Product License

Last Modified: July 13th, 2026

This license requires users to use arbitration on an individual basis to resolve disputes rather than
using jury trials or class actions. This license also prohibits class actions and requires all claims to be
brought on an individual basis. Please read the Arbitration section carefully. This license contains
exclusions, disclaimers, and limitations of liability. Please read this license carefully. By purchasing,
downloading, accessing, creating an account for, or using any Product, you agree to this license. If
you do not agree, do not purchase, download, access, create an account for, or use any Product.

Introduction

License Scope
We offer free and paid digital products online (each a “Product”) which are intended to help you study for
the MCAT exam. The phrase Product includes without limitation, all courses, videos, live sessions, recorded
sessions, webinars, coaching calls, applications, software tools, memberships, subscriptions, templates,
checklists, and similar content, offered through any channel, including online, in person, or through third-
party platforms, together with all related updates, downloads, handouts, written materials, audio materials,
visual materials, platform features, and other resources we make available in connection with the foregoing.
All Products are subject to the terms in this license, which outlines the rights we grant you to use our
Products and the limitations we place on your use of our Products. When we reference “purchasing a
Product” (or similar phrase) in this license, that phrase includes purchasing Products and also downloading
(or otherwise accessing) free Products. For free Products, your act of accessing or downloading the Product
constitutes sufficient consideration for the terms of this license, and you agree to be bound by this license
upon such access. For all Products, our grant of access is conditioned on your compliance with this license.
This license is effective as of the date it was last modified (the "Effective Date") and governs all Products you purchase or access on or after the Effective Date.

Please note that we are not liable for the results you obtain on the MCAT exam. We cannot
guarantee that you will obtain any specific score on the exam, or that your exam experience will be
successful. You acknowledge that we are not licensed by any licensing board and that we are not a
school, college, university, admissions consultant, medical provider, mental-health provider, testing
authority, or official source of MCAT rules, registration requirements, accommodations, deadlines,
or scoring policies. We may recommend you purchase or use content created by third parties to
assist your preparation for the exam. However, please note that we do not control such content, we
cannot guarantee that it will be available or will result in your success, and we are not liable for your
use of the same. Please read the Disclaimers and Limitations of Liability below for more.

(MCAT is a registered trademark of the Association of American Medical Colleges. The AAMC does
not endorse our Products, sponsor our Products, approve our Products, or have any affiliation with
Ancient Brains Tutoring LLC. All third-party names, marks, and logos are the property of their
respective owners.)

You and Us

All references to “us” and similar words such as “we” and “our” in this license mean Ancient Brains Tutoring
LLC. All references to “you” and similar words such as “your” in this license mean the individual purchasing,
downloading, accessing, creating an account for, or using the Product, and if you are acting on behalf of a
business entity, it means both you and that business, and you and that business shall be jointly and severally
liable for all obligations under this license. By accepting this license on behalf of a business entity, you

represent and warrant that you have full legal authority to bind that business entity to the terms of this
license. We may require you to provide evidence of such authority upon request. If you are under eighteen
(18) years of age, a parent or legal guardian must create the account on your behalf, accept this license, and
complete any purchase. That parent or legal guardian agrees to be bound by this license, is jointly and
severally liable with you for all obligations hereunder, and is responsible for your compliance with this license
and all payment obligations.

Purchasing Products

Paid Products

Some Products are sold directly on our website, while others are sold on third-party platforms which we use
to market and sell Products (for example, Teachable, Kajabi, Udemy, or similar platforms). In the event of
any conflict between this license and the terms of any third-party platform, the terms of this license shall
control as between you and us to the fullest extent permitted by applicable law. ABT makes no
representations regarding and is not responsible for the terms, policies, or practices of any third-party
platform. Your use of any third-party platform is also subject to that platform’s own terms, policies, fees,
technical requirements, and privacy practices. Except as otherwise permitted by us, you shall not use any paid
Product until you have paid the purchase price for the same.

