Terms of Use

Welcome to the MedSchoolBro ("Us" or "Our" or "We") Discord Server

These Terms of Use (“Terms”) are a legal contract between You and Us (Portnoff Management Corp d/b/a MedSchoolBro.com, 14 Madison Avenue, Richmond Hill ON, M5V0L6 Canada and Derm Dynamics FL LLC, 7893 Saddlebrook Drive, Port Saint Lucie, Florida, 34986 USA, collectively, "Everyone") and govern Your use of all the text, data, information, software, graphics, photographs, videos and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide through Our Websites & Discord Server/Site (Third Party Vendor, Discord Inc.) (“Website”) (all of which are referred to in these Terms as this “Site”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS SITE.  USING THIS SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.  YOU CANNOT USE THIS SITE IF YOU DO NOT ACCEPT THESE TERMS.

NOTE:  THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

CHANGES.

We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Site at any time and without notifying You.  We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time.  Because Everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on this Site and, if You have registered with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided during registration.  To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.

If You object to any such modifications, Your sole recourse shall be to cease using this Site.  Continued use of this Site following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Site.  These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

GENERAL USE.

By using this Site, You promise that You are at least 13 years of age.  If You are not yet 18 years old (a “Minor”), You must have the permission of an adult to use this Site and agree to its Terms, and that adult must be a parent or legal guardian who is willing be responsible for Your use of this Site.  If You are a parent or legal guardian of a Minor, You hereby agree to bind the Minor to these Terms, supervise the Minor’s use of the Service, and fully indemnify and hold Portnoff Management Corp and Derm Dynamics FL LLC harmless if the Minor breaches any of these Terms.  In Our sole discretion, We may require proof that You meet these conditions in connection with Your use of the Service. Failure to comply with these conditions will result in the revocation of Your right to use the Service. If You are accepting these Terms on behalf of a legal entity, then You represent and warrant that You have the authority to do so and that Your acceptance of the Terms on behalf of the legal entity is legally binding.

We are not affiliated in any way, shape, or form with Discord Inc, Slackpass Inc., nor Stripe Inc. By entering Discord, You acknowledge you are entering a third-party vendor/site and must comply with Discord Inc.’s Terms of Service, Slackpass Inc.’s Terms of Service, and Stripe’s Terms of Service.

Discord Inc Terms of Service: https://discord.com/terms

Slackpass, Inc Terms of Service: https://launchpass.com/terms

Stripe Inc Terms of Service: https://stripe.com/legal/consumer

We invite You to use this Site for individual, consumer purposes ("Permitted Purposes") – enjoy!

In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms.  You have no other rights in this Site or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Site or Materials in any manner.  If You make copies of any of this Site while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Site.  

Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).

USING THIS SITE AND THE SITE’S SERVICES.

We do not warrant that the Site will be compatible with Your electronic device/browser.  You may not: (i) modify, disassemble, decompile or reverse engineer the Site, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Site to any third-party or use the Site to provide time sharing or similar services for any third-party; (iii) make any copies of the Site; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site; or (v) delete the copyright and other proprietary rights notices on the Site.  You acknowledge that We may from time to time issue upgraded versions of the Site, and may automatically electronically upgrade the version of the Site that You are using on Your electronic device.  You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Site or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Site (and any copy of the Site).  Standard carrier data charges may apply to Your use of the Site.

PASSWORD RESTRICTED AREAS OF THIS SITE.

In order to access certain password-restricted areas of this Site (such as viewing, posting, interacting, messaging, or editing any content and other User Submissions (defined below)) and to use certain Services and Materials offered on and through this Site, You must successfully register an account with Us. In order to access certain password-restricted areas of this Site you may be required to successfully register an account with Discord Inc.

You may also provide additional, optional information so that We can provide You a more customized experience when using this Site, such as adding the following to your profile: profile picture, education level, school name, and areas of expertise, etc. – but, We will leave that decision with You.  Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account.  If approved, You will be sent an e-mail detailing how to complete Your registration.  For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly or contacting Us using the below contact information. 

