Terms and Conditions

Revised October 19, 2023 (previously November 9, 2022, July 11, 2022, October 30, 2019, June 25, 2019, and August 7, 2017)

These terms and conditions act as a contractual agreement (“Agreement”) between you and Yousmle, LLC (“Yousmle”, “us”, “we”, “our”), and applies to your use of www.yousmle.com (“Site”), tutoring services provided through the Site, as well as the purchase and use of products available through the Site (collectively the “Products”). If you do not agree to be bound by the terms of this Agreement as detailed herein, please do not use or access the website. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.

By agreeing to these Terms & Conditions, you expressly agree to mandatory arbitration to resolve any legal claims against us and waive your right to pursue a jury trial or participate in a class action lawsuit filed against us. Learn more below in Section 19.

1. GROUP TUTORING SERVICES. We offer, and you may purchase, group tutoring services (may be referred to as “Group Tutoring” “Online Course” “Never Forget” “Expert on Call” or “Course”) from us as detailed on the Group Tutoring page of the Site, which is incorporated into this Agreement by reference.

• A) Canceling. You understand that Group Tutoring is billed on an automatic, recurring basis until you cancel the service. 28-day memberships shall be renewed each subsequent 28-day period until canceling the service. One-, three, and six-month packages shall be renewed at the end of each one-, three-, and six-month period for an additional period of identical length unless canceled prior to renewal. To cancel, please log into your account and follow the steps to cancel your plan. Alternatively, please contact us at least 7-10 business days prior to renewal at support@yousmle.com if you want help with changing your plan before the plan is re-billed.
• B) Refunds. We do not allow for returns or refunds of Group Tutoring Services, payments, or deposits.
• C) No Guarantees. You understand and agree that we are providing no guarantee or warranty that Group Tutoring Services will provide a particular result including, but not limited to, the passage of all or part of the USMLE or improving your score for the exams. While our Group Tutoring Services is designed to improve your performance, your scores and passage of the exams are dependent upon a number of factors outside of our control, including but not limited to, your understanding of the subject matter and test-taking ability. Testimonials on Yousmle.com are not a guarantee you will achieve similar results.

2. INDIVIDUAL TUTORING SERVICES. You have the option, but not obligation, to purchase individual tutoring services (“Individual Tutoring”) from us through the Group Tutoring page on the Site on the following terms:

• A) Services. Should you select a package including Individual Tutoring, we will provide you with the following tutoring services: a single two hour session of one-on-one tutoring with Alec Palmerton which may include topics you are having difficulty with supplemented with tutoring analyzing multiple-choice questions for the USMLE. Following this tutoring session, you may request additional Individual Tutoring and we have the right, but not obligation, to agree to provide additional sessions. The parties agree the initial tutoring session and any subsequent sessions shall be governed by the terms and conditions of this Agreement.

• B) Fees. The fee for Individual Tutoring is detailed on the Group Tutoring Page on the Site, which is incorporated herein. Should you wish to pursue additional Individual Tutoring sessions, the fees for such sessions may be found on the Tutoring Fees page of the Site and are incorporated into this Agreement by reference. We reserve the right to charge escalating late fees for invoices that are not paid by the date allotted. If your account becomes grossly overdue, you may be charged further collection fees we incur in administering your account.

• C) Canceling. You may cancel Individual Tutoring sessions by giving seventy-two (72) hours notice of said cancellation prior to the next scheduled Individual Tutoring session. The cancellation may be for one session or all future sessions. Notice may be provided by sending a message of cancellation to the email accounts used by either party to schedule Individual Tutoring sessions. Notice shall be considered given when sent. Failure to provide seventy-two (72) hours notice for cancellation/changes to sessions will result in a penalty of the hours allocated for that session, to wit, you will lose such time and will not be allowed to reschedule the hours. In turn, we agree to make all reasonable efforts to keep to the agreed upon times for Individual Tutoring sessions with you. However, you agree that we may reschedule tutoring sessions as needed without penalty given, but not limited to, the fact your tutor may be on call or have other obligations that arise on short notice. If we are required to reschedule at the last moment, we will provide you with notice and reschedule the Individual Tutoring session at a time convenient to both parties.

• D) Refunds. We do not allow for returns or refunds of Individual Tutoring Services (inclusive of Expert on Call or other services), payments, or deposits.

• E) No Guarantees. You understand and agree that we are providing no guarantee or warranty that Individual Tutoring will provide a particular result including, but not limited to, the passage of all or part of the USMLE or improving your score for the exams. While our Individual Tutoring is designed to improve your performance, your scores and passage of the exams are dependent upon a number of factors outside of our control, including but not limited to, your understanding of the subject matter and test-taking ability. Testimonials on Yousmle.com are not a guarantee you will achieve similar results.

