Advok8 Non-Binding Terms and Conditions Agreement

1. Last Update May 8, 2023

2.0 IntroductIon

2.1 Contractual Entities. This Advok8 Services Agreement is between Advok8 Web Coaching LLC (ADVOK8) and the student (STUDENT), the student’s parent or guardian (PARENT), or another unnamed party representing the student (OTHER) in use of this service, payment of this service and compliance of terms and conditions herein. If you are entering into this Agreement on behalf of STUDENT, PARENT, or other representatives of said student, you represent that you have the legal authority to bind that entity to your actions.

2.2 User General Agreement. By accepting this Agreement, you agree to these terms, conditions, and policies. If you do not accept and comply with this Agreement, you may not use the ADVOK8 web applications, services, and other properties (such as Advok8 social media, training materials, and so forth.)

3.0 Acceptable Use Policy

3.1 Right to Use. Advok8 grants the STUDENT, PARENT, and OTHER the right to access and use Services described in 3.2 as those services were intended. They may not be used for unauthorized purposes, they may not be copied or altered for unauthorized purposes, and they may not be shared with any unauthorized person(s) outside the scope of the student / parent / coach relationship.

3.2 Advok8 Services. Advok8 is an Academic Coaching Web Application seeking to aid students in managing their time, tasks, and graded assignment. This is accomplished by providing five things:

  1. A proprietary time management method designed to balance the student’s productivity (time to complete tasks), the student’s available time, and the work tasks in any multi-week semester (SPRINT).
  2. A recommended video conference with an Advok8 Coach for one hour each week from the first week of a SPRINT to the last week of the semester.
  3. A tracking system allows the student to update their completions and grades on all tasks, which will refresh each week, focusing on what the student has, is, and will need to accomplish.
  4. A student-reported system that reports the student’s grades (current, forecasted, and averaged), productivity, and hours spent working on the academic workload and tasks scheduled per course.
  5. An ability for the student to schedule unlimited appointments with available coaches on a per-SPRINT billing system

3.3 Advok8 Goals of Service. Advok8 believes while this system dramatically helps and improves a student’s academic performance, there are no warrants herein assuring grade achievement or completion of work. Advok8 is a coaching service designed to coach the student to accomplish academic success, yet the performance remains exclusively the student’s output.

3.4 Advok8 STUDENT Responsibilities. All parties acknowledge it remains the student’s responsibility to accomplish the following:

  • At the beginning of each semester, within the first week, the STUDENT is responsible for loading all course syllabi into the Advok8 system
  • The STUDENT is responsible for paying for and scheduling weekly coaching meetings with Advok8 coaches to review progress and concerns.
  • While ADVOK8 manages time, the STUDENT is still responsible for qualitative performance, including the qualitative completion of tasks and the achievement of grades.
  • Daily, the STUDENT agrees to accurately use the Advok8 KanBan system to report task updates (started, completed, missed) and any task grade on a real-time basis.

3.5 Advok8 Parent Responsibilities. Often, parents are the motivating force behind both payment for and use of the Advok8 academic coaching application. All parties acknowledge the PARENT/OTHER responsibility to ensure, at a minimum, the following:

  • Work with STUDENT to establish and set each parent’s level of approved access in the student site so that both agree to what the PARENT/OTHER can view and access.
  • The PARENT/OTHER understands this is an iterative process where results come from working in the system over the long run. The system learns upon understanding the STUDENT’s strengths and weaknesses.
  • The STUDENT/ADVOK8 relationship is ADVOK8’s primary client relationship. It is up to the STUDENT, PARENT, or OTHER to schedule Parent sessions upon demand. ADVOK8 will not seek out PARENT/OTHER paid sessions to inform of progress.

