Terms and Conditions

Effective: May 18, 2024

THESE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY PRIOR TO YOUR USE OF OUR PLATFORM OR SERVICES.
Thank you for using 1SM! These Terms of Service (“Terms”) govern your use of the 1SM services (the “Services” as defined in Section III below), including 1SM’s website, mobile applications, and any websites and portions thereof or mobile applications that are operated by 1SM (collectively, the “Platform”), and are entered into by you and 1 Source Medicine, LLC (d/b/a “1 Source Medicine” and “1SM”), a Kansas limited liability company and all of its affiliates, including 1 Source Prep, Inc., a forthcoming subchapter-S corporation (collectively, “1SM,” “we,” “us,” “our”).

These Terms constitute a binding, enforceable contract between you and us and govern your access to and use of the Platform and Services. By accessing or otherwise using the Platform or our Services, you agree to all the provisions included in these Terms. As used in these Terms, “you” and “your” shall refer to any visitor, user, person, or entity who accesses our Platform or Services, regardless of whether such person registered for an Account (as defined in Section IV below). Unless otherwise agreed by 1SM in a separate written agreement with you or your authorized representative, the Platform and Services are made available solely for your personal, non- commercial use. Any person or entity who accesses, uses, or interacts with the Platform, including through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or used by such person or entity or a third party, is deemed to be using the Platform and bound by these Terms. If at any time you do not accept all of these Terms, you must immediately stop using all or any part of the Platform and Services. Continued use of the Platform and Service is an express manifestation of your assent to these Terms.
All right, title, and interest in the Platform and Services, including all copyrights, trademarks, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, belongs solely and exclusively to 1SM, including without limitation Platform content, practice tests, software code, study aids, visual guides, practice questions, audio and video files, Class recordings, Session recordings, Service recordings, among others (collectively, “Intellectual Property”). Nothing in these Terms constitutes a conveyance of an ownership interest in the Platform, Services, or Intellectual Property, in whole or in part.

In consideration for your agreement to these Terms, 1SM grants you a personal, non-exclusive, non-transferable license (as defined in Section VII below) to access and use the Platform, Services, and Intellectual Property. You may not exploit the Platform, Services, or Intellectual Property commercially by making or distributing derivative works or providing access to our Platform or Services or Intellectual Property to third parties.

You will not post, copy, disclose, publicize, commercialize, recreate, distribute, transmit, repurpose, rebrand, or reproduce in any way or format Intellectual Property or any portion of the Services without the prior written consent of 1SM.

Beyond the licenses defined below, no right, title, or interest in or to the Intellectual Property, the Services, the Platform or its content, features, and functionality is transferred to you. We reserve all rights not expressly granted within these Terms. Any use of the Platform or Services not expressly permitted by these Terms is a breach of the Terms and may constitute violations of copyright, trademark, and other laws.
The Services comprise a Platform that presents you with a variety of packages to help you prepare for medical school, law school, optometry school, dental school, graduate school, and college generally, including without limitation, Medical College Admission Test (“MCAT”), Law School Admission Test (“LSAT”) Dental Admission Test (“DAT”), Optometry Admissions Test (“OAT”), Graduate Record Examinations (“GRE”), American College Test (“ACT”), Scholastic Aptitude Test (“SAT”), and Advanced Placement Exams (“AP Exams”) preparation materials and other Intellectual Property, remote MCAT, LSAT, DAT, OAT, GRE, ACT, SAT, and AP Exams tutoring sessions (each, a “Session”), remote MCAT, LSAT, DAT, OAT, GRE, ACT, SAT, and AP Exams classes (each, a “Class”), and consultation services related to college and graduate school admissions and the college and graduate school application process (collectively, the “Services”).

When you use the Platform to place an order for Services, you acknowledge that you must assume certain obligations. You understand and agree that the Services require your full and active participation. You agree to use best efforts in scheduling, preparing for, attending, and participating in all Services punctually and actively by delivering necessary documents and supporting materials as needed and responding promptly to all 1SM communications, including emails, phone calls, and text messages regarding the Services. You accept and retain sole responsibility for implementing the techniques learned or discussed in the Services and for the results of the Services, including your performance on the MCAT, LSAT, DAT, OAT, GRE, ACT, SAT, or AP Exams and your admission status to colleges and graduate schools.

