Terms
TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
TERMS AND CONDITIONS
You have enrolled in a program with Total Access Consulting, LLC d/b/a Med School Admit (“TAC, “MSA”, “we”, “us”, “our”, “Company”). By enrolling, you agree to the following Terms and Conditions:
INTELLECTUAL PROPERTY:
All program techniques and materials (online and print), content, code, software, data, videos, and session transcripts, copyrights, registered and unregistered trademark rights and other intellectual and property rights (“Program Content”) used in or related to your Med School Admit Program (“MSA Program”) are the exclusive property of TAC. MSA Programs are for your personal and non-commercial use only. You may not enroll in or use any MSA Program for the benefit of any third-party, including TAC competitors. You agree not to disclose, reproduce, sell or distribute to any third party any Program Content or any information, written or spoken, including course materials, obtained from TAC in connection with TAC courses or programs. You further agree not to share your online TAC password or to otherwise allow any other person to use the TAC online resources purchased by you. You may not download, screenshot, copy or reproduce Program Content in any manner. To the extent you download software or documentation to access services, materials, forms, or videos in connection with your MSA program, TAC grants you a limited, non-assignable, non-transferable, revocable license to use such services and materials solely for use with your purchased program or services and only for your personal, non-commercial use during the access period of your MSA Program. Such license terminates when your program, plan or other service expires or otherwise terminates.
USER CONTENT:
If you submit comments, photos and other content to TAC (“User Content”) through TAC website(s), social media communities, survey responses, assessment forms, email or otherwise, you grant TAC an irrevocable, royalty-free, perpetual, transferable license to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any
format and on any platform either now known or hereinafter invented, and to associate User Content with your name and likeness. You are solely responsible for your User Content. You represent and warrant that you have the right to submit User Content to use and the right to grant the license agreed to herein. You warrant that User Content, and TAC’s use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or privacy right of any third-party.
ACCESS AND PASSWORDS:
You are solely responsible for all telephone, computer hardware and other equipment required for access to and use of our online services. When you set up a TAC account, you must select a password. You are responsible for maintaining the confidentiality of your password and agree not to disclose your password to any third party. TAC has the right to terminate your account for any reason at our sole discretion and without notice to you.
PAYMENT:
You agree to pay in full by credit card/debit or other payment acceptable to TAC, for your purchases of TAC products and services as follows:
• For Med School Admit Assessment, payment is due in full at the time of purchase. You have five (5) business days before you begin your Med School Admit Assessment to request a refund. You are not entitled to a refund at any time after the Med School Admit Assessment begins.
• For Med School Admit Preparation Online Course, payment is due in full at the time of purchase. If you do not log onto the Med School Admit Preparation Online Course within fourteen (14) business days of purchase, you will be entitled to a full refund. Once you log onto the Med School Admit Preparation Online Course, you are not entitled to any refund.
• For Med School Admit Preparation Course with Med School Admit Tracking Sessions (“MSA Tracking Sessions”), you must pay the program deposit amount equaling one half of the fee (or may pay in full) at the time you enroll. All students must pay in full by the first scheduled MSA Tracking Session. If you do not log onto the Med School Admit Preparation Online Course within fourteen (14) business days of purchase before the first scheduled MSA Tracking Session, you will be entitled to a full refund. If you log onto the Med School Admit Preparation Online Course and notify us that you will not attend the MSA Tracking session within five (5) business days of the first scheduled MSA Tracking Session, you are entitled to a 50% refund of the total enrollment fee. After any participation in your first scheduled MSA Tracking Session, you are not entitled to any refund.
• If you purchase a Med School Admit Program with MSA Tracking Sessions, you and your Med School Admit advisor will plan a meeting/communication schedule that is mutually convenient. If you need to cancel or postpone a MSA Tracking Session, you must notify TAC at least 24 hours in advance of the scheduled MSA Tracking Session. Failure to do so will result in a deduction of the MSA Tracking Session from your MSA Tracking Session Package or payment of a $100 rescheduling fee, at TAC’s discretion.
• Med School Admit Programs, including MSA Tracking Session locations, are subject to change and/or cancellation. TAC will notify you of any changes or cancellations.
