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TERMS & CONDITIONS

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DR. TOM’S CLASSROOM TERMS AND CONDITIONS

PLEASE NOTE: 
With DR TOM’S CLASSROOM Review courses, participants are paying for online access to the course for a set period of time. DR TOM’S CLASSROOM is unable to extend access to the course beyond the purchased timeframe. The participant is obligated by the following agreement to take advantage of the course materials during the timeframe they have purchased.

There are certain fixed costs associated with delivering the course to each individual participant, and DR TOM’S CLASSROOM offers no free retakes of the course. If a participant wants to continue their review after their purchased timeframe has ended, they will need to purchase another course. 

We understand that sometimes life interferes and people need to retake the course for a variety of reasons, and we do offer deeply discounted Retake Prices to our participants to help make retaking the course more affordable. All participants are eligible for the following General Retake Prices: $200 for Fast Track Review, $300 for 20-Week Review or 6-month CBT Review Access, $400 for Extended Review or 12-Month CBT Review Access. Participants who take the exam, do not pass, and send us their exam diagnostic are eligible for the following Failed Test Retake Prices: $100 for Fast Track Review, $150 for 20-Week Review or 6-month CBT Review Access, and $200 for Extended Review or 12-month CBT Review Access. (See section 6.3 of the TERMS AND CONDITIONS for details)

TERMS AND CONDITIONS

Please read this document carefully. This is a legal agreement between you and DR TOM’S CLASSROOM that governs your use of any DR TOM’S CLASSROOM online course and any associated software code, documentation or other materials made available by DR TOM’S CLASSROOM (collectively referred to in this Agreement as the “Online Course”).

If you do not agree to be bound by the terms and conditions of this Agreement and you have already paid for the Online Course, your money will be refunded if:
1) you do not access or use the Online Course beyond Terms and Conditions; AND
2) you notify DR TOM’S CLASSROOM by e-mail or postal mail within thirty (30) days of the start date of your subscription period that you do not accept the terms of this Agreement. Once you have accepted the Terms and Conditions and accessed the course materials, we cannot offer you a full refund, and any partial refund will be at the discretion of DR TOM’S CLASSROOM based on the percentage of the course that has been accessed. No refunds will be offered after thirty (30) days of start date of your subscription period.

1. License.1.1 
You are granted a nonexclusive, nontransferable, limited license to access and use the Online Course for the duration of time for which the applicable fees, if any, have been paid.

1.2 You are granted a nonexclusive, nontransferable, limited license to print out materials from the Online Course solely for your own, individual use. You may not copy, distribute or otherwise share the materials you have printed out with others.

2. Restrictions.
The Online Course is licensed to only you. In no event may you share your login, password or use of the Online Course with another person, or transfer, rent, sell, or otherwise dispose of the Online Course on a temporary or permanent basis without the prior written consent of DR TOM’S CLASSROOM. 

3. Ownership of Online Course.
3.1 All content is copyright © DR TOM’S CLASSROOM, LLC unless otherwise stated. This includes, but is not limited to: all text, images, graphics, audio commentary, visual presentations and any course related files. Material cannot be copied, reproduced or distributed in any form without prior written consent. All material provided and presented during training is for the sole use of the individual. All rights, title, and interest (including all copyrights and other intellectual property rights) in the Online Course in both print and machine readable form belongs to DR TOM’S CLASSROOM or its licensors or suppliers. You acquire no proprietary interest in the Online Course or copies thereof.

3.2 Except as specifically provided in Sections 1.1 and 1.2, you are prohibited from downloading, storing, reproducing, transmitting, displaying, publishing, copying, distributing or using the Online Course. You may not modify, adapt, translate or create derivative works of the Online Course except in accordance with this Agreement or with the prior written consent of DR TOM’S CLASSROOM. You may be held legally responsible for any infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.

3.3 You may not remove, redact or otherwise obscure the copyright, trademark or other notices contained in the Online Course. 

4. Technical Support.

You may contact DR TOM’S CLASSROOM during regular business hours by email or telephone if you experience difficulties connecting to or using technical features of the Online Course during the period of time for which you have paid the applicable Online Course fees. 

5. Content Support.
DR TOM’S CLASSROOM provides support for questions related to the content of the Online Course via a website forum where you may post questions and receive answers. DR TOM’S CLASSROOM encourages your content-related feedback, and will forward feedback and suggestions to the Online Course content developer. Questions posted in the forum must fall within the forum parameters provided to you in the course in order to be answered.

6. Limited Warranty.
6.1 DR TOM’S CLASSROOM represents and warrants that it has the right and authority to make the Online Course available to you.

