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Privacy Policy and Terms of Use for Web Site which Provides Test Preparation Services for Medical Licensing Exams __________________________ (Name of Owner or Web Site) User Agreement and Privacy Policy 1. Introduction A. This User Agreement ( Agreement ) is a legal document. It outlines your rights and obligations as a User of this Web Site (sometimes called Site ) in connection with the purchase and use of the Test Preparation Services provided by ___________________ (Name of Site Owner) . By accessing this Site or purchasing any of our Test Preparation Services, you acknowledge that you have read, understood, and agree to be bound by the provisions of this Agreement . This Agreement applies to all Users of this Site , irrespective of whether they purchase the Test Preparation Services (hereinafter sometimes called Services ). B. _____________________ (Name of Owner or Name of Web Site) reserves the right to revise the Test Preparation Services , the Privacy Policy, and any other part of this Site , from time to time in its sole discretion without further notice. If we do so, we will post the revisions on the Site and indicate the date of the last revision. By accessing this Site or purchasing any of our Test Preparation Services, you acknowledge that you have read, understood, and agree to be bound by the any changes in this Agreement , the Test Preparation Services , the Privacy Policy, and any other part of this Site . PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS AND EXCLUSIONS AND A PROCEDURE FOR RESOLVING DISPUTES. 2. Definitions As used in this Agreement : A. User means an individual or business that accesses or uses the Site . B. Registration means the process of registering to access or use this Site . You are Registered when you create an account by providing a user name, password, and certain personal contact information as prompted on the Site . C. Registration Information means the information, including user name and password, required of a User to use the Test Preparation Services. D. Enrollment means the process of signing up for the Test Preparation Services. You are Enrolled, and Enrollment has occurred, when you create an account and provide the necessary Enrollment Information. E. Enrollment Information means the information required of a User to complete the Enrollment process. Enrollment Information includes billing information such as credit card information for the purpose of paying fees. F. Site Content means all text, graphics, video, audio, links, communications, and other information contained on the Site . G. Privacy Policy means the statement of Privacy Policy, as amended from time to time. 3. Eligibility to Participate in Test Preparation Services To participate in the Test Preparation Services , you must be at least 18 years old. By using the Site , you represent that you are of legal age to form a binding contract, you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction, and you agree to comply with the terms of this Agreement . 4. Account Requirements If you enroll for the Test Preparation Services , you agree to provide accurate, current, and complete Registration Information (and, as applicable, Enrollment Information ) as prompted by the Registration and Enrollment processes. You agree to promptly update the Registration Information , Enrollment Information , and any other information you provide to _____________________ (Name of Owner or Web Site) and to keep it accurate, current, and complete. If you provide any information, or we reasonably suspects you have provided any information, that is untrue, inaccurate, not current, or incomplete, we may terminate your account and refuse all access to or use of the Site . You agree that your right to use the Site is personal to you, and you may not resell, assign, or make any commercial use of the Site or the Test Preparation Services . 5. Password and Security Upon Enrollment, you will select a user name and password. You are solely responsible for use of the Site . You must keep your password confidential so that no one else may access the Site through your account. You must notify ____________________ (Name of Owner or Web Site) immediately upon discovering any unauthorized use of the Site or if you believe your password has been compromised. 6. Service Access and Speed A. Service speed may vary depending on your online or Internet service provider, location, line quality, inside wiring, Internet traffic, and other factors beyond our control. You acknowledge and agree that you must provide for your own access to the Internet and pay any service fees associated with such access, and that you must provide all equipment necessary for you to make such connection to the Internet, including a computer and modem. B. You may not have full access to the Site if the Internet connection for your Internet service provider is down or inaccessible, or if you provide incorrect information. If your Internet service provider terminates your service, your access to the Site may be limited or denied. __________________ (Name of Owner or Web Site) is not responsible for any such limitation or denial, or for any long-distance, toll, or other charges or fees you incur while you use the Site . 7. Third Party Sites The Site may contain links to websites provided or operated by other parties. When you visit any such websites, you do so at your own risk. We undertake no obligation to monitor such websites and are not responsible for any damage, loss of privacy, or offensive material you may encounter as you navigate away from the Site. You should consult the user agreements and privacy and security policies of any such websites you visit. 