Latest Update: December 13, 2020
Terms & Conditions
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 medsmarter.com (collectively the “Services”). If you disagree to be bound by the terms and conditions, 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.
Please 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 the sole discretion of MedSmarter, no refunds or cancellations, or changes to subscriptions will be allowed.
- 100% of tuition paid will be refunded if the review course’s cancellation occurs before the beginning of the session.
- 75% of tuition paid will be refunded if the review course’s cancellation occurs after one session but before two sessions.
- 50% of tuition paid will be refunded if the review course’s cancellation occurs after two sessions but before three sessions.
There will be no refund offered if the cancellation of the review course occurs after three sessions.
Member Account/Password and Security
You must complete MedSmarter’s registration process 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 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 due to 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 Licensed Materials owner but are entitled to use them according to this Agreement’s terms.
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, offered for sale, or reproduced on any bulletin boards, web sites, discussion forums, Internet domains, or online chartrooms. You may not use any device, software, or routine to interfere or attempt to interfere with the site’s proper working 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 any unauthorized purpose.
Restriction Against Transfer
You cannot sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials. All accounts at MedSmarter are monitored for multiple logins. If MedSmarter believes in its sole discretion that multiple users are using an account simultaneously, MedSmarter reserves the right to terminate that account without any notice or refund. We also retain the right to sue on the grounds of breach of contract. Therefore, please do not disclose your account details to anyone else.
If 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. The User’s responsibility is to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the site. Please seek professionals’ advice, 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 learning tool to help medical students/residents to pass their 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 despite a reasonable effort.
- MedSmarter will use reasonable efforts to keep its site online at all times. However, the user understands that scheduled maintenance and problems out of the control of MedSmarter can cause the site to go down.
- Many factors may affect students’ results when taking the actual MCAT or USMLE exams; therefore, MedSmarter does not guarantee to pass. Though other programs that offer similar services may offer guarantees in the form of re-taking the course, the MedSmarter business model 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 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 the 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 person