Payment (as defined below in Section IX) is a condition precedent to the provision of Services. If you terminate the Services with thirty (30) days’ notice, you shall be entitled to a pro rata refund of any prepaid but unused Service fees less a cancellation fee equal to 30% of unused services. In the event of your termination of the Services without thirty (30) days’ notice, you shall forfeit all payments already paid to 1SM unless otherwise agreed upon in writing. If you terminate or cancel Services less than seven (7) days prior to a Session or a Class, 1SM reserves the right to withhold payment for the cancelled Services. 1SM may at any time terminate all or some of the Services, provided that 1SM shall only receive the percentage of payment due for Services furnished. To reschedule a Session, you must provide 1SM forty-eight (48) hours’ notice prior to the scheduled Session. If you reschedule or cancel a Session without forty-eight (48) hours’ notice, 1SM may charge you for any and all rescheduled or cancelled Sessions or any portions thereof. You may, at any time, request additional Services through the Platform.

You also acknowledge and agree that, except as expressly stated in these Terms or a separate agreement in writing between you and 1SM, 1SM does not form any employment or agency relationship with you through the Services or Platform.

Occasionally, the Platform or Services may contain typographical errors, inaccuracies, or omissions, including errors related to pricing, product descriptions, promotional offers, and availability. 1SM reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or refuse or cancel orders without prior notice if any information on the Services or Platform is inaccurate at any time, including after you have submitted your order and your preferred payment method has been charged. You are responsible for paying all Charges as published on the Platform at the time of ordering the Services.

If 1SM offers and you participate in a free trial program (“Free Trial”), you must cancel the subscription by the end of the Free Trial period to avoid incurring any Charges. By not cancelling your subscription prior to the end of the Free Trial period, you authorize 1SM to charge your preferred payment method for the full monthly cost of your selected subscription plan as currently published on the Platform. Thereafter, your subscription will automatically renew on a monthly basis unless and until you cancel the subscription or the Services are terminated by 1SM. Unless otherwise provided in a separate agreement between you and 1SM, you may only enjoy Free Trial access once for a single Free Trial period. As with all Services, 1SM reserves the right to modify, cancel, renew, limit, or expand its Free Trial offerings at any time.

You agree to comply with all applicable laws when accessing or using the Services and Platform, and you will respect others you encounter in your use of the Services, including third-party providers, other users and students, and 1SM employees, contractors, tutors, representatives, and customer support representatives. We reserve the right to decline orders, terminate accounts, deny or terminate access to the Platform, and cancel or terminate Services at any time in our sole discretion.
You may only create and hold one account on the Platform (each, an “Account”) for your personal, non-commercial use. You agree not to provide your account to others for access to our Platform and that your Account is not assignable in any way. As consideration for use of the Platform and Services, you agree that you are able to create a binding legal obligation with 1SM, and you also agree to: (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current, and complete.

You are responsible for maintaining the confidentiality and security of your Account, including your password and, if applicable, any password for Facebook, Google, or other third-party accounts. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. You agree to: (a) immediately notify 1SM of any known or suspected unauthorized use of your password or Account, or any known or suspected breach of security, including, without limitation, loss, theft, unusual activity, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. 1SM will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) or (b) or for any acts or omissions by you or someone else who is using your Account or password.

You acknowledge and agree that 1SM may disclose your information as required by law, third-party request, or in its sole discretion as reasonable and necessary. Please refer to our Privacy Policy for more information on how we handle, process, and protect your personal information.
By creating a 1SM Account, you agree to receive communications from us, our employees, contractors, affiliates, tutors, and third-party providers, including emails, text messages, calls, push notifications to the cellular telephone number or email address affiliated with your Account, and other inter-Platform messaging applications. You understand and agree that you may receive communications generated by automated systems, which may deliver prerecorded messages sent by or on behalf of 1SM, its affiliates, employees, contractors, tutors, or third-party providers. You understand and accept that message and data rates may apply and that 1SM is not responsible for paying any charges you incur in receiving our communications. You request to be excluded from promotional emails, text messages, and other communications at any time by submitting a written request to 1SM. You agree that any communications contemplated under Section V constitute sufficient notice and satisfy any legal requirement that such communications be in writing.
The Platform may allow you to upload or submit content such as text, images, video, links, and other materials (“User Contributions”). You acknowledge that you are solely responsible for the content of all User Contributions and represent and warrant that: (i) you own and control all rights in and to the User Contributions, (ii) you have the right to grant and do so grant a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such User Contributions for the purposes of operating, providing, and improving the Platform or Services to 1SM, our employees, contractors, tutors, affiliates, third-party providers, and each of our and their respective licensees, successors, and assigns, and (iii) all of your User Contributions comply with these Terms (for additional information, refer to Section VII on Licenses).

