EXCEL MEDICAL TUTORS

EXCELMEDICALTUTORS: TERMS OF USE

The EXCELMEDICALTUTORS^SM website is intended to provide coaching, tutoring, test preparation and college level academic support to students over the age of 18. EXCELMEDICALTUTORS^SM is a wholly owned operating unit of EXCEL MEDICAL ACADEMY LLC ("EXCEL MEDICAL ACADEMY", "EMA").  EXCEL MEDICAL ACADEMY LLC provides the EXCELMEDICALTUTORS^SM web site for personal education and information purposes only. Please feel free to browse. Your access to and use of the EXCELMEDICALTUTORS^SM website is subject to the following terms and conditions and all applicable laws. By accessing and browsing EXCELMEDICALTUTORS^SM website, you accept, without limitation or qualification, the following Terms of Use. 

1. COPYRIGHT INFORMATION. The EXCELMEDICALTUTORS^SM website and all material contained are Copyright © in 2010 by EXCEL MEDICAL ACADEMY LLC under a licensing agreement. All rights are reserved. You may print a reasonable number of copies of each Web page within the EXCELMEDICALTUTORS^SM website that do not require the entry of an account number and/or password to access. Such copies may be printed solely for non-commercial personal use so long as you retain all copyright and other proprietary notices contained on such pages. You may not reproduce, distribute, modify, transmit, reuse, repost or use any material contained within the EXCELMEDICALTUTORS^SMwebsite for public or commercial purposes without the written permission of EXCEL MEDICAL ACADEMY LLC. 

2. SERVICES AND SOLICITATIONS. The EXCELMEDICALTUTORS^SM website attempts to keep the information contained herein as comprehensive and factual as possible. However, despite these efforts, posted information may contain errors or omissions, for which EXCELMEDICALTUTORS^SM assumes no liability whatsoever. EXCELMEDICALTUTORS^SM reserves the right to make changes without notice and at any time in products, services, terms of service, specifications, and availability. The materials on EXCELMEDICALTUTORS^SM website do not constitute a contract or a binding offer of any service by EXCELMEDICALTUTORS^SM other than the Registration Agreement for EXCELMEDICALTUTORS^SM Online Tutoring, Test Prep and other Educational Services ("EXCELMEDICALTUTORS^SM Services"). EXCELMEDICALTUTORS^SM Services are offered only under specific terms and conditions, and you should obtain and review applicable terms as available before subscribing to the EXCELMEDICALTUTORS^SM Services. The materials on EXCELMEDICALTUTORS^SMdo not constitute and are not a solicitation of an investment in EXCELMEDICALTUTORS^SM or its principal and subsidiaries or in any other company.  

3. ORDER CANCELLATION AND REFUNDS

3.1. Except as otherwise specifically provided in this agreement or at the sole discretion of EXCEL MEDICAL ACADEMY LLC, no refunds, cancellations, or changes to paid transactions will be allowed. EXCEL MEDICAL ACADEMY LLC reserves the right to refuse a refund if a user is deemed to be in violation of the Terms and Conditions specified in this agreement or considered to act against the interest of the corporation. 

3.2. PAY-PER-SESSION SERVICES. Cancellation of single use, pay-per-session service with immediate Online access to the service purchased is not possible upon purchase. Consequently, no refund is allowed for any pay-per-session transaction regardless of service type (i.e. Coaching, Private Tutoring or Test Preparation).  

3.3. MULTIPLE SESSION SERVICES AND DEFINED ACCESS SUBSCRIPTIONS. Cancellation is permissible for all multiple sessions or subscriptions to defined access for Coaching, Tutoring or Test Preparation services subject to (i) cancellation made no later than three days of the purchase date of the service regardless of the duration of the subscription or multiple sessions and (ii) non-use of any of the sessions or subscription purchased. In the event of full compliance with these cancellation terms, full refund of money received by EXCELMEDICALTUTORS^SM from a user in respect of multiple sessions or subscription to defined access services shall be paid upon user’s request. EXCELMEDICALTUTORS^SM shall deduct an administrative fee of USD $35.00 from each eligible refund before payment. In the event that the amount to be refunded does not cover the administrative fee, then no refund shall be due to the user even when the terms of cancellation are met as stated above in this section.

