Terms & Conditions

Welcome to Third Mind Learning. Adaptive Tutors LLC, doing business as Third Mind Learning ("Third Mind Learning"), provides coaching and consulting services, website features, and related materials to you when you visit www.thirdmindlearning.com or any other site or page that links to these Terms, book a call with us, enroll in a Third Mind Learning program, or use any materials, tools, or communications we provide in connection with any of the foregoing (collectively, "Third Mind Learning Services"). Third Mind Learning provides these services subject to the following conditions.

Agreeing to These Terms & Conditions

Third Mind Learning helps families of ambitious, college-bound teens who struggle with SAT and ACT test anxiety perform at their best when it matters most, so they can earn scores that reflect their true potential and open more doors to college and scholarships. Our Services are purchased by parents and legal guardians on behalf of high school students. Most of these Terms apply to everyone who uses our website. Some apply only to families who enroll in a program. If these Terms are inconsistent with a signed enrollment agreement, the enrollment agreement will apply.

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE "TERMS") BEFORE ACCESSING OR USING WWW.THIRDMINDLEARNING.COM OR ANY OTHER OF OUR SITES OR ONLINE RESOURCES WHICH LINK TO THESE TERMS, OR BEFORE BOOKING A CALL, ENROLLING IN A PROGRAM, OR PLACING AN ORDER.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 16, 17, AND 18). YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 18. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

General Use

The use of www.thirdmindlearning.com or other sites or online resources to which these Terms are linked (each, a "Website"), owned and maintained by Adaptive Tutors LLC (DBA Third Mind Learning) ("Third Mind Learning," "we," "our," "us"), is governed by these Terms. We offer the Website, including all information, tools, and services available from the Website, to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing or using the Website, submitting your information, booking a call, or enrolling in a program, you agree to the terms and conditions set forth here. If you do not agree to these Terms in their entirety, you are not authorized to use the Website or Services.

THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (THE "AGREEMENT") BETWEEN YOU ("YOU") AND THIRD MIND LEARNING. IF YOU ENROLL A STUDENT, YOU ALSO AGREE TO THESE TERMS ON THE STUDENT'S BEHALF. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY THIRD MIND LEARNING, AND ANY ENROLLMENT OR ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, BY VIDEO CALL, OR BY ANY OTHER ACCEPTED METHOD OF PURCHASE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Third Mind Learning reserves the right to update and change these Terms from time to time by posting updates to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://thirdmindlearning.com/terms/. Use of the Website after such changes constitutes acceptance of those changes. Any new features or services added to the Website are also subject to these Terms.

Table of Contents

  1. Website Use and Eligibility
  2. Website User Conduct and Restrictions; License Terms
  3. Our Privacy Policy and Your Personal Information
  4. Information You Provide; Client Accounts; Passwords
  5. Enrollment, Order Placement, and Acceptance
  6. Refunds and Cancellation
  7. Payment Terms, Payment Plans, and Automatic Payments
  8. Scheduling, Rescheduling, and Missed Sessions
  9. Programs, Services, and Prices
  10. Disclaimer – Individual Results Will Vary
  11. Nature of Our Services and Family Responsibilities
  12. Text Messaging (SMS) Terms
  13. Testimonials, Reviews, and Pictures/Videos
  14. Session Recordings
  15. Code of Conduct and Compliance with the Law
  16. Disclaimers of Other Warranties
  17. Limitations of Liability
  18. Dispute Resolution by Binding Arbitration and Class Action Waiver
  19. Third Mind Learning's Additional Remedies
  20. Indemnification
  21. Notice and Takedown Procedures; Copyright
  22. Third-Party Links, Tools, and Trademarks
  23. Termination
  24. No Waiver
  25. Governing Law and Venue
  26. Force Majeure
  27. Assignment
  28. Electronic Signature and Communications
  29. Changes to the Agreement
  30. Your Additional Representations and Warranties
  31. Severability
  32. Entire Agreement
  33. Contacting Us

Section 1: Website Use and Eligibility

The Website and our Services are intended for parents and legal guardians. If you use the Website to purchase Services, you are affirming that you are at least 18 years old or the legal age of majority in your state of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

Our programs are designed for high school students, typically ages 13 to 18. A parent or legal guardian must enroll any student under 18 and is responsible for the student's participation. The Website is not directed to children under 13.

