Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING MEDNOWAPP.COM OR ANY OF OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE OR SERVICES.
1. Definitions
“Agreement” refers to these Terms of Use and any future amendments.
“Content” means all material available through the Website and Services, including AI-generated questions, explanations, practice exams, curriculum materials, text, graphics, audio, video, and software — excluding User Submitted Content.
“MedNow,” “we,” “us,” or “our” refers to MedNow and the owners and operators of mednowapp.com.
“Services” means all products, features, tools, and services offered by MedNow, including AI-powered study tools, practice examinations, curriculum planning, progress tracking, and any other functionality we provide, whether in free or paid tiers.
“Subscription” means any paid access plan offered by MedNow, including monthly, annual, and educator plans.
“User Submitted Content” means any content you submit, post, upload, or transmit through the Website or Services, including feedback, reviews, comments, and messages.
“Website” refers to mednowapp.com and all associated subdomains, pages, mobile-optimized versions, and applications operated by MedNow.
“You” or “Your” refers to you, the individual entering into this Agreement with MedNow.
2. Acceptance of These Terms
By visiting the Website, creating an account, initiating a free trial, or using any of the Services in any manner, you unconditionally accept and agree to be legally bound by these Terms of Use and our Privacy Policy (mednowapp.com/privacy), incorporated herein by reference. These Terms constitute a legally binding agreement between you and MedNow.
If you do not agree to any of these Terms, you must immediately cease all use of the Website and Services. Your continued use of the Website or Services after any update to these Terms constitutes acceptance of the modified Terms.
If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity, and references to “you” throughout these Terms shall include that entity.
3. Electronic Communications Consent
By creating an account or using the Services, you consent to receive communications from MedNow electronically, including emails, in-app notifications, and notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
You agree that MedNow may send you transactional emails (account notices, receipts, password resets, security alerts) and, where you have opted in, promotional emails. You may opt out of promotional emails at any time; transactional emails cannot be opted out of while your account is active.
For purposes of the Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”) and similar state laws, you consent to the use of electronic records and signatures in connection with your use of the Services.
4. Use of Website, Content, and Services
The Website, Content, and Services are owned by or licensed to MedNow and are protected by United States copyright law, trademark law, trade secret law, and applicable international intellectual property laws.
Subject to your compliance with these Terms, MedNow grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content solely for your personal, non-commercial study and educational purposes. This license expressly excludes:
- Any resale, redistribution, or commercial use of the Website or its Contents;
- Collection, scraping, or extraction of Content, listings, or data in bulk;
- Creation of derivative works based on the Content without express written permission;
- Downloading or copying Content for use by or on behalf of any third party;
- Any use of data mining, bots, robots, scrapers, or similar tools (see Section 35);
- Framing or mirroring any part of the Website without express written consent.
Any violation of these Terms automatically and immediately terminates this license. MedNow reserves all rights not expressly granted herein.
5. Rules of Use
As a condition of using the Website and Services, you agree that you will not:
- Use the Services for any illegal or unauthorized purpose or in violation of any applicable law, rule, or regulation (federal, state, local, or international);
- Engage in behavior that is violent, threatening, pornographic, defamatory, racist, hateful, fraudulent, abusive, or otherwise objectionable as determined by MedNow in its sole discretion;
- Harass, intimidate, bully, or threaten any other user, employee, contractor, or representative of MedNow;
- Interfere with or disrupt the Services, servers, or networks connected to the Services, including transmitting worms, viruses, spyware, malware, ransomware, or any other destructive or harmful code;
- Attempt to gain unauthorized access to any portion of the Website, user accounts, computer systems, or networks connected to the Website;
- Probe, scan, or test the vulnerability of the Website or any network connected to it, or breach security or authentication measures;
- Use the Services to transmit any unsolicited commercial email (spam) or engage in phishing, smishing, or any form of deceptive communication;
- Impersonate any person or entity, or misrepresent your affiliation with any person, organization, or entity;
- Reverse-engineer, disassemble, decompile, decode, or otherwise attempt to derive the source code of any component of the Services;
- Remove, obscure, or alter any copyright, trademark, or other proprietary notices in or on the Services;
- Use the Services in any manner that could overburden, disable, impair, or compromise MedNow's infrastructure or interfere with other users' use of the Services;
- Access or use another user's account without permission;
- Upload or transmit any material that infringes any third-party intellectual property right.