3.6 General Use Policies. ADVOK8 strives to make a web-based environment where students can interact freely with the coaches and tutors they hire. There are several use policies that ADVOK8 does enforce and may result in the party in question as have their account suspended or terminated. Any communication of this type should be promptly reported to ADVOK8, who will be afforded the appropriate time and ability to remedy this situation appropriately. USERS agree that ADVOK8 provides a platform and cannot be held liable, in any way, for undiscovered inappropriateness. These inappropriate uses are as follows:

  • ADVOK8 USERS shall not use the ADVOK8 web service for romantic, sexual, or related activities.
  • ADVOK8 USERS shall not use the ADVOK8 web service for any communications violating our haven policies for LGBTQ or ethnic or racial, or gender-based hate speech.
  • ADVOK8 USERS shall not use the ADVOK8 web service for any communications that would promote, attack, or otherwise discuss political issues.
  • ADVOK8 USERS shall not use the ADVOK8 web service MyInform8 data storage for any photographic, pornographic, media, or text files that would be inappropriate. The MyInform8 storage areas are expressly limited to academic syllabi, coaching records, files of educational work products, and similar items.

4.0 ADVOK8 Disclaimer Policies

4.1 ADVOK8 Coaching Disclaimer 1. ADVOK8 information, coaching, and advice are provided as part of a formula and policies ADVOK8 believes achieve our results, and in addition, the talent and skills of the ADVOK8 coach, which is not intended to be absolute or exclusive, in the overall achievement of the STUDENT objectives, nor is the ADVOK8 Coaching an intended to be a substitute for the direction, advice, and decision making of PARENTS / OTHER adult authorities.

4.2 ADVOK8 Coaching Disclaimer 2. ADVOK8 information, coaching, and advice are provided as part of a formula and policies ADVOK8 believes in our outcomes and, in addition, the talent and skills of the ADVOK8 coach, which is not intended to be absolute or exclusive to the overall achievement of the STUDENT objectives, nor is the ADVOK8 Coaching an intended to be a substitute for the direction given by the school, college, university, and by extension, the academic institution’s administration, school authorities, professors, instructors, teaching assistants and others related to learning and grading.

4.3 ADVOK8 STUDENT Age Disclaimer. ADVOK8 Academic Coaching is designed for adult coaches working via video conferencing with high school and college students. ADVOK8 is recommended for students above fifteen, and working with students under 14 and below is forbidden. This is based on their date of birth. The STUDENT/PARENT/OTHER is responsible for informing ADVOK8 of any age issues.

4.4 ADVOK8 Grade Disclaimer. ADVOK8 is a coaching service designed to help students with improved grades, better productivity, and less stress. It is specifically an advocate of the student, yet the STUDENT is solely responsible for their course selection, attendance, task completion, earned grades, and productivity.

4.5 ADVOK8 Academic Data Disclaimer. ADVOK8’s initial planning and project management system is predicated on the accurate input of the STUDENT syllabus and course commitments. In contrast, many things can impact the integrity of this data, such as data entry errors, undisclosed syllabus updates, professor last-minute changes, student errors, and many other things, which ADVOK8 is not responsible for and does not warrant in any way. Furthermore, ADVOK8 academic coaching depends upon weekly coaching meetings with the student where changes, errors, additions, and deletions are discussed, which will always supersede any data entry errors in the system.

5.0 Advok8 Refund Policy

5.1 Pennsylvania and US-based Refund Policy. ADVOK8 Coaches and Tutors start preparation to deliver services within the day before the STUDENT appointment. Because of this, the ADVOK8 available refund is provided when requested earlier than twenty-four (24) hours for any given appointment. If the appointment is made within 24 hours, there is no refund eligibility.

5.2 Service Dispute Process. As this service is an on-demand scheduled service, the customer is in complete control of their purchase. If any issues arise needing direct assistance, the customer may use the web service message center to address billing questions to whomever the scheduled service was with. Someone will respond within twenty-four hours to your issue.

5.3 ADVOK8 Refund Policy - Cancellation. ADVOK8 web service enables each student to pre-pay for scheduled appointments, whereas the service, the coach, the scheduled time, and the scheduled payment are made in advance. Advok8 will provide a refund for any cancellation earlier than twentyfour (24) hours before the appointment.

5.4 ADVOK8 Refund Policy – Reschedule. ADVOK8 web service enables each student to pre-pay for scheduled appointments, whereas the service, the coach, the scheduled time, and the scheduled payment are made in advance. ADVOK8 will provide an opportunity to reschedule any appointment via notification process to the COACH earlier than twenty-four (24) hours before the appointment.

