Terms & Conditions
ANY ACCESS TO AND USE OF THIS WEB SITE, INCLUDING ANY SERVICES, CONTENT OR INFORMATION ON THE WEB SITE (COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE, THE “SITE’) IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AS SET FORTH IN THIS DOCUMENT AS THEY ARE AMENDED FROM TIME TO TIME (THE “TERMS”).
1. SITE USE GENERALLY.
a) Limited License. KAPLANMD grants you a limited, revocable license to access and make use of the Site for your personal purposes. This license does not include, and you are expressly prohibited from: (i) collecting and using product listings, descriptions, images or prices; (ii) creating derivative works using the Site or its contents; (iii) using data mining tools, bots, or similar data gathering techniques and tools; (iv) framing or using framing techniques to enclose any Site content without our express written consent; and (v) using any meta tags or any other ‘hidden text’ that uses our name or any of our trademarks or services mark. We may terminate this license and your rights to use the Site for any reason at any time.
b) Copyright and Trademark. The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of KAPLANMD. The Site and its material may not be copied (other than page caching), reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission and such actions are expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Except as expressly provided herein, KAPLANMD does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information.
c) Links to Other Materials. Linked sites are not under the control of KAPLANMD and KAPLANMD is not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to terminate any link or linking program at any time. We provide such links only as a convenience to you. We have not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.
d) Territory. The Site is a business and commercial web site. KAPLANMD operates this Site from its office within the United States. KAPLANMD makes no representation that content and materials on this site are legal or appropriate for use from outside the United States. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.
e) Privacy. Please review our Privacy Notice, which also governs your use of the Site. A copy of the Privacy Notice may be here.
f) Your Account. You may choose to register at the Site. If you do register, then you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and/or password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, then you represent that you have the authority to bind that person as the principal to these Terms, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in KAPLANMD’s best interests to do so.
2. HEALTH INFORMATION CONTENT.
This site may post articles with health information, which is provided for educational purposes only. The health information describes general principles of health care. It may not contain information that is applicable to your personal circumstances. Moreover, like any printed material, the information in these articles may become out-of-date over time. These articles are not a tool for self-diagnosis, nor are they a substitute for proper medical advice, diagnosis or treatment. Proper treatment of health conditions depends on a number of factors, such as your medical history, diet, lifestyle and the medication that you currently take. Your doctor or other licensed health care provider is in the best position to take these and other factors into account in assessing and addressing your individual health care needs. If you use the health information on this website, you agree that KAPLANMD is not responsible or liable for any claim, loss or damage directly or indirectly resulting from this information, and that your use is subject to the disclaimers and limitations set forth below.
3. TERMS OF SALE.
a) Purchases. All purchases made from KAPLANMD through the Site or otherwise will be governed by the “KAPLAN MD Inc. Terms of Sale,” as referenced above, and as they may be amended by KAPLANMD from time to time in its sole discretion. You agree that any additional or different terms contained on your purchase order or any other form submitted by you will have no force or effect.
b) Pricing. KAPLANMD cannot confirm the price of an item until you order. You acknowledge that occasionally an item in our catalog may be mispriced. If an item’s correct price is higher than our stated price, then we will, at our discretion, either contract you for instructions before shipping or cancel your order and notify you of the cancellation.
c) Product Descriptions. KAPLANMD does not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free.
d) Electronic Contracting. These Terms evidence the intent of KAPLANMD and you to create binding purchase and sale obligations electronically through the Site. A record, signature, or manifestation of assent will not be denied legal effect solely because it is in electronic form. A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. Further, you hereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site.
4. DISCLAIMER OF WARRANTIES.
a) General. KAPLANMD makes no representations or warranties that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations. KAPLANMD undertakes no obligation to update, amend or clarify the site.
b) No Warranties. To the maximum extent permitted by applicable law, the site is provided to you “as is” and with all faults without any express or implied warranty of any kind. Your use of the site is at your sole risk. KAPLANMD expressly disclaims all warranties of any kind with regard to the site, whether express or implied, including without limitation warranties of merchantability, title, noninfringement, fitness for a particular purpose, lack of viruses, accuracy or completeness, results, and lack of negligence.
5. LIMITATION OF LIABILITY AND REMEDIES.
a) Exclusion. To the maximum extent permitted by applicable law, in no event will KAPLANMD be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the site, even if KAPLANMD knows of, or should have known of, the possibility of such damages. If you are dissatisfied with any portion of the site, or with any of the terms, your sole and exclusive remedy is to discontinue using the site. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
b) Indemnification. You agree to defend, indemnify and hold KAPLANMD harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney’s fees), which KAPLANMD may hereafter incur, become responsible for or pay out arising out of your use of the Site or your breach of any term or provision of these Terms.
6. GENERAL TERMS.
a) Modification. KAPLANMD reserves the right at any time and in KAPLANMD’s sole discretion to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site. KAPLANMD may revise the Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of the Terms may be superseded by expressly designated legal notices given to you or terms located on particular pages at the Site. KAPLANMD also reserves the right at any time and in our sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that KAPLANMD will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
b) Jurisdiction. The Terms will be governed by and interpreted according to the laws of the State of California, without regard to conflicts of law principles. KAPLANMD and you agree that all disputes and litigation regarding the Terms, the Site, and matters connected with its performance or relating to the use of the Site will be subject to, and they each consent to jurisdiction and venue in, the state and federal courts in Los Angeles County, California. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.
c) Equitable Relief. You recognize and acknowledge that a breach by you of any of your obligations under the Terms will cause KAPLANMD irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Site, KAPLANMD will be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.
d) Entire Agreement. The Terms embody the entire agreement and understanding between KAPLANMD and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms will affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms