted tutoring package for $1,200.00, payable in full, at the time of order;
7. In the event that a student desires to reschedule a tutoring session, for any reason and due to no cause of AxD, the student agrees to notify AxD, in writing, of the need to reschedule said tutoring session no later than four (4) hours prior to the commencement of the scheduled session. Any request to reschedule a session that is received by AxD within four (4) hours of the session’s scheduled start time will not be accommodated;
8. Except for terms as described in item 17 of this Agreement, tutoring session tuitions are non-refundable. If a student cancels a session, the student will be entitled to a rescheduled session as long as the cancelation occurred no later than four hours prior to the session’s scheduled start time;
9. Requests to reschedule a session within four (4) hours prior to the scheduled session’s start time will not be accommodated and the student will not be entitled to any refund, pro-rated or otherwise, of that session’s tuition;
10. Should a student who has purchased a 15-session-hour, discounted tutoring package decide to cancel or withdraw from this commitment 24 hours or later after remitting full payment, the student will not be entitled to any refund of the $1,200.00. Additionally, no refund, pro-rated or otherwise, will be issued if the student fails to complete all 15 session hours for any reason other than that caused by AxD;
11. If the student purchases a 15-session-hour, discounted tutoring package, subsequent session hours may be scheduled prior to or at the conclusion of each tutoring session until all 15 session hours have been exhausted;
12. Any previously-purchased, non-package tutoring session will not be credited towards the completion of and/or payment towards any future discount package session purchased;
13. The tuition for any scheduled tutoring session for which the student is a “no show” is non-refundable;
14. A “no-show” occurs when a student fails to present for a scheduled tutoring session within 20 minutes past the session’s scheduled start time;
15. If a student arrives for a scheduled session after the session’s start time but within 20 minutes therefrom, the student shall forfeit the time missed as the session will conclude at its originally-scheduled conclusion time;
16. Missed time due to a student’s tardiness will not be credited towards any future session;
17. Any non-packaged, tutoring session cancelled by AxD will result in the student receiving a full refund for that particular cancelled session. The student may alternatively elect to apply the entitled refund as a credit towards future tutoring;
18. Any package tutoring session cancelled by AxD will afford the student the opportunity to reschedule the session at no additional expense;
19. Any refunds owed to the student will be issued, via check, within 30 calendar days from the date upon which the refund entitlement occurs. Unless AxD is otherwise directed, the check will be payable to the student and mailed, via first-class United State Postal Service (USPS) mail to the student’s current address of record;
20. Payment for services are to be remitted through the AxSellerated Development website;
21. The purpose of the tutoring retained is to prepare the student for a hopefully-successful navigation through the Nationwide Mortgage Licensing System (NMLS) 120-question National Mortgage Licensing Examination including the Uniform State Content (USC);
22. Although the student will receive exam-taking tips, strategies, and material to review throughout the tutoring process, all with the ultimate goal of the student passing the exam, AxD neither warrants nor guarantees that the student will pass said examination. In order to pass the examination, the student must independently study, master, and prepare beyond the tutoring provided. The student assumes and bears sole and full personal and professional responsibility and liability for whatever outcome results from his or her taking the exam while fully and completely indemnifying AxD and Rich Leffler against any consequences, adverse or otherwise, that may or does result therefrom or for any other reason;
23. The student, along with any and all interested parties, agrees to fully indemnify AxD against any consequence, including, but not limited to, loss or delay of occupation, job, or present or future income, that may result from the student’s exam outcome or failure to take the NMLS National Mortgage Licensing Examination;
24. The student acknowledges their understanding that AxD is in no way directly, indirectly, or otherwise affiliated with the Nationwide Mortgage Licensing System and Registry (NMLS) and any conducted tutoring is a non-mandatory supplement to and is in no way contributory towards the satisfaction of any NMLS- or individual state-specific mandated education curriculum or other requirements;
25. The student remains independently and solely obligated to satisfy all SAFE Act-, NMLS-, and/or individual state-established requirements for securing the desired mortgage loan originator license(s);
26. AxD makes no representations regarding the amount of tutoring that the student may need. This Agreement remains open-ended, obligates neither AxD nor the student to any defined amount of scheduled tutoring (aside from what is contracted through the purchase of a 15-session-hour, discounted tutoring package), and may be terminated, at will, by either party and at any time in accordance with the terms as defined through this Agreement;
27. This Agreement may not be amended by any party other than AxD and any changes or amendments to this Agreement must be made to and agreed upon in writing;
28. If any part of this Agreement is deemed unenforceable by a court of competent jurisdiction, all remaining parts will remain and be considered in force; and
29. This Agreement, and any litigation that may result therefrom, is and will be subject to the laws of the State of North Carolina.
