Terms of Learning

Student Enrollment Agreement: The Learning Terms Options, Conditions and Use

If you are considering enrollment in an Apples Advance Literacy and Math Program, or have already enrolled in Intervention Learning Option, Individual Private-Tutoring, Small Group Virtual class or Online course with GiftedApples Literacy and eLearning; We hereby present this Student Enrollment Agreement: The Learning Terms Options, Conditions and Use (hereinafter referred to as Learning Terms).

Apples Literacy Advance and Math 4-12 Academy d.b.a. GiftedApples Literacy and ELearning will be (hereinafter referred to as “GAs“, “we”, “us”, “our”).

All program techniques and materials (online and print), content, code, software, data, videos and session transcripts, copyrights, trademark rights and other intellectual property rights used in or related to your learning programs are the exclusive property of GAs. You agree not to disclose, reproduce, sell or distribute to any third party any information, written or spoken, including course materials, obtained from GAs in connection with GAs courses or tutoring programs. Without limiting the foregoing, you further agree not to share your online GAs password or to otherwise allow any other person to use the GAs online resources purchased by you. To the extent you need to download software or documentation to access services or materials in connection with your program, GAs grants you a limited, non-assignable, non-transferable, revocable license to use such services and materials solely for use with your purchased program or services and only for your personal non-commercial use. Such license will terminate when your program, plan or other services expires or otherwise terminates.

For specific GiftedApples’ Intervention Learning Option programs, size is limited as GAs does not provide intervention to large groupings of students. Enrollment is based on an admission process which includes an interview and screening assessment, whereby a determination is made whether or not GAs is the appropriate Intervention and Tutoring program for you or your child. Enrollment is taken on a first-come first-served basis or a student may be wait-listed for another Intervention class to open in a given subject area or with a specific Tutor/Interventionist.

You are solely responsible for all telephone, computer hardware and other equipment required for access to any use of our online services.

GAs reserves the right, in its sole discretion, to change this Learning Terms agreement, in whole or in part, at any time. Changes in this Learning Terms agreement will be effective when posted.

CLOSE THE LEARNING GAP GUARANTEE

Close the Learning Gap Guarantee (hereinafter referred to as the LG Guarantee), is designed to close the learning gap by increasing student’s scores 7% to 15% in critical areas of reading and math. Students enrolled in an Intervention Option Program must work with their Tutors or Interventionists for a total of 150 minutes per month for three (3) consecutive months on a single subject or learning target that they want covered by the LG Guarantee (e.g., word development; fluency development; comprehension development; basic math; algebra; geometry).

  • To qualify for the LG Guaranteeyou must be a student in Grades 6-12, between the ages of 10 and 19 and enrolled in an accredited public, private, parochial, or charter school in the United States.
  • You must live in the United States and attend school in the United States to qualify for the LG Guarantee. If you are enrolled in an online school, you and you the school you attend must be located in the United States, and the school must be fully accredited.
  • In other words, you may always choose to have sessions which cover other subject areas and electives with our Tutors and Interventionists, but if you want to be covered by the LG Guaranteefor a particular subject area, you must spend at least 150 minutes per month working in a single subject.
  • For example, in June you spend 150 total minutes in sessions with tutors: 125 of the minutes is with your Math Tutor and 50 minutes is with your Writing Tutor; this a month would notqualify as a full month toward the LG Guarantee for algebra.
  • On the other hand, in June you are in sessions for 200 minutes and you spend 150 minutes with your algebra tutor and 50 minutes with your writing tutor; this month wouldqualify as a full month towards the LG Guarantee because you would have spent the required 150 minutes with the tutor in one single subject area — algebra.
  • If your tutoring sessions in June totaled 180 minutes, and you spend 130 minutes in algebra and 50 minutes in reading; this month would notqualify for the LG Guarantee because you did not spend 150 minutes learning one subject area. Only 130 minutes and not the required 150 minutes was spent on a single course for that month.

Students must also enroll in an Online Adaptive©, Prescriptive© or Sequential© course and complete three (3) sessions (150 minutes/2.5 hours) per month for three consecutive months without absence, on a single course. The Online Adaptive© Prescriptive© or Sequential© courses align with the any of our 15; 16; 20; 24; or 28-week Intervention Option Plans.

CLOSING THE LEARNING GAP, EARNED CREDITS & STIPEND AWARD

In our effort to support your academic success, we will award a monetary stipend for each month that you fulfill your LG Guarantee.

