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e-MCAT Practice Terms and Conditions


 

Last Updated: October 12, 2016

 

The Medical College Admission Test® (“MCAT®”) is a program of the Association of American Medical Colleges (“AAMC”). After purchase, the AAMC MCAT practice material (“Practice Material”) is made available through www.e-mcat.com (the “Site”).

 

Acceptance of Terms of Use
These terms and conditions (“Terms”) govern your purchase and use of the Practice Material. By purchasing Practice Material or visiting the Site, you agree to the Terms set forth below. If you do not accept these Terms, do not purchase the Practice Material nor use the services provided through the Site.

By visiting the Site, you also agree we may revise these Terms from time to time without providing notice to you. Your continued use of the Site after such revision marks your acceptance of the Terms as revised. We recommend that you review these Terms regularly as they are subject to change.

 

Personal Information
Personal information submitted in connection with the use of the Practice Material is subject to the AAMC Privacy Policy, as it may be amended from time to time, which is incorporated into these Terms by reference.

 

Permitted Use and Access
The AAMC grants you a personal, non-exclusive, non-transferrable, limited privilege to access the Site and Practice Material. Your access to the Site and Practice Material is limited solely to obtaining information on and preparing yourself to take the MCAT exam. Your access to the Site and Practice Material is limited to the forward facing portions of the Site and Practice Material webpages. Unauthorized access includes, but is not limited to, attempts to gain access to any portion or feature of the Site or Practice Material, or any other systems or networks connected to the Site, Practice Material, or associated server, or to any of the services offered on or through the Site or Practice Material, by hacking, password mining, application of scripts or other electronic mechanisms, or any other illegitimate means.

We reserve the right to refuse service or account access to any person or entity at our sole discretion. Your e-MCAT account may be deleted after three (3) years of inactivity.

 

Practice Material Activation and Expiration

The Practice Material is made available to you with the activation and expiration restrictions. “Product activation” means either: (i) signing into your e-MCAT account and starting the Practice Material; or (ii) submitting the authorization code. All products must be activated within six (6) months of purchase or purchaser’s receipt of the authorization code, whichever comes later. All Practice Material products, with the exception of the AAMC Section Bank, expire after starting 5 new tests or 1 year after product activation, whichever comes first. The AAMC MCAT® Section Bank expires after starting 10 new tests or 1 year after product activation, whichever comes first.

 

We reserve the right to update individual items in any Practice Material product at any time and for any reason.

 

Under no circumstances will your scores on any Practice Material product be considered a substitute for scores achieved on an actual MCAT administration.

 

Refunds
All sales are final.  Refunds will not be issued.

 

Your Security Obligations Regarding Your Account and Use of The Site
By registering for an e-MCAT account, you agree to provide us with current, complete, and accurate information. You will be required to choose a password and a user name. You are the only authorized user of your e-MCAT account. You are entirely responsible for maintaining the security and confidentiality of your password and any Practice Material made available to your account and are wholly responsible for any and all activities that occur under your account.

Making or offering to make your e-MCAT account available to anyone is grounds for immediate and permanent account termination and other actions as described in “Violations of Terms and Conditions,” below. Using someone else’s account is also grounds for action as described in “Violations of Terms and Conditions,” below.

You agree to notify mcatsupport@testsys.com immediately of any unauthorized use of your e-MCAT account or any other breach of security involving your account. We will not be liable for any loss that you may incur as result of someone else using your password or account, either with or without your knowledge. You, however, may be held liable for any losses incurred by the AAMC or another party due to misuse of your account or password.

 

Copyright Infringement
You may not copy, create derivative works, display, distribute, exploit for any commercial purposes, modify, publish, publicly perform, reproduce, resell, sell, or transmit any portion of the Site and the products and services offered hereunder. Failure to respect the AAMC copyright is grounds for immediate account termination and other actions as described in the "Violations of Terms and Conditions" section below.

The AAMC is the copyright owner of its Practice Material. These Terms serve as copyright notice; any infringement shall be deemed willful. The AAMC protects its intellectual property under 17 U.S.C. Section 101 et seq. and you could be liable for statutory damages set forth in Section 504(c)(2) therein.

 

Trademarks
The trademarks and logos used identify our products and services and are owned by the AAMC. Use of any AAMC trademark (including but not limited to AAMC, Association of American Medical Colleges, Medical College Admission Test, MCAT, E-MCAT, MCAT2015, and MCATthx) is not permitted without proper attribution to AAMC. Use of an AAMC logo is not permitted at any time without the prior written permission of the AAMC.

