Terms of Use

SITE TERMS OF USE

1. Acceptance of Terms

MDadmit, LLC (referred to as “us” or “we”), provides the MDadmit.com website (http://mdadmit.com) and the MDadmit Blog (http://mdadmit.blogspot.com/) (collectively re-ferred to as the “Site”), as well as certain downloadable products and services (collectively referred to as “Services”), subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you.

We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Services after such modifications will constitute ac-knowledgement and acceptance of the modified Terms.

As used in these Terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Services available on this Site.

BY USING THIS SITE AND SERVICES ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, SERVICES OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, SERVICES OR OFFERINGS. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK THE ‘I AGREE’ BUTTON BELOW.

2.Description of Services

Services. MDadmit provides a number of Services for users on its Site, including post-baccalaureate and medical school educational admissions counseling, entrance essay review, mock interview preparation and career and medical residency counseling. A full list of Services provided can be viewed on our Get Started (http://mdadmit.com/get-started).

No Guarantee. Although MDadmit and Suzanne Miller, MD, FACEP, FACEM work hard to provide quality Services on behalf of their clients, you understand and acknowledge that neither MDadmit nor Dr. Miller can promise or guarantee specific results from using the Site or Services available on this site.

Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) (including, but not limited to: Skype, AOL Instant Messenger, Google Hangout, Facetime, etc.) that you may use to access the Site or Services we provide. You agree that the Services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3.Payment of Fees

Payment of Fees. If you choose to purchase one or more of the Services provided via the Get Started Page, you agree to pay all fees associated with the Services. This site does not process credit cards, or take other payment processing information. Payment processing is handled through third-party services, including the online payment processor Paypal.com. Information on PayPal’s Terms of Service and Privacy Policies can be found on the Paypal.com website (https://www.paypal.com/cgi-bin/webscr?cmd=p/gen/terms-outside). In the event you sign up for a Service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of service.

Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services or products (such as books or software) you have purchased, you agree that we may, at our option, suspend or terminate performance of Services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

4.Site Conduct and Posting Policies

User-Created Content Guidelines: Your use of the Site, including the MDadmit Blog, is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you author on the Blog. By posting information in the comments section of the Blog, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:

i.is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;

ii.victimizes, harasses, degrades, or intimidates an individual or group of indi-viduals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

iii.infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

iv.consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

v.contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hard-ware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;

vi.breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;

vii.impersonates any person or entity, including any of our employees or representatives.

No Endorsement. MDadmit neither endorses nor assumes any liability for any material uploaded or submitted by users of the Site or on the Blog. Although we do not pre-screen, police or monitor comments posted on the Blog, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.

5.Third-Party Sites and Information

This Site may redirect or link to other websites on the Internet, including Amazon.com, barnesandnoble.com, howtobepremed.com, and Paypal.com, or may otherwise include references to information, documents, software, materials and/or services provided by third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.

6.Intellectual Property

Content. For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by MDadmit, LLC or its Affiliates.

Ownership of Content. By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of MDadmit, LLC or its Affiliates.

Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.

Notwithstanding the preceding paragraph, MDadmit grants you a non-exclusive, limited right to use, copy, distribute, display, publish, adapt or modify content supplied to you by us as part of one or more purchased Services. Such content may include: admissions essays, resumes, or letters that we have edited on your behalf and mock interview comments we have generated for you.

No warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

Information We Receive From You. Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us (including our employees, contractors Affiliates or assigns), a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium whatsoever in which it is used.

7.Disclaimer of Warranties

ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Site, you may have the opportunities to engage in commercial transactions with other vendors. You acknowledge that all transactions relating to any products or services offered by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between the seller of such merchandise and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

8.Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount you paid us for Services purchased on the Site during the six (6) month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR SERVICES OR CONTENT, OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

9.Indemnification

You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

10.International Use

Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States or Canada. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States or Canada, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.

11.Termination of Use

Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.

No Right to Services Upon Termination. Upon termination, regardless of the reasons therefore, your right to use the Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately return all materials you have provided to us, as well as all related information and/or files we have maintained about you. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-11 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.

12.Governing Law

This Site (excluding any Third Party websites) is controlled by us from our offices within the state of Florida, and the statutes and laws of Florida shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Florida or the U.S. District Court for Florida to such matters controlled by that court.