To purchase paid Products, you will be required to provide payment information to us or the platform. By
providing that payment information, you authorize us and the platform to charge your payment information
for the paid Products you purchase. If your purchase contemplates multiple payments (either installments, or
subscription payments), then we or the platform will use your payment information to make those charges as
well. You authorize recurring charges, installment charges, renewal charges, taxes, and other amounts
disclosed at the time of purchase until the applicable payment plan or subscription is completed, canceled, or
terminated in accordance with this license and the purchase terms presented to you. In those instances, you
must ensure your payment information remains valid so that we can make those charges. If your payment
information is declined for any reason, then we shall immediately suspend your access to the applicable
Products. If the payment failure is not cured within thirty (30) days of the original decline, we reserve the
right to permanently terminate your license and all rights granted hereunder. Any amounts remaining unpaid
shall become immediately due and payable, and we reserve all rights and remedies available at law or in equity
to collect such amounts.You shall not initiate a chargeback, payment reversal, or payment dispute for
amounts properly owed under this license without first contacting us and giving us a reasonable opportunity
to resolve the issue. Nothing in this provision limits any non-waivable rights you may have under the Fair
Credit Billing Act, the Electronic Fund Transfer Act, or other applicable law. Any chargeback, payment
reversal, or payment dispute initiated in violation of this provision shall constitute a material breach of this
license and shall entitle us to immediately suspend or terminate your access, recover the disputed amount, and
collect all fees, costs, and expenses we incur in connection with such chargeback or dispute, including
chargeback fees, processing costs, and reasonable attorney's fees.

Except as provided in this license, all fees must be paid in advance. We offer a seven calendar day satisfaction
refund window for eligible Products, as described on our website at the time of purchase. Any refund
window must be stated clearly at or before checkout and will apply only to the specific Product for which the
refund window is offered. Certain Products, including the MCAT Mastery Program and 1-on-1 tutoring hours, are expressly non-refundable and non-cancelable, which shall be clearly and conspicuously
disclosed at the point of sale prior to your purchase. Unless a refund is expressly offered at the time of
purchase or required by applicable law, all payments are final, non-refundable, and non-creditable, including
payments for digital downloads, completed services, subscriptions after renewal, promotional offers,
discounted Products, and Products for which access has already been provided. This refund policy does not
affect any statutory rights you may have under applicable consumer protection law. All fees are exclusive of
any applicable taxes and similar government assessments, to the extent required by applicable law, all of
which must be paid by you. Ancient Brains Tutoring LLC shall collect and remit taxes only as required by

applicable law. ABT reserves the right to adjust pricing to account for applicable taxes and to correct pricing,
typographical, or technical errors before accepting or fulfilling an order. All amounts payable by you under
this license shall be paid in full without any setoff, counterclaim, deduction, or withholding of any kind,
except as required by applicable law. You shall not withhold, delay, or reduce any payment on the basis of any
claim, dispute, or alleged breach by us, all of which shall be pursued separately in accordance with this license.
(We may also offer free, promotional access to paid Products, in our sole discretion. We may withdraw your
right to use any one or more of such promotional Products at any time, for any reason, with or without notice
to you. Promotional access has no cash value, is not transferable, may be limited in duration or functionality,
and may be modified or discontinued at any time to the fullest extent permitted by applicable law.)

Subscriptions and Renewals

Subscriptions and Automatic Renewals. If a Product is sold as a subscription, membership, installment plan,
payment plan, or automatically renewing service, the Product page, checkout page, or order confirmation
should disclose the material payment terms, including the amount charged, billing frequency, renewal period,
cancellation method, and any trial or promotional period. Unless otherwise stated at the time of purchase,
subscriptions renew automatically until canceled. We reserve the right to change subscription pricing upon
renewal by providing you with at least thirty (30) days' advance written notice (via email or account
notification) before your next renewal date; your continued subscription after such notice constitutes
acceptance of the new pricing. You may cancel a subscription using the cancellation method made available
through your account, the applicable third-party platform, or by contacting us at the email address listed in
the Contact section. Cancellation will stop future subscription charges but will not entitle you to a refund of
charges already incurred, except as expressly stated at the time of purchase or required by applicable law. If a
third-party platform processes your subscription, you may be required to cancel through that platform.
Version Records

Version Records.

ABT may maintain records showing the version of this license presented to you, the date
and time of acceptance, the Product purchased or accessed, the account or email address used, payment
information associated with the transaction, IP address, device or browser information, and related
transaction records. You agree that ABT may use those records to establish your acceptance of this license
and the terms applicable to your purchase, access, or use of a Product.