• For all Med School Admit Programs, you agree to pay all required enrollment fees, plus applicable tax, for any purchases you make concurrent with your order. If your payment method is declined and you receive the products or services, you agree to pay all amounts due upon demand by us. If you have not yet received the products or services, TAC may cancel your order. You authorize us to charge the payment method we have on file, regardless of whether the information associated with such payment method has changed, including but not limited to the expiration date of a credit card. TAC may receive updated information about your payment method from the issuing financial institution. If TAC requests a third party to collect unpaid amounts that you owe, you will be liable for all of TAC’s attorneys' and/or collection agency fees.
CONSENT AND RELEASE:
During your Med School Admit Program, TAC may contact you for feedback related to your program. You agree that TAC may use your feedback for internal purposes. Med School Admit Programs or other activities may occur in hotels, schools and other facilities not controlled by TAC (“Third Party Facilities”). You waive any claim against TAC arising from your use of Third Party Facilities, including claims related to the safety and security of Third Party Facilities.
MOBILE DEVICES AND SMS:
You may provide TAC with a telephone number upon enrollment in a Med School Admit Program. You agree that TAC may contact You about your Med School Admit Program by telephone and/or text message using the telephone number provided. Med School Admit Programs may offer content and features via mobile device. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain mobile features may be incompatible with your carrier or mobile device.
STUDENT REMOVAL:
TAC may remove from any Med School Admit Program any student who TAC determines, in its sole discretion, (a) disruptive to any Med School Admit Program, (b) dangerous to other students, staff, or faculty, (c) to have violated any intellectual property right of TAC or others. Students removed from Med School Admit Programs are not entitled to any refund.
DISCLAIMER/LIMITATION OF LIABILITY:
TAC WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR MED SCHOOL ADMIT PROGRAM, EVEN IF TAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TAC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TAC'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR MED SCHOOL ADMIT PROGRAM WILL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR MED SCHOOL ADMIT PROGRAM. IN PARTICULAR, BUT WITHOUT LIMITING THE FOREGOING, IN RELATION TO ASSESSMENT, STRATEGY, OR ANY PREPARATION SERVICE, TAC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO (A) THE LIKELIHOOD OF SUCCESS IN OBTAINING ADMISSION TO AN EDUCATIONAL INSTITUTION OR MEDICAL PROGRAM, (B) WHETHER THE SERVICES WILL ENHANCE OR DETRACT FROM THE STRENGTH OF YOUR APPLICATION TO ANY EDUCATIONAL INSTITUTION OR MEDICAL PROGRAM, OR (C) ANY GUARANTEE THAT YOU WILL OBTAIN ADMISSION TO ANY EDUCATIONAL INSTITUTION OR MEDICAL PROGRAM. TAC SHALL NOT IN ANY WAY BE LIABLE FOR YOUR FAILURE TO ACHIEVE ADMISSION TO ANY EDUCATIONAL INSTITUTION OR MEDICAL PROGRAM.
GOVERNING LAW:
These Terms and Conditions and any claim or dispute arising out of, relating to or in connection with these Terms and Conditions or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of Louisiana without giving effect to its conflicts of law principles. The exclusive means of resolving any such claim or dispute shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Company in a small-claims court of competent
jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
MISCELLANEOUS:
These Terms and Conditions supersede all prior oral or written agreements and constitutes the entire agreement between the parties. Terms cannot be changed or modified orally. If any provision of these Terms and Conditions is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of the Terms and Conditions shall continue in full force and effect. TAC reserves the right, in its sole discretion, to change these Terms and Conditions, in whole or in part, at any time. Changes in these Terms and Conditions will be effective when posted.
ACCEPTANCE OF TERMS AND CONDITIONS:
Please indicate your acceptance of these Terms and Conditions by checking the “I agree to the Terms and Conditions” checkbox when prompted. I understand that by checking the checkbox when prompted, I acknowledge that I have read and that I agree to these Terms and Conditions. Note that you must be 18 years of age or older to accept these Terms and Conditions. If you are less than 18 years of age, you must have a parent or guardian accept on your behalf. Checking the “I agree to the Terms and Conditions” box is a representation from you that you are at least 18 years of age.
