Booster Prep

Terms of Use

Last Modified: August 1st, 2024

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Booster Prep Inc. ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of boosterprep.com, including any subpages, content, functionality, and services offered on or through boosterprep.com (the "Website"), whether as a guest or a registered user.Please read the Terms of Use carefully before you start to use the Website.By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://boosterprep.com/privacy-policy, incorporated herein by reference.If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.This Website is offered and available to adult users. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you are not of legal age, you must not access or use the Website.The products and services offered through this Website are not intended for Québec users and are not available in Québec.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.You are solely responsible for the hardware, software, and connectivity services you use to access the Website. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason (subject to applicable law), including if, in our opinion, you have violated any provision of these Terms of Use.

Account Types

  • Free Trial Account. If you register on the Website for a free trial, we will make one or more services available to you on a trial basis free of charge until (a) the date that you decide to purchase the product, or (b) we revoke the membership. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into these Terms of Use by reference and are legally binding.
  • Premium Membership Account. If you choose to purchase a Booster Prep Premium Membership subscription, you authorize us to charge the stated fee and any applicable taxes to the payment method that you provide at the time of purchase. Payments made to us are processed by Stripe, Inc. and its global affiliates, which may as a result receive certain information about you, and that information may be transferred, processed and stored outside of Canada. More information about Stripe is available at www.stripe.com.

Higher Score Guarantee

For any of the official tests listed below, if you have previously taken the test and been issued an official score, we guarantee that if you meet the qualifying criteria and fulfill the practice and preparation requirements described below for that test before retaking it, your performance will improve. Depending on the test, if you meet the qualifying criteria and your performance does not improve after meeting the practice and preparation requirements, you will receive a membership extension at no cost or, in some cases, a full or partial refund.
  • DAT in the U.S. (Dental Admission Test, overseen by the American Dental Association)
    • Qualifying Criteria: Have taken the DAT in the U.S., received an official score, and have subsequently purchased a 90-day DATBooster membership.
    • Practice & Preparation Requirements: prior to retaking the test, completed at least 8 practice tests in every subject area and earned a registered store of 15 or more, and b.) completed at least 80% of the extra questions and video content on the Website.
    • Guarantee: your Academic Average (“AA”) score on your retake will be better than your previous AA score. The AA is the average of the Biology, General Chemistry, Organic Chemistry, Reading Comprehension, and Quantitative Reasoning section scores.
    • Options: if your AA score on your retake was the same or worse than your previous AA score, you may claim either a 90-day extension of your DATBooster membership, or a 50% refund.
    • How to Claim: email team@BoosterPrep.com within 15 days of your test retake, attach the official score documentation from your previous test and your retake test, and identify if you want the 90-day extension or the 50% refund.
  • DAT in Canada (Dental Admission Test, overseen by the Canadian Dental Association)
    • Qualifying Criteria: Have taken the DAT in Canada, received an official score, and have subsequently purchased a 90-day DATCrusher membership.
    • Practice & Preparation Requirements: prior to retaking the test, completed at least 8 practice tests in every subject area and earned a registered store of 15 or more, and b.) completed at least 80% of the extra questions and video content on the Website.
    • Guarantee: your Academic Average (“AA”) score on your retake will be better than your previous AA score. The AA is the average of the Biology, General Chemistry, and Reading Comprehension section scores.
    • Options: if your AA score on your retake was the same or worse than your previous AA score, you may claim either a 90-day extension of your DATCrusher membership, or a 50% refund.
    • How to Claim: email team@BoosterPrep.com within 15 days of your test retake, attach the official score documentation from your previous test and your retake test, and identify if you want the 90-day extension or the 50% refund.
  • OAT (Optometry Admission Test, overseen by the Association of Schools and Colleges of Optometry)
    • Qualifying Criteria: Have taken the OAT, received an official score, and have subsequently purchased a 90-day OATBooster membership.
    • Practice & Preparation Requirements: prior to retaking the test, complete at least 8 practice tests in every subject area and earn a registered store of 270 or more, and b.) complete at least 80% of the extra questions and video content on the Website.
    • Guarantee: When retaking the OAT after meeting the above Practice & Preparation Requirements, your Academic Average (“AA”) score on your retake will be better than your previous AA score. The AA is the average of the Biology, General Chemistry, Organic Chemistry, Physics, Quantitative Reasoning, and Reading Comprehension section scores.
    • Options: if your AA score on your retake was the same or worse than your previous AA score, you may claim either a 90-day extension of your OATBooster membership, or a 50% refund.
    • How to Claim: email team@BoosterPrep.com within 15 days of your test retake, attach the official score documentation from your previous test and your retake test, and identify if you want the 90-day extension or the 50% refund.
  • INBDE (Integrated National Board Dental Examination, overseen by the American Dental Association’s Joint Commission on National Dental Examinations agency in collaboration with the Department of Testing Services)
    • Qualifying Criteria: Are enrolled in an accredited dental program, have taken the INBDE and not passed, and have subsequently purchased a 90-day INBDEBooster membership.
    • Practice & Preparation Requirements: prior to retaking the test, completed at least 90% of the content on INBDEBooster within the duration of your purchased membership.
    • Guarantee: you will pass the INBDE when you retake it after completing the above Practice & Preparation Requirements.
    • Options: if you do not pass the INBDE when you retake it after completing the above Practice & Preparation Requirements, your options depend on your dental program.
      • If you are enrolled in, or have previously earned a degree from, an accredited dental program in the U.S. or Canada, you may choose either a 90-day extension to your INBDEBooster membership or a full refund.
      • If you are enrolled in, or have previously earned a degree from, an accredited dental program in any other jurisdiction, you may receive a 90-day extension to your INBDEBooster membership.
    • How to Claim: email team@BoosterPrep.com within 15 days of your test retake, attach the official failure notice from your retake test, and provide proof of your current enrollment in an accredited dental program or proof of graduation from an accredited dental program. If you are enrolled or have earned a degree from a U.S. or Canadian program, identify if you want the 90-day extension or the full refund.