One-On-One Services

Most Products do not include any one-on-one services. However, some Products may include limited one-
on-one services with a member of our team. If such one-on-one services are included in a Product, it will be
clearly indicated in the Product’s description. One-on-one services are limited to the number, duration, scope,
expiration period, and scheduling rules stated in the Product description or written confirmation. In most
cases, the one-on-one services will be conducted through a virtual platform (such as Google Meet), and will
only include discussions on study techniques, practice questions, and related MCAT preparation topics. You
are responsible for maintaining the internet connection, hardware, software, camera, microphone, and other
technology reasonably necessary to participate. We are not responsible for your technology failures,
connectivity issues, missed messages, or inability to access a session, or for any failures or outages of third-
party platforms (such as Google Meet), except to the extent caused by our gross negligence or willful
misconduct. You may not record, capture, reproduce, or distribute any one-on-one session, in whole or in
part, without our prior written consent. Any unauthorized recording of a session shall constitute a material
breach of this license. We reserve the right to reschedule or cancel any one-on-one session upon reasonable
notice to you. If you fail to attend a scheduled session without providing at least twenty-four (24) hours
advance notice of cancellation or rescheduling, that session shall be deemed used and forfeited; provided,
however, that we will offer you one (1) complimentary reschedule per Product purchase as a courtesy, which
must be used within thirty (30) days of the missed session. If you arrive late, the session will still end at the
originally scheduled end time unless we agree otherwise. If you are more than ten (10) minutes late, we may

treat the session as missed. Any subsequent missed sessions without the required notice shall be forfeited
without any obligation on our part to reschedule or provide a substitute session. All such one-on-one services
are subject to the terms in this license and, if you separately sign a tutoring agreement with us, that tutoring
agreement will control the scope, scheduling, and delivery of the one-on-one tutoring services to the extent it
conflicts with this license, but the arbitration, class-action waiver, intellectual-property, indemnification,
disclaimer, and limitation-of-liability provisions of this license shall continue to apply unless expressly
superseded in the tutoring agreement.

User Accounts

We may allow you to create a user account (or we may create an account for you) to use portions of our
Products. If you create (or accept) an account, then we may request information about you as described in
our Privacy Policy, available at ancientbrainstutoring.com/privacy-policy. You represent that all account
information you provide is accurate, current, and complete, and you agree to keep that information updated.

You are responsible for everything that happens through your account, including all activity occurring under
your account whether authorized by you or not. You must keep your account credentials private and may not
allow other people to use your account. Any sharing of account credentials or access with a third party shall
constitute a material breach of this license and shall entitle us to terminate your license immediately and
invoice you for each unauthorized user at the then-current purchase price pursuant to the Payments for
Sharing section below. You agree to notify us immediately at luke@ancientbrainstutoring.com if you become
aware of any unauthorized use of your account. We may monitor account activity, access patterns, device
usage, IP addresses, downloads, and other technical information to protect our Products, detect unauthorized
sharing, enforce this license, prevent fraud, and maintain platform security. We may suspend or restrict access
if we reasonably believe your account has been compromised, misused, shared, or used in violation of this
license.

User Content and Privacy. You retain ownership of content, messages, responses, practice work, comments,
questions, files, videos, or other materials you submit to us or through a Product (“User Content”). You grant
us a limited, non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, use, and
store User Content solely to provide, support, secure, improve, and administer the Products; communicate
with you; maintain business records; comply with law; and resolve disputes. You shall not submit sensitive
personal information, protected health information, confidential school records, third-party confidential
information, or content that violates another person’s rights unless you have all necessary rights and authority
to do so. We will not sell your personal information. We will not use your name, likeness, testimonial, score,
or success story in a manner that personally identifies you for marketing without your prior written consent.
Nothing in this section restricts our right to use anonymized, aggregated, or de-identified data for marketing,
analytics, product improvement, or other business purposes.

Termination
You may terminate your user account (and/or your use of Products you purchase) at any time, by providing
written notice to us at luke@ancientbrainstutoring.com, subject to the other provisions in this license.
Termination of your account or discontinuation of your use of a Product does not, by itself, cancel payment
obligations, entitle you to a refund, or terminate any provisions that survive under this license.

If you purchase a Product using installment payments, and you terminate your user account before making all
installment payments to us, then all unpaid installments will become immediately due upon your termination.
We shall charge your payment information for all such unpaid installments upon that termination. If we are
unable to collect any unpaid installments through your payment information, you agree that we may pursue
all available legal remedies to collect such amounts, including through arbitration or, where permitted, in
small claims court or a court of competent jurisdiction as provided in the Arbitration section of this license.
You shall be responsible for all of our costs of collection, including court costs and reasonable attorneys’ fees,

to the fullest extent permitted by applicable law. Installment payments are a payment method for a fixed
purchase price and are not a right to cancel the unpaid balance unless the written purchase terms expressly
state otherwise.

If you purchase a Product that involves subscription payments, and you terminate your user account while
your subscription is active, then you will be responsible for paying us all subscription fees until your then-
current subscription period ends (which may be monthly, annual, or a different term). Unless otherwise stated
at the time of purchase, cancellation of a subscription prevents future renewal charges but does not create a
refund for the current subscription period.