3. NO TREATMENT ADVICE FOR PATIENTS. The information found on this Site, in tutoring sessions, and in the Products is provided for education purposes in assisting users to pass a medical licensing exam. The information is not intended for use in the treatment of a specific patient or patients and is in no way a substitute for individual patient assessment or treatment based upon a healthcare provider’s examination of each patient and consideration of laboratory data and other factors unique to the patient.

4. UNITED STATES APPLICATION. The Site contains information, tutoring services, and products intended for use by individuals studying for the relevant exam to practice medicine in the United States. We make no representation or warranty that any of the information you are given access to is appropriate for use in other jurisdictions.

5. PRIVACY POLICY. We respect your privacy. A complete statement of our current privacy policy can be found by clicking here. The privacy policy is expressly incorporated into this Agreement by reference.

6. LICENSE. We grant you a non-exclusive, non-sub licensable, non-transferable license and right to use and access the Site and Products you purchase. You understand and agree you have no right to modify, edit, create derivative works from, distribute, sell, rent, share, or republish any information or Products provided on the Site without our express consent. You further understand no ownership right in the Products or any content on this Site is being granted to you.

7. ANKI REQUIREMENT FOR PRODUCTS. Products offered for sale in the form of digital card decks through the Site must be run on the Anki application platform. All Yousmle deck Products run on a free version of the Anki app, and a download link will be provided to you for the app with each deck product purchase. You are not required to purchase any upgrades from Anki. We have no input to the Anki application, so please refer any technical issues to Anki should you have any functionality problems arise with the Products.

8. OUTCOMES. You understand and agree that the information, content, tutoring services, and Products provided by us are not guaranteed to provide a successful outcome when you take the USMLE.

9. NO AFFILIATION OR ENDORSEMENT. Yousmle is in no way affiliated with or endorsed by the National Board of Medical Examiners, which is the trademark holder of the phrase “USMLE.” The use of various trademarks on this Site, including USMLE, is undertaken pursuant to the Fair Use Doctrine.

10. RETURNS AND REFUNDS – NON-TUTORING SERVICES. We do not allow for returns or refunds of Products since all Products are digital and thus cannot be returned.

11. TRANSFER OF YOUR PERSONAL INFORMATION: Should we decide to sell all or part of our business or this Site at some point in the future, your personal information as defined in our Privacy Policy will be included as an asset in the transfer to the new owner.

12. PROHIBITIONS. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or Products. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

13. VIOLATIONS. If you materially breach any term of this Agreement, we may, in our sole discretion, terminate your access to the Site, tutoring sessions, and Products without a refund. We reserve the right to seek all remedies available by law and in equity for such breaches.

14. NO WARRANTIES. YOUSMLE HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. YOUSMLE DOES NOT WARRANT THAT THE SITE, CONTENT OR PRODUCTS OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE.

15. LIMITED LIABILITY. YOUSMLE DISCLAIMS ANY AND ALL LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THIS AGREEMENT, TUTORING SERVICES, OR PRODUCTS ON THE SITE INCLUDING, BUT NOT LIMITED TO, LIABILITY ASSOCIATED WITH YOUR INABILITY TO PASS EXAMS, MEDICAL MALPRACTICE CLAIMS, LOST EARNINGS OR EMOTIONAL DISTRESS. THIS LIMITATION SHALL NOT APPLY TO INTENTIONAL OR GROSS NEGLIGENCE ON OUR PART. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE, TUTORING SERVICES, OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THREE TIMES THE FEE YOU PAY FOR THE TUTORING SERVICE OR PRODUCT UPON WHICH YOUR CLAIM IS BASED. SHOULD THE CLAIM INVOLVE MULTIPLE PURCHASES, LIABILITY SHALL NOT EXCEED THREE TIMES THE MOST EXPENSIVE PURCHASE MADE BY YOU PRIOR TO THE CLAIM. SHOULD THE CLAIM ARISE FROM INFORMATION ON THE SITE AND NOT A TUTORING SERVICE OR PRODUCT, THE MAXIMUM LIABILITY ARISING OUT OR OR IN CONNECTION WITH YOUR USE OF THE SITE SHALL BE $1,000.

16. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

17. SITE TERMINATION. We reserve the right to no longer make available all or part of the Site, tutoring services, or Products at any time in our sole discretion.

18. USER-GENERATED CONTENT. We allow you to post to certain areas of the Site such as in comments to posts or in Discord via public / private messaging. We are under no obligation to review any messages, information, or content (“User-Generated Content”) posted on the Site by users and assume no responsibility or liability relating to any such postings. Notwithstanding the above, users are forbidden from posting the following:

Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including, but not limited to any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

Advertisements or solicitations of any kind.

Messages posted by users impersonating others.

Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.

