Drafted October 24th, 2019, revised October 30th, 2019.
These terms and conditions act as a contractual agreement (“Agreement”) between you and Ace Med Boards (“Ace Med Boards”, “Ace Med Boards Tutors”, “us”, “we”, “our”), and applies to your use of https://acemedboards.com (“Site”) and to tutoring services provided through the Site. If you do not agree to be bound by the terms of this Agreement as detailed herein, please do not use or access the website. You represent that you are at least 18 years old and legally competent to enter into this agreement.
By agreeing to these Terms & Conditions, you expressly agree to mandatory arbitration to resolve any legal claims against us and waive your right to pursue a jury trial or participate in a class action lawsuit filed against us.
1. TUTORING SERVICES. You have the option, but not obligation, to purchase tutoring services (“Tutoring”) from us, with pricing detailed on the “Tutoring” and “Course” pages of the Site on the following terms:
2. Services. Should you select to purchase individual hourly tutoring (“Hourly Tutoring”), we will provide you with the following tutoring services: a single one hour session of one-on-one tutoring with one of our tutors, which may include topics you are having difficulty with supplemented with tutoring analyzing multiple-choice questions for the USMLE or COMLEX. Following this tutoring session, you may request additional Tutoring and we have the right, but not obligation, to provide additional sessions. Should you select to purchase a Tutoring Package, we agree to provide you with tutoring sessions for the listed duration of the package, with one of our tutors. We are not obligated to provide you with sessions with any particular tutor. The parties agree the initial tutoring session and any subsequent sessions shall be governed by the terms and conditions of this Agreement.
3. Fees. The fees for Hourly Tutoring and Tutoring Packages are detailed on the Tutoring page on the Site, as well as the Course fees detailed on the Course page on the Site. which is incorporated herein. Should you wish to pursue additional Tutoring sessions, the fees for such sessions may be found on the Site Tutoring page and are incorporated into this Agreement by reference. Payment takes place through Paypal or Stripe. For Tutoring Packages, payments will be made upfront, via credit card or Paypal payment through Paypal or Stripe.
4. Canceling. You may cancel Individual Tutoring sessions by giving twenty-four (24) hours notice of said cancellation prior to the next scheduled Individual Tutoring session. The cancellation may be for one session or all future sessions. Notice may be provided by sending a message of cancellation to the email accounts used by either party to schedule Individual Tutoring sessions. Notice shall be considered given when sent. Failure to provide twenty-four (24) hours notice for cancellation/changes to sessions will result in a penalty of the hours allocated for that session and you will lose such time and the entire associated lesson fee or package credit and will not be allowed to reschedule the hours. In turn, we agree to make all reasonable efforts to keep to the agreed upon times for Individual Tutoring sessions with you. However, you agree that we may reschedule tutoring sessions as needed without penalty given, but not limited to, the fact your tutor may have other obligations that arise on short notice. If we are required to reschedule at the last moment, we will provide you with notice and reschedule the Individual Tutoring session at a time convenient to both parties.
5. Refunds. You agree that a refund request will only be considered under extraordinary circumstances that prevent you from ever taking the USMLE or practicing medicine, such as significant illness or injury as documented by a medical professional. Any refunds provided will be under the sole discretion of Ace Med Boards. You may request a refund of fees paid for Individual Tutoring sessions that have been canceled in compliance with Section 1C of this Agreement. No refunds will be given for cancellations made within twenty-four (24) hours of the scheduled Individual Tutoring session. If a refund is granted, the amount of the refund will be determined by multiplying the hours of Individual Tutoring sessions you have completed by the full hourly rate charged at the time of your order. The resulting figure shall then be subtracted from the total dollar amount you have on balance with us at the time of the refund request. If you received a discount at the time of your original order, that discount will be invalidated to calculate the refund amount. For tutoring packages, you may request a full refund up to twenty-four (24) hours of the time of purchase if no tutoring sessions have been provided. If tutoring sessions have been provided, you will be charged the rate for Hourly Tutoring listed on the Tutoring page of our Site for the tutoring sessions that have been rendered, and may be provided a refund for the remaining hours of the Tutoring Package at our sole discretion.
6. No Guarantees. You understand and agree that we are providing no guarantee or warranty that Individual Tutoring or Tutoring Packages will provide a particular result including, but not limited to, the passage of all or part of the USMLE or COMLEX or improving your score for the exams. While our Individual Tutoring is designed to improve your performance, your scores and passage of the exams are dependent upon a number of factors outside of our control, including but not limited to, your understanding of the subject matter and test-taking ability. Reviews or testimonials on AceMedBoards.com are not a guarantee you will achieve similar results.
NO TREATMENT ADVICE FOR PATIENTS. The information found on this Site and in tutoring sessions is provided for education purposes in assisting users to pass a medical licensing exam. The information is not intended for use in the treatment of a specific patient or patients and is in no way a substitute for individual patient assessment or treatment based upon a healthcare provider’s examination of each patient and consideration of laboratory data and other factors unique to the patient.