License to Use Products

What You Can Do
When you purchase a Product, we grant you a limited, non-exclusive, non-transferable, non-sublicensable,
revocable license to view and use the Product for your own personal, non-commercial use only during the
applicable license term and only through the access methods authorized by us or the applicable platform. This
license is granted solely to you and may not be shared with, transferred to, or exercised by any third party.
You shall not use any Product, or any portion thereof, for any commercial purpose, including without
limitation using our content or methodology to provide tutoring, coaching, or other educational services to
third parties for compensation or otherwise. If the Product is subject to subscription payments, then this
license will terminate if you or we terminate your subscription. Upon termination or expiration of this license
for any reason: (a) all rights granted to you hereunder shall immediately and automatically terminate; (b) you
shall immediately cease all access to and use of the Products; (c) you shall delete or destroy all copies of the
Products in your possession or control, whether in digital or physical form; and (d) upon our written request,
you shall provide written certification of such deletion or destruction within five (5) business days.
Termination of this license shall not entitle you to any refund of fees previously paid. We are not obligated to
provide updates, upgrades, maintenance, support, continued hosting, or continued availability for any Product
unless expressly stated in writing at the time of purchase; provided, however, that for subscription Products
during an active, paid subscription period, we will use commercially reasonable efforts to make the Product
available, subject to the Disclaimers & Limitations of Liability and Force Majeure sections of this license.

What You Cannot Do
The license we grant to you to use the Product is limited. You cannot do any of the following:

● Share the Product with any third party or allow any third party to access the Product through your
account, device, login credentials, files, downloads, screenshots, recordings, links, or other means.
● Take screenshots or otherwise duplicate, screen record, download (except as expressly permitted), or
otherwise reproduce the Product in any way, in whole or in part.
● Make the Product publicly available to one or more third parties (for example, don’t make it available
for download online).
● Sell the Product, assign your license, or sublicense your rights in this license, to any third party.
● Create any derivative work using all or any portion of the Product which is then shared, sold, or
licensed, or which competes with our Products, to third parties.
● Use the Product in any manner not permitted in this license, or attempt to reverse engineer,
decompile, disassemble, or otherwise attempt to derive the source code, underlying methodology, or
trade secrets embodied in any Product.
● Remove, obscure, alter, or interfere with any copyright notice, trademark notice, watermark, access-
control feature, digital rights management feature, proprietary notice, or other ownership
designation.

● Scrape, crawl, index, data mine, bulk download, extract, harvest, or otherwise collect Product content
or platform data, whether manually, through automated tools, or through artificial-intelligence or
machine-learning systems.
● Upload, input, provide, transmit, or otherwise make any Product available to any artificial-intelligence
system, machine-learning model, content-generation tool, dataset, question bank, competitor,
tutoring service, or other third party.
● Use any Product to train, fine-tune, prompt, evaluate, benchmark, or improve any artificial-
intelligence system, machine-learning model, automated tutoring tool, or competing educational
product.
● Circumvent, disable, overload, impair, or interfere with the security, access controls, rate limits,
technological protection measures, or normal operation of any Product or platform.
● Use any Product in connection with cheating, academic dishonesty, violation of testing rules,
violation of honor codes, unauthorized use of exam content, or any unlawful purpose.

Payments for Sharing
If you share a paid Product with a third party and that third party uses that Product or exercises any of the
rights in this license without purchasing the same, then we shall invoice you for such use at the then-current
purchase price per unauthorized user, plus interest at the rate of one and one-half percent (1.5%) per month
(or the maximum rate permitted by applicable law, whichever is lower) from the date of first unauthorized
use, and you shall pay the full invoiced amount, including all accrued interest and our reasonable costs of
enforcement including attorneys’ fees, within thirty (30) days of our invoice. The purchase price for that third
party user shall constitute liquidated damages and not a penalty, representing a reasonable estimate of the
harm caused by such unauthorized use. You acknowledge that unauthorized sharing may cause harm that is
difficult to calculate, including lost sales, loss of control over confidential and proprietary content, platform
costs, investigation costs, and harm to our business. If a court or arbitrator determines that the liquidated-
damages amount is unenforceable, we may recover our actual damages and all other remedies available at law
or in equity. This section does not limit our right to seek injunctive relief.

