1.1 The PreMed StAR Web site (hosted at http://www.premedStAR.com, referred to as the “PM StAR Website”) is maintained and operated by PreMed StAR LLC (a limited liability company (LLC) organized under the laws of the state of Texas) as a service to help medical schools identify and recruit the students they want, and help students be recruited by such medical schools.
1.2 Authorized users of the PM StAR Website (referred to collectively as “You” or “Your,” unless otherwise specified) include non-registered persons who visit and access the PM StAR Website, registered persons who are students seeking to be recruited to or admitted to a medical school institution (referred to as “individual users”), and registered persons who are authorized to represent medical, graduate, and all other academic institutions (referred to as “institutional users.”) You must be and warrant that you are at least 18 years of age. By accessing and using the PM StAR Website, You agree to the following terms and conditions, including any legal notices, privacy policies, and disclaimers, and all terms, guidelines, and disclosures incorporated by reference, referred to collectively as the “Terms.” If You do not agree with these terms, please do not use the PM StAR Website.
1.4 The Terms constitute the entire agreement between PreMed StAR and You, and the Terms supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the PM StAR Website, the content, products or services provided by or through the PM StAR Website, and the subject matter of the Terms.
1.5 The Terms may be amended at any time and at the discretion of PreMed StAR. Please review the Terms carefully, before using the PM StAR Website. Notice of any modification to the Terms will be made by posting the modifications to the PM StAR Website and indicating the date of the last update. Your continued access or use of the PM StAR Website after the changes are posted will constitute Your acceptance of such changes or modifications.
2.0 Copyright and Trademark.
2.0 The PM StAR Website is an official publication of the PreMed StAR. Unless otherwise indicated, all text and photographs appearing on the homepage or subsequent official pages linked to it are copyrighted and should not be reproduced without written permission from PreMed StAR.
2.1 Subject to the express provisions of the Terms:
2.1.1 PreMed StAR, together with its licensors, own and control all the copyright, trademarks, and other intellectual property rights in the PM StAR Website and the material on the PM StAR Website. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the PM StAR Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The commercial copying, redistribution, use or publication by You of any such matters or any part of the PM StAR Website is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed or accessed through the PM StAR Website. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
2.1.2 PreMed StAR, its associated “StAR” logo, the look and feel of the PM StAR Website, including headers, custom designs, slogans, color schemes, any original collections of images and other design elements are all the service marks, trademarks, and/or trade dress of PreMed StAR (collectively referred to as the “Marks”). The Marks cannot be copied, imitated, used, in any way, without PreMed StAR’s prior written permission, or as otherwise provide in these Terms. All other trademarks and service marks, including product names, service names, logos belong to their respective owners, and are subject to their restrictions.
2.1.3 All the copyright and other intellectual property rights in the PM StAR Website and the material on the PM StAR Website are reserved and notice is provided in at least the following manner: Copyright © 2016 PreMed StAR.
3.0 Information on Site.
3.1 The PM StAR Website contains information that pertains to an Online Recruitment Network for Pre-Medical Students, including information obtained from educational institutions. Though information is updated periodically, PreMed StAR cannot warrant and makes no such warranty that information on the site or obtained from the site is current. PreMed StAR will provide modification dates that can be used as guides to the timeliness of the information, but no warranty is made that any changes have been made to the information since it was posted on the PM StAR Website or that the source documents from which information was taken is accurate.
3.2 PreMed StAR does make every reasonable effort, however, to work from authoritative sources. PreMed StAR reserves the right at its sole discretion to edit or delete any documents, information or other content appearing on the PM StAR Website.
4.0 Use of Materials and Information on the PM StAR Website.
4.1 You may:
4.1.1 view pages from the PM StAR Website in a web browser;
4.1.2 download pages from the PM StAR Website for caching in a web browser;
4.1.3 print pages from the PM StAR Website as a non-secure (logged out) user, NOTE, when logged in as a secure user, You are prohibited from printing any content from PreMed StAR’s website without the written consent of PreMed StAR administration;
4.1.4 stream audio and video files from the PM StAR Website; and
4.1.5 use services accessible through the PM StAR Website by means of a web browser, subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, You must not download any material from the PM StAR Website or save any such material to Your computer.
4.3 You may only use the PM StAR Website for Your own personal and business purposes, and You must not use the PM StAR Website for any other purposes. All secure content (content accessed while logged in with a username and password), MUST be kept confidential and not shared with any individual who is not involved with the recruitment process at Your institution as appointed by Your institution’s administration. PreMed StAR reserves the right to investigate each individual user account when there is suspicion of a confidentiality breach.