  • For each month that you fulfill the LG Guarantee, you earn 3 credits for 300 minutes total of in-session learning; and 300 total minutes of Online-learning.
  • Each month, for three (3) consecutive months that you attend 150 minutes of your Intervention Option session class; and each month, for three (3) consecutive months for 150 minutes of completing your Online course, you will earn 1 credit per month.
  • Each earned credit is worth $30.
  • For each of the three (3) consecutive months you attend both your Intervention sessions and online class, you will earn 3 credits and you will receive a cumulative GAs Program stipend for your effort in closing your learning gap.
  • Once you complete your 15; 20; 24; or 28-week Intervention Option Plan and have fulfilled the LG Guarantee criteria, you will receive your GAs Program stipend of $90.
  • The maximum stipend award is $90 per Intervention Option Plan.
  • You must fulfill the LG Guarantee criteria of 3 consecutive months of 150 minutes each month without absence, for a single subject area; and
  • Complete your Intervention Option Program to receive your GAs Stipend Award.

Intervention class sessions and online logged in course sessions are recorded for progress monitoring and evaluation of learning. Our LG Guarantee is that if you make a good faith effort to learn and include us in your effort, you will close your learning gap and see an increase in achievement. If your assessment scores do not improve because you fail to keep your scheduled tutoring sessions; do not complete the required 150-minutes-per month learning requirement; do not complete session assignments or homework or do not accomplish your required 150 minutes of supportive Online course learning, you will not be eligible for the LG Guarantee and GAs Stipend Award.

STUDENT COMMITMENT TO TIME AND EFFORT

As a student, you must be willing to make the commitment to invest both time and effort in developing better reading and math skills. As a student, you must strive to achieve between 70-85% proficiency combined on your intervention curriculum and intervention homework, and between 70-85% proficiency in your Online learning course.

Learning with our Tutors and Interventionists for 150 minutes per month and completing 150 minutes of activities and readings through your Online course is probably enough to increase your assessment score by at least 7% and up to 15%. Your assessment score must go up, or you must demonstrate an increase in conceptual knowledge in a way that we can confirm learning growth in the specific subject area after receiving intervention.

Your commitment to invest both time, effort and motivation impacts your overall academic achievement and enhances the learning delivery and effort that our Tutors and Interventionists are always willing to provide. GAs guarantees the quality of every session. We are confident that if you make a good faith effort to learn and include us in your effort,

you will close your learning gap and increase achievement in the subject area you choose.

CANCELLING TUTORING SESSIONS

If you need to cancel a scheduled tutoring session, You Must Give the Tutor 24 hours’ Advance Notice. If you fail to give 24 hours’ advance notice of any cancellation, the missed session will be treated as a fulfilled session, billed as same for and deducted from your student account balance as if the session took place. If the tutor or interventionist cancels or misses an appointment without 24 hours’ advance notice to you, you will receive one free session of equivalent minutes to the missed session of tutoring in addition to the sessions in your program.

CHILD SAFETY AND PROTECTION: THE PARENT OF RECORD REQUIREMENT

  • If your child receives In-Person tutoring from our Apples Advance Literacy and Math Academy (hereinafter referred to as Apples Learning Academy), she or he must come to the tutoring sessions with the Parent of Record and be picked-up by the Parent of Record. Anyone 21 years of age or older with whom the parents will entrust their child be released to, and/or who may be responsible for the student’s attendance, are required to sign the Parent of Record form.
  • GAs will not release a child to an adult who is not the Parent of Record, listed as the Parent of Record or given permission by the student’s Parent or Guardian to be the Parent of Record. Both the child’s Parent/Guardian and any individual over the age of 18 who will be bringing and picking-up the student from Apples Learning Academy must sign the Parent of Record Form.
  • All minors must leave the Apples Learning Academy with an adult as above-stated and in accordance with our rules.
  • GA’s must be notified in writing if a Parent/Guardian has given permission that their child, under the age of 13, will be brought to Apples Learning Academy and leave Apples Learning Academy with an adult other than an individual listed as the Parent of Record. Otherwise, the student will not receive tutoring, and the session will be considered a session cancelled by the Parent without adequate notice. In this, there will be charged for the session.

NOTE: Tutors may not meet any Apples Learning Academy students in public locations such as libraries, restaurants or coffee shops for any of its Intervention, Tutoring or Courses under open contract by Apples Literacy Learning nonprofit organization. Failure to follow this guideline results in automatic dismissal from all Apples Advance Literacy and Math/Gifted Apples Literacy and eLearning services with no further liability to Parent and Student.