MedNow has the right to interrupt, suspend, or permanently terminate the Services immediately and without notice if it suspects you are engaging in any violation of these Terms or any unlawful, fraudulent, or abusive activity.
6. Relationship of Parties
No joint venture, partnership, employment, or agency relationship exists between you and MedNow as a result of these Terms or your use of the Services. Nothing in these Terms shall be construed as creating any such relationship. You do not have authority to bind MedNow to any obligations.
7. Account Information
You must create an account to access certain features. You are solely responsible for: (i) maintaining the confidentiality of your account credentials; (ii) all activity that occurs under your account; and (iii) notifying MedNow immediately at team@mednowapp.com upon becoming aware of any unauthorized account access.
Accounts must be registered by a human. Accounts created by bots, scripts, or automated methods are prohibited. The “Account Owner” is the individual who creates the account. Your account may only be used by one person — logins shared by multiple people are not permitted. You may not transfer or sell your account.
You agree to provide accurate, current, and complete registration information, and to update it as necessary. MedNow may refuse registration, or cancel an account, if it determines information provided is inaccurate, incomplete, or fraudulent.
MedNow reserves the right to reclaim usernames or account identifiers that violate these Terms or third-party rights.
8. Payment and Fees
If you purchase a Subscription or any paid feature, you agree to pay all applicable charges. All fees are in U.S. dollars. You represent and warrant that you are the authorized owner or user of any payment method you provide.
MedNow uses Stripe, Inc. to process all payments. By making any payment, you agree to Stripe's Terms of Service and Privacy Policy. MedNow does not store or have access to your complete payment card information.
Auto-Renewal
Subscriptions automatically renew at the end of each billing period at the then-current rate unless cancelled before the end of the current period. You authorize MedNow to charge your payment method on file for each renewal period without further authorization.
Cancellation
You may cancel your Subscription at any time through Account Settings or by contacting team@mednowapp.com. To avoid being charged for the next period, cancel at least twenty-four (24) hours before your renewal date. Upon cancellation, access continues through the end of the paid period. MedNow does not prorate or issue partial refunds for unused time.
Non-Refundable Fees
To the fullest extent permitted by applicable law, all fees paid to MedNow are non-refundable. MedNow may consider refund requests in extraordinary circumstances at its sole discretion but is under no obligation to issue any refund. Nothing in these Terms obligates MedNow to extend credit to any party.
Price Changes
MedNow reserves the right to change pricing at any time. Price changes for existing Subscriptions will be communicated in advance and take effect at the next renewal. Continued use after a price change takes effect constitutes your acceptance of the new pricing.
Taxes
All fees exclude taxes, levies, or duties imposed by taxing authorities. You are solely responsible for all such taxes, excluding only U.S. federal or state income taxes on MedNow's income.
Failed Payments
If payment fails, MedNow may suspend or terminate your access to paid features until payment is received. MedNow reserves the right to retry failed payment charges and to report delinquent accounts to credit reporting agencies or collections services.
Chargebacks
If you initiate a chargeback or payment dispute without first contacting MedNow to resolve the issue, MedNow reserves the right to immediately suspend your account, pursue the disputed amount through collections, and bar you from future use of the Services.
9. Free Trial
MedNow may, at its sole discretion, offer new users a free trial period providing access to paid features. Trial eligibility, duration, and terms are determined by MedNow and may vary (e.g., students vs. educators). MedNow may require a valid payment method to initiate a trial.
Each eligible user is entitled to only one free trial. MedNow reserves the right to recover the value of any trial — or terminate access — if it determines you abused the trial offer, including by creating multiple accounts. MedNow may modify, suspend, or discontinue trial offers at any time without notice.
