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LAST UPDATED 08-02-2016
THE FOLLOWING ARE THE TERMS OF SERVICE (TOS) APPLICABLE TO ALL INDIVIDUALS, CLIENTS, PERSONS, OR ENTITIES (HEREBY REFERRED TO AS THE "USER" AND WHEN APPLICABLE WILL IMPLY, COLLECTIVELY THE "USERS") SUBSCRIBING TO AND/OR USING OR ACCESSING THE WEBSITE WWW.COMTESTMED.COM (HEREBY REFERRED TO AS THE "SITE") OR ANY OTHER SERVICE OR WEBSITE OFFERED THROUGH THE SITE.
IF THE USER DOES NOT AGREE TO THESE TERMS, THE USER IS NOT PERMITTED TO USE THIS SITE.
1. UPDATES TO TERMS OF SERVICE
COMTESTMED reserves the right to modify, revise, or update these TOS at any time by posting the most current version of the TOS on the Site. The user’s continued use of the Site or any Services provided by the Site, after updates are made to the TOS, signifies the user's agreement to any such changes. If the user does not agree to these updated TOS, as amended, the user must discontinue use of the Site and all Services and terminate your registration with COMTESTMED. Users should frequently re-check the TOS to be acquainted with any such modifications, revisions and updates.
3. COUPONS AND PROMOTIONS
COMTESTMED reserves the right to stop any coupons or promotions at their own discretion at anytime without any reason.
4. PROPRIETARY RIGHTS
All content, information, software, and organization of the Site are property of COMTESTMED and are protected under intellectual property laws. COMTESTMED will allow the user to access this protected intellectual property for a subscription fee, however the user will in not in any part be granted any ownership of the protected intellectual property. Any modifications or derivative works based on COMTESTMED's protected intellectual property will be irrevocably transferred and assigned to COMTESTMED, including all rights, title, interest therein, including all copyrights, as well as renewals and extensions thereto.
5. USE OF SERVICES
The user agrees that the use of the Site and Services provided by COMTESTMED are for the User's personal use only. The User may not frame, copy, download, photograph, screenshot, transmit, display, sell or distribute any information, content, or part of the Site, in any form or medium, without prior written consent from COMTESTMED. Sharing elements pre-approved by COMTESTMED for social media is permitted (such as avatar cartoons and scores) via the social media sharing icons.
The user is not permitted to modify or alter any part of the Site in any way other than where access is explicitly allowed by COMTESTMED. Access to the Services provided by COMTESTMED will only be available for as long as the User has paid all required Services to COMTESTMED.
The user is responsible for maintaining confidentiality of their account with COMTESTMED including all e-mails, passwords, and logins. Under no circumstances should the login information be shared or passed on to a third party, person, or entity. The user will be held liable for all activity that occurs under their account.
Users accessing the Site or Services provided by COMTESTMED MAY NOT:
a. Be an employee, family member, relative, or have any connection to a competitor company
b. Attempt to reverse engineer any, content, information, functions, or graphics of the Site
c. Attempt to build a competitive company, product, or service
d. Use any software or other method to gather or extract data from the Site or gain access to the Services or content provided by COMTESTMED.
e. Upload or transmit any files which may contain malicious software or viruses that could limit or damage the functionality of the site.
Subscriptions will be activated when the user initially accesses them, and will continue for the length purchased by the user. The user can opt to renew the service for an additional subscription fee and continue with the product at their discretion.
Services provided by COMTESTMED may be changed or updated at our sole discretion which may result in a lapse of availability of the Site or loss of User data including but not limited to test scores, graphical data, and radar reviews. COMTESTMED is not obligated to compensate users for such loss of time or service.
6. CANCELLATION POLICY
COMTESTMED reserves the right to terminate any accounts found to be in breach of the Terms of Service (TOS) stated above at its own discretion, without notice or refund. The user will no longer have access to any portions of the Site or Services provided by COMTESTMED, and will no be allowed to create a new account. COMTESTMED also reserves the right to terminate any account without any reason, and issue an appropriate refund based on its own discretion.
7. SYSTEM REQUIREMENTS
COMTESTMED is designed to optimally work with Google Chrome and Mozilla Firefox browsers. COMTESTMED does not guarantee that the software or Site will work on all system environments as hardware is variable per user. It is recommended that the User switch to Google Chrome or Mozilla Firefox for optimal performance.
The Site is intended to be available to users 24 hours per day, 7 days a week, however COMTESTMED will periodically backup, or upgrade the website which may make the Site temporarily unavailable for users. COMTESTMED is not liable for any damages (direct, indirect, incidental, exemplary, punitive, special or consequential) should the Site become slow, non-functional, or temporarily unavailable for any reason including but not limited to internet traffic volume, network failures, hardware or server issues.
COMTESTMED reserves the right to issue refunds at their sole discretion. See the criteria for the 100% PASS GUARANTEE below in number 10.
10. 100% PASS GUARANTEE
COMTESTMED will grant FREE access to MATCH the original subscription period the user purchased for that particular exam, if the user fails the actual board exam, providing that:
a. The user completed 100% of the questions in the database for their subscription prior to taking the board exam
b. The user provides a copy of the official board examiner's score report showing their failing score
c. COMTESTMED is notified within one hundred and twenty (120) days of the actual board exam date of the failing score
COMTESTMED reserves the right to terminate or change any terms of the 100% PASS GUARANTEE program at its own discretion at any time.