PRIVATE SESSION TUTORING

Please note that GAs Tutors and Interventionists do not tutor minors in the parent’s private home unless another adult is present during the entire session. GAs does provide Private or Online Session tutoring of minors without the parent’s signed approval.

STUDENTS ENROLLING IN INTERVENTION OPTION OR PRIVATE TUTORING PROGRAM

If you have purchased a private tutorial or intervention program for a number of pre-scheduled sessions, please note that session lengths of (50 minutes) are variable. The number of sessions you have purchased does not necessarily correspond to clock hours or the number of hours you have purchased. You may receive some sessions for up to 70 minutes without an increase in tuition. If you choose to meet for more than your scheduled session time, the additional time will be used from your student session account balance. GAs does not refund unused tutoring/intervention session minutes.

ONLINE COURSES & VIRTUAL SMALL CLASS INSTRUCTION WITH A CERTIFIED TEACHER

All Online Courses and Individual Private-Tutoring Instruction are supported with a Certified/Licensed Teacher at scheduled instructional times. Online Courses and Virtual Small Class course instruction require an Administrative and Setup Fees must be Paid in Full before scheduled classes begin. Online course fees are based on the Intervention plan and program length of 12, 15, 18, 20 or 24- weeks of course time.

  • If you enroll in an Online course supported by a Certified Teacher, Small Group Virtual class supported by a Certified Teacher or Licensed Interventionist or are enrolled to receive Individual Private Tutoring, your Online course fees must be paid in full ten (10) days before your Online course is scheduled to begin (unless otherwise agreed to in accordance with your (ALL) Agreement).
  • If you are receiving Private Tutoring with a supportive Online course, you are eligible for the Payment Plan Options in accordance with agreed upon terms.

NOTE: If you enroll in an Intervention Option Program, Individual Private Tutoring, Small Group Virtual Class or Online Course, two payments of Assessment & Observation Tutoring (A&OT) fee is due before your Individual Learning Option Program can be initiated.

TUITION PAYMENT

We offer flexible plans Intervention classes and Online courses. Payments are accepted on billing installments by credit card or debit card, PayPal, ACH Checking for your purchases of GAs services, courses, e-books, texts and materials.

  • All Intervention Option Plan Programs and Individual Private Tutoring classes include Two (2) additional scheduled sessions per month of Supportive Online Tutoring with a Certified/Licensed Teacher. These sessions are at no additional cost to you.
  • If you pay for your Intervention Option Plan or Private Tutoring Program in full, the financing-plan fee is waived. You will be eligible and receive a ten-percent (10%) discount off of the full tuition fee.
  • For our assessment preparation and other programs, you must pay the Program Setup and Administration fees, plus one-third of the Assessment & Observation Tutoring (A&OT) Phase fee.
  • The first payment of the Assessment and Observation Tutoring Phase (A&OT) fee is due before your A&OT is scheduled. If you are on the Installment Payment Plan, you must pay the first installment of your payment plan before your A&OT phase is initiated. The remaining A&OT Phase fees will be automatically billed to your credit card until the fee balance is paid.
  • If your A&OT Phase is paid in full, you will be scheduled to immediately start your Intervention Option program. You will also receive your Course logon ID and Temporary password.
  • You will be given 3-4 days to review and overview the course syllabus and course outline with your Tutor and Intervention Teacher. You will also have an opportunity to be invited into your new virtual classroom and have a look around.

Note: If you chose the Installment Pay Plan, your GAs program Intervention Option Program will not begin for approximately two (2) weeks, but not later (20) days from the completion date of your scheduled Assessment & Observation Tutoring Phase. This time frame allows for review of all testing data, writing your Intervention Plan Report, preparing the Intervention Plan Program and scheduling Course of Study calendar.

STARTING YOUR INTERVENTION OPTION PROGRAM OR ONLINE COURSE OF STUDY

  • Your Intervention Option Program or Online Course of Study shall begin approximately two (2) weeks, but not later than twenty (20) days from the sign date of your Apples Literacy Learning Agreement (hereinafter referred to as ALL Agreement).
  • All of our Intervention Program sessions are initiated by an Assessment Observation & Tutoring (A&OT) Phase which results in several sessions of assessment, tutoring and observation. This is done to make a full evaluation of your child’s learning strengths, needs and behavior for learning.
  • If your final A&OT Phase fee is not received by the 10th day from the initial sign date of your ALL Agreement, and if you have not contacted GAs in writing at support@gmail.com or by telephone at 216.860.4399 or 216.820.3800 as to your reason or intent for nonpayment, your credit card will be billed for the full A&OT Phase fee and all applicable Administrative fees. You will also be responsible for any additional legal and collection fees incurred as a result of this transaction.
  • When you enroll in an Intervention Option Program you must also enroll in an Online Adaptive©, Sequential©or Prescriptive© course which aligns with your Intervention Program. Both the Intervention Option Program and the Online curriculum course are provided with a Certified Teacher and/or Licensed Interventionist.
  • You will receive the full discounted amount of the Supportive Online course that corresponds with your Intervention Option Program, including any discounts or credits which will be applied to your Installment Payment Plan as set forth in your ALL Agreement).