Termination for Breach
If you breach any provision in this license, then we may provide you with written notice of such breach, and
if the breach is capable of being cured, you shall have ten (10) days from the date of such notice to cure the
breach to our reasonable satisfaction. If the breach is not cured within such period, or if the breach is
incapable of cure (including, without limitation, any unauthorized disclosure or distribution of the Products),
we may terminate the license granted to you immediately upon written notice and we will not have any
obligation to refund your payments to us. We may also immediately suspend access during any investigation
of suspected breach, unauthorized sharing, payment failure, security risk, fraud, academic-integrity concern,
or misuse of our Products. Upon such termination, you shall immediately cease all future uses of the Product
and all rights granted to you in this license will automatically be revoked. ABT reserves all rights and remedies
available at law or in equity arising from your breach, including the right to seek injunctive relief without the
requirement to post a bond or other security to the fullest extent permitted by applicable law.

We Own the Products
Your purchase of a Product does not constitute any assignment or transfer of ownership of the Product (or
underlying intellectual property relating the same). For clarity, we own and will continue to own, all Products
and all underlying intellectual property, including without limitation all copyrights, trademarks, service marks,
trade names, trade secrets, patents, patent applications, moral rights, and any other proprietary rights in or
relating to the same. All goodwill arising from use of our names, marks, Products, and materials belongs
exclusively to us. Any derivative works, compilations, or adaptations created using any portion of our
Products, whether authorized or unauthorized, shall vest in and be owned exclusively by us from the moment

of creation, and you hereby irrevocably assign to us all right, title, and interest in any such works. To the
extent any moral rights or similar rights exist and cannot be assigned under applicable law, you hereby
irrevocably waive and agree not to assert any such rights against us or our licensees. If you provide
suggestions, comments, feedback, corrections, ideas, or recommendations regarding any Product, you grant
us a perpetual, irrevocable, worldwide, royalty-free right to use the same without restriction or compensation.

DISCLAIMERS & LIMITATIONS OF LIABILITY
***THIS SECTION IS IMPORTANT. YOU SHOULD READ IT.***

All references to “us” (and similar words such as “we” and “our”) in this section mean Ancient Brains
Tutoring LLC and its parents, subsidiaries, and affiliates, and the respective owners, directors, officers,
managers, employees, contractors, and other representatives, of Ancient Brains Tutoring LLC and its parents,
subsidiaries, and affiliates.

Except as expressly provided in this license, the following provisions will apply to all free and paid Products.
You acknowledge and agree that the fees charged for the Products, the disclaimers of warranty, the
limitations of liability, the liability cap, and the other allocations of risk in this license reflect an agreed and
bargained-for allocation of risk between you and us, that this allocation of risk is an essential basis of the
bargain between the parties, that we would not offer the Products at the stated prices (or at all, in the case of
free Products) without such allocation, and that the pricing of the Products would be substantially higher
absent these provisions. These provisions shall apply notwithstanding the failure of any limited remedy of its
essential purpose.

● All Products are offered on an “AS IS” and “AS AVAILABLE” basis without any representations or
warranties of any kind.
● We do not make any guarantees regarding the sufficiency or applicability of a Product for your
situation, your academic performance, your MCAT score, your admissions results, your test-day
experience, or your eligibility for accommodations, registration, or admission.
● You represent that you have independently determined that the Products are suitable and appropriate
for your needs, that you are relying on your own judgment (and not on any statement, promise, or
representation by us not expressly set forth in this license) in deciding to purchase or use any
Product, and that you assume all risks associated with your use of the Products and your reliance on
any information contained in them, including all decisions relating to your studies, test preparation,
registration, accommodations, and admissions.
● Without limitation, we do not represent or warrant that (a) the information in the Products is free
from error, (b) the functionality of the Products will be uninterrupted, secure, or free of errors, (c)
defects in the Products will be corrected, or (d) that the Products or the equipment the Products use
are free of viruses.
● To the fullest extent permitted by law, we disclaim all representations and warranties (express,
implied, and statutory), including the implied warranties of merchantability, title, fitness for a
particular purpose, accuracy of data, and non-infringement, and all liability for identity theft and
other misuse of your identity or content except to the extent such liability cannot be excluded under
applicable law.
● We do not warrant, endorse, guarantee, or assume responsibility for, any product or service
advertised or offered by a third party on our services, or for any other websites or applications which
are linked to or referenced in our services. If you use or purchase any such products or services, or if
you click on any such links, you do so at your sole risk.
● We will not be liable to you or any third party for any indirect, special, incidental, consequential,
cover, or punitive damages (including lost profits or revenues, loss of data, loss of use, or costs of

