Welcome to the Umatology Web Site.
This Terms of Use Agreement ("Agreement") is a legal agreement between you ("User") and the owner of umatology.com (“Ryan Shulman”). By accessing and using any materials on this Web Site at www.umatology.com ("Web Site") – other than to read this Agreement for the first time – User acknowledges that he or she has read, understood and agrees to comply with all terms and conditions set forth herein.
Ryan Shulman reserves the right to change these terms and conditions periodically at its sole discretion. User’s continued use of this Web Site constitutes acceptance of the terms and conditions stated at the time of use.
Terms of Use
This Web Site is available only to those who agree to the terms and conditions set forth in this Agreement without modification.
Refund/Return Policy
Due to the digital nature of our materials and resources, refunds are not provided after access and use of our products online. Credit is happily given towards another of our products.
Refunds may be possible for some services where access to online materials is not a component. Cancellation of access to services must be prior to the processing of any personal information that the User sends to the Website / Ryan Shulman for perusal. Once Ryan Shulman engages a User’s work payment is deemed processed for work started. If you are experiencing any technical difficulties with the site please make contact via the technical support email address.
Refunds or exchanges will not be provided to the User without provision of detailed exceptional circumstances. The provision of a refund or exchange is solely at the discretion of Ryan Shulman. These will include, but are not limited to: a) proof of transaction b) details authenticating the identity of the person for whom the purchase was made. This person may be contacted to verify this information.
Such situations will usually require any and all documentation requested by Ryan Shulman to be certified by a Justice of the Peace and provided in hard copy.
Privacy
Ryan Shulman may collect information about the Users of this Web Site. Collection of this information is governed by the website Privacy Policy.
Third Party Content
While much of the content on this Web Site is developed, controlled or owned by Ryan Shulman, some of the content may have been developed by third parties and licensed to the Ryan Shulman, or posted by third parties without the control of Ryan Shulman. For any content not controlled, owned or developed by Ryan Shulman, accordingly, any opinions, advice, statements, or other information expressed by any third parties are those of the respective author or publisher, not Ryan Shulman. All content provided on this site is provided "as-is" and Ryan Shulman is not responsible for the accuracy thereof. See the sections entitled User Conduct and Disclaimer of Warranties for further details.
User Conduct
You the User agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission. User is responsible for all use of User’s account (including screen name and password) and e-mail address, if applicable. User shall be solely responsible for maintaining the security of User’s passwords. Users agree that all the information posted or accessed will be used only for User’s personal purposes. User acknowledges and warrants that it will not commercially exploit nor make any unauthorized use of this Web Site or any information or content posted on this Web Site, without the express written permission of Ryan Shulman. This includes, but is not limited to involvement in anyway with persons, groups, businesses or any entity which is deemed to be in direct or indirect competition with Ryan Shulman, during, or for a period of two years after access to materials, resources and services provided by Ryan Shulman. User may not engage in any conduct or action that is prohibited by law or violates any country, federal, state or local laws. User agrees not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
You explicitly agree,
in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal,
threatening, harmful, abusive, harassing, stalking, tortious, defamatory,
libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to
or does interfere or interrupt this web site or any service provided, infected
with a virus or other destructive or deleterious programming routine, give rise
to civil or criminal liability, or which may violate an applicable local,
national or international law;
(b) impersonate or misrepresent your association with, any person or entity; or
forge or otherwise seek to conceal or misrepresent the origin of any Content
provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial
manner or in any manner that would involve junk mail, spam, chain letters,
pyramid schemes, or any other form of unauthorized advertising without our prior
written consent;
(e) provide any Content that may give rise to our civil or criminal liability or
which may constitute or be considered a violation of any local, national or
international law, including but not limited to laws relating to copyright,
trademark, patent, or trade secrets.
Submission of Content
on this Web Site.
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive
right and license (including any moral rights or other necessary rights) to use,
display, reproduce, modify, adapt, publish, distribute, perform, promote,
archive, translate, and to create derivative works and compilations, in whole or
in part. Such license will apply with respect to any form, media, technology
known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights
that may be necessary to grant us with the license set forth in this Section
(Submission of Content);
(c) you acknowledge and agree that we shall have the right (but not obligation),
in our sole discretion, to refuse to publish or to remove or block access to any
Content you provide at any time and for any reason, with or without notice.
The information contained on this Web Site may have been compiled from a variety of sources. Neither Ryan Shulman nor any sources that may provide Ryan Shulman with information for this Web Site are directly or indirectly responsible for practicing medicine, dispensing medical services, or providing treatments as part of this Web Site. This Web Site is provided "AS IS" without warranty, express or implied.