UNITED STATES APPLICATION. The Site contains information and tutoring services intended for use by individuals studying for the relevant exam to practice medicine in the United States. We make no representation or warranty that any of the information you are given access to is appropriate for use in other jurisdictions.
OUTCOMES. You understand and agree that the information, content, and tutoring services provided by us are not guaranteed to provide a successful outcome when you take the USMLE or COMLEX.
NO AFFILIATION OR ENDORSEMENT. Ace Med Boards is in no way affiliated with or endorsed by the National Board of Medical Examiners, which is the trademark holder of the phrase “USMLE” or the National Board of Osteopathic Medical Examiners, which is the trademark holder of the phrase “COMLEX”. The use of various trademarks on this Site, including USMLE and COMLEX, is undertaken pursuant to the Fair Use Doctrine.
PROHIBITIONS. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
VIOLATIONS. If you materially breach any term of this Agreement, we may, in our sole discretion, terminate your access to the Site or tutoring sessions without a refund. We reserve the right to seek all remedies available by law and in equity for such breaches.
LIMITED LIABILITY. ACE MED BOARDS DISCLAIMS ANY AND ALL LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THIS AGREEMENT, OR TUTORING SERVICES, BUT NOT LIMITED TO, LIABILITY ASSOCIATED WITH YOUR INABILITY TO PASS EXAMS, MEDICAL MALPRACTICE CLAIMS, LOST EARNINGS OR EMOTIONAL DISTRESS. THIS LIMITATION SHALL NOT APPLY TO INTENTIONAL OR GROSS NEGLIGENCE ON OUR PART. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE, OR TUTORING SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THREE TIMES THE FEE YOU PAY FOR THE TUTORING SERVICE UPON WHICH YOUR CLAIM IS BASED. SHOULD THE CLAIM INVOLVE MULTIPLE PURCHASES, LIABILITY SHALL NOT EXCEED THREE TIMES THE MOST EXPENSIVE PURCHASE MADE BY YOU PRIOR TO THE CLAIM. SHOULD THE CLAIM ARISE FROM INFORMATION ON THE SITE AND NOT A TUTORING SERVICE, THE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE SHALL BE $200.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SITE TERMINATION. We reserve the right to no longer make available all or part of the Site or Tutoring Services at any time in our sole discretion.
USER-GENERATED CONTENT. We allow you to post to certain areas of the Site such as in the Forum page of the Site. We are under no obligation to review any messages, information, or content (“User-Generated Content”) posted on the Site by users and assume no responsibility or liability relating to any such postings. Notwithstanding the above, users are forbidden from posting the following:
Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including, but not limited to any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Advertisements or solicitations of any kind. Messages posted by users impersonating others. Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. Messages by non-spokesperson individuals purporting to speak on behalf of us. Messages that offer unauthorized download of any copyrighted or private information.
ARBITRATION AGREEMENT. By agreeing to these Terms and Conditions, you agree to resolve any claim that you may have against Ace Med Boards on an individual basis in arbitration, as outlined in this Arbitration Agreement section. This will preclude you from bringing any class, collective, or representative action against Ace Med Boards, and also prevent you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Ace Med Boards by someone else.
A) Agreement to Binding Arbitration Between You and Ace Med Boards. You and Ace Med Boards agree that any dispute, claim or controversy arising out of or relating to (i) these terms and conditions or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) your access to or use of the Site or tutoring services at any time will be settled by binding arbitration between you and Ace Med Boards, and not in a court of law. You acknowledge and agree that you and Ace Med Boards are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Ace Med Boards otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Ace Med Boards each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
B) Right To Opt-Out. We are providing you with the right to opt-out of this Arbitration Agreement by notifying us in writing within 30 days of purchasing tutoring services. To opt-out, just contact us at firstname.lastname@example.org using the phrase “opt-out of arbitration agreement” in the subject matter of the message, and your name and username in the body of the message.
COMMUNICATION. When you contact us, sign up for our newsletter, or purchase tutoring services on the Site, you consent to receive communications from us electronically through email or via text message. You agree that any such communication via email and/or text message shall constitute proper written communication in compliance with any and all legal notice requirements.
USER CONTENT. By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you grant Ace Med Boards, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use User Content in connection with the Internet business of Ace Med Boards, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information, video sessions, or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or 3rd party rights rests solely with you.
PROHIBITED USES. Ace Med Boards imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site , overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Ace Med Boards; or (f) automatically or manually scraping or copying the content from the Site without our consent. Any violation may subject you to civil and/or criminal liability.
COPYRIGHT. All contents, excluding user generated content, copyright 2019 Ace Med Boards. All rights reserved.
SEVERABILITY; WAIVER. If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable or null, all other terms will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos of Ace Med Boards or by any third party.
MODIFICATIONS. Ace Med Boards may, in its sole discretion, modify or amend this Agreement at any time. Ace Med Boards shall post notice of any such changes on the Site in an area available to you before logging into the member area and shall email you notice of such changes. Your decision to continue to use the Site upon such notice shall constitute your acceptance of any amendments to this document. You may choose to reject the amendments by terminating your use of the Site. Please contact us if you have any questions regarding this agreement.
Copyright © 2020 Ace Med Boards