We may, in our sole discretion, remove or take down any content that you upload or submit to the Platform for any reason, including violation of these Terms or any other laws or policies. The following content standards apply to any and all User Contributions and use of Services. User Contributions must also comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, and in addition to those unlawful and prohibited uses described in Section XII, User Contributions must not:

(a) contain any defamatory, obscene, disruptive, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material;

(b) promote sexually explicit or pornographic materials, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

(c) infringe on a patent, trademark, trade secret, copyright, other intellectual property, or other rights of any person or entity;

(d) violate the legal rights, including, without limitation, rights of publicity and privacy, of others, or contain any material that could result in any civil or criminal liability under applicable laws or regulations;

(e) contain materials that otherwise may conflict with these Terms or our Privacy Policy;

(f) be intended or likely to deceive or defraud any person or entity;

(g) promote an illegal activity or advocate or assist any such activity;

(h) impersonate any other person or entity;

(i) misrepresent your identity or affiliation with any other person or entity;

(j) give the impression that User Contributions originated from, or were endorsed by, 1SM or any other person or entity, if that is not the case;

(k) solicit, disturb, harass, or annoy other users;

(l) contain or convey the likeness of another person without their permission;

(m) promote or commercialize any of your or any third party’s products or services; and

(m) be intended to, designed to, or likely to cause harm to the Platform, Services, 1SM or its affiliates, or other users.
1SM grants you a limited, personal, non-commercial, non-exclusive, non-transferable, revocable license to use the Services and Platform for their intended purposes subject to your compliance with these Terms and other 1SM policies. You may not copy, modify, distribute, sell, or lease any part of the Services or Platform. Without our written permission, you may not reverse engineer or attempt to extract the source code of the Services or Platform. You may only access the Services through the Platform interfaces that 1SM provides for that purpose (e.g., you may not “scrape” or “frame” the Services or Platform through any or automated means), and you may not interfere with or attempt to disrupt the Services.

The Platform and Services are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and other intellectual or proprietary rights and laws of the United States. Except as otherwise indicated on the Platform and except for the intellectual property of other companies that are displayed on the Platform, all intellectual property, such as trademarks, service marks, logos, trade dress, and trade names are proprietary to 1SM. Please also be advised that we enforce our intellectual property rights to the fullest extent of the law. In addition to our remedies available at law and equity, a breach of these Terms shall constitute a permanent forfeiture of all paid Charges to 1SM.

You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services or Platform except as expressly permitted by 1SM; (iii) decompile, reverse engineer or disassemble the Services or Platform except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Platform or unduly burdening or hindering the operation or functionality of any aspect of the Services or Platform; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services, Platform, or its related systems or networks.

Our Services, Platform, Terms, policies, and all rights included therein are and shall remain our property or the property of our licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner our company name, logos, product and service names, trademarks or services marks, or those of our licensors.

By uploading any of your information and User Content to your Account or any profile pages or public areas of the Platform, including any video or audio recordings of yourself or your likeness, you automatically grant, and you represent and warrant that you have the right to grant, to 1SM an irrevocable, perpetual, non-exclusive, fully-paid, worldwide, royalty-free license to use, reproduce, publicly perform, publicly display and distribute such 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 content of your posts and User Contributions.
The Services may be made available or accessed in connection with third-party services and content 1SM does not control. You acknowledge that different terms of service and privacy policies may apply to your use of third-party services and content. 1SM does not endorse third-party services and content and in no event shall 1SM be responsible or liable for any products or services of third-party providers. Additionally, Apple, Inc., Google, Inc., Microsoft Corporation, or BlackBerry Limited will each be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services or Platform using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
You understand that ordering Services through the Platform will result in charges to you as reflected and itemized on the Platform (“Charges”). Please do not order Services through the Platform if you are under eighteen (18) years of age. By placing an order for Services through the Platform, you will be responsible for paying all Charges immediately in the then-current amount published on the Platform or as otherwise established by 1SM. After you have ordered Services, we or our third-party payment-processing partners will facilitate your payment of the applicable Charges. Charges are exclusive of all taxes, and you are responsible for payment of all applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by 1SM or if you elect to cancel or terminate the Services at any time subject to the Terms described in Section III, for which additional cancellation fees may apply.