Non-Guarantee Refund Policy

If you are dissatisfied with the Website within 24 hours of your purchase of a Premium Membership, you may email team@BoosterPrep.com to request a refund. In your request, explain the reason for your dissatisfaction. Refunds are granted at our discretion, in part informed by analysis of account activity. A 7% processing fee will be retained from any refund granted. Non-Guarantee refunds are not available once a Premium Membership has been active for more than 24 hours.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.These Terms of Use only permit you to use the Website for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of Website content that is expressly designated as authorized for printing, and then only for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non- commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
  • Modify copies of any materials from the Website.
  • Separate any illustrations, photographs, video or audio sequences, or any graphics separately from their accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of your obligations and may violate copyright, trademark, and other laws.Copyright infringement is a serious violation of national laws and international treaties, and infringers can be punished with statutory copyright infringement damage awards of $150,000.00 for each work infringed. Copyright infringers are monetarily liable for the damages suffered by the owner of the copyright, and must also disgorge any profits they reap from their infringement. Injunctive orders can be issued against infringers. Further, infringers can be required to pay the copyright owner's attorney's fees.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, Canada, or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. Termination will result in the removal of your account and/or blocking of access to your account, and will include forfeiture of all content in your account. If any payments have been made, no refund will be issued in the event of termination.
  • Cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

DMCA Copyright Policy

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 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:
Booster Prep DMCA Copyright Agent
team@boosterprep.comIf 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. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Reliance on Information Posted

We do not warrant the accuracy, completeness, or usefulness of information found on the Website. Any reliance you place on such information is strictly at your own risk. To the extent permitted by applicable law, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We will update the content on this Website from time to time and strive to keep it current, but cannot guarantee that its content is complete or up to date at any given moment. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

Personal information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your personal information in compliance with the Privacy Policy. Data arising from your use of content on the Website but not separately qualifying as personally identifiable information (e.g. test scores, bookmarks, highlights) will be retained for the duration of your Premium Membership period, but may be deleted at any time thereafter at our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have not necessarily reviewed all aspects of the sites linked to the Website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply our endorsement of the linked site. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We make no claims that the Website or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

To the extent prohibited by applicable laws in your jurisdiction of residence, the following section does not apply to you. Instead, your use of this Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non- contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of your place of residence.All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Province of Alberta without giving effect to any choice or conflict of law provision or rule.

Limitation on Time to File Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.