1. Basic Terms
This is a private site owned and operated by Dr. Flowers Test Prep, LLC, a limited liability company formed in Colorado ("Dr. Flowers Test Prep", "we", "us", "our"). In clicking the "Submit" button, you ("you" and "your") are entering into this Subscription Agreement ("Agreement") with us, and representing as follows:
- You have read this Agreement and you understand it.
- You agree to be legally bound by all of the terms and conditions contained in this Agreement and elsewhere in this web site.
- You acknowledge that this Agreement sets forth your rights and obligations with respect to our subscription service.
- YOU ARE A NATURAL PERSON. You are not an institution, group, collective, organization, company, university or other educational body, or a corporate entity of any kind (collectively "Corporate Entity".) (We sell our products to Corporate Entities only by directly contracting with them, and not online through this web site. If you are a Corporate Entity, or you represent a Corporate Entity, STOP. You are not eligible to enter into this Agreement.)
- You are entering into this Agreement and will use this site for the sole and exclusive purpose of personally preparing for the MCAT.
- You agree not to share the access that we give you with anyone else. You acknowledge that Dr. Flowers Test Prep will employ various proprietary detection tools to detect unauthorized access to our web site. Additionally, we will hold you liable for any damages that we suffer as a result of your sharing access with anyone else.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS SUBSCRIPTION AGREEMENT, INCLUDING POINTS (a) THROUGH (f) ENUMERATED ABOVE, STOP! DO NOT USE OUR PRODUCT.
2. Technology Limitations
Dr. Flowers Test Prep recommends that you access our online services using Microsoft Windows Operating Systems and Internet Explorer Version 5.5 or later.
We will make reasonable, good faith efforts to keep your account and the subscription service operational. However, temporary interruptions may result either from certain technical difficulties or the requirement to perform maintenance may from time to time.
3. Choice of Law and Venue
You agree that this Agreement shall be construed in accordance with the laws of the State of Colorado, without giving effect to the conflict of law principles thereof. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state courts located in Denver County, Colorado. You agree that this choice of venue is intended to be mandatory and not permissive in nature, and to preclude the possibility of litigation with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this section. You waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section.