10. Subscription Changes and Downgrades
You may upgrade your Subscription at any time; the upgrade takes effect immediately and you will be charged a prorated amount for the remainder of the current billing period.
Downgrades take effect at the end of the current billing period. MedNow does not issue refunds or credits for downgrading. Upon downgrade, you may lose access to features and content associated with your previous plan. MedNow is not liable for any loss of data, features, or content resulting from a downgrade.
11. AI-Generated Content and OpenAI
Portions of the Content are generated using artificial intelligence, including the OpenAI API. AI-generated content is provided for educational and study purposes only. MedNow does not guarantee the accuracy, completeness, currency, or reliability of AI-generated content. You should independently verify any AI-generated content before relying on it, particularly for clinical or professional purposes.
To enable personalized study recommendations, certain anonymized or pseudonymized data about your study activity (topics, quiz performance, session duration) may be transmitted to OpenAI's API. MedNow does not transmit your full name, payment information, or other sensitive personally identifiable information to OpenAI. Our agreement with OpenAI prohibits use of API-submitted data to train OpenAI's public models.
All AI-generated Content produced through the Services is the sole and exclusive property of MedNow. You may use such Content only for personal, non-commercial study in accordance with the license in Section 4.
MedNow expressly disclaims all liability for any errors, omissions, or inaccuracies in AI-generated Content and for any consequences arising from reliance on such Content.
12. User Submitted Content and Feedback
You warrant that you own all intellectual property rights in any User Submitted Content, or that you have the appropriate license rights. You retain all ownership rights in your User Submitted Content.
By submitting content, you grant MedNow a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable right and license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Submitted Content in connection with operating, marketing, and improving the Services.
Feedback and Suggestions. If you provide MedNow with any ideas, suggestions, enhancement requests, recommendations, or other feedback relating to the Services (“Feedback”), you hereby assign to MedNow all right, title, and interest in and to such Feedback. MedNow may use Feedback for any purpose without restriction or compensation to you. MedNow is not obligated to implement any Feedback.
You are solely responsible for your User Submitted Content. MedNow disclaims all liability for User Submitted Content and reserves the right to remove or moderate any content at any time, without notice, and without liability.
13. Intellectual Property Ownership and DMCA
All Content, features, and functionality of the Services — including text, graphics, logos, icons, images, audio, video, AI-generated materials, data compilations, and software — are the exclusive property of MedNow or its licensors and are protected by U.S. and international intellectual property laws. No rights are granted to you except as expressly set forth in these Terms.
If you believe materials on the Website infringe your intellectual property rights, please send written notification to:
Email: team@mednowapp.com
[MAILING ADDRESS — TO BE COMPLETED]
Your DMCA notice must include:
- A physical or electronic signature of a person authorized to act on behalf of the intellectual property owner;
- A description of the copyrighted work or other intellectual property alleged to be infringed;
- The specific URL or location on the Website of the allegedly infringing material;
- Your name, address, telephone number, and email address;
- A statement that you have a good-faith belief that the use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the intellectual property owner.
MedNow will terminate the accounts of repeat infringers in accordance with applicable law. Submitting a false or misleading DMCA notice may expose you to legal liability.
14. Beta and Experimental Features
MedNow may make available features or services labeled as “beta,” “preview,” “early access,” or “experimental.” Such features are provided “as is” without any warranty or guarantee of continued availability. MedNow may modify, discontinue, or remove beta features at any time without notice and without liability.
Your use of beta features is at your sole risk. Beta features may contain more bugs than standard features and may not function as expected. Data generated or stored through beta features may be lost upon discontinuation.
15. Links to Other Sites
The Website may contain links to third-party websites. Such links are provided as a convenience only and do not constitute an endorsement by MedNow. MedNow has no control over and assumes no responsibility for the content, privacy practices, or business practices of any linked third-party site. If you access a linked site, you do so at your own risk.
16. Monitoring and Investigations
MedNow reserves the right, but is not obligated, to monitor your use of the Services for any purpose, including ensuring compliance with these Terms, detecting fraud, protecting the security of the Services, or complying with applicable law or legal process.
By using the Services, you consent to such monitoring. MedNow may disclose information about your usage to comply with legal obligations or to protect its rights or the rights of others.
MedNow may investigate any complaint or reported violation of these Terms and take any action it deems appropriate, including issuing warnings, suspending or terminating accounts, or reporting conduct to law enforcement authorities.
17. Health Information and HIPAA Disclaimer
MedNow is an educational platform designed to help individuals prepare for allied health certification examinations. MedNow is not a healthcare provider, covered entity, or business associate as defined under the Health Insurance Portability and Accountability Act (“HIPAA”).
MedNow does not collect, store, process, or transmit Protected Health Information (“PHI”) as defined under HIPAA. You should not submit any PHI, patient data, or information that could identify any real patient through the Services. Any information you submit is subject to this Privacy Policy, not HIPAA.
Clinical scenarios, medical case examples, and question content provided through the Services are fictional, for educational purposes only, and do not constitute actual patient data or medical records.
18. Educator Program Terms
Educator accounts are offered to qualified instructors, professors, and administrators at accredited educational institutions and healthcare training programs. MedNow reserves the right to verify educator eligibility and to revoke educator status if eligibility requirements are not met.
As an educator account holder, you are responsible for: (i) ensuring all students who join your class do so voluntarily and with appropriate notice that their progress data will be visible to you; (ii) using student data solely for legitimate educational purposes within your institution; (iii) complying with applicable educational privacy laws, including FERPA, in connection with student data accessed through the Services; and (iv) ensuring your students comply with these Terms of Use.
An Educator account is licensed to a single individual instructor and may not be shared between multiple instructors; each instructor requires their own Educator account. A single Educator account may enroll an unlimited number of students in its class at no additional per-student charge.
MedNow is not responsible for any failure of students to achieve educational or certification outcomes, and makes no guarantees regarding student performance or exam results.
19. Export Controls
The Services and Content may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (“EAR”). You agree to comply with all applicable export laws and regulations. You represent that you are not located in a country subject to a U.S. government embargo or sanctions, and that you are not on any U.S. government list of prohibited or restricted parties.
You may not access or use the Services from any jurisdiction where such use is prohibited by applicable law.
20. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDNOW EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MEDNOW DOES NOT WARRANT THAT: (I) THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (III) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (IV) ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR DEVICE, DATA LOSS, OR OTHER HARM RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING HARM RESULTING FROM COMPUTER VIRUSES OR MALWARE. MEDNOW DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON ITS BEHALF.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDNOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES; (II) ANY CONTENT OBTAINED THROUGH THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (IV) RELIANCE ON AI-GENERATED CONTENT; (V) YOUR FAILURE TO PASS ANY CERTIFICATION EXAMINATION; OR (VI) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES. THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) AND EVEN IF MEDNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, MEDNOW IS NOT LIABLE FOR: (I) ERRORS OR INACCURACIES IN CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) UNAUTHORIZED ACCESS TO SECURE SERVERS OR YOUR PERSONAL INFORMATION; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION; OR (V) BUGS, VIRUSES, OR TROJAN HORSES TRANSMITTED BY ANY THIRD PARTY. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. MEDNOW'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS IS LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MEDNOW IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) TEN DOLLARS ($10.00).
22. Indemnification
You agree to defend, indemnify, and hold harmless MedNow and its affiliates, licensors, service providers, employees, officers, directors, agents, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including reasonable attorneys' fees) arising from or relating to:
- Your use of or access to the Website or Services;
- Your violation of any provision of these Terms of Use;
- Your violation of any applicable law or regulation;
- Your violation of any third-party right, including any intellectual property, privacy, or publicity right;
- Any claim that your User Submitted Content or Feedback caused damage to a third party;
- Any misrepresentation made by you; or
- Any dispute between you and another user of the Services.
MedNow reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate fully. You may not settle any claim affecting MedNow's rights or interests without MedNow's prior written approval.
23. Age Requirement and Legal Capacity
You must be at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, to create an account or use the Services. The Services are not directed to individuals under 18. If you are under 18, you may not use the Website or Services.
By using the Services, you represent and warrant that you have the legal capacity to enter into a binding agreement with MedNow. If you believe a minor has created an account without authorization, contact us at team@mednowapp.com.
24. Termination and Cancellation
MedNow may, in its sole discretion, at any time and without notice, terminate or suspend your access to all or any part of the Services for any or no reason, including breach of these Terms. Upon termination, your right to use the Services immediately ceases.
You may cancel your account at any time through your account settings or by contacting team@mednowapp.com. Cancellation takes effect at the end of the current billing period. You remain responsible for all charges incurred before cancellation.
Sections 3, 12, 13, 20, 21, 22, 26, 30, 31, 32, and all other provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, limitation of liability, and dispute resolution.
25. Force Majeure
MedNow shall not be liable for any delay or failure to perform its obligations where such delay or failure results from causes beyond MedNow's reasonable control, including acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, governmental actions, power outages, telecommunications or internet failures, cyberattacks, strikes, or third-party service failures. In such events, MedNow's obligations shall be suspended for the duration of the force majeure event.
26. Assignment
You may not assign, transfer, sublicense, or delegate any of your rights or obligations under these Terms without MedNow's prior written consent. Any purported assignment in violation of this section is null and void. MedNow may freely assign these Terms and any rights or obligations hereunder, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of MedNow's assets, without your consent.
27. Severability
If any provision of these Terms is found invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions shall remain in full force and effect.
28. No Waiver
The failure of MedNow to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of MedNow. A waiver of any breach shall not be construed as a waiver of any other or subsequent breach.
29. Entire Agreement
These Terms of Use, together with the Privacy Policy and any other policies published by MedNow on the Website, constitute the complete and final expression of the entire understanding between you and MedNow with respect to the subject matter hereof and supersede all prior written or oral representations, agreements, and understandings.
30. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Subject to the arbitration agreement in Section 31, any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware, and you hereby irrevocably consent to personal jurisdiction and venue therein.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
31. Arbitration Agreement
(a) Agreement to Arbitrate
You and MedNow agree to resolve any dispute, controversy, or claim arising out of or relating to these Terms, the Privacy Policy, or your use of the Services through final and binding arbitration, rather than in court, except as set forth herein. Both parties waive the right to a jury trial. All claims shall be submitted under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in effect, before a single neutral arbitrator. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.
(b) Mandatory Informal Dispute Resolution
Before initiating arbitration, you must send a written notice of dispute (“Notice”) to team@mednowapp.com including: (i) your name and contact information; (ii) the facts giving rise to the dispute; and (iii) the specific relief sought. MedNow has thirty (30) business days from receipt to attempt informal resolution. No arbitration may be filed until this period expires without resolution. Premature demands shall be dismissed without prejudice.
(c) Delegation of Authority
The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part is void or voidable.
(d) Hearing Location and Procedure
Unless the parties otherwise agree or the arbitrator requires an in-person hearing, all proceedings shall be conducted remotely by videoconference, telephone, or written submissions. Any required in-person hearing shall be held in a location reasonably convenient to both parties.
(e) Mass Arbitration
If twenty-five (25) or more similar arbitration demands are filed within a one-hundred-eighty (180) day period by or with the coordination of the same firm or organization (“Mass Filing”): (i) counsel shall each select up to five (5) claims as bellwether cases (up to ten total); (ii) non-bellwether claims are stayed pending bellwether resolution; (iii) following bellwether resolution, the parties shall participate in mediation covering remaining claims; (iv) unresolved claims may proceed in batches of no more than twenty-five (25).
(f) Confidentiality
All arbitration proceedings, pleadings, evidence, testimony, and awards are strictly confidential and shall not be disclosed except as required by law or in judicial proceedings to enforce an award.
(g) Exceptions
Either party may bring an individual action in small claims court for disputes within that court's jurisdiction, or seek injunctive relief in court to prevent infringement of intellectual property rights.
(h) Severability
If any portion of this Section 31 is found unenforceable, that portion is severed and the remainder remains in effect. If the mass arbitration subsection (e) is found unenforceable as to particular claims, this entire Section 31 is void as to those claims only, and those claims shall proceed in court subject to Section 32.
32. Class Action Waiver
YOU AND MEDNOW EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. YOU MAY NOT ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, AND MAY NOT PARTICIPATE AS A CLASS MEMBER, WITH RESPECT TO ANY CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. IF THIS WAIVER IS FOUND UNENFORCEABLE, THE ARBITRATION AGREEMENT IN SECTION 31 SHALL BE VOID AS TO THOSE CLAIMS ONLY.
33. Accessibility
MedNow is committed to making its Website and Services accessible to users with disabilities. If you require accommodations, please contact team@mednowapp.com with a description of your needs. We will make good-faith efforts to provide reasonable accommodations, unless doing so would create an undue hardship.
The Website is designed to be compatible with common screen reader software including VoiceOver (Mac), NVDA (PC), Windows Narrator, and ChromeVox (Chrome).
34. No Medical Advice; Certification Disclaimer
No Medical Advice
All Content is for educational and exam preparation purposes only. Nothing on the Website or through the Services constitutes medical advice, medical diagnosis, treatment recommendations, or a substitute for professional medical judgment. Do not rely on any Content for clinical decision-making. Always seek guidance from a qualified, licensed healthcare professional for any medical question or concern. In the event of a medical emergency, call 911 or your local emergency number immediately.
MedNow expressly disclaims all liability for any decisions made based on Content provided through the Services. Use of the Services does not create a doctor-patient, therapist-patient, or any other professional relationship.
No Affiliation with Certification Bodies
MedNow is not affiliated with, endorsed by, sponsored by, or officially connected to the National Center for Competency Testing (“NCCT”), the National Healthcareer Association (“NHA”), or any other certification body, licensing authority, educational institution, or professional association. Use of these names is descriptive only and does not imply any affiliation or endorsement.
No Guarantee of Exam Results
MedNow makes no representation, warranty, or guarantee that use of the Services will result in passing any certification examination. Exam outcomes depend on many factors beyond MedNow's control. MedNow shall not be liable for any failure to pass, delay in scheduling, or denial of any certification exam.
35. AI Training and Automated Scraping Prohibition
All Content on mednowapp.com is the exclusive proprietary intellectual property of MedNow. You are strictly prohibited from:
- Using any robot, spider, crawler, scraper, script, or other automated means to access the Website or Content without MedNow's express prior written permission;
- Using any Content to train, fine-tune, evaluate, benchmark, or otherwise develop any machine learning model, artificial intelligence system, or large language model (LLM), whether commercially or for research;
- Using automated tools to extract, copy, or compile quiz questions, explanations, answer rationales, study materials, or any other Content for the purpose of creating a competing product, database, or derivative tool;
- Circumventing, disabling, or interfering with any technological protection measure, including CAPTCHA, robots.txt, or rate limiting;
- Systematically downloading or bulk caching Content from the Website; or
- Accessing the Services through any interface other than MedNow's officially provided interface, without express written authorization.
Violation of this section will result in immediate account termination without refund, and may subject you to legal action for copyright infringement, trade secret misappropriation, violation of the Computer Fraud and Abuse Act, and breach of contract, including claims for injunctive relief and all available monetary damages.
36. Changes to These Terms
MedNow reserves the right to modify these Terms at any time. If a revision is material, MedNow will provide at least thirty (30) days' notice by posting the updated Terms on the Website and/or sending an email to the address associated with your account. What constitutes a material change is determined at MedNow's sole discretion. Your continued use of the Website or Services after changes become effective constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Services.
37. Contact Us
Questions or concerns about these Terms?
Email: team@mednowapp.com
Website: mednowapp.com