Messages by non-spokesperson individuals purporting to speak on behalf of us.

Messages that offer unauthorized download of any copyrighted or private information.

Multiple messages placed within individual folders by the same user restating the same point.

Chain letters of any kind.

19. ARBITRATION AGREEMENT. By agreeing to these Terms and Conditions, you agree to resolve any claim that you may have against Yousmle on an individual basis in arbitration, as outlined in this Arbitration Agreement section. This will preclude you from bringing any class, collective, or representative action against Yousmle, and also prevent you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Yousmle by someone else.

• A) Agreement to Binding Arbitration Between You and Yousmle. You and Yousmle agree that any dispute, claim or controversy arising out of or relating to (i) these terms and conditions or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) your access to or use of the Site, tutoring services, or Products at any time will be settled by binding arbitration between you and Yousmle, and not in a court of law.

•    You acknowledge and agree that you and Yousmle are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Yousmle otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Yousmle each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

• B) Right To Opt-Out. We are providing you with the right to opt-out of this Arbitration Agreement by notifying us in writing within 30 days of purchasing tutoring services or a Product. To opt-out, just contact us at alec@yousmle.com using the phrase “opt-out of arbitration agreement” in the subject matter of the message, and your name and username in the body of the message.

• C) Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

• The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitration issues, including issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration.

• Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant to it. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Washington and the parties expressly agree the venue of any action shall be in civil court in King County, Washington or the United States District Court, Western District of Washington located in Seattle, Washington, as appropriate for the particular claims asserted.

• D) Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). We hereby consent to receive such notifications at alec@yousmle.com. The Arbitrator will be either (1) a retired judge or (2) an attorney specially licensed to practice law in the State of Washington 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.

• E) Location and Procedure. Unless you and Yousmle otherwise agree, the arbitration will be conducted in Kirkland, Washington. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Yousmle submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim does not exceed $20,000, then the arbitration will be conducted on the basis of documents you and Yousmle submit to the Arbitrator and each parties presence by phone or in person, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $20,000, 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.

• F) The Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only for the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The parties shall bear their own attorneys fees associated with the arbitration proceeding.

• G) Fees. Your responsibility to pay any AAA filing, administrative, witness, and arbitrator fees will be solely as outlined in the AAA Rules.

• H) Changes. If Yousmle changes this Arbitration Agreement after the date you first agreed to this Agreement (or to any subsequent changes), you may reject any such change by providing Yousmle written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided in an email message sent to alec@yousmle.com. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you agree that you will arbitrate any dispute between you and Yousmle in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to this Agreement (or to any subsequent changes to the Terms).

• I) Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these terms and conditions; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must, therefore, proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

• J) Should a court of competent jurisdiction or arbitrator rule this arbitration clause invalid, the parties agree this Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Washington, without reference to rules regarding conflicts of law. The parties further agree the choice of forum and venue for litigating any disputes shall be either the civil courts located in King County, Washington or the United States District Court, Western District of Washington located in Seattle, Washington, as appropriate for the claims asserted.

20. COMMUNICATION. When you contact us, sign up for our newsletter, or purchase tutoring services or a Product on the Site, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute proper written communication in compliance with any and all legal notice requirements.

21. USER CONTENT. By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or any of its affiliates, officers, directors, employees, consultants, agents, and/or representatives, you grant Yousmle, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use User Content in connection with the Internet business of Yousmle, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

22. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

23. AFFILIATED SITES. Yousmle has no control over and assumes no liability for any third party websites or materials. Yousmle works with a number of partners and affiliates whose Internet sites may be linked within the Site. Because Yousmle has no control over the content and performance of these partner and affiliate sites, Yousmle makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Yousmle assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) owned by third parties. You acknowledge and agree that Yousmle makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

24. PROHIBITED USES. Yousmle imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site , overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Yousmle; or (f) automatically or manually scraping or copying the content from the Site or a Product without our consent. Any violation may subject you to civil and/or criminal liability.

25. INDEMNITY. You agree to indemnify, defend, and hold harmless Yousmle, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, tutoring services, or a Product, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Yousmle will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

26. COPYRIGHT. All contents, excluding user generated content, copyright 2019 Yousmle, LLC. All rights reserved.

27. SEVERABILITY; WAIVER. If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable or null, all other terms will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

28. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos of Yousmle or by any third party.

29. MODIFICATIONS. Yousmle may, in its sole discretion, modify or amend this Agreement at any time. Yousmle shall post notice of any such changes on the Site in an area available to you before logging into the member area and shall email you notice of such changes. Your decision to continue to use the Site upon such notice shall constitute your acceptance of any amendments to this document. You may choose to reject the amendments by terminating your use of the Site.

Please contact us if you have any questions regarding this agreement.