 

No Warranty, Limitation of Liability, Indemnification
THE SITE, AND ITS CONTENT IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR ITS SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

THE AAMC ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN THE SITE AND ITS CONTENT. YOU RELEASE THE AAMC FROM ANY AND ALL LIABILITY FOR INACCURATE OR INCOMPLETE DATA OR INFORMATION. OUR LIABILITY FOR ANY CLAIMS ARISING OUT OF YOUR USE OF THE SITE AND/OR ITS PRODUCTS AND SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT OF MONIES YOU HAVE PAID TO US.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE AAMC FROM ALL CLAIMS, LIABILITY, AND COSTS (INCLUDING ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SITE THAT VIOLATES THESE TERMS.

 

Consent to Solicitation
When you register with the Site, you agree that we may provide you with information and other materials regarding products, services and other offers from time to time as described in our Privacy Policy. Solicitations will be made to the e-mail and/or street addresses and telephone numbers provided to us during the registration process or subsequently updated personal contact information. 

 

Violations of Terms and Conditions
Violations of these Terms are subject to review and action by the AAMC, including, but not limited to, the following:

Suspension or Termination of Access
You understand that we reserve the right to suspend or terminate e-MCAT accounts (including terminating a user name and password, if any) and to block access to the Site by any user who violates—or who the AAMC in its sole discretion concludes may have violated—these Terms or otherwise engages in conduct which the AAMC determines, in its sole discretion, is inappropriate. You understand that access may be suspended or terminated with or without notice. Your account will not be reinstated.

Investigation
If the AAMC receives information that you have violated these Terms, the AAMC may investigate and may issue a report of the factual findings of the investigation (an “Investigative Report”). If you are the subject of an AAMC investigation you shall: fully cooperate with the AAMC’s investigation, produce all documents and materials requested by the AAMC, and submit to an in-person interview conducted by or on behalf of the AAMC at its request. You shall truthfully and completely answer all questions posed during investigative interviews conducted by or on behalf of the AAMC. Refusal to cooperate with the AAMC’s investigation or presentation of false or misleading information to the AAMC or its representatives in the course of an AAMC investigation shall constitute a violation of these Terms and may be included in the AAMC’s Investigative Report.

If an Investigative Report is to be issued, the AAMC first notifies you about available options, which may include the opportunity to submit a statement explaining your actions, request reconsideration, or appeal the AAMC’s decision.

At its sole discretion, the AAMC may elect to send the Investigative Report, with any attachments provided by you, to legitimately interested parties, including all persons and agencies to which you have instructed that MCAT scores be sent, both presently and in the future.

There is one exclusive remedy available to you if you wish to appeal or otherwise challenge a decision made by the AAMC to send an Investigative Report to legitimately interested parties. That remedy is binding arbitration obtained through written submissions before a single arbitrator under the JAMS Streamlined Arbitration Rules and Procedures in the District of Columbia. If you elect to proceed with arbitration you understand that you are waiving your rights to file suit against the AAMC in any court of competent jurisdiction. The sole issue for arbitration shall be whether the AAMC acted reasonably and in good faith in making its decision.

Other Redress Available to the AAMC

The AAMC may, at its sole discretion, file a civil lawsuit against you for material breaches of these Terms. In addition, the AAMC may, at its sole discretion, refer you to one or more federal, state, or local prosecuting attorneys for criminal investigation and prosecution when it has a reasonable basis to conclude that you may have committed a crime in the course of violating these Terms.

 

Choice of Law, Choice of Forum, and Severability
You agree that these Terms will be governed by the laws of the District of Columbia, without regard to its conflicts of law rules. Except for binding arbitration regarding Investigative Reports, any litigation regarding compliance with these Terms or your use of the Site will be brought in the courts of the District of Columbia. These Terms shall not be governed by the United Nations Convention of International Sales of Goods, the application of which is expressly excluded. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from the Terms and shall not affect the enforceability of any remaining provisions.

 

Other
We reserve the right to change the content on the Site and to suspend or deny access to the Site for maintenance or modifications. Any failure to enforce or delay in enforcing any part of these Terms will not constitute a waiver of our rights under these Terms or law. These Terms constitute the entire agreement and supersede any prior agreement or communications between you and us regarding the provision of Practice Material and access to the Site. If you have any questions about these Terms, please contact us at mcatprep@aamc.org.

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