13.Miscellaneous

Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected], if by email, or at MDadmit, LLC, 428 Childers Street, #24582, Pensacola, FL 32534, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Services provided through this Site, beyond the limited rights granted to you under Section 6 of these Terms.

Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

Entire Agreement. These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and under-standings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

MDadmit, LLC (referred to as “us” or “we”), provides the MDadmit.com website (http://mdadmit.com) and the MDadmit Blog (http://mdadmit.blogspot.com/) (collectively referred to as the “Site”), as well as certain downloadable products and services (collectively referred to as “Services”).

From time to time, when accessing our Site, we may learn certain information about you during your visit. How we will handle that information depends upon what you do when visiting our Site.

1.TYPES OF INFORMATION WE COLLECT

A. Aggregate Information

If you visit our site to read or download information available on our main website or from the MDadmit Blog, we may collect and store the following types of aggregate user information about you:

•The name of the domain from which you access the Internet;

•The date and time you access our Site;

•The Internet address of the referring website you used to link to our Site;

•Search terms that you may have used to get to our Site;

•“Cookies” and other technologies to keep track of how you interact with specific features of the Site.

B.Personally Identifiable Information (“PII”)

If you choose to sign up for one or more Services, or submit an email to us, we may request certain limited forms of personally identifiable information (PII) from you in order to assist you with counseling and/or in the performance of other Services you may request. Examples of PII we may ask for or receive voluntarily from you include:

•Your first and last name;

•Your address and telephone number and/or Skype ID;

•Your email address;

•Your race and gender;

•Portions of your AMCAS / AACOMAS/ ERAS packets, including: demographic data, disadvantaged statements, university transcripts, personal statements, work activities, secondary essays, and letters of intent (if submitted);

•Your MCAT/USMLE scores (if submitted);

•Your cumulative and science GPAs (if submitted);

•A copy of your resume (if submitted).

2.HOW WE USE THE INFORMATION WE COLLECT

A.Aggregate Information

We collect and use aggregate information to operate and improve the Site and Services we offer. For example, we may collect information on how and when you access the site to monitor overall Site traffic, measure visitor interest in specific aspects of or content on the Site, or to identify specific system performance issues that may arise.

For site security purposes and to ensure that this service remains available to all users, we may also use software programs to monitor specific trends in network traffic and to identify users that are attempting to gain access to unauthorized areas of this site, upload malicious software or files, change content on this site, or otherwise violate our Site Conduct and Posting Policies (See MDadmit terms and conditions).

B.PII

As discussed above, when you register for or sign up for Services on this Site, we (including our contractors and Affiliates) may use PII we collect from you in order to perform the Services you request from us (such as counseling, essay editing, mock interview preparation, etc.).

Occasionally, we may use certain PII (such as your name and email address, phone number or Skype ID) to communicate with you directly about Services you have ordered, content you have purchased, or to advertise additional Services or products that you may be interested in. Should it be necessary, we may also disclose certain PII if we are presented with a valid subpoena from a court of law in connection with a civil or criminal matter.

MDadmit values the privacy of your personal information, and we take reasonable steps and precautions to ensure that we do not collect more information than is necessary. We also take reasonable steps to ensure that your data is reasonably maintained, and to ensure that the information we do collect is used properly.

MDadmit will not sell, lease or rent your PII to unaffiliated third parties without notifying you first, either through a change in this privacy policy, or via email.

3.CONTROLLING UNSOLICITED E-MAIL (\"SPAM\")

MDadmit is concerned about the spread of unsolicited commercial e-mail, or \"spam.\" Accordingly, if you wish to sign up for one of our free products or subscribe to our mailing list you will need to confirm your request via email. You are also free to opt-out at any time from receiving messages or solicitations by clicking on the ‘Unsubscribe’ link found at the bottom of email messages we send.

4.CHANGES TO THIS PRIVACY STATEMENT

We reserve the right to change this Privacy Policy from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review the Privacy Policy. Your continued use of the Site and Services after such modifications will constitute acceptance of these modifications.

As used in this Policy, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Services available on this Site.

5.HOW TO CONTACT US

For more information about our privacy practices, or general questions regarding the Site, please contact us by sending an email to [email protected] or by phone at 202.738.4353.