6.0 Advok8 Cookie and Information Policies

6.1 Student, Parent and Other Information. Advok8 commits to protecting personal information privacy and accuracy to the extent possible, subject to state and federal law provisions. We collect general student and parent profile information to advance your application for services, now or in the future. www.advok8.life will only use personal information collected from this website to facilitate academic and lifeskills coaching and communicate back to individuals who contact us. The student and parent information collected by www.advok8.life identifies students and parents accessing certain content and pre-fill forms with information about the user submitting the form. The distribution of collected information may be shared in these circumstances:

  • www.advok8.life will not disclose, without your consent, personal information collected about you, except for certain explicit circumstances in which disclosure is required by law.
  • www.advok8.life will not distribute or sell personal information to third-party organizations.
  • www.advok8.life may record your video conferences for training or documentation purposes and does have the right to share this with coaches and tutors working for the student client.

6.2 IP Address and use data. www.advok8.life uses browser-IP-address information and anonymous browser history to report information about website access and for profiling purposes. This information is used to improve Web presentation and utilization. IP address information may also be used for troubleshooting purposes.

6.3 Responsibility for External Sites. This website may contain links to other websites, specifically Pay Pal Services. Some of those websites may be operated by third parties. We provide the links for your convenience, but we do not review, control, or monitor the privacy practices of websites operated by others. We are not responsible for the performance of websites operated by third parties or for your business dealings with them. Therefore, whenever you leave this website, we recommend you review each website’s privacy practices and make your conclusions regarding these practices’ adequacy.

6.4 Mobile Device Data. Device information may be shared, such as your mobile device ID, model, manufacturer, and information about your device’s location, if you access the website from a mobile device, including using our mobile application:

  • Geo-Location Information. We may request access or permission to track location-based information from your mobile device continuously or while you are using our mobile application to provide location-based services. You may do so in your device’s settings if you wish to change our access or permissions.
  • Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s Bluetooth, calendar, camera, contacts, microphone, reminders, sensors, SMS messages, social media accounts, storage, and other features. NOTE: You may control your device’s settings to change access or permissions.
  • Push Notifications. We may request push alarms, alerts, and messages regarding your account or the application. If you wish to opt out of receiving these communications, you may turn them off in your device’s settings. NOTE: Students turning off push notifications will risk missing critical due dates and task assignments.
  • Missed due to muted messaging or ignoring messaging is not the responsibility of Advok8, and we cannot be held liable for missed messages such as scheduled task due dates, test dates, and critical delivery dates.

6.5 Cookies and Web Beacons. Advok8 may use cookies, web beacons, tracking pixels, and other tracking technologies on the website, and our mobile application, to help customize the website and our mobile application to improve your experience.

6.6 Internet-Based Advertising. Advok8 may use third-party software to serve ads on the website [and our mobile application], implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us.

6.7 Website Analytics. ADVOK8 may also partner with selected third-party vendors, such as Adobe Analytics, Google Analytics, and others, to allow tracking technologies and remarketing services on the website and our mobile application. This may be accomplished by using first-party and third-party cookies to, among other things, analyze and track users’ use of the website and our mobile application, determine the popularity of certain content, and better understand online activity. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal data to these third-party vendors. In any case, you can visit the third-party vendor, the Network Advertising Initiative Opt-Out Tool, or Digital Advertising Alliance Opt-Out Tool.

7.0 Legal Disclosures and USER Rights

7.1 Sale or Bankruptcy. If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur, and the transferee may decline to honor our commitments in this Privacy Policy.

7.2 Additional State and Regional Law Compliance. Advok8 makes every effort to comply with the eCommerce Privacy Policies listed below. We use a third-party eCommerce solution that limits our exposure to any personal, financial, and transactional data beyond the user’s personal information, service selection, and payment status. We acknowledge a limited responsibility and expect users to conduct transactions with our third-party financial service providers [Amazon Pay].

7.3 Force Majeure. None of the parties shall be liable for any failure or delay in performing any of its obligations under or according to this Agreement if such failure or delay is due to any cause whatsoever outside their reasonable control, and they shall be entitled to a reasonable extension of the time for performing such obligations as a result of such cause.

