MCAT Self Prep Terms of Service
The MCAT Self Prep, a service offered by Self Prep LLC, is dedicated to developing and maintaining a friendly online community, where members of backgrounds feel relaxed and comfortable. Like any community, The MCAT Self Prep website has certain standards. When members use the MCAT SELF PREP website, located at https://www.mcatselfprep.com, they agree to abide by these rules. To remain a part of MCAT SELF PREP, members must be considerate to others. Repeated violations of these standards may result in a member being temporarily suspended or barred from entry or participation in MCAT SELF PREP’s Site.
Online Service Agreement
BY ACCESSING OR USING MCAT SELF PREP’S SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE MCAT SELF PREP’S SITE.
MCAT SELF PREP, IN ITS SOLE DISCRETION, MAY MODIFY THESE TERMS OF SERVICE AT ANY TIME. AN EMAIL WILL BE SENT TO YOUR REGISTERED E-MAIL PROVIDING A) A SUMMARY OF THE CHANGES MADE TO THE TERMS OF SERVICE AND B) A THE FULL TEXT OF THE NEW TERMS OF SERVICE. YOUR CONTINUED ACCESS OR USE OF MCAT SELF PREP’S SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
- AGE REQUIREMENTS
You must be at least thirteen (13) years old to use MCAT SELF PREP’s Site. Children under the age of thirteen (13), or legal guardians acting on their behalf, are strictly prohibited from using MCAT SELF PREP’s Site. You represent and warrant that you are at least thirteen (13) years of age and that you possess the legal right and ability to enter into TERMS OF SERVICE and to use MCAT SELF PREP’s Site in accordance with these TERMS OF SERVICE.
- Licenses Granted to Users by MCAT SELF PREP: By these TERMS OF SERVICE, MCAT SELF PREP grants users of MCAT SELF PREP’s Forums, subject to the terms of these TERMS OF SERVICE, a limited, non-transferable and non-exclusive license to access, explore and otherwise use MCAT SELF PREP’s Forums in a manner consistent with these TERMS OF SERVICE for their personal, non-commercial purposes. Commercial use of MCAT SELF PREP’s Forums is strictly prohibited. Examples of, but not limited to, commercial uses this license prohibits:
- The sale of access to MCAT SELF PREP’s site
- The sale of advertising, sponsorship, or promotions, including links placed to such, in MCAT SELF PREP’s Site. However, this does not include non-paid opinions and reviews of products, schools, and etc.
- The linking and/or reposting of any content or material delivered from MCAT SELF PREP’s Site to any webpage that contains advertising, which would include an ad-enabled blog.
- Otherwise selling and/or profiting, or permitting others to profit, from MCAT SELF PREP’s Site and the content and materials therewithin.
All content and material taken in accordance with these TERMS OF SERVICE from MCAT SELF PREP’s Site, except where otherwise noted, must be licensed to others under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License, which is available at <http: http://creativecommons.org/licenses/by-nc-nd/3.0/us/>.
- USER CONTENT AND MATERIAL; USAGE
3.1 MCAT SELF PREP DOES NOT REVIEW ANY COMMUNICATIONS OR MATERIALS POSTED OR UPLOADED TO MCAT SELF PREP’S SITE by users and is not responsible for the content of these communications and materials. However, MCAT SELF PREP reserves the right after being notified by a third party to block or remove communications or materials that it determines, in MCAT SELF PREP’s sole discretion, to be:
(a) abusive, libelous, defamatory, obscene, offensive and/or harmful;
(b) fraudulent, deceptive, or misleading;
(c) in violation of a copyright or trademark, other intellectual property right of another; or
(d) is offensive or otherwise unacceptable to MCAT SELF PREP and its mission statement.
ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION PROVIDED ON OR THROUGH MCAT SELF PREP’S SITE SHOULD NOT BE CONSTRUED AS PROFESSIONAL OR MEDICAL ADVICE OR INSTRUCTION.
3.2 All content or materials posted on or shared through MCAT SELF PREP’s Site are the sole responsibility of the user. MCAT SELF PREP shall assume no liability or responsibility for user-posted materials, including, but not limited to, copyright violations or defamatory statements.
3.3 MCAT SELF PREP strictly prohibits the following actions being taken on its Site
(a) Simultaneous use, unattended, or continuous connections to MCAT SELF PREP’s Site with one account;
(b) Posting or transmitting any content which is listed in Paragraphs 3.1 (a)-(d);
(c) Uploading, downloading, posting, or transmitting any content that would violate the property rights of others, including, but not limited to, copyrights, trademarks, trade secrets, and rights of privacy and publicity. However, users are permitted to submit such content to MCAT SELF PREP’s Site with the necessary consent from the right’s holder(s);
(d) Posting or transmitting any content that would violate any agreement you may have signed with any third party;
(e) Using MCAT SELF PREP’s Site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(f) Intercepting, or attempting to intercept, the emails or other private communications not intended for you;
(g) Sending emails to users for any purpose other than personal communication, including, but not limited to, advertising, offering, or soliciting to sell goods or services to other users;
(h) Sending unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others;
(i) Requesting or otherwise soliciting information regarding illegal activities. This includes, but is not limited to, how to obtain or use pirated software, registration keys or codes for software, or illegally photocopied/scanned materials;
(j) Deleting, or falsifying, any author attributions, legal notices or proprietary designations or labels in any content submitted or exchanged through MCAT SELF PREP’s Site;
(k) Using MCAT SELF PREP’s Site in a manner that adversely affects the availability of its resources to other users;
(l) Using, downloading, copying, or otherwise providing (whether or not for a fee) to a person or entity any portion of MCAT SELF PREPs directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by the MCAT SELF PREP);
(m) Falsely purporting to be an employee or agent of MCAT SELF PREP;
(n) Falsely purporting to be a moderator of MCAT SELF PREP’s Forums;
(o) Causing repeated disruptive incidents;
(p) Attempting to decompile, reverse engineer, disassemble, or otherwise interfere with or damage MCAT SELF PREP’s Site. This includes, but is not limited to, the circumvention of any technological protection measures such as user authentication or password-protected material and content on MCAT SELF PREP’s Site.
3.4 Registered users may send and receive electronic mail (“email”), engage in conferences and chats, download and upload files and otherwise use MCAT SELF PREP’s Site as permitted by these TERMS OF SERVICE and applicable law. MCAT SELF PREP may review e-mails if notified by a third-party as to inappropriate content, as specified in 3.1, or a violation of these TERMS OF SERVICE.
MCAT SELF PREP considers its users’ privacy to be of the utmost importance. Please see our Privacy Statement for a detailed description of our information gathering and dissemination practices for the MCAT Self Prep Web site.
- MCAT SELF PREP reserves the right to modify MCAT SELF PREP’s Site, including the various services offered, at any time;
- You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to MCAT SELF PREP’s Site. This also includes maintaining up-to-date contact information and securing user passwords;
- MCAT SELF PREP provides MCAT SELF PREP’s Site on an “as is” and “as available” basis. You therefore use MCAT SELF PREP’s Site at your own risk. MCAT SELF PREP expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, MCAT SELF PREP makes no representations or warranties that MCAT SELF PREP’s Site:
- Will be permitted in your jurisdiction;
- Will be uninterrupted or error-free;
- Will meet your personal needs;
- Will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data;
- Will transmitted all user content, materials, or messages or that they will appear exactly as submitted to MCAT SELF PREP’s Site; or
- Will be backed-up and protected indefinitely
- MCAT SELF PREP TAKES NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS, WEBSITES OR AGREEMENTS. Certain content, products and/or services offered through MCAT SELF PREP’s Site may include materials from third parties or links to other websites. MCAT SELF PREP does not warrant or endorse, does not assume, and will not have any liability or responsibility for any third-party materials or websites, agreements or any other materials, or products or services. Links to other websites are provided solely as a convenience to you.
