Updated: March 14, 2020

This product is sold by Crushendo, LLC, a Utah limited liability company. If you have questions, comments, or concerns about these Terms of Service (these “Terms”), you may email legal@crushendo.com.

Limited License

Crushendo retains all intellectual property rights to its product(s). Your completed order gives you only a limited license to use the product(s) for your own personal, non-commercial use (“Limited License”). You may not copy or share any portion of the product(s), including any proprietary mnemonics, with anyone or any entity in any way, unless you get prior written consent from Crushendo.

Refund Policy

If you’re not satisfied with the product(s), you can receive a full refund if you let us know within thirty (30) calendar days of purchase. Email support@crushendo.com to request a refund.

Lifetime Access

Your Limited License includes lifetime access with the following limitations.

  • Refunds or cancellations. If you cancel an order or have it refunded, your access to materials associated with that cancelled or refunded order will be revoked.
  • Prolonged account inactivity. If you have not logged into your Crushendo.com account for more than two years, we may delete your account.  If your account is deleted due to inactivity, you can create a new account at any time and receive restored access to product(s) previously available on your account upon written request to support@crushendo.com. However, all course progress, including practice question submissions and scores, will not be restored.
  • NCBE content removals. The NCBE occasionally removes certain practice questions from their offerings that the NCBE deems to be outdated or for other reasons. If the NCBE removes any practice questions from their Crushendo offerings for any reason, Crushendo will remove such questions from its materials. However, Crushendo will send you a PDF of such questions prior to their removal from your online account.
  • Abuse or breach. Though sharing online links to Crushendo’s public blog posts, public or unlisted YouTube videos, and other public resources is permitted and encouraged, if we believe you have abused Crushendo’s intellectual property rights or otherwise breached these Terms, we may immediately revoke your access, terminate your Crushendo.com account, and pursue damages. For example, if you share your username, password, downloads, or download links, you will have breached these Terms and abused Crushendo’s intellectual property rights.

Other Limitations

THERE IS NO GUARANTEE THAT IF YOU USE THE PRODUCT YOU WILL PASS ANY RELATED EXAM OR THAT YOUR TEST PERFORMANCE WILL EVEN IMPROVE. PERFORMANCE HINGES ON A VARIETY OF FACTORS BEYOND CRUSHENDO’S CONTROL.

Warranties Disclaimed – You use our site at your own risk. We provide our site “as is” and “as available.” Any material obtained through the use of our site is done at your risk.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES OR SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, UP-TO-DATE, COMPLETE, ERROR-FREE, OR VIRUS-FREE. WE ALSO DO NOT WARRANT THAT WE WILL CORRECT ANY DEFECTS.

Accounts

Registration – You may not use the account, username, or password of someone else at any time. When you create an account or register for services on our website, you must provide complete and accurate information.

Security – If you create a username and password, you may not share them with anyone and you are responsible for maintaining their confidentiality. You will be liable for any loss that results from anyone using your account with your permission or due to your failure to log out of your account or protect your username and password. You must immediately notify us if you suspect any unauthorized account use.

Investigation – To ensure that we provide a high quality experience for you and for other users, you agree that we may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, or infringement of third party rights. We do not intend to disclose the existence or occurrence of such an investigation unless required by law.

Termination – We may terminate your account or your access to our site immediately, without notice, and without liability to you, if we believe that you have violated any of these Terms of Use.

Prohibited Uses

No Hacking – You may not access or attempt to access any services, content, user accounts, computer systems, or networks without permission, through hacking, password mining. or any other means. You may not probe, scan, or test the vulnerability of our site, or any associated system or network. You may not infect or attempt to infect our site with any virus.

No Altering – You may not reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in our site. You may not alter or attempt to alter any part of our site beyond the customizations that we enable.

No Interfering – You may not use our services or site in any way that may damage, disable, overburden, or impair our servers or networks. You may not interfere with others’ use or enjoyment of our site. Though not all-inclusive, you may not overload, “flood,” “spam,” “mail bomb,” or “crash” our site; or use our site to send unsolicited emails, including ads.

