These terms and conditions of use are a legal agreement (the “Agreement”) between you and Premier MCAT Prep, a subsidiary of Premier MCAT Prep, LLC (“Premier MCAT Prep”, “we”, “us”, or “our”). Your use of or participation in certain additional services may be subject to additional terms, and such terms will be presented to you when you sign up to use such services. Premier MCAT Prep’s Service consist of the following, without limitation: an online resource for preparation, including all website(s) and features, functionalities (collectively, the “Site”), and user interfaces, as well as all content and software associated with our Service. In addition, Premier MCAT Prep frequently tests various aspects of the Service, including the Site, user interfaces, course offerings, delivery, and pricing. Premier MCAT Prep reserves the right to include you or exclude you from these tests, with or without your explicit consent. If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described below to resolve any disputes with Premier MCAT Prep (except for matters that may be taken to small claims court). By accessing, using, visiting, or browsing the Premier MCAT Prep Service, you accept and agree to this Agreement. If you do not agree to this Agreement, do not use the Premier MCAT Prep Service. This Agreement is subject to change by Premier MCAT Prep in its sole discretion at any time, with or without notice. Your continued use of the Service after the posting of revisions to this Agreement constitutes your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
ARTICLE I: USE OF PREMIER MCAT PREP TEST PREPARATION
Minimum Age: You must be at least 18 years old to access and register for the Service. The Service is open to United States and international residents. Terms and Termination: Subject to this section, this Agreement will remain in full force and effect while you use the Service and in perpetuity unless terminated in accordance with this Agreement. Upon termination of this Agreement, your right to access and use the Service and any User Content (as defined below) you created will terminate immediately. Either you or Premier MCAT Prep may terminate this Agreement at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Premier MCAT Prep may also immediately suspend your access to the Service, without notice or explanation, for any reason or no reason. We also reserve the right to remove your account information or data from the Service and any other records at any time at our sole discretion.
Exclusive Use: Your account is for your personal use only. You agree not to allow others to access your Premier MCAT Prep online account for any reason. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Premier MCAT Prep is not responsible for third-party access to your account that results from theft or misappropriation of your mobile devices, usernames, or passwords.
Geographic Limitations: Premier MCAT Prep’s Service is intended for use in the United States and internationally. You will only use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You shall not be, and agree that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a Specially Designated National, or (iii) placed on the Commerce Department’s Table of Deny Orders. To the extent that the Service is not legal in your jurisdiction, you may not use the Service.
Information Submitted: You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service and (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter post) through the Service, if applicable. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs, and content available through the Service. Redistribution or republication of any part of the Service is prohibited, including such by framing or other similar or any other means, without the express written consent of Premier MCAT Prep.
No False Information: You will not provide inaccurate, misleading, or false information to Premier MCAT Prep or to any other person who uses the Service (a “User”). If information provided to Premier MCAT Prep or another User subsequently becomes inaccurate, misleading, or false, you will promptly notify Premier MCAT Prep of such change.
Risk Assumption and Precautions: You assume all risk when using the Service and purchasing through any third-party vendors, including but not limited to all of the risks associated with any online or offline interactions with others and all risks associated with your purchases from third-party vendors.
No Guarantees: You understand that Premier MCAT Prep makes no guarantees, either express or implied, regarding your chances or ability to get a certain score on any particular exam. While Premier MCAT Prep strives to create materials which accurately simulate official exams, Premier MCAT Prep makes no guarantees regarding any of its materials and how well they simulate any other exam. Premier MCAT Prep does not guarantee acceptance to any school or residency program, passage of any exam, or any other such outcome. Premier MCAT Prep practice exams are created and owned solely by Premier MCAT Prep. Premier MCAT Prep is not in any way associated or affiliated with the Association of American Medical Colleges or the Law School Admissions Council. The Association of American Medical Colleges and the Law School Admissions Council does not review or provide any input whatsoever to the Premier MCAT Prep team regarding any of its products, including but not limited to, practice exams.