- MCAT SELF PREP may delete email or private messages if it has not been accessed by a user within 30 days; and
- Content and materials posted on MCAT SELF PREP’s Site by users and third parties, and links or downloads thereof, reflect only the views of their authors and do not necessarily reflect those of MCAT SELF PREP. Furthermore, MCAT SELF PREP makes no warranties or representations that users will not find such content and materials inappropriate or offensive.
- TRADEMARKS AND COPYRIGHT
The entire contents of MCAT SELF PREP’s Site are copyrighted as a collective work (“Work”) under the laws of United States and other copyright laws. MCAT SELF PREP holds the copyright in the Work. The Work includes works which are the property of the Information Providers, which may also be protected by copyright and other intellectual property laws. Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MCAT SELF PREP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF SERVICE OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING MCAT SELF PREP’S SITE USING YOUR ACCOUNT.
- WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER MCAT SELF PREP, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS, SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF MCAT SELF PREP’S SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MCAT SELF PREP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF MCAT SELF PREP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF MCAT SELF PREP’S SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF MCAT SELF PREP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO MCAT SELF PREP FOR UP TO ONE (1) YEAR FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL MCAT SELF PREP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF MCAT SELF PREP’S SITE ARE HEREBY EXCLUDED EVEN IF MCAT SELF PREP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- THIRD PARTY RIGHTS
The provisions of paragraphs 7 (Indemnification) and 8 (Waiver, Release and Limitation of Liability) are for the benefit of MCAT SELF PREP and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- TERM; TERMINATION
User accounts may be terminated:
- Either you or MCAT Self Prep may terminate your right to use MCAT SELF PREP’S Site at any time, with or without cause, upon notice.
- MCAT SELF PREP may terminate, suspend, temporarily disable, and/or limit your services to MCAT SELF PREP’s Site without prior notice due to violation of these TERMS OF SERVICE.
The provisions of paragraphs 7 (Copyright), 3 (License), 8 (Indemnification), 9 (Waiver, Release and Limitation of Liability), and 10 (Third Party Rights) shall survive any termination of this Agreement.
- GOVERNING LAW AND DISPUTE RESOLUTION
Any cause of action or claim you may have with respect to MCAT SELF PREP’s Site must be commenced within one (1) year after the claim or cause of action arises. MCAT SELF PREP’s failure to insist upon or enforce strict performance of any provision of these TERMS OF SERVICE shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these TERMS OF SERVICE.
Self Prep LLC may deliver notice to you under these TERMS OF SERVICE by means of electronic mail, a general notice on MCAT SELF PREP’s Site, or by written communication delivered by first class U. S. mail to your address on record MCAT SELF PREP’s account information. You may give notice to MCAT SELF PREP at any time via electronic mail or by letter delivered by first class postage prepaid U. S. mail to the following address:
Self Prep LLC
1464 Barton Creek Ln.
Bountiful, UT 84604
- COPYRIGHT INFRINGEMENT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
MCAT SELF PREP respects the intellectual property rights of others and will seriously investigate and respond to all claims of copyright infringement. If you are a copyright holder, or authorized to act on behalf of a party that is the holder of an exclusive right to a copyrighted work, and if you believe that your copyright has been infringed, please send us a notice as set forth below:
- Specifically identify the work you are claiming to have been infringed. If you are claiming multiple works are being infringed a representative list of the copyrighted works may be submitted instead;
- Specifically identify the material or link you are claiming to be infringing or the subject of infringing activity that is to be removed and information reasonably sufficient to permit MCAT SELF PREP to locate the material. Providing clear URLs is the best way to do this.
- Provide MCAT SELF PREP with the following information to contact you:
Electronic mail address
- Submit a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- Submit a statement that the information you have provided in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Submit your physical or electronic signature. To sign electronically you may begin and end your name or initials with a “forward slash” (“/”). For example, Bob Q. Smith could electronically sign /BQS/ or /Bob Q. Smith/.
For other intellectual property or legal claims, please send us a notice at [email protected]
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.