Unless otherwise agreed upon by you and 1SM in a separate written agreement, all Charges are due immediately at the time of ordering the Services, and Payment of all Charges is a condition precedent to the rending of Services. Payment will be facilitated by 1SM using the preferred payment method designated in your Account, after which 1SM will deliver you a receipt by email. If your primary Account payment method has expired or is invalid or otherwise unable to be charged, you agree that 1SM may use a secondary payment method in your Account, if available.

You agree that 1SM will obtain credit card authorization for your credit card on file with 1SM or its third-party payment processing partners to cover the Charges and any separate itemized 1SM fees. Your card will be charged for the Services purchased by you and any applicable fees and taxes, which will be reflected and itemized accurately at the time of payment.

1SM reserves the right to establish, remove, and revise Charges for any or all services or goods obtained through the Services at any time in our sole discretion. Further, you acknowledge and agree that Charges may increase during periods of high demand. 1SM will use reasonable efforts to inform you of Charges that may apply, and you will remain responsible for Charges incurred under your Account regardless of your awareness of such Charges.

1SM may periodically provide users with promotional offers and discounts that may result in different amounts charged for the same or similar Services. You agree that such promotional offers and discounts, unless also made available to you, have no bearing on your use of the Services or the Charges applied to you. This payment structure is intended to fully compensate us, our tutors and contractors, and other third-party providers for Services. After you have received Services, you will have the opportunity to rate your experience and provide additional feedback.
1SM will host and provide the Platform and Services with a reasonable degree of care; however, neither 1SM nor any person or entity associated with 1SM represents or warrants that the Platform, its contents, or the Services will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that the Platform or the server that makes it available are free of viruses or other harmful components; or that the Platform or Services will otherwise meet your needs or expectations. 1SM makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, availability, or safety of its Services or Platform. You agree that any and all risk arising out of your use of the Platform and Services remains solely with you. Additionally, as described in Section III, you accept and retain sole responsibility for implementing the techniques learned or discussed in the Services and for the results of the Services, including your performance on the MCAT, LSAT, DAT, OAT, GRE, ACT, SAT, or AP Exams and your admission status to colleges and graduate schools. 1SM does not warrant or guarantee you specific results through the use of its Services.

If you are unsatisfied with the Services, you may file a complaint, which will be reviewed by 1SM management. The reviewal process includes assessing all communications between you and 1SM and rewatching recordings of Sessions and Classes in which you participated to determine if you are eligible for a refund or discount, which will only be given for good cause in 1SM’s sole discretion.

You acknowledge that 1SM is in no way affiliated with the Association of American Medical Colleges (“AAMC”), the Law School Admission Council (“LSAC”), the American Dental Association (“ADA”), the Association of Schools and Colleges of Optometry (“ASCO”), the Educational Testing Service (“ETS”), the American College Testing (“ACT”), or the College Board. Our practice tests, review materials, practice questions, Platform content, and Services are either created by us or expressly labeled as the licensed products of third-party providers and are not reviewed or approved by the AAMC, LSAC, ADA, ASCO, ETS, ACT, and the College Board.

You acknowledge and agree that we cannot and do not guarantee or warrant that files available for download form the internet or our Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures, security measures, and means external to the Platform to satisfy your particular requirements for anti-virus protection, accuracy of data input and output, and reconstruction of any lost data.

You agree that we are not liable for any loss or damage caused by a distributed denial-of-service attack, virus, or other technologically harmful material that may infect your computer or cellular telephone equipment, and programs, data, or other proprietary material due to your use of the Platform; any service or items obtained through the Platform; or the downloading of any material posted on the Platform, or any site linked to it.

