This User Agreement (“Agreement”) is a contract between you and MedSmarter, LLC. and applies to your subscription to and use of products and services available through www.MedSmarter.com (collectively the “Services”). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access these services.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement before you may become a subscriber to and user of MedSmarter’s services.
We may amend this Agreement at any time by posting the amended terms on our site www.MedSmarter.com (the “site”). Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site.
In this Agreement, “you” or “your” means any person or entity subscribing to and/or using the Service (“Users”). Unless otherwise stated, “MedSmarter,” “we” or “our” will refer collectively to MedSmarter, LLC.
READ THE FOLLOWING USE, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE USING OUR MATERIAL.
User agreement for Live Review Course:
Confirmation of registration will be sent to you by email only with the details of the course curriculum. In the event of a cancellation of either Course by MedSmarter, the company will refund the full tuition fee, but will not be held liable for any other expenses. MedSmarter reserves the right to substitute teachers for either course. A handling fee of $100 will be charged on all attendee cancellations. Refunds will only be granted to the person or company who issued the payment. For a refund, written notice of cancellation must be received 30 days before the course begins. No refund will be granted outside of these parameters.
Except as otherwise provided in this agreement or in the sole discretion of MedSmarter, no refunds or cancellations or changes to subscriptions will be allowed. 100% of tuition paid will be refunded if cancellation of the review course occurs before the beginning of the session. 75% of tuition paid will be refunded if cancellation of the review course occurs after one session but before two sessions. 50% of tuition paid will be refunded if cancellation of the review course occurs after two sessions but before three sessions. There will be no refund offered if cancellation of the review course occurs after three sessions.
Member Account/Password and Security:
You must complete MedSmarter’s registration process in order to subscribe to and use the Services by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MedSmarter immediately of any unauthorized use of your account or any other breach of security. MedSmarter will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MedSmarter or another party due to someone else using your account or password.
The Licensed Materials, including all intellectual property rights in the Licensed Materials, such as copyright, are the sole and exclusive property of MedSmarter. By indicating that you accept these terms, you do not become the owner of the Licensed Materials, but are entitled to use them according to the terms of this Agreement.
You are expressly prohibited from copying, reverse engineering or modifying any or all of the Licensed Materials. No part of the Licensed Materials may be copied for resale or other commercial use, or offered for sale or reproduced on any bulletin boards, web sites, discussion forums, Internet domains, or online chartrooms. You many not use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted at the site. You may not disclose or share your password with any third parties or use your password for an unauthorized purpose.
Restriction Against Transfer:
You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials. All accounts at MedSmarter are monitored for multiple logons. In the event that MedSmarter believes in its sole discretion that multiple users are using an account at the same time, MedSmarter reserves the right to terminate that account without any notice or refund. We also retain the right to sue on grounds of breach of contract. Therefore, please do not disclose your account details to anyone else.
In the event that you breach any term of this Agreement, MedSmarter may in its sole discretion terminate this Agreement, your access to the site and its provision of Services to you without refund, and MedSmarter reserves the right to seek all remedies available by law and in equity for such breaches.
The trademarks, logos, and service marks displayed on the site are the property of MedSmarter where applicable. Users are prohibited from using any Marks without the written permission of MedSmarter. All content on the site is protected by copyright.
MEDSMARTER PROVIDES ITS SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- MedSmarter does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made through the site by any party other than MedSmarter. Other than as required under consumer protection law, under no circumstance will MedSmarter be liable for any loss or damage caused by a User’s reliance on information obtained through the site. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
- The information provided in MedSmarter is no substitute for individual patient assessment based upon the healthcare provider’s examination of each patient and consideration of laboratory data and other factors unique to the patient.
- MedSmarter should be used as a tool to help the medical students/ residents to pass in the exams.
- MedSmarter reserves the right to withdraw subscriptions and the complete site if necessary. If this ever becomes necessary, Users will only pay for the time of their subscription that has elapsed (on a pro-rata basis).
- MedSmarter will use reasonable efforts to rectify any error(s) that occur on its site, but does not guarantee access to the site in case of software errors/viruses/other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort.
- MedSmarter will use reasonable efforts to keep its site online at all times. User understands however that scheduled maintenance and problems out of the control of MedSmarter can cause the site to go down.
- There are many factors that may affect the outcome of students results when taking the actual USMLE exams, therefore MedSmarter does not provide any guarantees for passing. Though other programs that offer similar services may offer guarantees in the form of re-taking the course, the MedSmarter business model simple does not support that. However, students who do wish to retake or repeat courses are eligible for discounts as previous students.
Limitation of Liability:
MedSmarter specifically disclaims any liability (whether based in contract, tort, strict liability 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 and our services (even if MedSmarter has been advised of the possibility of such damages) including liability associated with any medical malpractice or viruses which may infect a user’s computer equipment. MedSmarter’s maximum liability arising out of or in connection with your use of its services and site, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed your subscription fee.
Confidentiality of User Communications:
Except as required by law, MedSmarter will maintain the confidentiality of all User communications, which contain personal user information and which are transmitted directly to MedSmarter. Postings by a User on any public arena, such as a message board or in any chat room, will not be protected as confidential and MedSmarter may use and disclose information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) for any purpose deemed appropriate by MedSmarter.
Linked Internet Sites:
MedSmarter is not responsible for the content available on any other Internet sites linked to the site. Access to any other Internet sites linked to the site is at the user’s own risk.
Transmission of Personal Data:
User acknowledges and agrees that by providing MedSmarter with any personal or proprietary user information through the site, User consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with MedSmarter standard business practices.
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. This Agreement is governed by the internal substantive laws of the State of Georgia, United States of America, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within Duluth, Georgia, United States of America. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Should you have any questions regarding this agreement, you may contact MedSmarter at any time.
None of the information that you send to our website is retained at the site. We use an industry standard technology called SSL (Secure Sockets Layer). SSL is a method of ensuring that information submitted through our website is secure and cannot be accessed by unauthorized users. The information submitted via our website forms is encrypted using a special “certificate key” and then decrypted with another key after it has been transmitted. This security is designed to enable you to send credit information to us without the risk of interception.
MedSmarter collects credit card information to make it easier for you to register for our courses and make purchases online. MedSmarter does not use or share credit card information for any other purpose. We retain on file such information as is needed for standard accounting record keeping requirements.
If you prefer not to send your credit card information through our website, you can still register for any of the courses, or purchase items, by contacting MedSmarter.
MedSmarter, LLC will not be responsible nor can be found liable in case of a security breach or identity theft.