No Competing – You may not use our services or site to compete or attempt to compete with our business.

No Infringing Our Rights – The content on our site is protected by copyright, trademark, patent, trade secret, international treaties, and other proprietary rights. You may not copy or share any content from our site without consent. We (and our licensors) own and retain the property rights to the content on our site. You do not acquire ownership rights to any content by using our site.

No Infringing Others’ Rights – You must respect the property rights, including intellectual property rights, of others. We will respond to notices of alleged infringement that comply with applicable law and are properly provided to us. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion.

If Your Rights Are Infringed

Our services allow or may soon allow user-generated content. We have no responsibility to review or approve any user-generated content before it’s published on our site. However, we respect the intellectual property rights of others and expect our users to do the same.

If you believe that your content has been copied in a way that constitutes infringement of an intellectual property right, please email legal@crushendo.com (1) the physical or electronic signature of the intellectual property right owner or his or her authorized representative; (2) your contact information, including your address, telephone number, and an email address; (3) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner or the law; (4) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner; (5) identification of the intellectual property claimed to have been infringed; and (6) reasonably sufficient information to permit us to locate the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or disabled.

Privacy Policy Incorporated

These Terms include an obligation to follow our Privacy Policy.

Communications

By placing an order, you are opting in to receive communications related to your account, your experience, promotions, and news.  You may unsubscribe to email communications by clicking the link in such communications. To opt out of non-email communications, email legal@crushendo.com.

Indemnity

You agree to indemnify and defend us, our affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and costs (including reasonable attorney fees and costs) arising from (1) your access to or use of our site; (2) your violation of these Terms of Use; or (3) your infringement, or infringement by any other user of your account, of any right of any person or entity.

External Links

Our site may contain links to other sites or apps for your convenience. We have no responsibility for the content or practices of any third party site or app.

Third Party Beneficiaries

Our service providers are third party beneficiaries of these Terms of Use and may (subject to our agreements with them) enforce our rights with respect to any infringement by you without joining us in any suit.

Assignments

We may assign this agreement, its duties, or its benefits at any time without notice. You may not assign this contract, its duties, or its benefits to anyone else.

Governing Law

These Terms are governed by the laws of the United States and the State of Utah.

Disputes

Waiver – We may waive (or forgive liability) of any breach (or failure) by you to abide by any of these Terms. However, no waiver is valid unless it is in writing and we sign it. Also, waivers apply only to specifically identified failures and do not give you permission to breach Terms at other times.

Internal Resolution – If you have concerns or claims with respect to your usage of our website, email legal@crushendo.com. We’ll investigate and attempt to promptly resolve any complaints.

Arbitration – If your complaint cannot be resolved through our internal process, you agree to resolve your complaint through arbitration. If arbitration is necessary, it will be conducted by telephone and email, and if it must be done in person, it will be conducted in Salt Lake City, Utah. The arbitration will be conducted an arbitrator from the American Arbitration Association, and under the rules of commercial arbitration of that association, to the extent they’re not inconsistent with these Terms. Both parties will equally share the cost of arbitration. Attorney fees will be awarded to the prevailing party. All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction. For additional information you may visit www.ADR.org.

Court – If, for whatever reason, arbitration is unenforceable, lawsuits must be brought before a court in Utah County, Utah. Attorney fees will be awarded to the prevailing party.

Severability – If, for whatever reason, an arbitrator or court finds any part of these Terms to be unenforceable, all other parts will remain in force.

Updates

You have a responsibility to review these Terms of Use periodically. We may revise these Terms at any time. If we make a change to these Terms that, in our sole discretion, is material, we will update this webpage and may send an email to the address associated with your account. By continuing to visit our website after those changes become effective, you agree to be bound by those changes regardless of whether we have issued an email notification.

BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE.

Effective: June 13, 2017