Section 2: Website User Conduct and Restrictions; License Terms

All aspects of our Website and program materials are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text, logos, taglines, images, frameworks, worksheets, slides, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website or in our programs may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way except as these Terms allow. The Third Mind Learning name and logo are proprietary marks of Adaptive Tutors LLC, and their use without our written permission is prohibited.

Subject to your continued compliance with these Terms, Third Mind Learning grants you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website for personal, non-commercial purposes.

If you enroll in a program, Third Mind Learning grants you and the enrolled student a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use the program materials for the enrolled student's own learning. You acknowledge and agree that: (1) the materials are copyrighted and exclusively owned by Adaptive Tutors LLC or its licensors; (2) you do not acquire any ownership rights in the materials; (3) you may not modify, publish, transmit, sell, or create derivative works from the materials; (4) except as permitted by copyright law, you may not copy, redistribute, publish, display, or commercially use any material without our written permission; and (5) you may not share program materials or recordings with other families, tutors, or test-prep providers.

You agree not to use the Website or Services in any unlawful manner or any manner harmful to Third Mind Learning, including, but not limited to, refraining from:

Harmful Acts. Any dishonest or unethical practice; any violation of the law; hacking or other attacks on the Website; scraping, crawling, or otherwise copying content on the Website in any way we haven't specifically permitted; introducing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; and infringing the intellectual property rights of Third Mind Learning or any third party.

Offensive Communications. Any communication sent to us or posted in connection with our Services that is sexually explicit, obscene, vulgar, offensive, hateful, threatening, harassing, defamatory, or discriminatory, or that encourages unlawful behavior.

Sensitive Information. Please do not send us Social Security numbers, full payment card numbers, passwords, or medical records by email, text, or form. Payment information should be entered only through our secure payment pages.

Section 3: Our Privacy Policy and Your Personal Information

We respect your privacy and your student's privacy. Your submission of personal information through the Website or in connection with our Services is governed by our Privacy Policy, which may be viewed at https://thirdmindlearning.com/privacy/. Our Privacy Policy explains what we collect from parents and students, how we use it, and the choices you have. Third Mind Learning may update its Privacy Policy from time to time. Our Privacy Policy is incorporated into this Agreement by reference.

Section 4: Information You Provide; Client Accounts; Passwords

You agree that the information you provide to us, including information about your student, is truthful and accurate, and that you are not impersonating another person.

If we give you or your student access to a client portal, course area, or shared workspace, you are responsible for keeping login credentials confidential and for all activity under your account. You agree not to share login credentials or program access with anyone outside your household. Only the enrolled student and their parent or guardian may use program access. We may suspend or end access if credentials are shared or transferred.

Section 5: Enrollment, Order Placement, and Acceptance

Enrollment in a program is confirmed when we accept your enrollment and receive your first payment, as stated in your enrollment agreement or order form. An order confirmation email alone does not mean we have accepted your enrollment. We may ask for additional information and may decline or limit any enrollment at our discretion, including if we believe the program is not a good fit for your student.

Program spaces are limited. If we cannot offer the program you selected, we will tell you, may offer an alternative start date or program, and will refund any payment for that program if you decline the alternative. We reserve the right to limit the sale of our Services to any person or geographic region.

All advertised prices are in, and all payments shall be in, U.S. Dollars.

Section 6: Refunds and Cancellation

You have three (3) days after the date of purchase to cancel your enrollment for a full refund. Cancellation requests must be in writing and sent to hello@thirdmindlearning.com. After the cancellation period, all sales are final and Third Mind Learning does not offer any additional refund or exchange, except as stated in this Section.

If you choose to stop participating before the end of the program, you remain responsible for the full program fee, including any remaining installments under a payment plan. Digital materials are considered used once they have been delivered or accessed.

If we end a family's participation for reasons other than a breach of these Terms, or if we are unable to deliver the program, we will refund the portion of fees paid for sessions not yet delivered.

