Yorkshire Planning Incorporated d/b/a Yorkshire College Planning

Terms & Conditions

IN CONSIDERATION for the services selected by the client (“Client”), Client agrees to the following terms and conditions set forth herein.

1) Agreement. Client has signed up for the College Aid Bootcamp offered by Yorkshire Planning Incorporated d/b/a Yorkshire College Planning (“YORKSHIRE”). If Yorkshire offers other services/packages and Client selects additional services/packages, these Terms and Conditions shall apply to any additional services.

2) Fees. All Bootcamp fees are due upon sign up. Client may cancel within three (3) business days of signing up for a full refund. After the three-day cancellation period, fees are non-refundable except (i) for the 45 day guarantee or (ii) as required by applicable law. If YORKSHIRE offers other services/packages and Client selects additional services/packages, then Client shall pay for those services in accordance with the payment terms specified for such services. Client may cancel additional services within three (3) business days of purchase for a full refund. After the three-day cancellation period, fees are non-refundable except as required by applicable law.

a) Refund Requests. If Client requests a refund, Yorkshire will review that request within 30 days of receipt of a written request to determine if Client is eligible for a refund. All refunds are given on a case-by-case basis, and Yorkshire reserves the right to resolve the underlying issue in lieu of a refund and/or granting of a partial refund. Refunds may be granted in cases where the “product” purchases is not attempted to be delivered within fourteen days of purchase.

3) No Guarantee. While every effort is made to provide accurate and current information regarding college financial aid and FAFSA/CSS processes, no guarantee is made that any advice, strategies, or recommendations will result in increased financial aid eligibility or a reduced Student Aid Index (SAI).

4) No Editing of Client Documents. Although Client may send YORKSHIRE one or more of its documents, YORKSHIRE may provide comments on those documents but will not edit or modify any Client document or form.

5) No Professional Services. The information provided through Bootcamp and any other services provided by YORKSHIRE is for educational and informational purposes only. It is not intended to constitute financial, legal, or tax advice, nor should it be relied upon as a substitute for personalized guidance from a qualified professional, regardless of whether any YORKSHIRE personnel is a licensed financial advisor. No financial advisor-client relationship is created by engaging Yorkshire in its Bootcamp and other financial aid educational programs. Clients should consult with their own licensed professionals regarding their specific circumstances.

6) Limitations of Liability. NOTWITHSTANDING any provision herein to the contrary, and to the maximum extent permitted by applicable law:

a) IN NO EVENT SHALL YORKSHIRE BE LIABLE TO CLIENT FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF YORKSHIRE HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT THAT THIS LIMITATION SHALL NOT APPLY TO DAMAGES RESULTING FROM YORKSHIRE’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; AND

b) YORKSHIRE HAS NO CONTROL OVER THE DOCUMENTS AND/OR INFORMATION CLIENT PROVIDES IN CONNECTION WITH ITS FAFSA AND/OR CSS FORMS, AND THEREFORE, TO THE MAXIMUM EXTENT ALLOWED UNDER THE LAW, IS NOT LIABLE FOR ANY DAMAGES SUSTAINED BY CLIENT AS A RESULT OF THE DOCUMENTS AND/OR INFORMATION THAT CLIENT SUBMITS.

c) IN NO EVENT SHALL THE LIABILITY OF YORKSHIRE ARISING IN CONNECTION WITH ANY OF THE SERVICES PROVIDED HEREUNDER (WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED ON CONTRACT, WARRANTY, TORT OR OTHERWISE) EXCEED THE ACTUAL AMOUNT OF COMPENSATION PAID TO YORKSHIRE FOR THE SERVICES INVOLVED IN SUCH CLAIM, EXCEPT THAT THIS LIMITATION SHALL NOT APPLY TO LIABILITY RESULTING FROM YORKSHIRE’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

7) Client Duties. Any documents and information voluntarily provided by Client to YORKSHIRE shall be true and correct and accurate. YORKSHIRE expressly disclaims any liability for any educational information provided based on incorrect or incomplete information provided by Client.

8) Relationship. It is understood that YORKSHIRE is an independent contractor with respect to Client.

9) Termination. YORKSHIRE may terminate this Agreement and the services immediately upon the occurrence of any of the following events: (i) a receiver is appointed for Yorkshire or its property; (ii) YORKSHIRE makes a general assignment for the benefit of its creditors; (iii) YORKSHIRE commences or has commenced against it proceedings in any bankruptcy and solvency or debtor’s relief law which proceedings are not dismissed within 30 days; or (iv) YORKSHIRE is liquidated or dissolved.

10) Indemnification. Client shall indemnify, defend and hold harmless YORKSHIRE and its officers, directors, shareholders, employees, agents, and representatives from any and all actions, causes of action, claims, demands, costs, losses, liabilities, expenses, and damages (including without limitation, reasonable attorneys’ fees and reasonable expert witnesses’ fees) arising out of or relating to any services provided under this Agreement.

11) Amendment. These Terms and Conditions may be modified or amended by YORKSHIRE upon thirty (30) days’ prior written notice to Client. Any such modifications shall apply only to services purchased after the effective date of the modification. Client’s continued use of YORKSHIRE’s services after the effective date of any modification constitutes acceptance of the modified terms.

12) Entire Agreement. These Terms and Conditions, together with any service-specific terms provided to Client in writing for particular services selected, contain the entire agreement of the parties and there are no other promises or conditions in any other agreement, oral or written. These Terms and Conditions supersede any prior written or oral agreements between the parties.

13) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14) Law. This Agreement shall be governed by the laws of the State of California, without giving effect to its choice of law or conflicts of law provisions. Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, and the parties hereby consent to the personal jurisdiction and venue of such courts.

15) No Waiver. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of either party, their agents, or employees, but only by an instrument in writing signed by an authorized representative of that party. No waiver by either party of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion.

16) Force Majeure. If the performance of this Agreement or of any obligation hereunder (except payment of monies due) is prevented, restricted or interfered with by reason of fire or other casualty or accident; strikes or labor disputes; unavailability of materials, power or supplies; war, terrorists, or other violence; any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency or intergovernmental body; or any other act or condition whatsoever beyond the reasonable control of the party affected thereby, the party so affected shall be excused from such performances to the extent of such prevention, restriction or interference.

17) Notices. Any notices required to be given under this Agreement by either party to the other may be effected by personal delivery in writing, by email, or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally will be deemed communicated as of actual receipt; notices sent by email will be deemed communicated the first business day after transmission, and mailed notices will be deemed communicated as of the fifth day after mailing.