6.2 While DR TOM’S CLASSROOM endeavors to make web access to the Online Course available to you 24 hours per day, 7 days per week except for regularly scheduled downtime periods, DR TOM’S CLASSROOM reserves the right to change its availability policy from time to time, and DR TOM’S CLASSROOM does not warrant that the Online Course will be uninterrupted, nor does it warrant any particular feature of the Online Course. DR TOM’S CLASSROOM personnel are available to maintain and/or repair the Online Course only during regular business hours.


6.3 FAILURE – Should you be unsuccessful in your attempt to pass the Civil or Mechanical Professional Engineering Exam, after completing our courses, DR TOM’S CLASSROOM assumes no responsibility. Any statement of percentages of students passing the exam are historical and in no way constitute a warranty of any kind, express or implied. However, for participants who wish to purchase the course a second time, we offer the following:
General Retake Prices of $200 for Fast Track Review, $300 for 20-Week Review or 6-month CBT Review Access, $400 for Extended Review or 12-Month CBT Review Access – for participants who are unable to finish the course or take the exam for any reason.
Failed Test Retake Prices: $100 for Fast Track Review, $150 for 20-Week Review or 6-month CBT Review Access, and $200 for Extended Review or 12-month CBT Review Access – for participants who complete the full course, take the exam, do not pass and send us their exam diagnostic.

6.4 EXCEPT AS OTHERWISE PROVIDED IN SECTION 6.2, THE ONLINE COURSE AND ANY SERVICES PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DR TOM’S CLASSROOM AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DR TOM’S CLASSROOM, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY UPON SUCH INFORMATION OR ADVICE.

7. User Obligations.

7.1 You hereby represent and warrant that the information you have provided on the customer information or registration form is true and accurate.

7.2 You are entirely responsible for any and all activities that occur under your account, and you are responsible to oversee and protect against unauthorized or unlawful use of or access to the Online Course. You shall notify DR TOM’S CLASSROOM immediately of any unauthorized use of your account or any other breach of security.

7.3 You are entirely responsible for taking the course during the period of time for which you have paid the applicable Online Course fees. DR TOM’S CLASSROOM offers no refund of applicable Online Course fees if you do not complete any or all of the Online Course during the period of time for which you have paid the applicable Online Course fees.

7.4 You will indemnify and hold harmless DR TOM’S CLASSROOM and its licensors or suppliers against any and all judgments, settlements, penalties, costs and expenses (including attorneys’ fee) paid or incurred in connection with claims due to, resulting from or arising in connection with your actions or negligence, including but not limited to those attributable to any breach of this agreement or any infringement, misappropriation or violation of any copyrights, intellectual property rights or other proprietary rights of any third party.

8. Limitations of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DR TOM’S CLASSROOM NOR ANYONE ELSE WHO HAS BEEN INVOLVED ON BEHALF OF DR TOM’S CLASSROOM IN THE CREATION, PRODUCTION OR DELIVERY OF THE ONLINE COURSE OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE ONLINE COURSE, EVEN IF DR TOM’S CLASSROOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DR TOM’S CLASSROOM OR ITS LICENSORS OR SUPPLIER’S TOTAL CUMULATIVE LIABILITY FOR LOSS OR DAMAGE UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE ONLINE COURSE.

9. Miscellaneous.
9.1 Termination. These General Terms and Conditions, including the Additional Terms, may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule or purchase agreement; all other provisions may be changed by DR TOM’S CLASSROOM immediately upon notice. All current subscribers to the Online Course will be notified by of any such changes by e-mail. Continued use of the Online Course following any change constitutes acceptance of the change.

9.2 Choice of Law and Forum. This Agreement shall be governed by the laws of the State of North Carolina without regard to that body of law known as conflicts of law, and excluding the United Nations Convention on Contracts for the Sale of Goods. You agree that any dispute arising under this Agreement shall be brought solely and exclusively in a court of competent jurisdiction located in the state of North Carolina, USA, and agree to submit to personal jurisdiction in the State of North Carolina for that purpose.
9.3 Transferability. You may not assign your rights to access and use the Online Course without the prior written consent of DR TOM’S CLASSROOM.
9.4 Complete Agreement. These General Terms and Conditions, and any Additional Terms constitute the complete and exclusive statement of the terms of the agreement regarding the Online Course between you and DR TOM’S CLASSROOM. It supersedes and replaces any previous or contemporaneous written or oral agreements and communications relating to the Online Course.
9.5 Waiver/Modification. No waiver or modification of the terms of this Agreement shall be effective unless ratified in writing and signed by both you and DR TOM’S CLASSROOM. This Agreement will not be amended or modified by the terms of any purchase order or acknowledgement, regardless of whether DR TOM’S CLASSROOM may have accepted or signed the same. Any party’s failure to enforce the provisions of this Agreement shall not constitute or be construed as a waiver of any other provisions or rights.
9.6 Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

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