4.4 Except as expressly permitted by the Terms, You must not edit or otherwise modify any material on the PM StAR Website.
4.5 Unless You own, provided, or control the relevant rights in the material, You must not:
4.5.1 republish material from the PM StAR Website including republication on another website;
4.5.2 sell, rent or sub-license material from the PM StAR Website;
4.5.3 show any material from the PM StAR Website in public;
4.5.4 exploit material from the PM StAR Website for a commercial purpose; or
4.5.5 redistribute material from the PM StAR Website.
4.6 Notwithstanding Section 4.5, You may redistribute PreMed StAR’s newsletters and blogs in print and electronic form to any person.
4.7 PreMed StAR reserves the right to restrict access to areas of the PM StAR Website, or indeed the entire PM StAR Website, at PreMed StAR’s discretion; You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the PM StAR Website.
5.0 Acceptable use of the PM StAR Website
5.1 You must not:
5.1.1 use the PM StAR Website in any way or take any action that causes, or may cause, damage to the PM StAR Website or impairment of the performance, availability or accessibility of the PM StAR Website;
5.1.2 use the PM StAR Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
5.1.3 use the PM StAR Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
5.1.4 conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the PM StAR Website without PreMed StAR’s express written consent;
5.1.5 access or otherwise interact with the PM StAR Website using any robot, spider or other automated means;
5.1.6 violate the directives set out in the robots.txt file for the PM StAR Website; or
5.1.7 use data collected from the PM StAR Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.1.8 You must not use data collected from the PM StAR Website to contact individuals, companies or other persons or entities.
5.1.9 You must not use personal data (including but not limited to names, phone numbers, email addresses, grade point averages, GPA, test scores, transcripts, resumes, curriculum vitaes, and photos) collected from the PM StAR Website to share with any other individual
5.2 You must ensure that all the information You supply to PreMed StAR through the PM StAR Website, or in relation to the PM StAR Website, is true, accurate, current, complete and non-misleading.
6.0 Registration and accounts
6.1 To be eligible for an individual account on the PM StAR Website under this Section 6, You must be at least 18 years of age and a resident in the United States or its Territories.
6.2 To be eligible for an institutional account on the PM StAR Website under this Section 6, Institutions must be accredited by their governing body. The designated recruiter from each institution must be granted the authority to recruit students on behalf of his or her institution by the Dean of the school. If this authority is not granted, the recruiter may not use the PM StAR website.
6.3 You may register for an account with the PM StAR Website by completing and submitting the account registration form on the PM StAR Website, and clicking on the verification link in the email that the PM StAR Website will send to You.
6.4 If a fee is required, You must pay the appropriate subscription fee due at the time of registration and as per the payment schedule which You agree to at the time of registration. Failure to do so will result in immediate removal of Your account from the PM StAR Website.
6.5 You must notify PreMed StAR in writing immediately if You become aware of any unauthorized use of Your account.
6.6 You must not use any other person’s account to access secure areas (areas only accessible to users who are “logged in” by means of a username and password).
7.0 User IDs and passwords
7.1 If You register for an account with the PM StAR Website, You will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; You must not use Your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep Your password confidential.
7.4 You must notify PreMed StAR in writing immediately if You become aware of any disclosure of Your password.
7.5 You are responsible for any activity on the PM StAR Website arising out of any failure to keep Your password confidential, and may be held liable for any losses arising out of such a failure.
7.6 Your right to use the Site is not transferable. Any password or right given to You to obtain information or documents is not transferable.
8.0 Cancellation and suspension of account
8.1 PreMed StAR may:
8.1.1 Suspend Your account;
8.1.2 Cancel Your account without a refund; and/or
8.1.3 Edit Your account details, at any time at PreMed StAR’s sole discretion without notice or explanation.
8.2 You may cancel Your own account on the PM StAR Website.
9.0 PreMed StAR’s Use of Your Content
9.1 In these Terms, “Your Content” means all works and materials (including without limitation text (including blog posts, response, replies, etc.), graphics, images, audio material, video material, audio-visual material, scripts, software and files) that You submit to PreMed StAR or the PM StAR Website for storage or publication on, processing by, or transmission via, the PM StAR website.
9.2 You grant to PreMed StAR a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute Your Content in any existing or future media / reproduce, store and publish Your Content on and in relation to the PM StAR Website and any successor website / reproduce, store and, without Your specific consent beyond implied consent by Your enrollment on the PM StAR Website, publish Your Content on and in relation to the PM StAR Website.
