Motivate MD Portal

By accessing or using any of the Services, you agree to be bound by these Terms of Service. If you do not agree, you must not access or use the Services.

1. Agreement to terms

These Terms of Service (“Terms”) are a legally binding agreement between you (“you” or “End-User”) and Motivate MD, LLC (“Motivate MD,” “Company,” “we,” “us,” or “Licensor”), located at 5910 Winding River Way, Memphis, TN 38120, United States, governing your access to and use of: (a) the website located at https://www.motivatemd.com (the “Website”); (b) the Motivate MD member portal (the “Portal”); and (c) our mobile applications, including The PreMed App (the “Application”) (collectively, the “Services”).

By accessing or using any of the Services, including by downloading the Application from the Apple App Store or any update thereto, you indicate that you agree to be bound by all of the terms and conditions of these Terms and that you accept these Terms. If you do not agree to these Terms, you must not access or use the Services.

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

The parties to these Terms acknowledge that Apple is not a party to these Terms and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Motivate MD, LLC, not Apple, is solely responsible for the licensed Application and the content thereof. These Terms may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Motivate MD, LLC acknowledges that it had the opportunity to review said terms and these Terms are not conflicting with them.

All rights not expressly granted to you are reserved.

2. The application

The PreMed App (the “Application”) is a piece of software created to help premedical students stay informed, stay organized, and access our team of medical students and doctors, and is customized for Apple mobile devices. Its main use is to help students stay organized throughout the medical school application process.

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

3. Scope of license

3.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the licensed Application on any Apple-branded Products that you (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with you (End-User, The Purchaser) via Family Sharing or volume purchasing.

3.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

3.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Motivate MD, LLC’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

3.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Motivate MD, LLC’s prior written consent).

3.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that you own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

3.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

3.7 Licensor reserves the right to modify the terms and conditions of licensing.

3.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, you must ensure that you comply with applicable third-party terms and conditions.

4. Technical requirements

4.1 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

4.2 You acknowledge that it is your responsibility to confirm and determine that the app end-user device on which you intend to use the Application satisfies the technical specifications mentioned above.

4.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

5. Maintenance and support

5.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.

5.2 Motivate MD, LLC and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

6. Use of data

You acknowledge that Licensor will be able to access and adjust your downloaded licensed Application content and your personal information, and that Licensor’s use of such material and information is subject to your legal agreements with Licensor and Licensor’s Privacy Policy.

7. User generated contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

8. Contribution license

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

9. Text message (SMS) notifications

9.1 Program description. Motivate MD offers optional text message (SMS) notifications for members who choose to enroll. These are account notifications such as appointment and advising call reminders, updates when your application materials (such as essay reviews) are complete and ready to view, application deadline reminders, and account status updates, as well as work assignment notifications for Motivate MD team members who enroll. As part of enrollment, we also send a one-time verification code to confirm your phone number and a one-time message confirming your opt-in. This is not a marketing messaging program.

9.2 Consent is separate from these Terms. Agreeing to these Terms does notenroll you in text messaging and does not constitute consent to receive text messages. Consent is collected only through a separate, optional opt-in form — either the public form at /legal/messaging/opt-in, which requires no account, or the Settings → Notificationspage of the member portal — where you may enter your own mobile number and actively select the consent option, which is never pre-selected. Nothing is withheld if you decline: on the public form the explicit “No — don’t text me” answer is the pre-selected default, and the form can be submitted that way with no phone number entered — that submission is accepted as a decline. No text messages are sent to your number until you select “Yes” yourself and verify your number with the one-time code. The full program terms, including screenshots of the opt-in form, are published in our SMS Messaging Terms.

9.3 Consent is not a condition of purchase or use. Your consent to receive text messages is not a condition of creating an account, purchasing any goods or services, or using any Motivate MD service. You may skip or decline text messaging entirely and still use all of the Services, and you may opt out at any time.

9.4 Message frequency. Message frequency varies based on your account activity and notification preferences, and additional mobile messages may be sent periodically based on your interaction with Motivate MD. Motivate MD reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Motivate MD also reserves the right to change the short code or phone number from which messages are sent.

9.5 Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Carriers and wireless providers are not liable for delayed or undelivered messages.

9.6 Cancellation.You can cancel at any time by texting “STOP”. After you send the SMS message “STOP”, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Motivate MD again, you can opt in again through your account settings or by signing up as you did the first time. You may also disable text notifications at any time in your account settings within the member portal.

9.7 Help.Text “HELP” at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at support@motivatemd.com.

9.8 Transfer of number.You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at support@motivatemd.com. The duty to inform us based on the above events is a condition of using this service to receive messages.

9.9 Privacy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the text message services necessary to deliver messages. For more information on how we handle your data, see our Privacy Policy.

9.10 Messaging program changes. We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these messaging terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.

10. Liability

10.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

10.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 3 of these Terms. To avoid data loss, you are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, you will not have access to the licensed Application.

11. Warranty

11.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of your download. Licensor warrants that the Application works as described in the user documentation.

11.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by yourself or by third parties, or if there are any other reasons outside of Motivate MD, LLC’s sphere of influence that affect the executability of the Application.

11.3 You are required to inspect the Application immediately after installing it and notify Motivate MD, LLC about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been mailed within a period of ninety (90) days after discovery.

11.4 If we confirm that the Application is defective, Motivate MD, LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

11.5 In the event of any failure of the Application to conform to any applicable warranty, you may notify the App Store Operator, and your Application purchase price will be refunded to you. To the maximum extent permitted by applicable law, the App Store Operator will have no other warranty obligation whatsoever with respect to the Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

11.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

12. Product claims

Motivate MD, LLC and the End-User acknowledge that Motivate MD, LLC, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with your licensed Application’s use of the HealthKit and HomeKit.

13. Legal compliance

You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that you are not listed on any US Government list of prohibited or restricted parties.

14. Contact information

For general inquiries, complaints, questions, or claims concerning the Services, please contact:

Becca Porter
Motivate MD, LLC
5910 Winding River Way
Memphis, TN 38120
United States
support@motivatemd.com

15. Termination

The license is valid until terminated by Motivate MD, LLC or by you. Your rights under this license will terminate automatically and without notice from Motivate MD, LLC if you fail to adhere to any term(s) of this license. Upon license termination, you shall stop all use of the Application and destroy all copies, full or partial, of the Application.

16. Third-party terms of agreements and beneficiary

Motivate MD, LLC represents and warrants that Motivate MD, LLC will comply with applicable third-party terms of agreement when using the licensed Application.

In accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon your acceptance of the terms and conditions of this license agreement — Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against you as a third-party beneficiary thereof.

17. Intellectual property rights

Motivate MD, LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, Motivate MD, LLC, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

18. Applicable law

These Terms are governed by the laws of the State of Tennessee, excluding its conflicts of law rules.

19. Miscellaneous

19.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

19.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.