7.4 Limitation of Liabilities. ADVOK8 shall not under any circumstances be liable for any amount greater than the STUDENT/PARENT/OTHER payment for services limited to

  • 7.4.1 A single session would be deemed paid for and not delivered satisfactorily, whereas the STUDENT diligently paid for, attended, and participated in the ADVOK8 service session
  • 7.4.2 or the STUDENT/PARENT/OTHER payment for services for a Single Semester (SPRINT), whereas the ADVOK8 services were not delivered and the STUDENT diligently paid for, attended, and participated in an initial planning session and weekly coaching sessions, weekly tutor sessions.
  • 7.4.3 And the STUDENT/PARENT/OTHER agrees the ADVOK8 services are supplemental and complimentary to the STUDENT academics, and ADVOK8 will not be liable in any way for school, college, university expenses, tuition, books, living expenses, or other non-ADVOK8 expenses.
  • 7.4.4 Or the STUDENT should experience other breakdowns in their academic career that are outside the scope of ADVOK8’s services, such as mental health issues, homesickness, financial problems, physical sickness, injury, or other school disruptions, and in such cases, ADVOK8 is not required to provide any compensation and will not be liable.

7.5 Non-Binding Dispute Resolution Clause. ADVOK8 and STUDENT/PARENT/OTHER agree that all disputes will be remedied in one of two ways. ADVOK8 will accept a written or texted complaint and promptly reply with a resolution limited to providing additional services, change in coaches, or other solutions within the reasonable limitations of academic coaching or tutoring and to the satisfaction of our client. ADVOK8 also reserves the right to identify the STUDENT might not be a good fit for our services and terminate said services, with appropriate refunds as described herein.

7.6 Binding Dispute Resolution Clause. ADVOK8 and the STUDENT/PARENT/OTHER understand this is a pay-per-use service, where ADVOK8 is solely hired based upon the user’s satisfaction with services, and as such, the STUDENT/PARENT/OTHER understand this is a NON-BINDING Agreement without any other means of resolution except to discontinue services.

7.7 Intellectual Property. Advok8 LLC owns the source code, web application, social media sites, trademarks, and methodology associated with Advok8 academic web application. At no time shall a STUDENT/PARENT/OTHER copy source code, documents, or ADVOK8 materials & methods, except when solely for the purposes of academic coaching or tutoring of said STUDENT and all materials associated with Advok8 LLC shall remain its exclusive intellectual property. STUDENT/PARENT/OTHER are welcome to copy all application materials relative to their own individual academic careers, and ADVOK8 is happy to facilitate access to the STUDENT’s MyInform8 data records. Should the STUDENT/PARENT/OTHER infringe in taking any intellectual property, the STUDENT/PARENT/OTHER will resolve the matter promptly and shall be responsible for ADVOK8’s legal costs, attorney fees, and operational costs associated with recovery and protection of intellectual property.

7.8 Disclaimer. The warranties and assurances herein, by all parties and users, are instead of all other warranties, expressed or implied, concerning this non-binding Agreement, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Neither party shall have any liability whatsoever for any cover or setoff nor any indirect, consequential, exemplary, incidental, or punitive damages, including lost subscription revenue, lost profits, lost tuition, or lost college expenses, even if such party has been advised of the possibility of such damages.

7.9 Choice of Law and Venue. This Agreement shall be construed and enforced exclusively according to the laws of the Commonwealth of Pennsylvania, and all Parties also agree that the venue of any action to enforce the provisions of this Agreement, or any document executed in connection with this Agreement, shall be in Lawrence County Courthouse, and as such all Parties agree they will not contest the choice of law and venue provisions in this Paragraph.

8.0 Agreement this the ADVOK8 NON-BINDING TERMS AND CONDITIONS AGREEMENT.

I have read this Agreement and agree to the terms herein. I extend this acknowledgment to the STUDENT I represent, the PARENTS of the student, and all OTHER Guardians or people of authority.

I certify that I am over 18 years of age, or will have another person agree in my place, who is over 18 years of age, AND is either an ADVOK8 registered PARENT or OTHER responsible adults.

If the STUDENT/PARENT/OTHER has questions or comments about this Agreement, don’t hesitate to contact us via email (steve.day@advok8.net) or messenger.

Advok8[TM] LLC
109 Summerlin Drive
New Castle, PA 16101