Terms & Conditions
Terms & Conditions COMQUEST Osteopathic Specialists, LLC (dba ExamGuru)
The following are terms and conditions (the “Terms”) applicable to all clients, persons or entities (individually a “User” and collectively the “Users”) subscribing to, accessing and/or using the website www.comquestmed.com (the "Site") owned and/or controlled by COMQUEST Osteopathic Specialists, LLC. By accessing the Site, User acknowledges that User has read, understood, and agrees to comply with all applicable terms and conditions for the Site. If a User does not agree to these Terms, the User MAY NOT use this Site.
UPDATING TERMS: COMQUEST reserves the right, at any time and in its sole discretion, to modify, revise or update the Site or these Terms, and User agrees to be bound by such modifications, revisions or updates. User should periodically re-check these Terms to be acquainted with any such modifications, revisions and updates. . User's continued use of this Site constitutes an acceptance of any modifications, revisions or updates to the Terms, all of which shall become effective.
CANCELLATION: In the event that User breaches any terms and conditions set forth in this Agreement, COMQUEST may cancel User's access to the Site and COMQUEST's services without notice or refund. COMQUEST reserves the right to seek all legal remedies available in event of such breaches to the terms and conditions set forth in this agreement. COMQUEST reserves the right to cancel Users’ subscriptions and bar Users from further use of the Site at any time without cause. If COMQUEST terminates a User’s subscription without cause, COMQUEST will refund the sum the User paid based on the percentage of the time of the User’s subscription that has elapsed.
GENERAL DISCLAIMER: COMQUEST is in no way affiliated with the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA™), Comprehensive Osteopathic Medical Achievement Test (COMAT ®), National Board of Osteopathic Medical Examiners, (NBOME ®), The American Osteopathic Association (AOA ®), The United States Medical Licensing Examination (USMLE™) the Federation of State Medical Boards (FSMB ®), or the National Board of Medical Examiners (NBME®). All of the material and content contained within COMQUEST's Site are in no way representative of opinions taken by these parties or their affiliates. Users should not rely solely on information found on the Site in order to prepare for their examinations. The content that User will encounter on the exams may vary greatly from the content by COMQUEST. The practice exam percentages Users receive on the COMQUEST questions are in no way representative of the percentage Users may receive on the actual exam. It is the User's responsibility to validate information pertaining to medical information; COMQUEST recommends that User visit NBOME (www.nbome.org) and NBME (www.nbme.org) for exact examination design, test specifications, testing format, practice resources, and other crucial details for their exam. COMQUEST materials should be utilized as a self-evaluation tool and in no way should be used as a resource for individual patient care decisions.
LIMITATION OF LIABILITY: Users Assume Full Responsibility and Risk of Loss Resulting From Users’ Use of This Site and Any Information on This Site. Under no Circumstances shall we Or Any of COMQUEST’s Employees or Representatives be Liable for Any Indirect, Punitive, Special or Consequential Damages Even if We or Any of COMQUEST’s Employees or Representatives Have Been Advised of the Possibility of Such Damages. COMQUEST’s Total Liability in Any Event is Limited to the Amount, if any, Actually Paid for Use of the Site and Users Hereby Release COMQUEST and COMQUEST’s Employees and Representatives From Any and All Obligations, Liabilities and Claims in Excess of This Limitation.
PROHIBITIONS AND USE OF SITE: Users may use the Site to obtain information on COMQUEST and its services and products, and as a means of accessing such services as a paying customer. COMQUEST grants Users the option of accessing services from multiple IP addresses. However, COMQUEST software recognizes when more than one sign-in occurs. Simultaneous use of the Site is prohibited and should such use occur the original test session will be terminated and COMQUEST will be alerted to such activity resulting in an investigation of the event and possible termination of account without refund or notice. User acknowledges and agrees that all content on the Site is owned by COMQUEST and is protected by copyright laws, and, except as may be expressly permitted herein, User MAY NOT without the prior written consent of COMQUEST, reproduce, transmit, disseminate, sell, broadcast, circulate, republish, duplicate, modify, upload, post, re-deliver using "framing" technology, email, download or copy any information on this Site nor may User utilize data gathering and extraction tools with respect to this Site or otherwise distribute or commercially exploit in any way the Site or any portion of the content of the Site. No part of the COMQUEST's materials may be reproduced on any bulletin boards, websites, online chatrooms or any other means of communication. Sharing of passwords and accounts is strictly prohibited. COMQUEST's materials are designed to be accessed online only and all printing of materials are strictly prohibited. Further, User MAY NOT use any meta tags or any other "hidden text" utilizing COMQUEST's name or trademarks without the prior written consent of COMQUEST. Failure to comply with these prohibitions will result in automatic termination of account services without notice or refund and COMQUEST reserves the right to seek all legal remedies available in law and equity for such breaches.