8. Charges and Billing You must make the necessary payment at the time you enroll for the Test Preparation Services. Payments are non-refundable. When you are ready to enroll for the Test Preparation Services, you must (describe method of enrollment and payment, e.g., Pay Pal) _________ ________________________________________________ . The cost of using the Test Preparation Services is (describe) _______________________________________________ ___________________________________________________________________________ . You may receive a full refund within (describe period) ________________________________ by (describe notification process) ______________________________________________ ___________________________________________ . 9. Disclaimer of Warranties Our Website and the Services provided through it are provided on an “AS IS” and “AS AVAILABLE” basis. Your use of this Site shall be at your sole risk. _______________ (Name of Owner or Web Site) disclaims to the fullest extent permissible by law, and you waive, all warranties of any kind, whether expressed, implied, or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement, in connection of the Website and your use thereof. __________________ (Name of Owner or Web Site) makes no warranties or representations about the accuracy or completeness of this Website's content and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of content, (ii) any unauthorized access to or use of our Site, (iii) any interruption or cessation of transmission to or from our Website. (iv) any bugs, viruses, Trojan horses, or similar which may be transmitted to or through our website by any third party, (v) any errors or omissions in any content and/or (vi) any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available through the Website. You assume the entire risk of loss and damage due to your use of the Website, including but not limited to the cost of repairs or corrections to your hardware or software. 10. Limitation of Liability Your use of our Website is entirely at your sole risk. ___________________ (Name of Owner or Web Site) shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses, including without limitation loss of use, data, profits, goodwill, or other intangible losses, whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of our Site . 11. Indemnification You agree to indemnify and hold harmless __________________ (Name of Owner or Web Site) from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), arising out of your acts or omissions, including claims resulting from your use of the Website. 12. Choice of Law The terms of this User Agreement and use of this Site is governed by the laws of the State of ________________ (Name of State) . 13. Copyrights and Trademarks A. All content included on this Site , such as text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of __________________ (Name of Owner or Web Site) and protected by U.S. and international copyright laws. Any software used on this Site is the property of ______________________ (Name of Owner or Web Site) or its software suppliers and protected by U.S. and international copyright laws. B. ______________________ (Name of Web Site) is a trademark of ______________________ (Name of Owner or Web Site) and may not be used in connection with any product or service that does not belong to ___________________ (Name of Owner or Web Site) in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ____________________ (Name of Owner or Web Site) . 14. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 15. Entire Agreement This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement . 16. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 17. PRIVACY POLICY A. _______________________ (Name of Owner or Web Site) does not collect personally identifiable information about individuals who visit our Site except when the information is specifically provided on a voluntary basis. Personally identifiable information on Users will not be sold or otherwise transferred without the approval of the User. ____________________ (Name of Owner or Web Site) reserves the right to contact a User regarding account status, changes to the Agreement and other matters relevant to the use of the Site . ____________________ (Name of Owner or Web Site) reserves the right to change this policy at any time. Any such change will be posted on the Site . B. Our Site may use cookies to facilitate easier navigation within the Site and provide a higher level of convenience for the visitor. A cookie is a small piece of information about an Internet session that may be created when a visitor accesses a website. Any use of cookies used by our Site will not written to the visitor's hard drive, exist only until the browser is shut down, do not contain any personal information regarding the visitor, and do not retrieve any information from the visitor's personal computer. C. Credit Card Purchases : Information provided for your purchase (including billing name, billing address, telephone number, and fax number) will not be shared or sold to anyone outside of ____________________ (Name of Owner or Web Site) nor to any third party. Payment information (such as credit card numbers and expiration dates) is treated confidentially and will not be shared with anyone except the financial institutions used to process payments. D . We use the __________________ ( type of software) to protect your billing information. _________________ (T ype of software) encrypts information and keeps the data private and confidential between your computer and ___________________ (Name of Owner or Web Site) . This technology makes it safe to transmit your credit card number over the Internet. 18. Termination This Agreement is effective until terminated by ____________________ (Name of Owner or Web Site) at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in this Agreement shall survive. 19. Monthly E-Mails and Newsletter If you wish to receive our monthly e-mails and/or newsletter, please contact us at: ________________________ (Name of Owner or Web Site) ________________________ (E-Mail Address) 20. Contacting Us If you have any questions about this privacy statement, the practices of this Site, or your dealings with this Site, you can contact: ________________________ (Name of Owner or Web Site) ________________________ (E-Mail Address) Date of Last Revision: _________________ (Date)