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Oral Board Student Terms of Use
Last updated: August 11, 2022
These Student Terms of Use contains the Terms of Use that govern your rights to access and use Oral Board Prep Services through the Oral Board Prep Site and is by and between you (“you” or “Student”) and Oral Board Prep Anesthesiology, LLC, including its affiliates ("Oral Board Prep", “we”, “us”, or “our”). These Student Terms of Use are effect when Student accepts these terms by clicking the applicable button (“Effective Date”). Capitalized terms not defined herein are defined in the Oral Board Prep Website Terms and Conditions (found here: www.oralboardprep.com/terms), which these Terms of Use are supplemental to.
PRIVACY POLICY
Oral Board Prep respects the privacy of its users. Please refer to Oral Board Prep’s Privacy Policy (found here: www.oralboardprep.com/privacy) that explains how we collect, use, and disclose information that pertains to your privacy. By clicking the acceptable button, you agree to be bound by our Privacy Policy, which is incorporated into these Student Terms of Use. Please be advised the Site is hosted in the United States.
ABOUT THE SERVICE
The services provided on the Site, including, without reservation, the subscription services (the “Services”) are designed to allow you to self-study (“Question Bank”), and to practice oral examinations with qualified anesthesiologists (“Examiner Services”).
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You must be a resident of the United States to register for and use the Services.
By registering with the Site, you agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You agree to notify us immediately of any unauthorized use of your password and/or account. Oral Board Prep will not be responsible for any losses or damages arising out of or related to the unauthorized use of your member name, password and/or account.
LICENSE
- I. License Grants. Subject to and conditioned on Student's payment of Fees and compliance with all other terms and conditions set forth in this Agreement, Oral Board Prep hereby grants Student a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the term of the Agreement to use the Services solely for the purposes described herein.
- II. Use Restrictions. Student shall not use the Services for any purposes beyond the scope of the license granted in this Agreement. Except as expressly set forth in this Agreement, Student shall not at any time, and shall not permit others to: (i) copy, modify, or create derivative works of the Services or any aspect thereof, in whole or in part; (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (vi) combine or integrate the Site with any software, technology, services, or materials not authorized by Oral Board Prep; or (viii) use the Services in any way to replicate or attempt to replace the user experience of the Oral Board Prep Services.
- III. Reservation of Rights. Oral Board Prep reserves all rights not expressly granted to Student in these Terms of Use. Except for the limited rights and licenses expressly granted hereunder, nothing in these Terms of Use grants to Student or any Third-Party any Intellectual Property Rights or other right, title, or interest in or to the Services or any aspect thereof.
SOFTWARE SUBSCRIPTION SERVICE; PROFESSIONAL SERVICES
To date, Oral Board Prep offers the following Subscription Periods to the Question Bank, and one-time Examiner Services (which may be updated from time to time):- Monthly Subscriptions. If you elect to purchase a Monthly Subscription to the Question Bank, the Subscription Period shall commence upon the successful processing of your payment and renew at the 1st of each month thereafter, unless and until you provide Oral Board Prep with prior written notice of your intent to cancel the Monthly Subscription, or as otherwise may be terminated by Oral Board Prep in accordance with the terms set forth herein.
- Annual Subscriptions. If you elect to purchase an Annual Subscription to the Question Bank, the Subscription Period shall commence upon the successful processing of your payment and renew on the annual anniversary date such period began, unless and until you provide Oral Board Prep with prior written notice of your intent to cancel the Annual Subscription, or as otherwise may be terminated by Oral Board Prep in accordance with the terms set forth herein.
- Examiner Services. If you elect to purchase Examiner Services, Oral Board Prep will provide you with a scheduled meeting date, time, and platform to connect with an Examiner, and payment shall be due on or prior to the commencement of Examiner Services and shall be non-refundable following payment.
- Except as identified herein as Product-Specific Services, Oral Board Prep retains all right, title, and interest in and to the Service, including without limitation all Oral Board Prep created software incorporated into or used by the Service, and these Student Terms of Use do not grant you any intellectual property rights in the Services or any of its components.
- SUBSCRIPTION PAYMENT TERMS
- You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We may bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments will be in U.S. dollars via (i) a valid credit card acceptable to Oral Board Prep, or (ii) any other payment option acceptable to Oral Board Prep.