Technical Requirements: Premier MCAT Prep Online Access will include access to all tutors, Test Practice, Qbank, and Course. Online Access will be supported on the up-to-date versions of Google Chrome and Mozilla Firefox browsers. You should maintain updated versions of these browsers for the Online Access to work correctly. Tutors will almost exclusively use the Zoom platform. The Online Access was designed for use on laptops or desktops. While some functions may work on mobile devices (including tablets), not all will, and using these devices to access your online resources is not recommended. Online Access may experience scheduled and unscheduled downtime due to technical issues. The quality of the display of the streaming content available through the Service may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through, and/or the speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Premier MCAT Prep makes no representations or warranties about the quality of your watching experience on your display. Access to the Service may be temporarily unavailable or interrupted at times, with or without notice.
Beta Features: From time to time, Premier MCAT Prep may offer new “beta” features or tools with which Users may experiment on the Service. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Premier MCAT Prep’s sole discretion.
Reporting of Violations: You will promptly report to Premier MCAT Prep any violation of this Agreement by other Users.
Content Removal: Premier MCAT Prep reserves the right, but has no obligation, to monitor the information or material you submit to the Service or post in any public areas of the Service, if applicable. Premier MCAT Prep may remove any such information or material in its sole discretion.
Posting and Communication Restrictions: You will not post on the Site, transmit to other Users, communicate any content (or links thereto), or otherwise engage in any activity through the Service, that: 1. is intended to defraud, swindle, or deceive others; 2. is intended to or tends to harass, annoy, threaten, or intimidate other Users, or Premier MCAT Prep personnel; 3. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes; 4. impersonates, or otherwise misrepresents affiliation, connection, or association with, any person or entity; 5. collects or solicits personal information about anyone under 18; 6. promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; 7. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene, or otherwise objectionable; 8. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first; 9. contains video, photographs, images, or audio recordings of another person without his or her permission (or in the case of a minor, the minor’s legal guardian); 10. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices; 11. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; 12. promotes or solicits involvement in or support of a political platform, religion, cult, or sect; 13. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of Service; 14. solicits gambling or engages in any gambling or similar activity; 15. uses scripts, bots, or other automated technology to access the Service; 16. uses the Service for chain letter, junk mail, or spam e-mails; or 17. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
No Advertising or Commercial Solicitation: You will not advertise or solicit any User to buy or sell any products or services or to donate to any Charities through the Service. Further, you will not use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, spam, or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to Premier MCAT Prep, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Premier MCAT Prep $50 for each such unsolicited communication you send through the Service.
ARTICLE II: PAYMENT TERMS
Ordering Services: You may order certain services on the Site by following the directions on the Site. Premier MCAT Prep may change the pricing for a service (from time to time in its sole discretion) by updating the Site and without any notice to you. Please do not use the store if you are under 18 years of age.
Payment Terms: If you order on the Site, you agree to pay the then-current applicable fee listed on the Site. Premier MCAT Prep will use a third-party payment processor to bill your credit or debit card submitted in ordering the service. You hereby authorize Premier MCAT Prep’s third-party payment processor to bill your card as described above. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties.
ARTICLE III: PROPRIETARY RIGHTS
Ownership of Proprietary Information: You hereby acknowledge and agree that Premier MCAT Prep is the owner of valuable proprietary information, including without limitation, the website content, practice tests, study aids, software code, and other intellectual property used to operate the Service (collectively, “Confidential Information”). Premier MCAT Prep owns and hereby retains all proprietary rights in the Service, including but not limited to, all Confidential Information.
You agree to use Premier MCAT Prep’s online resources, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in this Agreement) content and information contained on or obtained from or through the Premier MCAT Prep’s online program resources without express written permission from Premier MCAT Prep. You also agree not to: circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Premier MCAT Prep’s online program resources; use any robot, spider, scraper or other automated means to access the Premier MCAT Prep’s online program resources; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Premier MCAT Prep’s online program resources; insert any code or product or manipulate the content of the Premier MCAT Prep’s online program resources in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Premier MCAT Prep’s online program resources, including any software viruses or any other computer code, files, or programs.
