1. Basic Terms
Dr. Flowers MCAT™ is a subscription service 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 "Buy" 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 buy this product or enter into this Agreement.)
- You are buying our product and entering into this Agreement for the sole and exclusive purpose of personally preparing for the MCAT.
- In selling you our product, we intend to give, and are giving, access to the "Subscribers Only" section of our web site to you, and you alone. 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. You understand that unauthorized access or use of our web site via your Sign-In data or other means will distort and compromise your own individualized learning program and tutorials. Additionally, we will immediately freeze, suspend or terminate your enrollment in the Dr. Flowers MCAT program, your subscription, and your access to our web site; and you will not be entitled to any refund of the purchase price, in whole or in part. 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 THE POINTS ENUMERATED ABOVE, STOP! DO NOT ENROLL AND/OR BUY OUR PRODUCT.
You will be enrolled into the Dr. Flowers MCAT program within 24 hours of our receiving payment from you. The date on which you are enrolled will be the "Start Date". You have the right to access the "Subscribers Only" section, accessible by clicking the Sign In link on our home page of our web site for a period after the Start Date. The length of this period of access is determined by the study plan purchased from Dr. Flowers Test Prep.
You acknowledge that our subscriptions have a start and end dates, and that after the end date, you will no longer have access to our system or its components. You acknowledge and agree that it is your responsibility to monitor your expiry dates.
3. Authorized Payer
You hereby represent to us that you are authorized to use the credit card, make payment from the bank account, or make payment from the Pay Pal account, as appropriate, that is the medium you are using to pay us for our product. With respect to payments made using a Visa, MasterCard, Discover or American Express, your card issuer agreement governs your use of your credit card in connection with your purchase of our product. You must refer to that agreement and not this Agreement to ascertain your rights and responsibilities as a cardholder.
4. No Refunds
Once you have purchased our product and authorized payment, no refunds will be available to you, except as specified in our Guarantee
. You must notify us in writing within thirty (30) days of any disputes you may have with respect to charges from us that appear on your credit card, or draws that we make from your bank account. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within said thirty-day period.
You are responsible for paying any government-imposed taxes with respect to your use of our product through this Agreement.
6. Termination By Us
You agree that, in addition to the provisions of section 1(g) under "Basic Terms" above, we may, in our sole discretion, with or without prior notice, freeze or terminate your user name, password or access to our web site if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Further, you agree that we will not be liable to you or any third-party for any interference with or termination of your access to our web site.
7. Customer Service
You understand and agree that Dr. Flowers Test Prep is solely responsible for all customer service, help, billing and account issues (collectively "Issues") in any way connected to this Agreement or your enrollment in the Dr. Flowers MCAT program. Neither your ISP, credit card company, credit card processor, bank, financial institution, Pay Pal or any other entity through which you may have accessed us is responsible for any of the Issues.
8. Account Information
. You acknowledge and agree that it is solely and entirely your responsibility to maintain the confidentiality of your Sign-In information, and to prevent others from conducting activities under your account. If you believe that someone else has accessed any of our services using your user name and password, you agree to notify us immediately with the relevant details. Dr. Flowers Test Prep disavows any and all liability for any loss or damage arising from unauthorized use of your username or password. Dr. Flowers Test Prep pays to develop & license content and exercises in order to provide the best prep experience available. You understand that sharing your Sign-In details costs Dr. Flowers Test Prep loss of revenue and may lead to theft or our intellectual property, and you would be financially liable under the law if you participate in such sharing.
9. Technology Limitations
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 from time to time. We will make reasonable efforts to inform you at least forty-eight (48) hours in advance of any downtime, that we anticipate will exceed one hour.
10. 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.