- You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
- CANCELLATION, DISPUTES AND CHARGEBACKS
- All purchases are non-refundable unless Oral Board Prep elects to provide a refund, to be determined by Oral Board Prep in its sole discretion on a case-by-case basis. You are not entitled to any chargebacks or refunds for the purchases made on the Site. You can cancel your subscription at any time by contacting us using the Contact Us address provided below. You agree to use commercially reasonable efforts to work with us regarding any disputes in connection with purchases made on the Site. Your cancellation will take effect at the end of the current paid term.
PRODUCT-SPECIFIC SERVICES- Oral Board Prep may offer, and you may elect, from time to time, to utilize certain Product-Specific Services offered on the Site. In addition to any other Terms of Use set forth under these Student Terms of Use, the following additional terms will apply specifically to the following Services:
- Oral Board Prep Payments
- I. Definitions. For the purposes of this section related to Oral Board Prep Payments, the following definitions shall apply:
- “Charge” means a credit or debit instruction to capture funds from an account that a Student maintains with a bank or other financial institution in connection with a Transaction.
- “Dispute” means an instruction initiated by a Student for the return of funds for an existing Charge (including a chargeback or dispute on a payment card network; and disputes on the Automated Clearinghouse (ACH) network) initiated pursuant to the Stripe Services Agreement.
- “Fine” means any fines, levies, or other charges imposed by us or Stripe, caused by your violation of laws or these Student Terms of Use.
- “Refund” means an instruction initiated by you to return funds for an existing Charge initiated pursuant to the Stripe Services Agreement.
- “Return” means an instruction initiated by you, a Payment Method Provider or a Payment Method Acquirer to return funds unrelated to an existing Charge initiated pursuant to the Stripe Services Agreement.
- “Reversal” means an instruction initiated by Stripe pursuant to the Stripe Services Agreement to return funds for an existing Charge. Reversals may result from (i) invalidation of a charge by Stripe; (ii) funds settled to you in error or without authorization; and (iii) submission of a Charge in violation of the applicable terms of the Stripe Services Agreement, or where submission of the Charge or your use of Oral Board Prep Payments violates these Student Terms of Use or the Stripe Services Agreement.
- II. Use of Stripe. Payment processing services on the Site are facilitated by Stripe, Inc. (“Stripe”), and are subject to the Stripe Connected Account Agreement, which includes the Stripe Student Terms of Use (collectively, the “Stripe Services Agreement”). By agreeing to these Student Terms of Use or continuing to use the Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of us enabling payment processing services through Stripe, you agree to provide us accurate and complete information about you, and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe.
- III. Payments and Fees. All payments facilitated by us through the Site or otherwise shall be paid by providing valid credit/debit card information to us by Student. Student hereby authorizes us to charge Student's credit/debit card for all charges due under this Agreement.
- Oral Board Prep’s standard Fees for the Services are posted on the Site. To the extent you have an account with us, you authorize us to debit the amount owed from said account, regardless of whether or not the balance becomes negative. If you believe that any fees have been incorrectly debited, please contact us at the address provided below.
- IV. Payment Disputes Involving Oral Board Prep Payments.
- To enable us to process Transactions, you authorize and direct us, our affiliates, and Stripe to receive and settle any payment processing proceeds owed or owing through Oral Board Prep Payments. You may not grant or assign any interest in payment processing proceeds to any Third-Party. You appoint us and Stripe as your agents for the limited purpose of directing, receiving, holding and settling such proceeds. You agree that Stripe’s receipt of such proceeds satisfies the relevant Student’s obligations to make payments.
- Disputes may only be initiated through Stripe and pursuant to the Stripe Services Agreement. We are not responsible for or liable to you for authorized and completed Charges that are later the subject of a Dispute, Refund, or Reversal, are submitted without authorization or in error, or violate any laws. You are immediately responsible to us for all amounts paid to you through Oral Board Prep Payments that subsequently become subject to Disputes, Refunds, Reversals, Returns, or Fines regardless of the reason or timing and hereby agree to indemnify us for any such amounts and any charges or costs incurred by us in connection with the foregoing, including reasonable attorneys’ fees and other costs we incur in order to collect such amounts. We have the right to charge any of your financial accounts on file with us the full amount of any such amounts, charges, and costs incurred in connection with any Dispute, Refund, Reversal, Return, or Fine, and you hereby consent to such charge. If, for whatever reason, you do not have a financial account on file with us, we reserve the right to collect any amounts due in connection with the foregoing through any other channels we deem appropriate or necessary.