No Use of Confidential Information: You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) any material, including copyrighted material, trademarks, or other proprietary information, accessible via the Service, without first obtaining the prior written consent of the owner of such proprietary rights.
Partners and Third-party Advertisers: Premier MCAT Prep may post third-party copyrighted information, whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any third-party proprietary information available via the Service.
License to Posted Content: By uploading any of your information and content to any profile pages or public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Premier MCAT Prep an irrevocable, perpetual, non-exclusive, fully-paid, worldwide, royalty-free license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
If you are found to be in violation, you will be subject to disciplinary and legal action, including but not limited to any or all of the following:
• Immediate termination of enrollment in the Course;
• Forfeiture of tuition paid and any refund due for any unused portion of the Course;
• Exclusion from enrolling in any future Premier MCAT Prep programs or tutoring; and
• Possibility of civil penalties and criminal prosecution. Willful Infringement of copyrighted works may result in federal imprisonment of up to five years and $250,000 in fines.
ARTICLE IV: USER INFORMATION
Links to the Site: You may not create a link to any page of the Site without Premier MCAT Prep’s prior written consent. If you do create a link to a page of the Site, you do so at your own risk.
Disclosure By Law: You acknowledge and agree that Premier MCAT Prep may disclose information you provide if required to do so by law, at the request of a third party, or if Premier MCAT Prep, in its sole discretion, believes that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Premier MCAT Prep’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person is threatened.
ARTICLE V: THIRD-PARTY SITES; OTHER USERS
Third-Party Sites: The Site may contain links to third-party websites and services for third parties (collectively, “Third-Party Sites”). Such Third-Party Sites are not under the control of Premier MCAT Prep and Premier MCAT Prep is not responsible for any Third-Party Sites. Premier MCAT Prep provides these Third-Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Sites. Opinions expressed or material appearing on Third-Party Sites are not shared or endorsed by Premier MCAT Prep. You use all Third-Party Sites at your own risk. When you visit a Third-party Site, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices, and Premier MCAT Prep is not responsible for such terms, policies, and practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Sites.
Third-Party Content: The Services may contain opinions, advice, statements, offers, or other information or content from third parties (“Third-Party Content”). are those of their respective authors, and should not be relied upon. Such authors are solely responsible for such content.
Other Users: Each User, including you, is solely responsible for any and all information and content he or she submits to or uses with the Services (collectively, “User Content”). Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users are solely between you and such User. You agree that Premier MCAT Prep will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User, we are under no obligation to become involved.
Release: You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Users or Third-Party Sites.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
ARTICLE VI: FREE TRIAL
If you participate in a Free Trial, you must cancel the subscription by the end of the Free Trial period to avoid incurring any charges. However, the “Find my Tutor” free subscription is exempted from this – this service will remain free unless severely abused. If you do not cancel the subscription before the free trial period expires, you authorize Premier MCAT Prep to charge your credit card the full monthly cost of the subscription plan currently listed on the Premier MCAT Prep website. Your subscription will then automatically renew and continue to renew on a monthly basis, unless and until you cancel your subscription or Premier MCAT Prep terminates it. You may only use this Free Trial offer once.
You may cancel your subscription at any time during the Free Trial by following the steps described on the Site. Upon cancelling your subscription, you will immediately lose all access to the Service and all features available as part of the Free Trial.
Premier MCAT Prep reserves the right to modify, cancel, and/or limit the Free Trial offer at any time.
ARTICLE VII: DISCLAIMERS
No Warranties: THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PREMIER MCAT PREP PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE” AND DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN, THE CONTENT, AND INSTRUCTORS), INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. PREMIER MCAT PREP DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL BE SECURE, UNINTERRUPTED, TIMELY, ALWAYS AVAILABLE, ACCURATE, ERROR-FREE, COMPLETE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE; OR WILL MEET YOUR REQUIREMENTS; OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. PREMIER MCAT PREP DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
PREMIER MCAT PREP DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PREMIER MCAT PREP. UNDER NO CIRCUMSTANCES WILL PREMIER MCAT PREP BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT PROVIDED THROUGH THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
ARTICLE VIII: LIMITATION OF LIABILITY AND INDEMNIFICATION
Incidental Damages and Aggregate Liability: IN NO EVENT WILL PREMIER MCAT PREP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS, AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF PREMIER MCAT PREP KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE RESULTING THEREFROM, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. UNDER NO CIRCUMSTANCES WILL PREMIER MCAT PREP’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, THE USE OF THE SERVICE, THE SITE OR PARTICIPATION IN AN EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).