obtaining substitute goods or services), arising out of or in connection with the Products or any links
provided in our services, except to the extent such damages result from our gross negligence or
willful misconduct, and in all cases subject to the liability cap set forth below. Nothing in this license
shall limit or exclude our liability for death or personal injury caused by our negligence, or for fraud
or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by
applicable law.
● All limitations of liability in this license will apply regardless of whether you or the third party bases
your/its claim on contract, tort, strict liability, or any other legal theory, and whether we knew or
should have known about the possibility of such damages.
● All limitations of liability in this license will apply to the fullest extent permitted by law.
● Subject to the limitations of liability in this license, and regardless of the legal theory on which any
claim is based (including claims arising from gross negligence or willful misconduct, except to the
extent prohibited by applicable law), our liability to you or any third party will not exceed the greater
of (a) the total fees actually paid by you to us for the specific Product giving rise to the claim in the
twelve (12) months immediately preceding the claim (provided that, for subscription Products, only
fees paid for the specific subscription period in which the claim arose will be included), or (b) one
hundred dollars ($100.00). Your sole remedy for dissatisfaction with free Products is to terminate the
license granted to you in this license.
● Any cause of action or claim which you may have which arises out of or in connection with the
Products must be brought (if at all) within one year after the cause of action or claim accrued.
Otherwise, such cause of action or claim will be permanently barred. This contractual limitations
period applies to the fullest extent permitted by applicable law and does not apply to claims that
cannot lawfully be shortened by contract.
● All the foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest
extent permitted by law. Nothing in this license is intended to waive non-waivable rights you may
have under applicable law.

Some jurisdictions do not allow certain disclaimers, limitations of liability, and exclusions. To the extent
such jurisdictions’ laws are applicable to your use of the Products, such disclaimers, limitations of
liability, and exclusions, will be limited to the extent permitted by the applicable law.

Indemnification
You shall indemnify Ancient Brains Tutoring LLC and its parents, subsidiaries, and affiliates, and the
respective owners, directors, officers, managers, employees, contractors, and other representatives, of Ancient
Brains Tutoring LLC and its parents, subsidiaries, and affiliates (the “Protected Parties”) against all
reasonable expenses including attorneys’ fees, costs, and damages of every kind (the “Losses”) arising out of
any suit, claim, investigation, or proceeding, which is threatened or brought against a Protected Party, related
to your (a) negligent, wrongful, or unauthorized use of any one or more Product or your account, (b) breach
of this license or any other policies referenced in this license, (c) submission of content that violates third
party rights or applicable laws, or (d) violation of applicable law. Your indemnification obligations do not
apply to the extent the Losses are finally determined to have resulted from our gross negligence, willful
misconduct, or fraud. We may, at your expense, assume the exclusive control and defense of any such matter.
You shall cooperate, at your expense, with our control and defense of any such matter. You shall not settle
any such matter without our prior written consent. Your indemnification obligations under this section shall
survive the termination or expiration of this license for any reason. ABT’s right to assume control of the
defense of a matter shall not relieve you of your indemnification obligations. You shall not take any action
that could prejudice any Protected Party’s rights or position in any such matter without ABT’s prior written
consent.

Arbitration

If a dispute arises between you and any Protected Party (defined above) related to our Products, this license,
or any policies referenced in this license, then the dispute will be resolved by binding arbitration rather than in
court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). The
Federal Arbitration Act governs the interpretation and enforcement of this Arbitration section to the fullest
extent permitted by law. Before initiating arbitration, the party asserting a claim must provide the other party
with written notice of the dispute, describing in reasonable detail the nature of the claim and the relief sought.
The parties shall attempt to resolve the dispute through good faith negotiation for a period of thirty (30) days
from delivery of such notice (the “Negotiation Period”). If the dispute is not resolved within the Negotiation
Period, either party may initiate arbitration. The arbitration shall be administered by the American Arbitration
Association (“AAA”) under its Consumer Arbitration Rules, which are available at www.adr.org or by calling
1-800-778-7879. If the AAA is unavailable, unwilling, or unable to administer the arbitration, the parties shall
confer in good faith to select a comparable arbitration provider, and if they cannot agree, a court of
competent jurisdiction shall appoint the arbitration provider or arbitrator. The costs of arbitration, including
filing fees, shall be allocated in accordance with the AAA’s Consumer Arbitration Rules and applicable law.
Notwithstanding the foregoing, either party may bring an individual claim in small claims court if the claim
qualifies under applicable rules. The arbitrator shall have authority to award the same damages and relief that
a court could award, subject to the limitations set forth in this license. The arbitrator shall decide all issues,
except that a court of competent jurisdiction shall decide issues concerning the formation, enforceability, or
scope of the class-action waiver below to the extent required by applicable law. To initiate an arbitration, you
must send a letter requesting arbitration and describing your claim to our registered agent on file with the
Missouri Secretary of State and to the notice address stated in the Contact section below, if different. The
arbitration proceedings will be held in Jackson County, Missouri, or virtually if both you and we agree to
virtual arbitration, unless the AAA Consumer Arbitration Rules or applicable law require a different location
or procedure for a consumer claim.

