These terms of service (the “Terms”) is an agreement between you or the entity you represent (“you,” “your,” or “user”) and Future Teaching Physicians, LLC (the “Company,” “we,” “us” or “our”), an online medical education company that provides medical education content, test preparation resources and related services to its customers. These Terms apply to the use of the Company’s website located www.omtreview.com and services available through such website (collectively, the “Site”). The Site is intended for the use of adults 18 years or older. You are not permitted to use the Site if you are under the age of 18.
To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Site, without prior notice to you, by posting a revised version of the Terms and/or a notification about changes made to features or functionality. Any revisions to these Terms will take effect when a revised version or a notification is posted on the Site unless otherwise stated. Your continued use of the Site after the revision date constitutes (a) your acceptance of revised Terms and/or changes made to the Site and (b) agreement to be bound by any such revised terms and conditions.
If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, “you,” “your,” or “user” will refer and apply to that entity.
YOUR ACCOUNT AND IDENTITY
Your Account. In order to get full access to the Site, you must (i) register for an account (“Account”), and (ii) provide certain information about yourself as requested in the online registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Site does not violate any applicable laws, and (d) you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms.
You may close your Account at any time, for any reason, by following the instructions on the Site. The Company may suspend or terminate your Account in accordance with the Term and Termination section of the present Terms.
Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. You agree not to disclose your password to anyone and you shall be solely responsible for any use of or action taken through the use of such password on the Site. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. By using your Account, you acknowledge and agree that the Company’s account security procedures are commercially reasonable. You agree to immediately notify the Company in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security.
GRANT OF LICENSE
- Subject to the terms and conditions of these Terms, the Company grants you a non-transferable and non-exclusive license of the right to use the Site and its educational content.You may print or download the educational content available on the Site for your own personal, non-commercial, informational or scholarly use only. Upon termination of this license, you must destroy any such educational materials in your possession whether in electronic or printed format.
Certain Restrictions. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive service; (d) you shall not remove or destroy any copyright notices or other proprietary markings found on the Site. Any future release, update, or other addition to any of functionalities or content of the Site shall be subject to the terms and conditions of these Terms.
Moreover, you agree not to use the Site to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Site (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Site or servers or networks connected to the Site (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Site.
- We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Site or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Site or any part thereof.
- We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Site. The Site is licensed to you; this means that the Site is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Site. Our name, logo, and other names associated with the Site belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
MONTHLY SUBSCRIPTION, CANCELLATION & REFUND POLICY
Monthly subscription. You shall be allowed to use the licensed materials for the specific course(s) and matter to which you subscribe. Each course has its own subscription fee and course duration. You are not allowed to access the content of courses that you have not subscribed to.
Payment terms. You must provide us with a valid credit/debit card or PayPal information in order to sign up for a monthly subscription. Your credit/debit card or PayPal account on file will be automatically charged the relevant fee every month. If you cancel a payment or initiate an improper chargeback your Account may be suspended.
If your subscription has not been activated, we can refund you in full. Other refund requests will be evaluated on a case by case basis.
If you puchase the OMT REVIEW book, and you received any defective or damaged product, email us at [email protected] with a picture of the damaged book and we will send you a new copy of the book immediately.
WARRANTIES & DISCLAIMERS
ALL THE EDUCATIONAL CONTENT PROVIDED ON THE SITE IS STRICTLY FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO SUBSTITUTE ADVICE FROM YOUR HEALTH CARE PROVIDER OR PHYSICIAN. SUCH EDUCATIONAL CONTENT CANNOT BE USED TO MAKE A DIAGNOSIS OR TREAT ANY HEALTH CONDITION. MOREOVER, THE COMPANY MAY OFFER PREPARATORY TESTS ON THE SITE THAT ARE ASSOCIATED WITH CERTAIN MEDICAL EDUCATION BOARDS AND ORGANIZATIONS. THE COMPANY IS NOT AFFILIATED WITH ANY OF SUCH MEDICAL EDUCATION BOARDS AND ORGANIZATIONS.
THE SITE, INCLUDING ALL THE EDUCATIONAL CONTENT AND SERVICES AVAILABLE THROUGH IT,IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SITEEVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, officers, agents, employees, representatives and agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Site, (ii) your violation of these Terms, or (iii) any claim, judgment, or adjudication that any action of yours infringes proprietary rights or other rights of any third party or any other Site user.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
TERM AND TERMINATION
- Term. You hereby acknowledge and agree that these Terms shall come into force on the date you create an Account and will remain in force and effect until terminated in accordance with these Terms.
- Termination. You may terminate these Terms at any time and for any reason by closing your Account on the Site.
We may suspend your rights to use the Site and/or terminate these Terms, at any time and for any reason, at our sole discretion, with or without notice to you, including if we believe you have violated any provision of these Terms.
Upon termination of these Terms, your Account and right to use the Site will automatically and immediately terminate. We will not incur any liability whatsoever to you for termination of these Terms or deletion of your Account. Termination shall not relieve you of the requirement to pay for any outstanding fees, which are non-refundable.
- Modifications. No modification or amendment to these Terms shall be binding upon the Company unless in a written instrument signed/executed by a duly authorized representative of the Company.
- Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
- Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Site. Notices hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a posting on the Site or (c) by you via email to [email protected] or to such other email addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Governing Law. These Terms shall be governed by the laws of State of Florida, USA without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in New York County, NY, USA for the purpose of litigating all claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.