You are responsible for complying with these Terms when You access this Site, whether directly or through any account that You may setup through or on this Site.  Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of This Site as well as paying related charges.  It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access this Site.  Should You believe Your password or security for This Site has been breached in any way, You must immediately notify Us at below contact information.

SUBSCRIPTIONS.

By registering for an account with Us, You become a “Member” with access to certain password-restricted areas of the Site and/or Discord Server access (of Discord Inc.) to use certain Services and Materials offered on and through the Site (a “Subscription”).  Each Membership and the rights and privileges provided to a Member is personal and non-transferable, non-shareable.

PAYMENTS.

You agree to pay all applicable fees related to Your use of this Site and Our Services which are described fully on Our payment page.  We may suspend or terminate Your account and/or access to Our Services and this Site if Your offered payment method (e.g., credit card or PayPal account) cannot be processed.  By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your particular membership and utilized services. We utilize Slackpass Inc. and Stripe Inc. for payment processing, by agreeing to these terms and conditions, you agree that you have read and agree with their terms of use (linked above).

We understand that You might cancel Your account, but please know that We will not provide any refund(s) and You will be responsible for paying any balance due on the account. You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees.

Cancellation/Refund Policy

Once a subscription payment is charged, You understand that We will not provide any refund and submissions can not be cancelled. It is under Our discretion whether you will receive any refund or allow cancellation; requests must be made in writing to below contact info.

PRIVACY POLICY.

We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use that information. So, please review Our Privacy Policy (“Privacy Policy”) https://medschoolbro.com/policies/privacy-policy which explains these details.

LINKS TO THIRD-PARTY SITES.

We think links are convenient, and We sometimes provide links on this Site to third-party sites (e.g. Discord.com and/or its affiliated applications).  If You use these links, You will leave this Site. We are not obligated to review any third-party sites that You link to from this Site, We do not control any of the third-party sites, and We are not responsible for any of the third-party sites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party sites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party sites linked to from this Site, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party sites. Certain areas of this Site may allow You to interact and/or conduct transactions with one or more third-party sites, and, if applicable, allow you to configure your privacy settings in that third-party site account to permit Your activities on this Site to be shared with Your contacts in your third-party site account.

SUBMISSIONS.

Certain areas of this Site (e.g., online portal, Discord server) will permit You to submit feedback, information, data, text, images, software, messages, or other materials (each, a "User Submission").  You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary.  Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted.

By submitting any User Submission, You are promising Us that:

You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Terms;

You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;

Your User Submissions, including, but not limited to: essays, interview questions, any other content, do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

You voluntarily agree to waive all "moral rights" that You may have in Your User Submission;

Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;

Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;

You were not and will not be compensated or granted any consideration by any third party for submitting questions to the Site;

Your User Submission does not incorporate materials from a third-party Site, or addresses, email addresses, contact information, or phone numbers (other than Your own);

Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and

Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed; 

Use (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);

Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes. 

We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Site through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Site and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions.  You are responsible for understanding and respecting the code of conduct enforceable by Your academic institution as well as the academic institution you are applying to, and agree that Your use of this Site, and Your User Submissions, do not violate such code or policy on collaboration. Our Site offers a tool for education and collaboration – we are not responsible for academic performance or admission results. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient. 

UNAUTHORIZED ACTIVITIES.

To be clear, We authorize Your use of this Site only for Permitted Purposes.  Any other use of this Site beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Site.  This is because as between You and Us, all rights in this Site remain Our property.

Unauthorized use of this Site may result in violation of various United States, Canada, and/or international copyright laws.  Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid.  So, unless You have written permission from Us stating otherwise, You are not authorized to use this Site in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):

For any public or commercial purpose, which includes use of this Site on another site or through a networked computer environment;

In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Site;

In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;

To stalk, harass, or harm another individual;

To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;

To interfere with or disrupt this Site or servers or networks connected to this Site;

To use any data mining, robots, or similar data gathering or extraction methods in connection with this Site; or

Attempt to gain unauthorized access to any portion of this Site or any other accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means.