Your use of the Platform, its contents, and any Services obtained through the Platform is at your own risk. The Platform and its contents and Services are provided on an “as-is” and “as available” basis, without any warranties of any kind, either express or implied. Neither 1SM nor any person or entity associated with 1SM makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Platform or Services.

We hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including, without limitation, any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
In no event will 1SM, its affiliates, licensors, service providers, employees, contractors, tutors, agents, officers, or directors be liable to you for any incidental, punitive, special, exemplary, consequential, or indirect damages arising out of or in any way connected to the Services or Platform, including, without limitation, claims related to service interruptions, the cost of substitute services, physical damages, and emotional distress and discomfort whether caused by tort, breach of contract, or otherwise, even if foreseeable. In no event shall 1SM’s total liability to you for all damages, losses, and causes of action in connection with the Services exceed five hundred U.S. dollars (US $500). The foregoing liability limitations apply unless prohibited by applicable law.
The Platform and Services may only be used for lawful purposes in accordance with these Terms and applicable law. As a condition of your use of the Platform, you warrant to 1SM that you, whether on behalf of yourself or on behalf of any third party, will not use the Services for any purpose that is unlawful or prohibited by these Terms. Prohibited uses of the Platform or any Service or material provided therein include, but are not limited to, the following:

(a) downloading, copying, or transmitting any content for the benefit of any other person or entity;

(b) using or attempting to use any engine, software, tool, agent, data, or other device or mechanism including browsers, spiders, robots, avatars, or intelligent agents to navigate the Platform;

(c) framing, mirroring, or using framing techniques on any part of the Platform;

(d) making any use of data extraction, scraping, mining, or other data gathering tools, or creating a database by systematically downloading or storing Platform content, or otherwise scraping, collecting, storing, or using any content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms;

(e) using any meta tags or any other hidden text incorporating 1SM’s name or trademarks;

(f) misrepresenting the identity of a user, impersonating any person or entity, falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Platform, or expressing or implying that we endorse any statement you make;

(g) using a buying agent to conduct transactions on the Platform;

(h) conducting fraudulent activities on the Platform;

(i) transmitting any advertisement or promotional material without 1SM’s prior written consent, including, without limitation, any “junk mail,” “chain letter,” “spam,” or other solicitations;

(j) violating or attempting to violate the security of the Platform, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not

authorized to access; (ii) trying to change the functionality of the Platform; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with Services to any user, host, or network, including, without limitation, via means of submitting malware to the website, overloading, “flooding,” “spamming,” “crashing,” or attacking the Platform through a denial-of-service attack or distributed denial-of-service attack; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Platform (impersonating the Platform) or to the Platform (impersonating another user);

(k) tampering with the Platform or using or attempting to use any device, software, routine, or data that interferes or attempts to interfere with the functionality of the Platform or any activity being conducted on the Platform;

(l) using the Services or Platform to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;

(m) harvesting or collecting personally identifiable information about other users of the Services;

(n) restricting or inhibiting any other person or entity from using the Services, including, without limitation, physical means or by hacking or defacing any portion of the Platform;

(o) using the Platform to advertise or offer to sell any goods or services;

(p) modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Platform;

(q) removing any copyright, trademark, or other proprietary rights notice from the Platform or materials originating from or contained therein;

(r) using the Platform or Services in any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws concerning the export of data or software to and from the United States or other countries; and

(s) engaging in any conduct that restricts or inhibits any other person or entity’s use or enjoyment of the Services, or that, as determined by us, may harm 1SM, its affiliates, or other users of the Platform.
We may, at any time, revise and update these Terms at our sole discretion. All changes are effective immediately when posted online and shall apply to all access and use of the Platform and Services thereafter. Your continued use of the Services or engagement with the Platform following the posting of revised Terms means that you accept and agree to the changes made with or without

notice thereto. You are expected to check this page periodically so that you are aware of any changes.

We reserve the right, without notice and in our sole discretion, to terminate your Account or your use of the Services and to block or prevent future access to and use of the Platform by you if you violate any of these Terms or for any other reason we deem appropriate. Upon any such termination, your right to use the Services and access the Platform will immediately cease and you agree to the forfeiture of all paid, unfurnished Service Charges.