- Oral Board Prep Video Functionality
- I. Use of Hippo. Video platforms on the Site are facilitated by Hippo, provided by Jungleworks (“Jungleworks”), and are subject to the Jungleworks Privacy Policy (the “Jungleworks Agreement”). By agreeing to these Student Terms of Use, you agree to be bound by the Jungleworks Agreement, as the same may be modified by Jungleworks from time to time. As a condition of us enabling video services through Jungleworks, you agree to provide us accurate and complete information about you, and you authorize us to share it and information related to your use of the video services to Jungleworks.
- USE RESTRICTIONS
- In addition to the License Use restrictions above, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Student Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
- Oral Board Prep reserves the right, but has no obligation, to limit or deny Student’s access to the Services or take other appropriate action if a Student violates these Student Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Direct messages, chat messages, or emails sent between you and Examiners that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. Oral Board Prep shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Services and/or Site, please contact us at the address provided below.
- EXAMINER CONTENT DISCLAIMER
Opinions, quotes, advice, estimates, statements, offers, or other information or content made available through the Service, but not directly by Oral Board Prep (“Examiner Content”), are those of their respective examiner, and should not considered a statement or representation of or by Oral Board Prep. Such examiners are solely responsible for such Examiner Content. Oral Board Prep does not guarantee the accuracy, completeness, or usefulness of any Examiner Content and neither does Oral Board Prep adopt nor endorse, nor is Oral Board Prep responsible for, the accuracy or reliability of any Examiner Content. Oral Board Prep takes no responsibility and assumes no liability for any Examiner Content that any other party posts or sends over the Service. Under no circumstances will Oral Board Prep be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.
EMAIL MAY NOT BE USED TO PROVIDE LEGAL NOTICE
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to Oral Board Prep or any of its officers, employees, agents or representatives in any situation where notice to Oral Board Prep is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from Oral Board Prep in an electronic form via the email address you have provided in your registration; and (b) agree that all Student Terms of Use, agreements, notices, disclosures, and other communications that Oral Board Prep provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address to send you other messages, including information about Oral Board Prep and special offers. You may opt out of such email by changing your account settings or by contacting customer support at support@oralboardprep.com.
Opting out may prevent you from receiving messages regarding Oral Board Prep or special offers.
MODIFICATION OF STUDENT TERMS OF USE
We can amend these Student Terms of Use at any time and will update these Student Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Services, you signify your agreement to our revisions to these Student Terms of Use. However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to These Terms of Use (other than as set forth in this paragraph) or waiver of Oral Board Prep’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical or electronic signature of an officer of Oral Board Prep. No purported waiver or modification of this Agreement by Oral Board Prep via telephonic or verbal communications shall be valid.- TERM AND TERMINATION
- These Student Terms of Use shall remain in full force and effect while you use the Services, and shall continue until the earlier of (i) you indicate to us in writing that you wish to terminate, (ii) you fail to comply with any Terms of Use of these Student Terms of Use, or (iii) we terminate or suspend your account. WITHOUT LIMITING ANY OTHER PROVISION OF THESE STUDENT TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE STUDENT TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
- If we terminate or suspend your account for any reason, the licenses granted to you by these Student Terms of Use will immediately terminate and you agree to stop all access and use of the Site and/or Services. You are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any Third-Party, even if you may be acting on behalf of the Third-Party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- WARRANTY DISCLAIMER
- THE SITE AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, ORAL BOARD PREP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ORAL BOARD PREP MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
- LIMITATION OF DAMAGES; RELEASE
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORAL BOARD PREP, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS ORAL BOARD PREPS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH ORAL BOARD PREP OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ORAL BOARD PREP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more Examiners, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- INDEMNIFICATION
- You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any Third-Party due to or arising out of: (1) your information; (2) use of the Site and/or Services; (3) breach of these Student Terms of Use; (4) any breach of your representations and warranties set forth in these Student Terms of Use; (5) your violation of the rights of a Third-Party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Site with whom you connected via the Site or (7) any Disputes, Refunds, Reversals, Returns, or Fines incurred or occurring in connection with the Stripe Services Agreement. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. You agree to reimburse us on demand for any defense costs incurred by us and any payments made or loss suffered by us, whether in a court judgment or settlement.