Ryan Shulman makes every endeavour to ensure the accuracy of the materials provided on the Web Site. Neither Ryan Shulman nor any of the sources that provide it with information or content make any warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Web Site or any content provided herein. Ryan Shulman cannot and does not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties, nor that the Web Site will be error-free or uninterrupted.
By accepting these terms and conditions the User agrees that the administrators, instructors and owner of the Umatology.com website have access to the personal information contained in the User's personal account, including registration and internal mail systems. Access and modification of this Content is governed by our Privacy Policy.
Limitation Of Access
Unless otherwise stated, purchase of products or services from this website, provides limited access to materials on this website for a period up to five months after the test in the year for which the content on this site is was purchased to prepare. For example a student making a purchase in 2005 to prepare for UMAT 2005 is entitled to access test materials for a period up to the test date (usually July each year) and interview materials for a further five months after the test date. After this period access is ceased to all materials on the site.
Online tests are released according to a timetable to ensure evenly spaced access to preparation. Online tests cease to be accessible after the UMAT test for the year in which the purchase was made.
Payment is for access only and is does not grant ownership or any rights other than access to the materials provided on this site.
Participation in the Promotions of Advertisers
User’s correspondence with or participation with other persons found on or via this Web Site, including the delivery and payment for goods and services, and any other terms, conditions, warranties or representation associated with such correspondence, are solely between the User and said persons. User agrees not to hold Ryan Shulman liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such people on this Web Site.
Links to Third Party Sites
Ryan Shulman may provide Users with links to other web sites. User agrees that these third party sites are not under the control of Ryan Shulman and User acknowledges that Ryan Shulman is not responsible or liable for any content, information collection and use practices, advertising, products or other materials available from such third party sites. User also agrees that Ryan Shulman shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s web site. Mention of third party companies and other web sites on www.umatology.com is for informational purposes only and does not constitute an endorsement or recommendation. When User accesses a third party web site, User does so at his or her own risk and acknowledges that the Ryan Shulman is not responsible or liable for any content, advertising, products or other materials available from such third party sites, or the availability of the third party site.
Applicable Laws
The Agreement and the relationship between User and Ryan Shulman shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and its respective states without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this Agreement shall be resolved in an appropriate Commonwealth or State court. User agrees to submit to the personal and exclusive jurisdiction of the courts located in the Commonwealth of Australia. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.
Limitation of Liability
User expressly understands and agrees that Ryan Shulman shall not be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exempt, or otherwise) resulting from any use of, or inability to use, this Web Site, or resulting from any errors or omissions in the Content of this Web Site, regardless of the basis upon which liability is claimed, even if advised by Ryan Shulman of the possibility of such loss or damage. This limitation is subject to the provisions of any applicable law that may restrict its scope.
Disclaimer of Warranty
Ryan Shulman makes no warranty that this Web Site will meet User’s requirements, or that it will be uninterrupted, timely, secure, or error-free; nor does Ryan Shulman make any warranty as to the results that may be obtained from the use of the Web Site or as to the accuracy or reliability of any information obtained through the Web Site.
USER UNDERSTANDS
THAT
THE MATERIALS
Proprietary Rights to Content
All materials contained on this Web Site are copyrighted except where explicitly noted otherwise. © Ryan Shulman, 1999-2005. All content is owned or licensed to Ryan Shulman. All rights reserved.
User acknowledges and agrees that content, including but not limited to text, software, sound, photographs, video, design, graphics, or other material contained in this Web Site ("Content") may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws as well as software components and add-in software sued to protect content from theft. User understands and agrees that User may not copy, reproduce, republish, distribute, modify or create derivative works from this Content other than as is explicitly permitted on this Web Site, or otherwise use, transmit, upload, rebroadcast or publish in any form this Content other than as expressly authorized by this Agreement or this Web Site without the Ryan Shulman’s prior, written consent.
By uploading, posting or otherwise making material available in any public area of this Web Site, User automatically grants, or warrants that the owner of such material has granted, a perpetual, world-wide, royalty free, non-exclusive right and license to use, reproduce, modify, publish and distribute the material, in whole or in part, in any media or technology now known or hereafter developed.
Trademark Notice
All registered and/or unregistered trademarks and/or service marks ("Marks") used or referred to in this Web Site are the property of the Ryan Shulman and/or its respective owners, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without the Ryan Shulman’s prior written permission. The use of the Ryan Shulman’s Marks on any other web site is prohibited, without express the written permission of Ryan Shulman.
Headings
The headings contained herein have been inserted as a matter of convenience for reference only and shall not control or affect the meaning or construction of any of the terms or provisions herein.
Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.