You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us.  You also agree to pay any damages that We may end up having to pay as a result of Your violation.  You alone are responsible for any violation of these Terms by You.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.

We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Site or Service.  

PROPRIETARY RIGHTS.

 Any trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Site are Our sole property, Copyright © 2023.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. 

INTELLECTUAL PROPERTY INFRINGEMENT.

We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to this Site (or any portion thereof) to any user who uses this Site in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Site in violation of someone’s intellectual property rights. 

Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Site, please provide written notice to Us of any claims of infringement:

Attn: Portnoff Management Corp

Email: operations@medschoolbro.com

To be sure the matter is handled immediately, Your written notice must: 

Contain Your physical or electronic signature;

Identify the copyrighted work or other intellectual property alleged to have been infringed;

Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;

Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);

Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;

Contain a statement that the information in the written notice is accurate; and

Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner. 

Submitting a DMCA Counter-Notification

We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Us with a written counter-notification that includes the following information:

1.  Your physical or electronic signature;

2.  Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

3.  A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

4.  Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Site or Service who is the subject of repeated DMCA or other infringement notifications.  

DISCLAIMER OF WARRANTIES.

THIS SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS SITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SITE IS FREE OF PROBLEMS.  Without limiting the generality of the foregoing, We make no warranty that this Site will meet Your requirements or that this Site will be uninterrupted, timely, secure, or error free or that defects in this Site will be corrected. We make no warranty as to the results that may be obtained from the use of this Site or as to the accuracy or reliability of any information obtained through this Site. No advice or information, whether oral or written, obtained by You through this Site or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

LIMITATION OF LIABILITY.

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE.  IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

LOCAL LAWS; EXPORT CONTROL.

We control and operate this Site from Our headquarters in the United States of America and Canada and the entirety of this Site may not be appropriate or available for use in other locations.  If You use this Site outside the United States of America or Canada, You are solely responsible for following applicable local laws.

FEEDBACK.

Any submissions by You to Us (e.g., questions, answer responses, comments, suggestions, uploaded materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please Read This Provision Carefully.  It Affects Your Legal Rights.

This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us.  Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.

This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury.  We prefer this because We believe arbitration is more amicable than litigation.  To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).  You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing Us at operations@medschoolbro.com the following information: (1)Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within forty-five (45) days after receiving Your notification, than You may pursue Your Dispute in arbitration.  You may pursue Your dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”).  You may opt-out of this Provision by emailing Us the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally.  In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us.  But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration.  All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action procedures or rules apply to the arbitration.

Because this Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party.  Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or We may initiate arbitration in either Florida or the federal judicial district that includes Your billing address.  In the event that You select the latter, We may transfer the arbitration to Florida so long as We agree to pay any additional fees or costs which the arbitrator determines You incur as a result of the transfer.

Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses.  In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and We specifically agree to do so following initiation of the arbitration.  If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You.  Neither You, nor any other user of this Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that You would have if You went to court (e.g.,, the rights to both appeal and  certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of this Site.  Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the language in this Provision if a dispute between Us arises.

GENERAL.

We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You.  We will even provide You with recommended necessary corrective action(s) because We value this relationship.

However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Site without prior notice to You.  The Federal Arbitration Act, Florida state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in Saint Lucie County, Florida.  If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  By choosing not to enforced any of these Terms, We are not waiving Our rights.  These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Site.  The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CALIFORNIA CONSUMER NOTICE.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by Portnoff Management Corp d/b/a MedSchoolBro.com, 14 Madison Avenue, Richmond Hill ON, M5V0L6 Canada and Derm Dynamics FL LLC, 7893 Saddlebrook Drive, Port Saint Lucie, Florida, 34986 USA.  If You have a question or complaint regarding the Site or Service, please contact Customer Service via email.  You may also contact Us by writing Derm Dynamics FL LLC, 7893 Saddlebrook Drive Port Saint Lucie, FL 34986. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

CONTACT US.

If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at Email: contact@medschoolbro.com