COMTESTMED will award users who refer their friends with ten (10) days of free access to a question bank of their choice providing that their friend signs up and pays for a new subscription of at least (30) days. The friend will also receive ten (10) days of free access for signing up in this manner. Both users must have active subscriptions with COMTESTMED for at least one product to be eligible for the offer. COMTESTMED reserves the right to terminate or change any terms of the REFERRAL PROGRAM at its own discretion at any time. Accounts which are found to be abusing the referral system in any form, or breaching the terms of service may be terminated without notice.
12. OFFICIAL DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTIFICATION
COMTESTMED follows the safe harbor provisions outlined in 17 U.S.C. § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). If you are a copyright owner or the agent thereof and believe that any information on the Site infringes on your copyright, please send written notice to the agent listed below with the following information:
a. A signature of a person authorized to act on the copyright owner's behalf.
b. Identification of the copyrighted work claimed to have been infringed.
c. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material.
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Please send such written notification to:
ATTN: DMCA NOTIFICATIONS
ADDRESS: 8355 WEST FLAGLER ST SUITE 245
ADDRESS: MIAMI, FL 33144
COMTESTMED IS IN NO WAY AFFILIATED WITH THE COMPREHENSIVE OSTEOPATHIC MEDICAL LICENSING EXAMINATION (COMLEX-USA), NATIONAL BOARD OF OSTEOPATHIC MEDICAL EXAMINERS (NBOME), OR THE AMERICAN OSTEOPATHIC ASSOCIATION (AOA). THE NBOME DOES NOT REVIEW, MANAGE, OR ENDORSE ANY PRODUCT OF COMTESTMED. NO COMLEX TEST ITEM IS INCLUDED WITHIN ANY COMTESTMED PREPARATION MATERIAL, AND COMTESTMED DOES NOT RECRUIT OR PERMIT AUTHORS TO WRITE TEST PREPARATION QUESTIONS BASED UPON ACTUAL TEST ITEMS FROM ANY COMLEX EXAMINATION. ALL EXAM NAMES AND OTHER TRADEMARKS ARE THE PROPERTY OF THE RESPECTIVE TRADEMARK OWNERS.
COMTESTMED STRIVES TO ENSURE IN GOOD FAITH THAT ALL PRODUCTS, SERVICES AND INFORMATION ARE ACCURATE AND UP TO DATE. HOWEVER COMTESTMED SERVICES AND SITE ARE PROVIDED "AS IS" AND COMTESTMED MAKES NO WARRANTIES OR CLAIMS AND IS NOT RESPONSIBLE FOR ANY ERRONEOUS, MISSING, INACCURATE, INCOMPLETE, OR OUT OF DATE INFORMATION OR CONTENT.
LIMITATION OF LIABILITY
THE USER IS FULLY RESPONSIBLE FOR ALL RISKS AND LOSSES WHICH COULD RESULT FROM THE USE OF THE SITE OR SERVICES PROVIDED BY COMTESTMED. COMTESTMED, ITS EMPLOYEES, AND REPRESENTATIVES UNDER NO CIRCUMSTANCES WILL BE HELD LIABLE FOR ANY DAMAGES (DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMTESTMED STRIVES TO ENSURE IN GOOD FAITH THAT ALL SERVICES AND THE SITE ITSELF ARE FREE OF MALICIOUS SOFTWARE AND/OR VIRUSES, HOWEVER COMTESTMED MAKES NO WARRANTIES OR CLAIMS AND IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED BY USE OF THE SITE.
COMTESTMED STRIVES TO ENSURE IN GOOD FAITH THAT ALL USER DATA IS SECURE AND CONFIDENTIAL, HOWEVER COMTESTMED MAKES NO WARRANTIES OR CLAIMS AND IS NOT RESPONSIBLE FOR ANY BREACH OF DATA INCURRED BY USE OF THE SITE.
COMTESTMED'S TOTAL LIABILITY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF THE ACTUAL SUBSCRIPTION FEE PAID BY THE USER FOR ACCESS TO THE SITE AND SERVICES PROVIDED BY COMTESTMED. BY AGREEING TO THE TERMS OF SERVICE THE USER RELEASES COMTESTMED, ITS EMPLOYEES, AND REPRESENTATIVES FROM ANY OR ALL LIABILITIES, CLAIMS, OR OBLIGATIONS IN EXCESS OF THE ACTUAL AMOUNT PAID FOR THE SUBSCRIPTION FEE.
CHOICE OF LAW
ANY CLAIMS RELATED TO THE USE OF THE SITE MUST BE FILED WITHIN A PERIOD OF SIX (6) MONTHS OF THE OCCURRENCE OF THE INCIDENT IN THE COMMONWEALTH WHERE COMTESTMED IS REGISTERED, OR BE FOREVER BARRED.
IF ANY OF THE PROVISIONS OF THE TOS ARE FOUND TO BE UNENFORCEABLE, INVALID OR ILLEGAL THE REMAINDER SHALL BE ENFORCED AS FULLY AS POSSIBLE AND THE UNENFORCEABLE PROVISION(S) SHALL BE DEEMED MODIFIED TO THE LIMITED EXTENT REQUIRED TO PERMIT ENFORCEMENT OF THE TOS AS A WHOLE.