3.4. COURSES. Cancellation and refund terms may vary from course to course as specifically advertised. Cancellation is permissible for all payments (whether deposit or full tuition fees) made by a user in respect of registration for any Online or 30 days and 60 days Live Board Review courses or retreats. Applicable cancellation and refund terms for these three specific types of courses are as detailed below: 

3.5. PROMOTIONAL GOODS. Promotional or other goods purchased at EXCELMEDICALTUTORS^SM Online store are not returnable and non-refundable once notice of actual shipment is sent to the buyer by EXCELMEDICALTUTORS^SM or by any third party contractor acting for EXCELMEDICALTUTORS^SM. When cancellation notice for promotional or other goods is received before estimated shipment date for the item purchased, full refund of cost of the item(s) purchased shall be paid subject to an administrative retention of USD $35.00. When the cost of the item purchased is less than the administrative fees then, no refund is payable even if the goods purchased has not been shipped. 

3.6. CONTACT. Click here to contact us immediately by webmail about your order cancellation and refund request/concerns or contact us at:  

4. COMPLETE DISCLAIMER. EXCELMEDICALTUTORS^SM IS PROVIDED AS-IS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF EXCELMEDICALTUTORS^SM AND RELATED SERVICES. EXCELMEDICALTUTORS^SM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO EXCELMEDICALTUTORS^SM RELATED SERVICES AND/OR MATERIAL CONTAINED WITHIN EXCELMEDICALTUTORS^SM. YOUR SOLE REMEDY FOR DIS-SATISFACTION WITH EXCELMEDICALTUTORS^SM AND/OR RELATED SERVICES IS TO STOP USING EXCELMEDICALTUTORS^SM SERVICES. EXCELMEDICALTUTORS^SM SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTIES RESULTING FROM YOUR ACCESS TO, USE OF, OR BROWSING IN EXCELMEDICALTUTORS^SM WEBSITE, OR DOWNLOADING MATERIALS, IMAGES, DATA, TEXT, VIDEO OR AUDIO FILES, REGARDLESS OF THE CAUSE. UNUSED COACHING, TUTORING OR TEST-TAKING SESSION OR TIME ARISING OUT OF INDIVIDUALLY PURCHASED ACCOUNTS IS NON-REFUNDABLE AND NON-TRANSFERABLE.  

5. LINK DISCLAIMER. Some links on EXCELMEDICALTUTORS^SM lead to sites posted by independent site owners. EXCELMEDICALTUTORS^SM does not review independent sites or control their content, and merely provides these links to visitors for their convenience. These links are not an endorsement by EXCELMEDICALTUTORS^SM of products, services, or information provided by these other sites. Further, the inclusion of links to other sites does not imply that the sites have given permission to EXCELMEDICALTUTORS^SM for inclusion of the links, or that there is any relationship between EXCELMEDICALTUTORS^SM and the linked sites. EXCELMEDICALTUTORS^SM is an independent operating unit of EXCEL MEDICAL ACADEMY LLC., and references to other companies, do not imply any partnership, joint venture, or other legal connection where EXCELMEDICALTUTORS^SM  and/or its prinipal would be responsible for the actions of a third party company or vice-versa. 

6. SERVICE MARK NOTICE. EXCEL MEDICAL ACADEMY^SM, EXCELMEDICALTUTORS^SM, EXCELMEDICALTUTORS HiPASS REVIEWS^SM. EXCELMEDICALTUTORS^SM logo, and the unique trade dress of EXCELMEDICALTUTORS^SM are registered trade marks vested to EXCEL MEDICAL ACADEMY LLC as licensee. All other trademarks, service marks, and logos used in this site are the trademarks, service marks, and logos of their respective owners. 

7. AGREEMENT. By using the EXCELMEDICALTUTORS^SM website, you agree to the above stated terms and conditions. This Agreement is entered into in the State of Delaware and shall be construed in accordance with the laws of the State of Delaware, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of Delaware, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly cancelled. EXCELMEDICALTUTORS^SM may modify the terms of this Agreement by posting notice of such modification on this page before the modification takes effect. You are bound by such revisions and should periodically visit this page to review the current Terms of Use. 

BY USING THE EXCELMEDICALTUTORS^SM WEB SITE, YOU CONFIRM THAT YOU UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS.