Terms, Conditions and Privacy Policy

Your purchase or use of services ("Programs") offered by Jack Westin, use of www.JackWestin.com (the “Site”) are subject to these terms, conditions, and privacy policy. Please read these terms carefully.

Services Offered

MCAT* is a registered trademark of the Association of American Medical Colleges. *Test names and other trademarks are the property of the respective trademark holders. None of the trademark holders are affiliated with JackWestin.com, Jack Westin (from now on known as the "Merchant"). Students and or anyone doing business with or using Merchant services will from now on be known as the "Client". JackWestin.com is a website that helps students prepare for the MCAT exam. Merchant will provide services that will help Client gain mastery of the skills and strategy required to efficiently take the 2015 (or after) MCAT. Merchant has the right to refuse service to anyone, including Client at any time (either before, during, or after services are rendered) and for any reason. No guarantees are made on the contents of this website. All information and writing is subject to change at any time. Course names, prices, service providers (course instructors, tutors, admissions counselors, etc.), and FAQ page information are subject to change at any time and for any reason.

Program and Service Fees

The Client acknowledges and agrees to make full payment for Programs and Services, corresponding to the amount(s) specified in the client's shopping cart. Full payment is required prior to the commencement of the Program. In the event that the Client opts for an installment plan for eligible Programs, the Client is contractually obliged to complete the full payment regardless of usage, and this must be done prior to the Program's expiration. Please note, the commitment to an installment plan is a commitment to pay the full amount, irrespective of the extent to which the Program or Services are utilized.

In the event of a failure to fulfill the agreed-upon payment obligations, the client's account will be deemed delinquent. If the client's account remains in a delinquent status, we will exercise all rights and remedies available to us to collect the outstanding amount. This includes, but is not limited to, seeking payment through legal means, engaging a collection agency, and reporting the delinquency to credit bureaus. It is important to note that any costs incurred as a result of these collection efforts, including legal fees and other expenses, may be added to the client's outstanding balance. The client's commitment to making payment is a serious obligation, and we strongly encourage timely and full payments to avoid these additional measures and potential extra costs.

Method of Communication

Merchant communication method is primarily through email (support@jackwestin.com) and can be subject to change if necessary. Merchant prefers to communicate with Client through user email address used upon making an account.  

Guarantee and Mastery

The meaning of "mastery" on this site means the Client enrolled in a course will fully understand how to read and answer questions for the MCAT, will have gained the skills the Client needs to do well on the MCAT, and to understand the pattern of the MCAT. However, this does not mean Client will perform well. There are many factors that contribute to a good score (independent study time, the correct way to study, sleep, exercise, controlling personal stresses, test day anxiety, and other personal matters) that the Merchant can never fully control. Merchant does not guarantee score improvement of any kind or guarantee of acceptance to any medical school.

Any mention of Guarantee as related to admissions or tutoring services refers to specific terms that are addressed at the purchase of specific packages. Certain packages that offer guarantees allow a Client to work with Merchant further. It does not refer to a refund of any kind.  

Copyright, Non-Duplication and Competitor

The contents of the courses are copyrighted. By contacting Merchant or doing business with Merchant, Client agrees to use discretion when discussing the nature of the strategies, method, or way of simplifying the MCAT CARS section and other sections of the MCAT learned through Merchant. This includes in-person discussions, online, or any other means of communication. Client agrees to never record in any way, shape or form (either through computer software, voice recorder, phone or any other means) any conversations, learning/ educational sessions provided by Merchant. This includes initial meeting, Free Trial Session, or any courses the Client enrolls in. Client or persons associated with Client who does not follow this privacy policy can and will be subject to legal repercussions through either an international, federal, or state and local level based on Client's location of residence. Client will be pursued to the fullest extent given by the law in accordance with the United States government. Failure to abide to the law is punishable by a judgment fine of up to $250,000 and or a prison sentencing of up to five years. The judgment could be larger depending on the nature of the offense. The Merchant has the right to record all IP addresses of the Client through the website in order to assist in any potential legal proceeding. If Merchant believes Client is commiting any illegal activity against Merchant at any point before, during, or after services or program are rendered, Merchant has the (1) right for immediate removal from the online classroom and termination of enrollment in the Program (2) forfeiture of tuition paid or planned to be paid via installment planning. (3) excluded from enrolling in any future Merchant Programs.

No person affiliated with a competitor of the Merchant, as an employee of a competitor or previous employee of a competitor can enroll in a course with the MERCHANT. Any person affiliated with a competitor in such a way who seeks or does not seek to copy or reproduce the learning strategies of the MERCHANT cannot enroll in a course. Clients of the Merchant can never explain the strategies learned to any competitor of the Merchant, at any time. This includes any type of communication- in person, any written expression or through audio communication. All persons contacting Merchant who is an employee of the competitor at the time of contact or was an employee at some point must express their position in written format to support@jackwestin.com prior to the beginning of any discussions with the Merchant. Failure to disclose the conflict of interest is considered a breach of the Terms, Conditions, and Privacy Policy of Merchant and will result in a penalty of $550,000 USD (Five-Hundred-Fifty-Thousand) paid to Merchant.

Copyright DMCA Policy

Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Your physical or electronic signature.
·        Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
·        Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
·        Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address.)
·        A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
·        A statement that the information in the written notice is accurate.
·        A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
    
Copyright Manager
Jack Westin
4702 Elite Drive, Sanger, Texas 76266
+1-415-855-4435
support@jackwestin.com


If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
·        Your physical or electronic signature.
·        An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
·        Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
·        A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
·        A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.]

Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Disclosure of Your Personal Data

Merchant does not disclose personal data to anyone execept in response to legal process, to protect Merchant rights, as otherwise required by law, or for the prevention or detection of a crime.

Collecting and Processing Your Platform Data

In case of sign-in/sign-up via Facebook or Google, the merchant will only use your public profile, including your email address, name, and profile picture in order to authenticate your profile on the website. Merchant will never collect/process your platform data for any business/non-business objective and will not request access to it.

Privacy Policy

Jack Westin ("we", "our" or "us") is committed to protecting and respecting your privacy. This policy outlines our privacy practices and how we handle the information we collect when you visit and use our services, including any advertising services, (collectively, "Services").
This policy is designed to meet the compliance standards of the General Data Protection Regulation (GDPR) and other relevant laws.

We may collect, store and use the following kinds of information:

• Personal Identifiers: Including but not limited to email address, name, and IP address.
• Cookie Data: Data collected via cookies for advertising and analytics.
• Usage Data: Information on how you interact with our Services.

We use the information collected for the following purposes:

• Providing Services: To facilitate the delivery of our Services.
• Personalization and Advertising: To tailor content and advertisements to your preferences.
• Compliance and Security: To meet legal requirements and to protect your and our rights.

We use cookies to track your interaction with our Services, which helps us to improve your user experience and to serve targeted ads. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our Services.

If you are a resident of the European Economic Area (EEA), you have the following GDPR rights:

• The right to access: You can request copies of your personal data.
• The right to rectification: You can request that we correct any information you believe is inaccurate.
• The right to erasure: Under certain conditions, you can request the erasure of your personal data.
• The right to restrict processing: Under certain conditions, you can request the restriction of processing your personal data.
• The right to data portability: You can request the transfer of your data to another organization.

Given that we are a U.S.-based company, any information we collect will be transferred to and processed in the United States, which may not offer the same level of protection as the laws in your jurisdiction.

We may update this policy to reflect changes to our practices or for other operational or legal reasons.

Phone Number Verification

By adding their phone number to their account profile, the student understands and expressly consents to receive automated text messages for the purpose of login verification. This constitutes an integral part of our two-factor authentication process designed to enhance the security of your account. Standard message and data rates may apply. By verifying your phone number, you agree to the Terms and Conditions and Privacy Policy. You also agree to receive product-related text messages from Jack Westin from which you can unsubscribe at any time.

Arbitration & Class/Collective Action Waiver

Any and all disputes arising from or related to this Agreement, other than disputes relating to intellectual property infringement, including whether the dispute is arbitrable and the scope of this arbitration agreement, shall be finally resolved by arbitration administered by a single arbitrator under the then-applicable rules of the American Arbitration Association in accordance the Federal Arbitration Act. The arbitration shall be governed by and construed by federal law to the fullest extent possible. Unless otherwise agreed by the parties, the arbitration shall take place in the largest city within 100 miles of your permanent residence. Judgment on the arbitral award may be entered in any court having jurisdiction thereof. To the maximum extent permitted by law, should Client wish to initiate a legal action against Merchant, Client waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Merchant or a related entity is a party. The same applies to Merchant’s legal actions against Client. Thus, Client and Merchant agree that each may bring claims against the other only in Client's or its individual capacity and not as a plaintiff or class member in any purported class. Further, unless both Client and Merchant agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over a representative or class proceeding.

Study Materials

Client understands that Merchant is only providing an educational service. No books or materials and is provided by Merchant. Any material reviewed can be found online for free or bought for a minimal price online as directed by Merchant. Merchant has the right to organize the material Client buys for homework purposes.

Recording Policy for Live Interactions

Consent to Record

By purchasing any product or service from Jack Westin that involves live interaction with our staff members, including but not limited to consultations, webinars, tutorials, and support sessions, you ("the Student") explicitly acknowledge and consent to the recording of all such live interactions.

Purpose of Recording

These recordings are made for quality assurance, training, and compliance purposes. They may be reviewed by Jack Westin’s management, training teams, or legal teams, and may also be used to resolve disputes or enforce the terms of this agreement.

Duration of Consent

Your consent to the recording of live interactions will remain in effect unless and until you revoke it in writing. Revocation of consent should be directed to support@jackwestin.com and will only be effective upon confirmation of receipt by Jack Westin.

Revocation of Consent

If you choose to revoke your consent, the revocation will only apply to live interactions occurring after the effective date of the revocation. All recordings made prior to the revocation will be retained in accordance with Jack Westin's standard data retention policies.

Technical Requirements

You will be responsible for meeting and maintaining the minimum technical requirements for your selected purchase in order to access certain features of your Program. Please visit the FAQ page on www.JackWestin.com to understand the specific requirements for your Program.

Course Schedule

Merchant can decide the length of all class sessions. All time lengths on site are approximations. Sessions may be shorter or longer depending on circumstances not currently known or discussed.

Student / Client Code of Conduct

As part of Merchant's commitment to student's success, Merchant seeks to provide an optimal learning environment and expect students (Client) to conduct themselves in a manner that is considerate of those around them. Those failing to meet student conduct standards may be subject to disciplinary actions, including but not limited to termination without refund. Inappropriate online classroom conduct includes but is not limited to: (1) disruptions to the learning environment (i.e. use of profanity, harassment, cell phone use in online classrooms, etc.); (2) deliberate destruction or misuse of online classroom. (3) violence or threats of violence toward persons or property of students or Merchant; (4) improper use of email and Internet access; and (5) failure to comply with federal copyright and criminal laws forbidding the misappropriation, copying, or alteration of copyright-protected materials. Merchant has the right to remove Client from any course at any time either due to disruption to course session or bad connection causing static, or any other reasons. Merchant is not required to give any reason to Client. If Client is late to agreed upon meeting time for session, Merchant has the right to refuse service in order to maintain the quality of the on-going course or any other reason deemed by Merchant.

Class Cohort Switch Policy for Live Online Course

At Jack Westin, we understand that flexibility is crucial for our students' success in the Live Online Course. To accommodate the varying needs of our students, we have established the following policy for switching between class cohorts:

1. Pre-Class Commencement: Unlimited Free Switches
Students are allowed to switch between different class cohorts an unlimited number of times free of charge, provided that the switch is requested before the commencement of the classes in their enrolled cohort.

2. Switch During Class - First Time (Up to 50% Completion)
Students may request to switch to a different class cohort once for free during the course, on the condition that they have completed less than 50% of the live sessions in their current cohort.

Note: If a student has completed more than 50% of the live sessions, requests for switches will be evaluated on a case-by-case basis. The standard $250 switch fee may be waived at the discretion of the administration, based on the specific circumstances of the request.

3. Second Switch During Class - $250 Fee
If a student wishes to switch class cohorts for a second time while the course is in session, a fee of $250 will be applied. This applies regardless of the student's progress in the course.

4. Third Switch During Class - $545 Fee
If a student wishes to switch class cohorts for a third time while the course is in session, a fee of $250 will be applied. This applies regardless of the student's progress in the course.

Additional Provisions:

1. Fees associated with cohort switches are non-refundable and must be paid prior to the confirmation of the switch.
2. Switching cohorts is subject to availability in the desired cohort.
3. Jack Westin reserves the right to modify these policies at any time without prior notice. However, any changes will not affect requests already submitted and approved.

For more information or to submit a request for a class cohort switch, please contact Support@jackwestin.com

Course Syllabus

The "Course Syllabus" can be accessed after enrollment payment is complete. By attending the first session of the course, client agrees and accepts the contents of the "Course Syllabus " PDF as well as the Terms, Conditions, and Privacy Policy set forth on JackWestin.com.

Disclaimer and Limitation of Liability

MERCHANT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PROGRAMS, INCLUDING WITHOUT LIMITATION THE SITE, THE MATERIALS, AND STAFF.

Delete Account and Data

Since your account may be connected to a payment plan or one of the classes or services, For the security of your account, automatic deletion is not possible. You can request to delete your account by sending a formal email to support@jackwestin.com.

Miscellaneous

This Agreement supersedes all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties. The agreement cannot be changed or modified orally. Any change or modification must be in writing and agreed to by both parties. If any provision of this Agreement is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of this Agreement shall continue in full force and effect.

BY PURCHASING, YOU ARE STATING THAT (1) YOU HAVE READ THE TERMS, CONDITIONS AND PRIVACY POLICY IN THEIR ENTIRETY INCLUDING ANY AND ALL RELATED LINKS (2) IF APPLICABLE YOU ARE A PARENT OR GUARDIAN OF A MINOR AND GRANT PERMISSION FOR HIM/HER TO PARTICIPATE IN THE PROGRAM WITH THESE CONDITIONS; (3) YOU ACKNOWLEDGE THAT YOU HAVE ENROLLED WITH MERCHANT FOR THE SOLE PURPOSE OF TEST PREPARATION AND NOT AT THE DIRECTION OF, OR FOR THE BENEFIT OF, ANY TEST PREPARATION COMPETITOR; (4) YOU UNDERSTAND THAT MERCHANT SERVICES DO NOT GUARANTEE ACCEPTANCE TO ANY SCHOOL OR HIGHER SCORE (5) YOU HAVE READ AND AGREE TO MAINTAIN THE MINIMUM HARDWARE SPECIFICATIONS REQUIRED TO ACCESS YOUR PROGRAM (6) YOU AUTHORIZE MERCHANT TO CHARGE YOUR CREDIT OR CHARGE CARD IN ACCORDANCE WITH THE AMOUNTS AND SCHEDULE EMAILED TO YOU UNTIL TUITION PAYMENT IS COMPLETE; (7) YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS, CONDITIONS AND PRIVACY POLICY OF THIS AGREEMENT