Section 7: Payment Terms, Payment Plans, and Automatic Payments

You are responsible for paying all fees for the Services you purchase, as stated in your enrollment agreement or order form. Fees are payable in full at enrollment or in scheduled installments if we offer, and you choose, a payment plan.

Payments are processed by a third-party payment processor. Payment details are collected through the processor's secure checkout. We may keep limited transaction records, such as the last four digits and expiration date of the card used, together with details on when payments are due.

If you choose a payment plan, you authorize us to automatically charge your payment method for each installment on the schedule shown in your enrollment agreement until the full program fee is paid. Not attending sessions or not using the Services does not relieve you of your payment obligations.

If an installment fails, we will notify you and may retry the charge. We may pause Services until your account is current. If an unpaid balance is sent to collection, you will be responsible for reasonable collection costs to the extent permitted by law. Applicable taxes, if any, are your responsibility.

If you have a billing concern, please contact us at hello@thirdmindlearning.com before contacting your card issuer, so we can resolve it quickly.

Section 8: Scheduling, Rescheduling, and Missed Sessions

Coaching sessions are held on a set schedule, typically by online video call. Most sessions are group sessions. Some programs may also include scheduled one-on-one sessions.

Group sessions take place at their scheduled times and cannot be rescheduled for an individual student. Missed group sessions are not made up or refunded. Where a recording is available (see Section 14), the student may watch it.

One-on-one sessions. To reschedule, please give at least 24 hours' notice by email or by replying to your appointment reminder. Sessions missed without that notice may be forfeited and are not refunded or made up, at our discretion.

If we need to reschedule any session, we will give as much notice as possible and offer a replacement time.

Programs are designed around specific test dates. Missed or delayed sessions may affect how much of the program is completed before a test date, and do not extend the program or entitle you to a refund.

Section 9: Programs, Services, and Prices

Program descriptions and prices are provided on our Website, during consultation calls, or in your enrollment agreement, and are subject to change. We may discontinue or modify programs, curricula, or prices at any time without obligation to you. Price changes do not affect a program you have already enrolled in.

We take reasonable steps to describe our Services accurately. If a price is listed in error, we will contact you before accepting your enrollment. References to third-party products, apps, devices, or services are not endorsements or warranties by Third Mind Learning.

Section 10: Disclaimer – Individual Results Will Vary

Every student is different, with different preparation, strengths, schedules, and challenges. Therefore, individual results will vary from student to student. YOUR STUDENT'S RESULTS WILL VARY DEPENDING ON A VARIETY OF FACTORS, INCLUDING BUT NOT LIMITED TO THE STUDENT'S EFFORT, CONSISTENCY, PRIOR PREPARATION, HEALTH, AND TEST-DAY CONDITIONS.

Third Mind Learning does not promise, guarantee, or warrant any specific test score, score increase, reduction in anxiety, college admission, or scholarship award. Admissions and scholarship decisions are made by colleges and scholarship committees, and tests are administered and scored by the College Board and ACT, none of which we control.

Any testimonials, examples, or research we reference describe individual or third-party experiences and are not a promise of what your student will achieve. You should enroll with the understanding that the program takes time and effort from the student and the family, and that results are not guaranteed.

Section 11: Nature of Our Services and Family Responsibilities

Coaching, not therapy or medical care. Our Services are educational coaching and consulting. They are not psychological, psychiatric, medical, or counseling services, and they are not a substitute for them. We are not licensed mental health professionals or medical providers, and nothing we provide is a diagnosis or treatment of any condition, including anxiety disorders, ADHD, or learning disabilities. Breathing, focus, and heart-coherence techniques are general wellness practices. A student with a medical or mental health condition should consult a qualified professional before starting any new practice and should not stop or change any treatment or medication because of anything we teach. If a student is in crisis or at risk of harm, contact 911 or the 988 Suicide & Crisis Lifeline (call or text 988) right away.

No tax, financial, or legal advice. We do not provide tax, financial, legal, or college-admissions counseling services. Consult the appropriate professional for advice on those topics.

