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Consent Form

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[A4]  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.