PROPRIETARY RIGHTS: Unless otherwise indicated, all content on this Site, including but not limited to practice questions, explanations, designs, text, graphics, logos, button icons, images, data compilations, software, and the overall "look and feel" of the Site; any improvements or modifications to such content; and any derivative works based on the foregoing are proprietary to COMQUEST, and are protected by applicable intellectual property laws. The collection, arrangement and assembly of the content on the Site are the exclusive property of COMQUEST and are likewise protected by applicable intellectual property laws. The User will not be granted ownership of any of COMQUEST's material or services but will be allowed exclusive access to material purchased in the initial subscription agreement.
SHARING PASSWORDS / RESTRICTION AGAINST TRANSFER: The User is prohibited from selling, renting, leasing, sublicensing, assigning, or any form of third-party-viewing of COMQUEST materials. COMQUEST monitors User accounts and if COMQUEST is alerted of multiple sign-ins from different terminals the original sign-on location will be terminated with the possible loss of any practice exam taken at time of simultaneous use. In the event that COMQUEST is alerted that account is being utilized by multiple users COMQUEST reserves the right to terminate account without any notice or refund. Failure to comply with these terms and regulations will result in legal action based on breach of contract including but not limited to monetary damages for loss of income caused by sharing of User's account information.
USER ACCOUNT: The User must complete the full COMQUEST registration process to initiate account membership and to utilize COMQUEST services. The Site is designed to recognize the User by name and functions to save and analyze User performance through the User's details. If User purchases any of COMQUEST's test preparation services User will have an account and a password. Access to password protected portions of this Site is available for only so long as User has paid all required fees to COMQUEST. User is responsible for maintaining the confidentiality of their account and password and for restricting access to COMQUEST's materials to anyone other than themselves. User agrees to accept responsibility for all activities that occur under User's account or password. COMQUEST reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.
ACCOUNT CONFIDENTIALITY: COMQUEST will not at any time or in any manner, either directly or indirectly, use for the personal benefit of COMQUEST, or divulge, disclose, or communicate in any manner any information that is proprietary to a User, unless authorized by the User or otherwise directed by law. All User personal information will be protected and treated as strictly confidential. This provision shall continue to be effective after the termination of any agreement. COMQUEST will allow Users to comment on questions and explanations, which will be used by COMQUEST to revise such questions or explanations. User's information will remain confidential and such comments will not be compensated or given credit of any kind to User. COMQUEST may contact User after completion of exam and expiration of account to provide testimonial of COMQUEST services, inquire into exam results and any suggestions of additional services/products to Site. This information will be optional for User and User will not be compensated for such information. Exam results will be used to help COMQUEST assess pass rates and correlate User percentages to actual exam percentages. Pass rates and correlations may be used for advertising purposes or guidance for future Users of the Site. Identifying information will never be used, without consent of the User. If a third party, including but not limited to a User’s school or training hospital has purchased an account for User, the third party and its employees and affiliates are entitled to review the User’s account and will have access to confidential information, including but not limited to User statistics, questions taken, percentages, notes, marked questions, and other aspects of a User’s account.
COUPON/PROMOTIONAL CODES: COMQUEST may provide certain coupon codes for customers who are members of specific organizations or certain institutions. Coupon codes MAY NOT be combined and only one code may be used per purchase.
SITE ACCESS: Accessing the Site and paying for COMQUEST services is strictly reserved for medical students and graduates of medical school who are preparing for examinations. COMQUEST reserves the right to terminate the membership of clients who are suspected of utilizing the Site for reasons other than preparing for an examination without any notice or refund.
SYSTEM REQUIREMENTS/ TECHNICAL ACCESS: COMQUEST recommends using the latest version of Google Chrome or Internet Explorer browsers. Due to the varieties of hardware/operating system/software combinations, there is a possibility the exam website MAY NOT run normally on all types of system environments. COMQUEST will make every effort to provide service but does not guarantee the outcome.
COMQUEST intends the Site to be available 24-hours per day, 7 days per week. However, COMQUEST will not be liable for damages or refunds should the Site become unavailable temporarily or access to the Site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may, from time to time, make the Site inaccessible for Users.
REFUNDS: No refunds, cancellations or changes to subscriptions will be allowed for any reason.