- If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.
- STUDENT DATA
- We will maintain certain data that you transmit via the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
- CALIFORNIA STUDENTS AND RESIDENTS
- If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
- ARBITRATION AND CLASS ACTION WAIVER
- ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE BREACH, TERMINATION, OR VALIDITY THEREOF, SHALL BE FINALLY RESOLVED BY ARBITRATION. THE TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT TO ARBITRATE DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THE ARBITRATION AGREEMENT WILL REMAIN IN FORCE.
- WITHOUT LIMITING THE FOREGOING, THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
- GENERAL TERMS
If any part of these Terms of Use is held invalid or unenforceable, that portion of the Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Oral Board Prep to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.
You agree that any cause of action related to or arising out of your relationship with Oral Board Prep must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
These Student Terms of Use and your use of the Services are governed by the federal laws of the United States of America and the laws of the State of Delaware, without regard to conflict of law provisions.
Oral Board Prep may assign or delegate these Student Terms of Use in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Student Terms of Use without Oral Board Prep’s prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE STUDENT TERMS OF USE, UNDERSTAND THESE STUDENT TERMS OF USE, AND WILL BE BOUND BY THESE TERMS OF USE. YOU FURTHER ACKNOWLEDGE THAT THESE STUDENT TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT WWW.ORALBOARDPREP.COM/PRIVACY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.- COSTS AND ATTORNEY’S FEES
- If we engage the services of an attorney to collect any monies due or to bring any action for any relief against you, declaratory or otherwise, arising out of or related to these Student Terms of Use, and are successful in obtaining a judgment or resolution in our favor, you agree to pay and promptly reimburse use for any and all attorneys’ fees in such action, whether in mediation or arbitration, at trail, or on appeal.
- CONTACT US
- In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: info@oralboardprep.com.
2. Information We Collect. Information is gathered from the Oral Board Prep Sites by us, our service providers, advertisers, sponsors and partners.
3. Information You Provide. We may collect information that you choose to provide on the Oral Board Prep Sites in a variety of ways, such as when you:
A. register for one of our products or services. This information may include your name, address, telephone number, email address, personal background and credit information;
B. participate in chats, web forums, or other interactive sessions;
C. provide payment card information for one of our products or services;
D. subscribe to newsletters or provide feedback; and
E. participate in surveys, sweepstakes or other promotions.
4. Automated Information. Information regarding your use of the Oral Board Prep Sites may be collected and/or aggregated through the use of automated means. This automatically collected information may include information such as:
A. your IP address, the type of browser and operating system used;
B. date and time you access the Oral Board Prep Sites and pages you visit, and if you linked from or to another website, the address of that website;
C. email you open and links you click on within those emails;
D. your ISP or mobile carrier, and the type of handheld or mobile device that you used; and
E. your behavior while using our site, including the time you spend on portions of the site and how you interact with various aspects of the site.
5. Data Technologies.
A. Various technologies are used to automatically collect information, such as cookies, local shared objects, and web beacons (generally referred to as “Data Technologies”). “Cookies” are small identifiers sent from a web server that are stored on your device for the purpose of identifying your browser or storing information or settings in your browser. “Local shared objects,” sometimes known as Flash Cookies, may be used to store your preferences or display content based upon what you have viewed on various websites to personalize your visit. A “web beacon,” also known as an internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies. Anonymous advertising identifiers are increasingly being used on mobile devices and otherwise in a manner similar to Cookies. When we refer to Data Technologies, we are including all current and similar future technologies.