9.3 You grant to PreMed StAR the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to PreMed StAR the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all Your moral and legal rights in Your Content to the maximum extent permitted by applicable law; and You warrant and represent that all other moral and legal rights in Your Content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit Your Content to the extent permitted using the editing functionality made available to Your account on the PM StAR Website.
9.7 Without prejudice to PreMed StAR’s other rights under the Terms, if You breach any provision of these terms and conditions in any way, or if PreMed StAR reasonably suspects that You have breached these terms and conditions in any way, PreMed StAR may delete, unpublish, or edit any or all of Your content.
10.0 Your Content: rules
10.1 Users, including institutions and potential recruits/students, will post content (referred to here as “Your Content”) on the PM StAR Website. You warrant and represent that Your Content will comply with the Terms.
10.2 Your Content will be accurate and truthful. You warrant and represent that Your Content will be accurate and truthful.
10.3 Your Content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.4 Institutional users will not reproduce Your content, or other confidential information of individual users, or share Your content or other confidential information outside of the permissible uses set out in this Agreement.
10.5 Your Content, and the use of Your Content by PreMed StAR in accordance with the Terms, must not:
10.5.1 be libelous or maliciously false;
10.5.2 be obscene or indecent;
10.5.3 infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
10.5.4 infringe any right of confidence, right of privacy or right under data protection legislation;
10.5.5 constitute negligent advice or contain any negligent statement;
10.5.6 constitute an incitement to commit a crime, (such as instructions for the commission of a crime or the promotion of criminal activity);
10.5.7 be in contempt of any court, or in breach of any court order;
10.5.8 be in breach of racial or religious hatred or discrimination legislation;
10.5.9 be blasphemous;
10.5.10 be in breach of national security legislation;
10.5.11 be in breach of any contractual obligation owed to any person;
10.5.12 depict violence, in an explicit, graphic or gratuitous manner;
10.5.13 be pornographic, lewd, suggestive or sexually explicit;
10.5.14 be untrue, false, inaccurate or misleading;
10.5.15 consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
10.5.16 constitute spam;
10.5.17 be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
10.5.18 cause annoyance, inconvenience or needless anxiety to any person.
11.0 Limited warranties
11.1 PreMed StAR does not warrant or represent:
11.1.1 the completeness or accuracy of the information published on the PM StAR Website;
11.1.2 that the material on the PM StAR Website is up to date;
11.1.3 that the PM StAR Website or any service on the PM StAR Website will remain available;
11.1.4 that any individual user will be recruited or admitted to any medical school, including any medical school using the PM StAR Website as an institutional user; or
11.1.5 that the confidential information of any individual user will be kept confidential once any institutional user receives such information.
11.2 PreMed StAR reserves the right to discontinue or alter any or all of the PM StAR Website services, and to stop publishing the PM StAR Website, at any time in PreMed StAR’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, You will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if stop publishing the PM StAR Website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, PreMed StAR exclude all representations and warranties relating to the subject matter of these terms and conditions, the PM StAR Website and the use of the PM StAR Website.
12.0 Disclaimer and Limits.
12.1 Nothing in these terms and conditions will:
12.1.1 limit or exclude any liability for death or personal injury resulting from negligence;
12.1.2 limit or exclude any liability for fraud or fraudulent misrepresentation;
12.1.3 limit any liabilities in any way that is not permitted under applicable law; or
12.1.4 exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
12.2.1 are subject to Section 12.1; and
12.2.2 govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
12.3 THE INFORMATION FROM OR THROUGH THE PM STAR WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN CORRUPTED DATA, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PREMED STAR AND ANY AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PREMED STAR AND PREMED STAR’S AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, BREACH OF DATA, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PREMED STAR AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PREMED STAR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
12.4 ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. PREMED STAR WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE PM STAR WEBSITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
12.5 To the extent that the PM StAR Website and the information and services on the PM StAR Website are provided free of charge, PreMed StAR will not be liable for any loss or damage of any nature, consistent with the disclaimers and limitations of liability of this Section 12.0. PreMed StAR uses reasonable efforts and measures to prevent contamination by known viruses and to maintain the security of the PM StAR Website but PreMed StAR does not warrant the information on the PM StAR Website in any way and in particular no warranty is given that the PM StAR Website or its contents or hypertext links are accurate, complete, virus free or uncontaminated, nor can PreMed StAR guarantee that the PM StAR Website may not be affected by deliberate damage by or from hackers, viruses, bugs, corruption of data or other destructive features. All liability for such damage is hereby expressly excluded.