Note: Your credit/debit card, PayPal account or ACH Checking will not be billed for any learning options you have selected for 30 days on the sign date of your ALL Agreement.

TUITION PAYMENTS FOR ASSESSMENT & OBSERVATION PHASE FOR INTERVENTION PROGRAMS

  • Once your Assessment and Observation Tutoring Phase fee is paid in full, your credit/debit card will be charged in accordance with your agreed upon monthly Intervention Option Plan schedule, on the same day of each month (or the last calendar day if you paid the last day of the month) for the number of months in accordance with your ALL Agreement. Your monthly sessions will be credited or debited to your student account session balance.
  • If you have an agreed upon Installment Payment Plan, your credit card or PayPal account will be billed in accordance with the agreed upon plan on the sign date of your (ALL) Agreement.
  • As you complete each Intervention and Online course session, we deduct the time from your student account session balance.
  • With each of your monthly payments, we credit session time to your student account session balance.

INSTALLMENT PAYMENT PLAN FOR ASSESSMENT & OBSERVATION TUTORING (A&OT)

  • If you pay the A&OT Phase fee in full you will receive a ten-percent (10%) deduction off of the initial A&OT Phase fee.
  • The first A&OT Phase fee is due upon signing the Apples Literacy Learning Agreement.
  • Maximum installments for the A&OT Phase fees will be three (3)

If you opted for an agreed upon Installment Pay Plan for your Intervention Option Program, Individual Private Tutoring or Small Group Virtual class, your online course and tutoring classes will begin between the 10th and 20th day from the final test date of your A&OT Phase evaluation. As mentioned earlier, this time frame allows for review of all testing data, writing your Intervention Plan Report, preparing the Intervention Plan Program and scheduling Course of Study calendar

INSTALLMENT PAYMENT PLAN FOR INTERVENTION OPTION PROGRAM

  • If you pay your Intervention Option Program tuition in full, you will receive a ten-percent (10%) deduction off of the full cost of your learning program. You will still be eligible for the GAs Stipend Award and Learning Guarantee.
  • Installment Payment Plan Options for all intervention programs and Online courses are available for all of our Intervention Program and Online courses. A small Convenience fee is assessed from 0.5% for financing terms on various plans.
  • The first session of your Intervention Option Program or Learning Course of Study shall begin once two (2) installments of the A&OT Phase fee is paid. This arrangement is to maintain the seamless flow in learning and instruction established during the A&OT Phase.
  • Maximum installments for any Intervention Option Program is four (4).

PAYMENT PLANS OPTIONS FOR ONLINE COURSES

  • If you are enrolled in a 12, 15, 18, 20 or 24–week Online course supported by a Certified Teacher, you are eligible for a Payment Plan Option.
  • Installment Payment Plan Options for all intervention programs and Online courses are available. A small Convenience fee is assessed from 0.5% on various plans.
  • Upon full payment of your A&OT Phase and one month’s payment of your Intervention Option Program and Online Course(s) tuition, your Username is created and you may Login with a temporary Password and create your own Password.

STUDENT WITHDRAWALS & CANCELLATIONS

If you withdraw from your GAs Learning Program or cancel your Intervention Option Plan, you will be eligible for a refund on the following terms:

  • If you choose to withdraw your enrollment within three (3) days or 72 hours before the first scheduled A&OT Phase we will refund 100% of the tuition you have paid less the Enrollment, Course Setup and Administration fees.
  • If you choose to withdraw your enrollment after three days (3) days or 72 hours before the first scheduled A&OT Phase, we will refund 60% of the tuition you have paid less the Enrollment, Course Setup and Administration fees.
  • Please note that no refunds of the A&OT Phase are available after three (3) days or 72 hours from the sign date of your (ALL) Agreement for any of our Intervention Option Programs, Online courses, Small Group Virtual classes, or Individual Private-Tutoring Programs.