B. One or more Data Technologies may be used on the Oral Board Prep Sites and other websites and mobile applications (that may not be the Oral Board Prep Sites) by us, by another party on our behalf, or by third parties in accordance with their privacy policies. Data Technologies may be used by us and others, on our behalf and on their own behalf, to transmit information to you or about you and connect information about you from different sources, websites, devices, and mobile applications.
6. Photos and Videos. We may target and track the photos and videos you view on the Sites. You consent to our tracking of your photo and video viewing through the Oral Board Prep Site or third-party social media for up to two years or as permitted by applicable law.
7. Location Information. When you download or use the Oral Board Prep Sites, we may collect physical location information that is sufficiently precise to allow us to locate a specific person or device (“Location Information”). We only collect Location Information with your permission (e.g., such as when you agree to provide it to us after you initially access or download the Oral Board Prep Sites). We may use Location Information and provide it to third parties to provide you with content and services that are relevant to a particular location, such as advertising, search results, dealers in the area, and direction, to evaluate and improve the Oral Board Prep Sites, or to provide you with content and services relevant to one or more nearby dealers.
8. Publicly Posted Information. Information that you make available to us and others via social media networks, forums, blogs, list serves, chat rooms or similar functionality is public information that we or others may share or use in accordance with the law.
9. Combined Information and Information from Other Sources. We may combine information that you provide to us with information we receive from our affiliates and other sources, as well as with other information that is automatically collected. The combined information may include information about your use of the Oral Board Prep Sites, your use of other websites, devices and mobile applications and information from our affiliates and other sources.
10. How We May Use the Information We Collect. We may use information we collect for the following purposes:
A. for everyday business purposes, such as establishing and managing your user account, providing products and services you request, processing and collecting payments and providing customer support;
B. to offer our other products or services and/or the products or services of others to you;
C. to communicate about, and administer your participation in, special events, programs, surveys, contests, sweepstakes and other offers or promotions;
D. to enable you to interact with Oral Board Prep and others through various means, such as through our blogs and social media;
E. to evaluate and improve our business, including developing new products and services and analyzing the effectiveness of products, services, applications and websites;
F. to provide or sell to third parties to allow them to market or advertise their products or services to you;
G. to diagnose and address technical and service problems;
H. to perform data analyses, including market and consumer research, trend analysis, demographic analysis and financial analysis;
I. to deliver content (including advertising) correlating to your interests and browsing and usage history, both within the Oral Board Prep Sites and on other websites and applications; and
J. to comply with applicable legal requirements and our policies.
11. Applications, Widgets and Social Media. We may include applications or widgets from social media providers that allow interaction or content sharing by their users. These widgets, such as a Facebook “Share” or “Like” button, are visible to you on the web page you visit. Integration between the Oral Board Prep Sites and social media networks such as Facebook, Twitter and others may allow social media networks in which you participate to collect information about you, even when you do not explicitly activate the network’s application or widget. Please visit the applicable social media network’s privacy policy to better understand their data collection practices and choices they make available to you. The privacy policy of the social media network controls the collection, use and disclosure of all Personal Information transmitted to that network.
12. Advertising Networks
A. Advertising that is customized based on predictions generated over time from your visits across different websites, devices and mobile applications is sometimes called “online behavioral” or “interest-based” advertising. We may partner with advertising networks, which are companies that deliver targeted advertisements to Consumers and generate statistics and metrics related to the delivery of interest-based advertisements. They may utilize information collected through a variety of Data Technologies to provide customization, auditing, research and reporting for us, our affiliates and other advertisers. This data collection takes place both on the Oral Board Prep Sites and on third-party’s websites and mobile applications. This process allows Oral Board Prep and third parties to deliver targeted advertising, enhance marketing programs and help track the effectiveness of such efforts. Our advertising networks also may use this information for determining or predicting the characteristics and preferences of their respective advertising audiences and measuring the effectiveness of their advertising in accordance with their privacy policies.
B. We do not provide information that is directly associated with a specific person (such as name and address) to an advertising network when you interact with or view a customized advertisement. However, when you view or interact with an advertisement, the advertiser may assume that you are interested in the subject matter of the advertisement.