If this agreement to arbitrate is found not to apply to your claim, then both you and we agree that any judicial
proceedings will be brought in accordance with the legal provisions below. Either party may also seek
temporary, emergency, or provisional relief from a court to preserve the status quo or prevent irreparable
harm. Seeking such relief does not waive arbitration.

Notwithstanding the agreement to arbitrate above, we may assert a claim seeking injunctive or other equitable
relief from any court as necessary to stop unauthorized use or abuse of our Products or intellectual property
infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in
arbitration.

CLASS ACTIONS ARE PROHIBITED: All claims, including all arbitration claims, must be brought on
an individual basis and not as a plaintiff or class member in any purported class, consolidated, or
representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation
with other arbitrations, are not allowed. The arbitrator may award relief only in favor of the individual party
seeking relief and only to the extent necessary to resolve that individual party’s claim. If this class-action
waiver is found unenforceable as to a particular claim or request for relief, then that claim or request for relief
shall proceed in court and not in arbitration, but only to the extent required by law.

Legal Provisions

Governing Law &Jurisdiction
Your purchase and use of our Products, this license, and all policies referenced in this license, will be
governed by and construed in accordance with the laws of Missouri excluding its conflict of law principles,
except that the Federal Arbitration Act governs the Arbitration section as stated above. With respect to any
dispute arising out of or related to any of the foregoing, both you and we consent to jurisdiction in, and the
exclusive venue of, the state courts in Jackson County, Missouri, or when applicable in the United States
District Court for the Western District of Missouri, Western Division. You waive any objection based on

inconvenient forum, lack of personal jurisdiction, or improper venue to the fullest extent permitted by
applicable law.

Waiver of Jury Trial
You and we each waive trial by jury in all actions, proceedings, or counterclaims brought by either party
against the other on any matter arising out of or in any way connected to this license and all policies
referenced in this license. YOU ACKNOWLEDGE THAT THIS JURY WAIVER IS A MATERIAL
TERM OF THIS LICENSE, THAT YOU HAVE HAD AN OPPORTUNITY TO REVIEW THIS
LICENSE BEFORE ACCEPTING IT, AND THAT YOU ARE KNOWINGLY AND VOLUNTARILY
WAIVING THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Miscellaneous

Our Termination Rights
We may temporarily or permanently terminate the license we grant to you at any time, in our sole discretion,
including without limitation if you violate any provisions in any terms or agreements which you have with us.
For paid Products, if we terminate access without cause, your sole and exclusive remedy will be a pro-rata
credit (or, at our option, a pro-rata refund) of unused prepaid fees for the remaining portion of the then-
current paid access period, as determined by us in good faith; provided, however, that one-time setup fees,
activation fees, and similar non-recurring administrative charges are excluded from such pro-rata calculation.
For free or promotional Products, we may modify, suspend, or terminate access at any time without liability.
We shall provide you with written notice of such termination where practicable, except where we determine
in our sole discretion that immediate termination is necessary to protect our intellectual property, business
interests, or other users. Termination does not limit any rights or remedies that accrued before termination.

Entire Agreement
This license and all policies referenced in this license (if applicable to you), contain the entire agreement
between you and us related to your purchase and use of our Products, this license, and all policies referenced
in this license, and supersede all prior discussions and agreements (whether oral or written) by you and us
related to the same. No course of dealing, course of performance, usage of trade, or industry custom shall be
used to interpret, supplement, modify, or qualify any provision of this license. Any Product page, checkout
page, invoice, order confirmation, subscription terms, refund disclosure, Privacy Policy, or other written
policy referenced at the time of purchase is incorporated only to the extent applicable to the Product
purchased and not inconsistent with this license. The headings in this license are for convenience only and
shall not affect its interpretation. This license shall not be construed against the drafter. The word “including”
means “including without limitation.” Any reference to a statute or regulation includes all amendments
thereto. This license may be executed electronically, and electronic signatures shall be deemed valid and
binding to the same extent as original signatures. You consent to transact electronically and agree that
electronic records, electronic signatures, click-through acceptance, checkbox acceptance, account creation,
payment submission, scanned signatures, and PDF copies are valid and enforceable to the fullest extent
permitted by applicable law No third party shall be a beneficiary of this license or have any rights hereunder
unless expressly stated.