No Liability for Non-Premier MCAT Prep Actions: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PREMIER MCAT PREP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR PUNITIVE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THIS AGREEMENT AND/OR THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS. THIS INCLUDES ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Indemnification: You agree to indemnify, defend, and hold harmless Premier MCAT Prep, its parent companies, subsidiaries, officers, directors, employees, and agents for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Service, (b) your violation of this Agreement or your violation of any rights of a third party, (c) your User Content, and/or (d) your violation of any laws, rules, or regulations. Premier MCAT Prep reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Premier MCAT Prep in asserting any available defenses. You agree not to settle any matter without the prior written consent of Premier MCAT Prep.
ARTICLE IX: GENERAL PROVISIONS
Force Majeure: Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, disease, or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same.
Complaints: If a dispute arises between you and Premier MCAT Prep, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Premier MCAT Prep regarding our Site or Services by emailing info@PremierMCATPrep.com before any complaint is drafted or filed.
Controlling Law and Venue: This Agreement and any disputes arising out of or related to this Agreement or any use of the Service shall be governed by the laws of the State of California, without regard to any choice of law rules and any conflicts of laws principles, except that the Arbitration provision shall be governed by the Federal Arbitration Act. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to this Agreement or the Site or Services (a “claim”) must be brought in a court located in Los Angeles County, California and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding, unless such claim is submitted to arbitration as set forth below. Notwithstanding anything to the contrary, Premier MCAT Prep may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information. You hereby waive your right to a jury trial in connection with any disputes arising from or relating to this Agreement.
Arbitration: Pursuant to the California Arbitration Act, any dispute or difference arising out of or in connection with this Agreement shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen (14) days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by Premier MCAT Prep.
Any and all disputes arising from or related to this Agreement, other than disputes relating to intellectual property infringement or disputes that are eligible for small-claims court, including whether the dispute may be arbitrated and the scope of this arbitration agreement, shall be finally resolved by arbitration administered by a single arbitrator under the then-applicable rules of the American Arbitration Association in accordance the Federal Arbitration Act. The arbitration shall be governed by and construed by federal law to the fullest extent possible. Unless otherwise agreed by the parties, the arbitration shall take place in Los Angeles, California. Judgment on the arbitral award may be entered in any court having jurisdiction thereof.
To the maximum extent permitted by law, should you wish to initiate a legal action against Premier MCAT Prep, you waive any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective, or multi-party action or proceeding based on such a claim in which Premier MCAT Prep or a related entity is a party. The same applies to Premier MCAT Prep’s legal actions against you. Thus, you and Premier MCAT Prep agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class. Further, unless both you and Premier MCAT Prep agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over a representative or class proceeding.
Improperly Filed Claims: All claims between you and Premier MCAT Prep must be resolved in accordance with this Article. All claims filed or brought contrary to this Article shall be considered improperly filed. Should you file a claim contrary to this Article, Premier MCAT Prep may recover attorneys’ fees and costs up to $1,000, provided that Premier MCAT Prep has notified you in writing of the improperly filed claim and you fail to promptly withdraw the claim. Similarly, should Premier MCAT Prep file a claim contrary to this Article, you may recover attorneys’ fees and costs up to $1,000, provided that you have notified Premier MCAT Prep in writing of the improperly filed claim and Premier MCAT Prep fails to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.
Digital Millennium Copyright Act Notice: If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Site, please notify Premier MCAT Prep’s copyright agent through email at info@. For your complaint to be valid, pursuant to the Digital Millennium Copyright Act of 1998 (DMCA), you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim is being infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Site; 4. Information reasonably sufficient to permit Premier MCAT Prep to contact you, such as your address, telephone number, and e-mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.