Family responsibilities. Our programs work best when the whole family is committed. By enrolling, the parent or guardian and student agree to attend scheduled sessions on time; complete assigned practice, reflection, and preparation between sessions; take any diagnostic or practice tests the program calls for; communicate honestly about progress and obstacles; and support a home environment that allows the student to practice consistently for the full length of the program. We may decline to enroll, or may end participation for, any family that is abusive, disruptive, consistently disengaged, or otherwise not a good fit for the program.

Section 12: Text Messaging (SMS) Terms

We use text messaging primarily to send appointment reminders and updates about upcoming sessions and meetings.

  • Program name: Third Mind Learning Appointment Reminders.
  • How you opt in: You consent to receive text messages when you provide your mobile number and check the consent box on one of our forms, book an appointment, or otherwise agree in writing to receive texts. Consent to receive text messages is not a condition of purchase.
  • What we send: reminders of scheduled calls and coaching sessions, scheduling and rescheduling notices, and occasional service-related updates about your program.
  • Message frequency: message frequency varies based on your scheduled appointments, typically 1 to 4 messages per week while you are an active client or have an upcoming call.
  • Cost: Message and data rates may apply, according to your mobile carrier plan.
  • Opt out: reply STOP to any message at any time to stop receiving texts. You will receive one final message confirming that you have been unsubscribed.
  • Help: reply HELP to any message, or email hello@thirdmindlearning.com, for assistance.
  • Carriers: mobile carriers are not liable for delayed or undelivered messages.
  • Minors: text messages are sent to the parent or guardian who enrolls the student. We text a student's own mobile number only with the parent's or guardian's consent.
  • Privacy: your mobile number and text-messaging consent are handled as described in our Privacy Policy https://thirdmindlearning.com/privacy/. We do not sell or share mobile numbers or text-messaging opt-in data with third parties for their marketing purposes.

Section 13: Testimonials, Reviews, and Pictures/Videos

We welcome your feedback about our Services. If you give us a testimonial or review, you allow Third Mind Learning to use it, in whole or in part, in printed and online media, together with your first name and last initial and your city and state (or anonymously, if you ask). Testimonials represent the unique experience of the families who give them and do not necessarily reflect the experience your student will have. As stated in Section 10, results vary.

We will never publish a student's name, image, voice, test scores, or other identifying details without the written permission of the student's parent or guardian.

We may correct grammatical and typing errors, shorten testimonials, and review them before use, and we are under no obligation to use any testimonial. Testimonials, photos, and other materials you provide for marketing purposes are treated as non-confidential, and by providing them with the permissions described above, you grant Third Mind Learning a royalty-free, worldwide, perpetual, non-exclusive license to use them. You may ask us to stop using your testimonial in future materials at any time.

Section 14: Session Recordings

With your consent, we may record coaching sessions so students can review them and so we can improve our coaching. Recordings of one-on-one sessions are shared only with the enrolled family. Recordings of group sessions are shared only with the participants and families enrolled in that group. All recordings are handled as described in our Privacy Policy. You and your student may not record sessions without our consent. Applicable law may require the consent of all parties to record a confidential conversation, and we will ask for yours before recording.

Section 15: Code of Conduct and Compliance with the Law

We are committed to a respectful, safe environment for students, families, and our team. You agree that you and your student will not use our Services, alone or together with any other software or service, to harass, threaten, or abuse anyone; to transmit malware or any material that is unlawful, infringing, defamatory, or harmful; or to promote or assist any such behavior. You agree to comply with all laws that apply to your use of the Website and Services. We may end Services immediately for any violation of this Section.

Section 16: Disclaimers of Other Warranties

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

THE WEBSITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM, THAT: (A) THE WEBSITE OR ANY ONLINE TOOL WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE; (B) THE SERVICES WILL PRODUCE ANY PARTICULAR SCORE, ADMISSION, SCHOLARSHIP, OR OTHER RESULT, OR WILL MEET YOUR EXPECTATIONS; (C) ANY INFORMATION ON THE WEBSITE IS COMPLETE, CURRENT, OR ERROR-FREE; OR (D) THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Section 17: Limitations of Liability

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL THIRD MIND LEARNING OR ANY OF ITS OWNERS, MEMBERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF OPPORTUNITY, ADMISSION, SCHOLARSHIP, OR EXPECTED RESULTS, ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES, OR YOUR OR A THIRD PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR SERVICES, EVEN IF THIRD MIND LEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS APPLIES REGARDLESS OF HOW THE DAMAGES ARE ALLEGEDLY CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE CLAIM AROSE.