Waiver
Any failure or delay by us to exercise any right or remedy in this license will not operate as a waiver of the
same. Any waiver by us of a breach by you of any provision in this license will not operate as a waiver of any
subsequent breach. Any waiver by us will not be effective unless and until it is in written form and signed by
us.

Force Majeure

Neither party shall be liable for any failure or delay in performance under this license to the extent such
failure or delay is caused by circumstances beyond that party’s reasonable control, including without
limitation acts of God, natural disasters, pandemic, governmental actions, war, terrorism, labor disputes, or
interruptions of internet or other utilities (“Force Majeure Event”). The party affected by a Force Majeure
Event shall promptly notify the other party and shall use commercially reasonable efforts to resume
performance as soon as practicable. For clarity, a Force Majeure Event shall not excuse any obligation to
make payments due or to become due under this license or any obligation relating to confidentiality,
intellectual property, account security, academic integrity, or prohibited use.

Severability
Each provision in this license will be treated as separate and independent of the other provisions.
Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision will
be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not
possible, then the unenforceable provision will be deemed removed from this license, but the remaining
provisions will remain in full force. The parties intend that all limitations, disclaimers, payment obligations,
license restrictions, intellectual-property protections, arbitration provisions, class-action waivers, forum-
selection provisions, and jury waivers be enforced to the maximum extent permitted by applicable law. The
following sections of this license shall survive any termination or expiration of this license: We own the
Products; User Content and Privacy; Payments for Sharing; Termination for Breach; Disclaimers & 
Limitations of Liability; Indemnification; Arbitration; Legal Provisions; Version Records; Force Majeure;
Waiver; Assignment; and any payment obligations accrued prior to termination.

Assignment
You may not assign your rights or obligations in this license or any policies referenced in this license without
our prior written consent. Any attempted assignment by you will be null and void. We may assign our rights
and obligations in this license at any time, for any reason. We will use commercially reasonable efforts to
provide you with written notice of any such assignment within thirty (30) days thereof, but failure to provide
such notice shall not affect the validity or enforceability of the assignment. We may also use employees,
contractors, service providers, payment processors, platform providers, hosting providers, technology
providers, and administrative vendors to perform or support this license without such use constituting an
assignment. This license shall be binding upon and inure to the benefit of the parties and their respective
permitted successors and assigns.

Power to Amend this License
The provisions in this license will apply to all Products you purchase, download, access, or use on or after the
Effective Date.

If we amend this license in the future, then the amended versions will apply to your future purchases as
applicable. We may update, modify, replace, remove, or discontinue Product content, features, delivery
methods, platforms, and technical requirements without amending this license, provided that we do not
materially reduce a paid Product during the applicable paid access period without providing a reasonable
substitute, credit, or refund as required by applicable law or as we otherwise determine in good faith.

However, if your Product includes on-going services (such as ongoing courses, member forums, and the like),
then the amended versions will become effective as follows: (a) for amendments that do not materially alter
your rights or obligations, immediately when they are posted on the website or are otherwise sent to you, or
(b) for amendments that materially alter your rights or obligations, upon the earlier of (i) your continued use
of the on-going services with actual knowledge of the amendments, or (ii) 30 days after the amendments are
posted on the website or are otherwise sent to you. Material amendments will not retroactively impose new
payment obligations for Products already purchased unless you expressly agree. If you do not agree to an

amended license applicable to ongoing services, your sole remedy is to stop using the ongoing services and
cancel future renewals, subject to the payment and refund terms that applied at the time of purchase.

Contact
Unless otherwise required by this license or by law, you may contact us at luke@ancientbrainstutoring.com.
For all formal legal notices required under this license, notices must be sent in writing by certified mail or
nationally recognized overnight courier to: Ancient Brains Tutoring LLC, 1320 Northwest Swann Road, Lee’s
Summit, Missouri 64086. Attention: Legal. Notices shall be deemed given upon receipt. We may provide non-
legal notices to you by email, through your account, through the applicable platform, or by posting on our
website. You are responsible for keeping your contact information current.

Acceptance of Electronic Agreement
By clicking “I agree,” checking an acceptance box, creating an account, purchasing, downloading, accessing,
or using any Product, you acknowledge that you have read, understood, and agree to be bound by this license,
including the arbitration agreement, class-action waiver, refund policy, subscription/payment terms,
disclaimers, and limitations of liability. You consent to transact electronically and agree that your electronic
acceptance has the same legal effect as a handwritten signature to the fullest extent permitted by applicable
law. If you do not agree to this license, you may not purchase, download, access, create an account for, or use
any Product.