Next Step Terms of Use

Terms and Conditions of Use

 In using this website you are deemed to have read and agreed to the following terms and conditions:

 This is a legal agreement (Agreement) between you and Blueprint Education Holdings, LLC, d/b/a Next Step Test Preparation., an Illinois Limited Liability Company (Next Step Test Preparation). By accessing the Next Step Test Preparation website, currently located at https://mcat.nextsteptestprep.com (the Site), you become a User and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site (hereinafter Service).  Your use of, or participation in, certain additional services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such services.

The Service consists of the following, without limitation: An online resource for MCAT study and MCAT preparation, including but not limited to MCAT practice exams.

This Agreement is subject to change by Next Step Test Preparation in its sole discretion at any time, with or without notice. Your continued use of the Site, or the Service after the posting of revisionsto this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.

ARTICLE I

USE OF NEXT STEP Test Preparation

Eligibility

Minimum Age: You must be at least 13 years old to access and register for the Site.

Territory:  is open to United States and international residents at this time.

Terms and Termination:  This Agreement will become effective upon your acceptance of the Agreement by your use of the Site and will remain in effect in perpetuity unless terminated hereunder. Either you or Next Step Test Preparation may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Next Step Test Preparation reserves the right to immediately suspend or terminate your access to the Service, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from the Service and any other records at any time at our sole discretion.

Exclusive Use: Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Next Step Test Preparation is not responsible for third-party access to your account that results from theft or misappropriation of your mobile devices, usernames or passwords.

Geographic Limitations: Next Step Test Preparation is intended for use in the United States and internationally. You will only use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a Specially Designated National, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Service is void where prohibited. To the extent that the Service is not legal in your jurisdiction, you may not use the Service.

Information Submitted:  You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service and (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter post) through the Service, if applicable.

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Next Step Test Preparation. Next Step Test Preparation does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify Next Step Test Preparation, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

No False Information: You will not provide inaccurate, misleading or false information to Next Step Test Preparation or to any other User. If information provided to Next Step Test Preparation or another User subsequently becomes inaccurate, misleading or false, you will promptly notify Next Step Test Preparation of such change.

Risk Assumption and Precautions: You assume all risk when using the Service and purchasing through any third-party vendors, including but not limited to all of the risks associated with any online or offline interactions with others and all risks associated with your purchases from third-party vendors.

No Guarantees: You understand that Next Step Test Preparation makes no guarantees, either express or implied, regarding your chances or ability to pass the MCAT or any other test or academic subjects Next Step Test Preparation provides study aids for.  While Next Step Test Preparation strives to create practice tests which accurately simulate the MCAT exam as is given by the Association of American Medical Colleges, Next Step Test Preparation makes no guarantees regarding any of its practice tests and how well they simulate the MCAT as is written by the Association of American Medical Colleges.

Next Step Test Preparation practice exams are created and owned solely by Next Step Test Preparation.  Next Step Test Preparation is not in any way associated of affiliated with the Association of American Medical Colleges.  The Association of American Medical Colleges does not review or provide any input whatsoever, to the Next Step Test Preparation team regarding any of its products, including but not limited to practice MCATs.

Technical Requirements: Next Step Online Access includes Test Practice and Course. Online Access will be supported on the up-to-date versions of Google Chrome and Mozilla Firefox browsers. You should maintain updated versions of these browsers for the Online Access to work correctly. The Online Access was designed for use on laptops or desktops. While some functions may work on mobile devices (including tablets), not all will, and using these devices to access your online resources is not recommended. Next Step will make every effort to ensure continuous access to the Online Access, but there may be scheduled and unscheduled downtime due to technical issues.

Reporting of Violations: You will promptly report to Next Step Test Preparation any violation of the Agreement by other Users.

Content Removal:  Next Step Test Preparation reserves the right, but has no obligation, to monitor the information or material you submit to the Service or post in any public areas of the Service, if applicable. Next Step Test Preparation will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.

Posting and Communication Restrictions: You will not post on the Site, transmit to other Users, communicate any content (or links thereto), or otherwise engage in any activity on the Site and through the Service, that:

i. is intended to defraud, swindle or deceive others;

ii. is intended to or tends to harass, annoy, threaten or intimidate other Users, or Next Step Test Preparation personnel;

iii. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;

iv. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;

v. collects or solicits personal information about anyone under 18;

vi. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

vii. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;

viii. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;

ix. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

x. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;

xi. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;

xii. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;

xiii. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site or Service;

xiv. solicits gambling or engages in any gambling or similar activity;

xv. uses scripts, bots or other automated technology to access the Service;

xvi. uses the Service for chain letter, junk mail or spam e-mails; or

xvii. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.

No Advertising or Commercial Solicitation: You will not advertise or solicit any User to buy or sell any products or services through the Service nor will you solicit or advertise any User, other than Next Step Test Preparation itself, to donate to any Charities through the Service. You may not transmit any chain letters, junk or spam e-mail to other Users. Further, you will not use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, spam or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to Next Step Test Preparation, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Next Step Test Preparation $50 for each such unsolicited communication you send through the Service.

Article II

PROPRIETARY RIGHTS

Ownership of Proprietary Information: You hereby acknowledge and agree that Next Step Test Preparation is the owner of valuable proprietary information, including without limitation, the website content, practice tests, study aids, software code and other intellectual property used to operate the Site and the Service (collectively, “Confidential Information”). Next Step Test Preparation owns and hereby retains all proprietary rights in the Service and the Site, including but not limited to, all Confidential Information.