Section 18: Dispute Resolution by Binding Arbitration and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW AND UNLESS YOU OPT OUT AS DESCRIBED BELOW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

Informal resolution first. If you have a complaint, you agree to first contact us at hello@thirdmindlearning.com so we can try to resolve it informally. If we cannot resolve it within 60 days, either party may begin arbitration.

Arbitration rules. Any claim arising out of or related to the Website, the Services, these Terms, the Privacy Policy, or your relationship with us that is not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the claim is filed (available at www.adr.org or by calling 1-800-778-7879). The arbitration will be conducted by a single neutral arbitrator, by video, telephone, or written submissions, or, if an in-person hearing is held, at a reasonable location near your residence as provided by the AAA's Consumer Arbitration Rules. Payment of filing, administration, and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules. Judgment on the award may be entered in any court with jurisdiction.

Exceptions. Either party may bring an individual claim in small claims court instead of arbitration, and either party may seek injunctive relief in court for intellectual property infringement as described in Section 19.

Class action waiver. You and Third Mind Learning agree that disputes will be arbitrated only on an individual basis and will not be consolidated or brought on a class-wide or representative basis. If this class action waiver is found unenforceable, this entire arbitration provision shall be void.

30-day opt-out. You may opt out of this arbitration provision by emailing hello@thirdmindlearning.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in court as described in Section 25.

Time limit. Except where prohibited by law, all claims must be brought within one (1) year after the claim arises.

This arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and survives termination of your relationship with Third Mind Learning. If any portion of it other than the class action waiver is found unenforceable, the remaining portions remain in effect.

Section 19: Third Mind Learning's Additional Remedies

In the event of any breach or threatened breach of this Agreement, or any infringement or threatened infringement of Third Mind Learning's intellectual property, including unauthorized copying or distribution of program materials, Third Mind Learning may seek a temporary restraining order, preliminary and permanent injunctions, or other equitable relief from a court of competent jurisdiction in Kings County, New York. Nothing in this Agreement prevents Third Mind Learning from pursuing other remedies available to it, including monetary damages. You consent to the personal jurisdiction of, and venue in, the courts in Kings County, New York, for such claims.

Section 20: Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Third Mind Learning and its owners, members, employees, independent contractors, and agents from and against any claims, losses, liabilities, damages, and costs, including reasonable attorneys' fees, arising out of (1) your or your student's misuse of the Website or Services, (2) information you submit that you did not have the right to share, (3) your breach of these Terms, or (4) your violation of any law or the rights of a third party.

Section 21: Notice and Takedown Procedures; Copyright

If you believe that material on the Website infringes a copyright you own, you or your agent may send us a notice asking us to remove it. If you believe someone has wrongly filed a notice against you, you may send us a counter-notice. Notices and counter-notices should include the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) and be sent to Adaptive Tutors LLC (DBA Third Mind Learning), Attention: Copyright Agent, 11870 Santa Monica Blvd STE 106467, Los Angeles, CA 90025, or by email to hello@thirdmindlearning.com.

Section 22: Third-Party Links, Tools, and Trademarks

The Website and Services may link to or use third-party websites and tools, such as scheduling, video-conferencing, payment, practice-test, and messaging platforms. Third Mind Learning is not responsible for the content, functionality, or privacy practices of any third-party website or tool, and your use of them is subject to their own terms. See our Privacy Policy for more details.

SAT is a registered trademark of the College Board, and ACT is a registered trademark of ACT Education Corp. HeartMath is a registered trademark of HeartMath, Inc. None of these organizations is affiliated with or endorses Third Mind Learning.