STUDENT REFUNDS

  • If your child’s academic performance does not increase by 7% to 15% on any of the assessed areas measured during the A&OT Phase, GAs will provide additional sessions of tutoring and Online course time necessary to meet the Learning Gap Guarantee LG Guarantee.
  • If after the additional tutoring and Online course instruction there is not significant improvement in the target areas assessed and/or your knowledge on the targeted skills have not increased by 7% as assessed on the A&OT measures, GAs will refund 100% of your tuition for the intervention classroom sessions required by to meet the LG Guarantee up to a maximum of $301.22.
  • You will not be refunded for the Online course fee as you will have been enrolled in the course for a second time at no cost to you.
  • You will not receive a refund for the Administrative fee or the Setup fee as your student and course accounts will have been maintained throughout your enrollment with GAs for a total of 900 minutes.

REFUNDS PROCESSING

  • Please note that for security reasons, we process refund requests only by phone at 216.820.3800 or 216.860.4399.
  • Your credit card will be credited 100% for any additional tuition and enrollment funds remaining on your student account session balance.
  • Refunds will be issued in the form and manner appropriated by GiftedApples Literacy and eLearning. If conveniently applicable, we will refund a credit in the form and manner in which it was received. Otherwise, we will refund a card credit, deposit in your PayPal account, or mail a check as circumstances permit. We will only issue a refund to the person who paid and/or initiated the Apples Literacy Learning Contract, who is over the age of 18.

Note: For security reasons, we process refund requests only by phone at 216.820.3800 or 216.860.4399

RECORDED SESSIONS AND USER CONTENT

You agree that we may record all or any part of any of our programs, including without limitation, Online courses, voice chat communications and live virtual class instruction. We reserve the right to use the recorded sessions for any purpose allowed by our Privacy policy. You agree that we own all transcripts of tutoring and classroom sessions and all comments you may provide us through our services.

Any materials, information, communications, testimonials, ideas, or other content or materials that you upload, communicate or otherwise transmit or post to us by any means (including, for example and without limitation, that which you submit or post to our chat room, message boards, and/or our blogs, or send to us via-email) as (“User Content”) will be deemed to not be confident or secret, and may be used by us in any manner consistent with our Privacy Policy.

By submitting or sending User Content to us, you: (i) represent and warrant that the User Content is original to you, that no other party has any rights thereto, and that any “moral rights” in User Content have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to display, use, reproduce, incorporate, modify, create derivative works from and distribute such material (in whole or part). We are not responsible for maintaining any User Content that you provide to us and we may delete or destroy any such User Content at any time.

DISCLAIMER AND LIMITATION OF LIABILITY

GAs will not be liable to you or to any other person for any indirect, consequential, punitive or special damages of any character, whether in an action in contract, tort or otherwise, arising out of or in connection with your GA’s program, even if GAs has been advised of the possibility of such damages. GAs total aggregate liability arising from or related to your GAs learning program will not exceed the amount you paid for your program.

GOVERNING LAW

This Student Enrollment Agreement: of Learning Terms Options, Conditions and Use, and any claim or dispute arising out of, relating to or in connection with this Student Enrollment Agreement: The Learning Terms Options, Conditions and Use or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in Conflict of Law principles.

ACCEPTANCE OF THIS

STUDENT ENROLLMENT AGREEMENT: THE LEARNING TERMS OPTIONS, CONDITIONS AND USE

Please indicate your acceptance of these terms and conditions by checking the “I Agree” and ”Submit” boxes (If you are online). If you are in-person, you must sign this form or provide an e-Signature when prompted.

BY CLICKING ON THE “I AGREE” BOX ON THE CHECKOUT PAGE OF THE SITE, I ACKNOWLEDGE THAT I AM THE PARENT OR GUARDIAN, OVER THE AGE OF 18 AND THE RESPONSIBLE PARTY FOR MY APPLES LITERACY LEARNING AGREEMENT AND PAYMENT OF THIS LEARNING PROGRAM. I ALSO ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND AGREE TO THIS STUDENT ENROLLMENT AGREEMENT: THE TERMS OF LEARNING OPTIONS, CONDITIONS AND USE.

Your Child Deserves to Be A Great Reader
WE TEACH STUDENTS TO READ TO LEARN
Call 216.820.3800 or 216.860.4399

Apples Advance Literacy and Math 4-12 Academy • Gifted Apples Literacy and eLearning is a 501 (c) 3 Nonprofit Educational Service.

Our goal is to provide intensive literacy instruction to preadolescent and adolescent students who require specialized intervention in reading and math. We support post-high school Adult Literacy education.

July 1st, 2016