12.6 You accept that PreMed StAR has an interest in limiting the personal liability of PreMed StAR’s officers, board members, and employees and, having regard to that interest, You acknowledge that PreMed StAR is a non-profit entity; You agree that You will not bring any claim personally against PreMed StAR’s officers, board members, or employees in respect of any losses You suffer in connection with the PM StAR Website or these terms and conditions.
13.0 Breaches of the Terms
13.1 Without prejudice to PreMed StAR other rights under the Terms, if You breach the Terms in any way, or if PreMed StAR reasonably suspects that You have breached these terms and conditions in any way, PreMed StAR may:
13.1.1 send You one or more formal warnings;
13.1.2 temporarily suspend Your access to the PM StAR Website;
13.1.3 permanently prohibit You from accessing the PM StAR Website;
13.1.4 block computers using Your IP address from accessing the PM StAR Website;
13.1.5 contact any or all Your internet service providers and request that they block Your access to the PM StAR Website;
13.1.6 commence legal action against You, whether for breach of contract or otherwise;
13.1.7 suspend or delete Your account on the PM StAR Website, without refund and/or
13.1.8 report Your misuse to other members of the PM Website who may be harmed by Your actions.
13.2 When PreMed StAR suspends or prohibit or block Your access to the PM StAR Website or a part of the PM StAR Website, You must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.2 The revised terms and conditions shall apply to the use of the PM StAR Website from the date of publication of the revised terms and conditions on the PM StAR Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
14.3 If you have given Your express agreement to these terms and conditions, PreMed StAR may ask, but are not required to ask, for Your express agreement to any revision of these terms and conditions; and if You do not give your express agreement to the revised terms and conditions within such period as PreMed StAR may specify, PreMed StAR will disable or delete your account on the PM StAR Website, without refund, and You must stop using the PM StAR Website.
15.1 You hereby agree that PreMed StAR may assign, transfer, sub-contract or otherwise deal with PreMed StAR’s rights and/or obligations under the Terms.
15.2 You may not without the prior written consent of PreMed StAR assign, transfer, sub-contract or otherwise deal with any of Your rights and/or obligations under these terms and conditions.
16.1 If a provision of the Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of the Terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17.0 Third party rights
17.1 The Terms are for the benefit of PreMed StAR and Your benefit, and the Terms are not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
18.0 Entire agreement
19.0 Law and jurisdiction
19.1 The Terms shall be governed by and construed in accordance with the laws of the State of Texas, without applying the choice of law provisions of other states. By accessing or using the PM StAR Website, You submit, without revocation or condition, to the exclusive venue and personal jurisdiction of the state and/or federal courts in Dallas, County in any dispute relating to the access or use of the PM StAR Website (even if You claim to have accessed or used the PM StAR Website outside of Texas). You agree to file any lawsuit or action arising out of access or use of the PM StAR Website, in law or in equity, in the state or federal courts of Dallas County.
19.2 Any disputes relating to the Terms shall be subject to the jurisdiction of the courts of the State of Texas, consistent with the terms of Section 19.1.
20.1 The opinions & views expressed, written, and submitted on www.PreMedStAR.com are those of the specific individual posting the member generated content. These opinions and views are not reflective of PreMed StAR as a business entity. In using the services and the PM StAR Website, You agree that the business entity and organizational leaders cannot and will not be held liable or responsible for such opinions and website content as mentioned. Therefore, You surrender all rights to pursue legal action against this business entity or its leadership, and to the extent permissible by law is hereby waived.
20.2 PreMed StAR is a secure website with both internal and external security barriers, however, the risk remains that private and confidential information entered on PreMed StAR by users may be illegally acquired by outside parties and individuals. By using PreMed StAR, You acknowledge this risk and acknowledge that neither PreMed StAR nor its leadership will be held liable or responsible for any breach of data leading to the theft of Your private and confidential information. Also, by using PreMed StAR, You forfeit and to the extent permissible waive all rights to pursue legal action against PreMed StAR or its leadership.
21.0 PreMed StAR details
21.1 The PM StAR Website is operated by PreMed StAR.
21.2 Med School Recruiter LLC (DBA PreMed StAR) is a registered limited liability company (LLC) in Texas, United States.
21.3 You can contact PreMed StAR by emailing Info@PreMedStAR.com