Section 23: Termination

This Agreement takes effect when you first access the Website, submit information through the Website, book a call, or enroll in a program, whichever is earliest. If you fail, or we reasonably believe you have failed, to comply with these Terms, we may end this Agreement or suspend your access to the Website or Services, with notice where practical. Sections 10, 13, and 16 through 33 of this Agreement, and any payment obligations you have incurred, survive termination. Upon termination, you remain responsible for any outstanding payments to Third Mind Learning, subject to Section 6.

Section 24: No Waiver

No failure or delay by Third Mind Learning in exercising any right, power, or remedy under this Agreement operates as a waiver of it, and no single or partial exercise of any right prevents any other or further exercise of it. A waiver is effective only if in writing and signed by Third Mind Learning.

Section 25: Governing Law and Venue

This Agreement and any dispute arising out of or related to it, the Website, our Privacy Policy, or your purchase or use of any Services shall be governed by the laws of the State of New York, without regard to its conflict-of-law principles. To the extent any claim is excluded from arbitration under Section 18, or if you opt out of arbitration, the claim shall be brought exclusively in the state or federal courts located in Kings County, New York, and you consent to the personal jurisdiction of, and venue in, those courts.

Section 26: Force Majeure

Third Mind Learning will not be responsible to you for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, illness, internet or platform outages, or changes to test dates or formats by testing organizations. In those cases, we will work with you to reschedule affected sessions.

Section 27: Assignment

Third Mind Learning may assign its rights under this Agreement, including in connection with a sale or reorganization of its business. Your rights under this Agreement may not be assigned or transferred to another family or student without our written consent.

Section 28: Electronic Signature and Communications

All information communicated on the Website is an electronic communication. When you communicate with us through the Website, email, text message, or other electronic means, you are communicating with us electronically. You agree that we may communicate electronically with you, and that electronic notices, disclosures, agreements, and signatures have the same force and effect as if they were in writing and signed.

Section 29: Changes to the Agreement

You can review the most current version of these Terms at any time at https://thirdmindlearning.com/terms/. We may update, change, or replace any part of this Agreement, including the Privacy Policy, by posting changes to our Website. Your continued use of the Website after changes are posted constitutes acceptance of those changes. Changes do not alter the terms of a program you have already enrolled in, which continues to be governed by the Terms and enrollment agreement in effect when you enrolled.

Section 30: Your Additional Representations and Warranties

You represent and warrant that: (1) you are at least eighteen (18) years of age, or the legal age of majority in your state, whichever is greater; (2) you are the parent or legal guardian of any student you enroll, or are otherwise legally authorized to enroll that student and agree to these Terms on the student's behalf; (3) you have read this Agreement and understand and agree to its terms; and (4) you will not resell, share, or redistribute any Services or materials you purchase. You further agree that Third Mind Learning may rely on the information you provide and may contact you by email, telephone, text message (as described in Section 12), or mail about your enrollment, scheduling, satisfaction surveys, and inquiries about programs you purchased or considered.

Section 31: Severability

If any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, the remaining provisions remain in full force and effect, and the affected provision will be modified or severed only to the extent necessary to make it enforceable.

Section 32: Entire Agreement

These Terms, the Privacy Policy, any signed enrollment agreement, and any policies we post on the Website are the entire agreement between you and Third Mind Learning about the Website and Services, and they replace any prior or contemporaneous agreements, representations, or communications, oral or written. If a signed enrollment agreement conflicts with these Terms, the enrollment agreement controls. New services or features we offer are also subject to these Terms. Any ambiguity in these Terms will not be construed against the drafting party.

Section 33: Contacting Us

We encourage families to contact us with questions or comments about our programs. Please email hello@thirdmindlearning.com.

If you have questions about these Terms, you may contact Third Mind Learning by email at hello@thirdmindlearning.com or by mail at:

Adaptive Tutors LLC (DBA Third Mind Learning)
11870 Santa Monica Blvd STE 106467
Los Angeles, CA 90025

Last updated: October 2, 2026

Copyright 2026 – Adaptive Tutors LLC (DBA Third Mind Learning) – All Rights Reserved