No Use of Confidential Information:  You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Service, without first obtaining the prior written consent of the owner of such proprietary rights.

Partners and Third Party Advertisers:  Next Step Test Preparation may post third party copyrighted information, whether or not it is identified as copyrighted.  You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any third party proprietary information available via the Service.

License to Posted Content: By uploading any of your information and content to any profile pages or public area of the Service, you automatically grant, and you represent and warrant thatyou have the right to grant, to Next Step Test Preparation an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distributesuch information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

ARTICLE III

USER INFORMATION

Privacy Policy: For information about the collection and possible use of information and material provided by you, please click on Next Step Test Preparation’s Privacy Policy. By using the Site or the Service, you are consenting to the terms of this Privacy Statement.

Log Files: We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is used only on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Links to this website: You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website:  We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy policies of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Next Step Test Preparation will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Disclosure By Law:  You acknowledge and agree that Next Step Test Preparation may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Next Step Test Preparation’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.

Use of Anonymous Information for Research and Marketing:  By using the Service, you agree to allow Next Step Test Preparation to anonymously use information from you and your experiences through the Service for research and Marketing development purposes and to improve the Service.

Communication and Privacy: We may use your email address to send you our newsletter, or messages notifying you of any new products or services we are offering, any potential issues with your account, or purchases, important changes to the Service or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Service. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us),please refer to our Privacy Policy to review and update your options.

ARTICLE IV

DISCLAIMER OF WARRANTY

No Warranties: THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEXT STEP Test Preparation PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEXT STEP TEST PREPARATION DOES NOTWARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THESERVICE WILL BE CORRECTED. NEXT STEP TEST PREPARATION DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.

Third Party Content:  Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Next Step Test Preparation, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

NEXT STEP TEST PREPARATION DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPTRESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN NEXT STEP TEST PREPARATION. UNDER NO CIRCUMSTANCES WILLNEXT STEP TEST PREPARATION BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONEÕS RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, ORTRANSMITTED TO OR BY ANY USERS.

Beta Features.  From time to time, Next Step Test Preparation may offer new “beta” features or tools with which its users may experiment on the Service. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Next Step Test Preparation’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

ARTICLE V

LIMITATION OF LIABILITY AND INDEMNIFICATION

Incidental Damages and Aggregate Liability:  IN NO EVENT WILL NEXT STEP TEST PREPARATION BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF NEXT STEP TEST PREPARATION KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL NEXT STEP TEST PREPARATION’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, THE USE OF THE SERVICE, THE SITE OR PARTICIPATION IN AN EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).

No Liability for non-Next Step Test Preparation Actions: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEXT STEP TEST PREPARATION BE LIABLE FOR ANY DAMAGESWHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU ORANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE OR PARTICIPATION IN ANY EVENT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANYOTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERSWHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

Information Verification:  Next Step Test Preparation and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Next Step Test Preparation and its contractors will have no liability to you arising from any incorrectly verified information.

Indemnification:You agree to indemnify, defend and hold harmless Next Step Test Preparation, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Service, (b) your violation of any terms of this Agreement or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. Next Step Test Preparation reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Next Step Test Preparation in asserting any available defenses.

ARTICLE VI

GENERAL PROVISIONS

Communication: You may contact us via email which can be found on our Contact Us link on our Site. This company is registered in California.

Force Majeure: Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Complaints: To resolve a complaint regarding the Service, you should e-mail us at mcat@nextsteptestprep.com.

Controlling Law:  Any disputes arising out of or related to this Agreement or any use by you of the Service or participation in any Event shall be governed by the internal laws of the State of Illinois, without regard to its choice of law rules and without regard to conflicts of laws principles, except that the Arbitration provision shall be governed by the Federal Arbitration Act.

Miscellaneous:  This Agreement, which you accept upon registration for the Service, the Privacy Policy , and any applicable payment or purchase terms comprise the entire agreement between you and Next Step Test Preparation regarding the use of the Service, superseding any prior agreements between you and Next Step Test Preparation related to the Service(including, but not limited to, any prior versions of this Agreement). FAQÕs found on the Site are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your membership in the Service. The failure of Next Step Test Preparation to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Article and section titles in this Agreement are for convenience only and have no legal or contractual effect.

Waiver.  Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both parties.

Arbitration.  We will make every reasonable effort to resolve any disagreements that you have with Next Step Test Preparation. If those efforts fail, by using the Service you agree that any claim, dispute, or controversy you may have against Next Step Test Preparation arising out of, relating to, or connected in any way with this Agreement, the Service shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (ÒAAAÓ) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established byA AA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Next Step Test Preparation; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Next Step Test Preparation’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Next Step Test Preparation will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed  in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Next Step Test Preparation shall be entitled to arbitrate their dispute.

Digital Millennium Copyright Act Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Site, please notify Next Step Test Preparation’s copyright agent, asset forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

1.  An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2.  Identification of the copyrighted work that you claim is being infringed;

3.  Identification of the material that is claimed to be infringing and where it is located on the Site;

4.  Information reasonably sufficient to permit Next Step Test Preparation to contact you, such as your address, telephone number, and e-mail address;

5.  A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6.  A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent: mcat@nextsteptestprep.com.

Notification of Changes: Next Step Test Preparation reserves the right to change these conditions from time to time as it sees fit and your continued use of this Service will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the User and ourselves. Your accessing of this website and/or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.  

Date of Last Revision: This Agreement was last revised on September 11, 2019