GUARANTEED PASS: COMQUEST offers a “guaranteed pass” option. Subject to the terms described herein, if a User fails the exam that they are subscribed to, the User may be eligible to receive the same amount of time as original subscription added at no extra charge. To be eligible, User must have completed 100% of COMQUEST's questions in the respective exam’s database. COMQUEST must be notified within ninety (90) days of actual exam date. COMQUEST will require a photocopy of the official board examiners’ score report substantiating User was unsuccessful in the exam. COMQUEST must verify exam score and that 100% of COMQUEST’s questions were completed before issuing an extension. This extension may only be used one time per paid subscription.
REFER-A-FRIEND PROGRAM: COMQUEST’s Refer a Friend program ("program") is available to all COMQUEST Users (“Referring Users”) with an active subscription and to all individuals (“Referred Users”) who use the refer-a-friend link (“Referral Link”) of the program sent by a referring user provided they meet the eligibility requirements. To be eligible for the program, Referring Users must have an active subscription to at least one subscription on the Site. Referred Users may use the Referral Link, even after Referring User’s subscription has expired, and Referring User will still earn credit.
COMQUEST reserves the right to close accounts of Referring or Referred Users if the User has acquired credit by fraud or has used or attempted to use the acquired credit in a way that violates these Terms or applicable laws. COMQUEST reserves the right to terminate the program or change the terms at its own discretion at any time.
Credits are awarded for each successful referral and converted into credits following these conversion rates:
1 referral = $10 (ten dollars USD) for Referring User and $10 (ten dollars USD) for Referred User
Credit can be used as payment or partial payment towards new purchases on COMQUEST products available on the Site. Credit is non-transferrable, cannot be redeemed for cash or to obtain a refund and has no monetary value. Credit accrued in a Referring User’s account for any given day will be valid for 12 months. If unredeemed after 12 consecutive months, it will expire and be deleted from the Referring User’s account.
A Referring User MAY NOT use mass messaging, messaging to strangers or any form of action which violates the law or serves commercial purposes (e.g., "spam") in connection with the program. Mass messaging shall include, but not be limited to: (i) any website with a URL that contains any or all of the following terms, or derivatives of the following terms: “code”, “discount code”, “voucher code”, “promotional code”, “voucher” or “coupon”; (ii) any website which appears in search engine listings under any of the terms or derivatives of the following terms: “code”, “discount code”, “voucher code”, “promotional code”, “voucher” or “coupon”; or (iii) any website whose primary or main focus is to promote the use of voucher codes and/or referral links. A Referring User found to have used the above described methods will have their accounts immediately cancelled and the Referral Link will be deactivated.
OFFICIAL DMCA COPYRIGHT INFRINGEMENT NOTIFICATION: COMQUEST follows the safe harbor provisions of 17 U.S.C. §512, otherwise known as Digital Millennium Copyright Act (“DMCA”). To file a copyright infringement notification with COMQUEST, Users will need to send a written communication that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to COMQUEST’s designated agent as follows:
16656 Ventura Blvd. #203
Encino, CA 91436
support (at) comquestmed.com
DISCLAIMER OF WARRANTIES: THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR DESCRIBED ON THIS SITE ARE PROVIDED BY COMQUEST "AS IS." COMQUEST MAKES NO, AND HEREBY DISCLAIMS, ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SITE, INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS REFERENCED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, ALTHOUGH COMQUEST BELIEVES ALL INFORMATION ACCESSIBLE ON OR VIA THE SITE TO BE ACCURATE AS OF THE TIME OF ITS PUBLICATION, COMQUEST CANNOT, AND DOES NOT, REPRESENT, GUARANTEE OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT, AND COMQUEST IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR RESULTS OBTAINED FROM USING SUCH INFORMATION.
LIMITATION OF LIABILITY: COMQUEST WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF COMQUEST HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE, THE SYSTEM OR ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON OR VIA THIS SITE. UNDER NO CIRCUMSTANCE WILL COMQUEST BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE.
CHOICE OF LAW: The material provided on this Site is protected by law. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of California, County of Los Angeles. User agrees that any action arising out of the Terms shall be brought in state or federal court in Los Angeles, California, and User consents to the jurisdiction of such courts. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.
GENERAL: These Terms of Service constitute the entire agreement between the Users and COMQUEST with respect to this Site. Failure by COMQUEST to enforce any provision of these Terms shall not be construed as a waiver of any provision or right. In the event that any portion of these Terms are held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provision shall remain in full force and effect.