Some companies disclose when they are using interest-based advertising programs on the Oral Board Prep Sites to deliver third-party ads or collecting information about your visit for these purposes and give you the ability to opt-out of this use of your information. You may see an icon in or around third-party advertisements on the Oral Board Prep Sites that use interest-based advertising programs and on pages where data is collected and used for online interest-based advertising. Clicking on this icon will provide additional information about the companies and data practices that were used to deliver the ad. You can opt out of delivery of targeted advertising to you by multiple companies by visiting www.aboutads.info/choices, www.networkadvertising.org/managing/opt_out.asp and www.evidon.com. Please note that even if you opt out, you will continue to receive advertisements, but they will not be tailored to your specific interests.
13. Information We Share. We do not sell or otherwise share information about you that we collect or receive, except as described below:
A. Affiliates. We may share information about you, including Personal Information, with our corporate affiliates, who will use it in accordance with their privacy policies.
B. Our Service Providers. We may engage third parties to provide the services offered through or in connection with the Oral Board Prep Sites on our behalf. We require such providers to maintain information about you as confidential and to use the information only to perform the services specified by us in a manner consistent with this Privacy Policy.
C. Co-Sponsored Promotions. In the event that you participate in a survey, sweepstakes, contest or other promotion that is co-sponsored by Oral Board Prep and a third party, we may share information collected in conjunction with the survey, sweepstakes, contest or promotion, including Personal Information, with that third party. After the information is provided to those third parties, the subsequent use or disclosure of such information is subject to their privacy policies and practices. Surveys, sweepstakes and other promotions conducted on behalf of Oral Board Prep and a third party will include branding from both Oral Board Prep and the third party.
D. Promotions on behalf of Third Parties. Periodically, third parties may conduct surveys, contests, sweepstakes and other promotions for their own purpose on the Oral Board Prep Sites. Information you provide in response to those activities is governed by their privacy policies. Surveys, sweepstakes and other promotions conducted solely for the purpose of a third party will include only the third party’s branding.
E. Corporate and Asset Transactions. If we sell all or substantially all of our business or sell or transfer all or a material part of our assets, or are otherwise involved in a merger or transfer of all or a substantial part of our business, we may transfer all information we have collected and stored, including Personal Information, to the party or parties involved in the transaction as part of that transaction.
F. Other. We may access or disclose information, including Personal Information, to:
14. Your Choices. You are entitled to make certain choices about how we communicate with you.
A. You may choose not to provide Personal Information, even though that might impact your ability to register or receive a particular product or service.
B. If you do not want to receive marketing email from us, you can follow the unsubscribe link provided in those emails.
C. You have a number of choices regarding certain Data Technologies. Most web browsers automatically accept cookies, but you can usually modify your browser’s setting to decline cookies if you prefer. You may also render some web beacons unusable by rejecting their associated cookies and disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or opting out at www.Evidon.com or the website of the technology provider. If you choose to decline Cookies or similar technologies, however, please note that certain features may not function properly or at all as a result. You may be able to adjust the use of advertising identifiers on mobile devices through the settings on your device. Finally, if you do not want to use a uniquely generated telephone number, you may choose to not call us.
D. If you do not want us to use Location Information, you can decline our initial invitation to provide that information, or opt out by changing the location services settings on your mobile device. However, please note that certain features may not function properly or at all as a result if you opt out.
Consent Form
Oral Board Prep Anesthesiology Website Terms and Conditions
Last updated: August 12, 2022
These Website Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, or “your”) and Oral Board Prep Anesthesiology, LLC, including its affiliates ("Oral Board Prep", “we”, “us”, or “our”), concerning your access to and use of our websites, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Website Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE WEBSITE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Website Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Website Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Website Terms and Conditions to stay informed of updates. You will be subject to, and you will be deemed to have been made aware of and to have accepted, the changes in any revised Website Terms and Conditions by your continued use of the Site after the date such revised Website Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
PRIVACY POLICY
Oral Board Prep respects the privacy of its Services users. Please refer to Oral Board Prep’s Privacy Policy (found here: www.oralboardprep.com/privacy) that explains how we collect, use, and disclose information that pertains to your privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Website Terms and Conditions. Please be advised the Site is hosted in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act (as amended), if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
RULES FOR USER CONDUCT AND USE OF THE SERVICE
You may be required to register with the Site. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You agree to notify us immediately of any unauthorized use of your password and/or account. Oral Board Prep will not be responsible for any losses or damages arising out of or related to the unauthorized use of your member name, password and/or account.