You agree that we will not be liable to you or any third party for any termination of your access to the Platform. Upon termination, all provisions of these Terms that are by their nature intended to survive termination, including, without limitation, all representations and disclaimers, all limitations of liability, and all indemnities shall survive such termination.
You agree to defend, indemnify, and hold harmless 1SM and its affiliates, officers, directors, employees, contractors, tutors, and agents from any and all claims, demands, losses, liabilities, and expenses, including attorneys’ fees, arising out of or in connection with: (a) your use of the Platform or Services; (b) your breach or violation of any of these Terms; (c) your User Contributions; and (d) your violation of the rights of any third party, including third-party providers and other users.
You agree that any dispute, claim, or controversy arising out of or relating to a purported breach, termination, enforcement, interpretation, or validity these Terms or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and 1SM, except individual actions in small claims court and actions for injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and 1SM are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, absent a special agreement between you and 1SM in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Section XV will be deemed void. Except as provided in the preceding sentence, Section XV will survive any termination of these Terms.

Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related

Disputes (the “AAA Rules”), except where modified by Section XV. The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of Section XV.

To initiate arbitration, a party must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Kansas and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Absent a special agreement otherwise, arbitration will be conducted in Johnson County, Kansas, U.S.A. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and 1SM submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court of proper jurisdiction. Any arbitration award for damages must be consistent with these Terms, including Sections X and XI as to the types and the amounts of damages for which 1SM may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules, unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose as measured by the standards set forth in Federal Rule of Civil Procedure 11(b) in which event you may be required to pay all fees and costs incurred through .
These Terms are governed by and construed in accordance with the laws of the State of Kansas, U.S.A., without giving effect to any conflict of law principles. Any claims arising out of or relating to these Terms or use of the Services or Platform that are not subject to Section XV will be brought exclusively in the federal or state courts of Johnson County, Kansas, U.S.A.
You may not assign any rights, licenses, or obligations conveyed by these Terms without our prior written approval. 1SM may assign its rights, licenses, and obligations under these Terms without limitation. Purported assignments in violation of Section XVII will be void. No partnership, joint venture, employment, contractor, or agency relationship exists between you, 1SM, its employees, contractors, tutors, directors, or third-party providers as a result of this Agreement or use of the Services or Platform.
These Terms, including any amendments, modifications, and ancillary agreements, comprise the entire agreement between you and 1SM regarding the Services and Platform. If any provision of these Terms is held void by a court of competent jurisdiction or in conflict with or preempted by state or federal law, that provision will be restricted to the maximum extent necessary, and all other Terms will remain in full force and effect.
Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforcement with respect to that specific, or any other, provision or the Terms as a whole. You agree that a violation of any of these Terms entitles 1SM to seek remedies at law, equity, and arbitration, and to terminate your account, deny access to the Platform, and cancel or terminate Services without providing a refund for paid, unfurnished Services.
If you have any questions or requests in connection with these Terms, please send an email to admin@1sourcemedicine.com.

Alternatively, inquiries may be addressed to:

1 Source Medicine, LLC

Attention: Legal Team

1123 Hilltop Ln

Joplin, MO 64804

Please note that email communications are not necessarily secure; accordingly, please do not include credit card information and/or other sensitive personal information in your email correspondence with us.
Neither party shall be liable to the other for any failure to perform any obligation under these Terms 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, disease, 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.

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 Services, Platform, Intellectual Property, or these Terms 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 these Terms are used for convenience only and have no legal or contractual effect. Use of the word “including” shall be expanded to mean “including without limitation.”

It is our goal to help you prepare for the MCAT, LSAT, DAT, OAT, GRE, ACT, SAT, and AP Exams and the college and graduate school application process. If a dispute arises between you and 1SM, you agree to first avail yourself of 1SM’s internal claim and dispute reviewal process as described in Section X and restated here for your convenience: If you are unsatisfied with the Services, you may file a complaint, which will be reviewed by 1SM management. The reviewal process includes assessing all communications between you and 1SM and rewatching recordings of Sessions and Classes in which you participated to determine if you are eligible for a refund or discount, which will only be given for good cause in 1SM’s sole discretion. In all cases, we encourage you to exhaust our internal dispute resolution processes before proceeding to arbitration. We wish you the best of luck in preparing for your exams and your future career.