PRODUCT-SPECIFIC SERVICES
Oral Board Prep may offer, and you may elect, from time to time, to utilize certain Product-Specific Services offered on the Site. In addition to any other terms and conditions set forth under these Website Terms and Conditions, the following additional terms will apply specifically to the following Services:
USE RESTRICTIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Website Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; (7) your use of the Site will not violate any applicable law or regulation; and (8) you hold accurate, valid and up to date licenses and certifications purported to be held by you on the Site (if applicable). If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your use of the Site and refuse any and all current or future use of the Site (or any portion thereof).
Without limiting the foregoing, if you are (or represent, or purport to represent) an entity, by using the Site and/or Services you represent and warrant that the execution, delivery, and performance under these Website Terms and Conditions have been duly authorized by all necessary action of the respective entity and that the person(s) using the Site and/or Services on its behalf has the full capacity to bind that entity.
Your permission to access the Site is conditioned upon the following “Use Restrictions and Conduct Restrictions”:
You agree that you will not under any circumstances:
- send any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Site for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Site;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, Oral Board Prep may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Oral Board Prep has no control over Third-Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content.
Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Oral Board Prep, and Oral Board Prep is not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by Oral Board Prep. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. Oral Board Prep respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act (as amended), Oral Board Prep has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site and/or Services who are repeat infringers. Oral Board Prep may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (as amended, see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Oral Board Prep’s designated copyright agent at: info@oralboardprep.com or by mail to Stephen Popielarski, ic@3401, 3401 Market St, Suite 200, Philadelphia, PA 19104:
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. 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; and,
7. A statement that the information 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.
INTELLECTUAL PROPERTY
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Website Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We do not warrant that the Content will operate uninterrupted or error-free or that all errors will be corrected. In addition, we do not warrant that the Content or any equipment, system or network on which the Content is used will be free of vulnerability to intrusion or attack.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a single copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. We will at all times retain ownership of the Content as originally downloaded or used by you and all subsequent downloads of use of the Content by you. The Content (and the copyright, and other intellectual property rights of whatever nature in the Content, including any modifications made thereto) are and shall remain the property of us. We reserve the right to grant licenses to use the Content to third parties.
SITE MANAGEMENT
Oral Board Prep reserves the right, but not the obligation, to: (1) monitor the Site for violations of these Website Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Website Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of the Services available to you or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
TERM AND TERMINATION
These Website Terms and Conditions shall remain in full force and effect while you use the Site, and shall continue until the earlier of (i) you discontinue the use of the Site, (ii) you fail to comply with any terms and conditions of these Website Terms and Conditions, or (iii) we terminate or suspend your account. WITHOUT LIMITING ANY OTHER PROVISION OF THESE WEBSITE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE WEBSITE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, the licenses granted to you by these Website Terms and Conditions will immediately terminate and you agree to stop all access and use of the Site. You are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Website Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site and/or Services at any time, without prior notice.
WARRANTY DISCLAIMER
THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, ORAL BOARD PREP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ORAL BOARD PREP MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORAL BOARD PREP, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH ORAL BOARD PREP OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ORAL BOARD PREP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with Oral Board Prep, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your information; (2) use of the Site and/or Services; (3) breach of these Website Terms and Conditions; (4) any breach of your representations and warranties set forth in these Website Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. You agree to reimburse us on demand for any defense costs incurred by us and any payments made or loss suffered by us, whether in a court judgment or settlement.
If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
ARBITRATION AND CLASS ACTION WAIVER
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE BREACH, TERMINATION, OR VALIDITY THEREOF, SHALL BE FINALLY RESOLVED BY ARBITRATION. THE TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT TO ARBITRATE DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THE ARBITRATION AGREEMENT WILL REMAIN IN FORCE.
WITHOUT LIMITING THE FOREGOING, THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
GENERAL TERMS
These Website Terms and Conditions and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Delaware, without regard to conflict of law provisions.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE WEBSITE TERMS AND CONDITIONS, UNDERSTAND THE WEBSITE TERMS AND CONDITIONS, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: info@oralboardprep.com.