Terms and Conditions

The following terms govern the use of topdoccoaching.org (also referred to as “TopDoc Coaching”). As a User of TopDoc Coaching, please read this document carefully.

TopDoc Coaching’s Code of Professional Conduct:

TopDoc Coaching is focused on empowering you to secure the residency of your dreams. As you prepare for residency and participate in our advising services, the advisors at TopDoc Coaching expect all participants to maintain the same level of professionalism that is expected of you as a future resident. Thus, the relationship between you and your advisor(s) is based on trust, integrity, confidentiality, and respect. As a participant in TopDoc Coaching services, the advisors respectfully ask that you commit to the following expectations:

Availability: Your TopDoc Coaching advisor is a physician that may have clinical emergencies. In light of such circumstances, your advisor will make every effort to respond to you within 24 hours. In addition, your advisor(s) may be unavailable for other personal or professional reasons, such as vacations, holidays, or clinical requirements. Your advisor will contact you for any of those reasons should they conflict with a scheduled appointment or service. Likewise, you should plan accordingly and understand that specific schedules may be modified to accommodate the schedules of both you and your advisor.

Communication: For any and all communication with TopDoc Coaching advisors and staff, please be professional. Please communicate with your advisor using mutual respect and professionalism that you expect from them.

Commitments: In general, it is your responsibility to be on time and present for any scheduled and confirmed meetings with your advisor(s), unless there is an absolute emergency. For any changes to scheduled meetings, please give a minimum 24 hours notice to your advisor(s). TopDoc Coaching maintains control over scheduling new sessions should you cancel a previously scheduled session last minute or if the session results in a no show. In short, please communicate with your advisor(s) ahead of time should you have any scheduling conflicts.

Work: This is your prep for residency. Your advisor(s) is/are here only to provide advice and guidance on your study plans and preparations for residency. The rest is up to you to execute any discussed study plans and preparations for exams or residency applications. Please promptly reach out to your advisor(s) throughout your scheduled coaching sessions, or if you have any questions or concerns related to your coaching. Further, please make the effort to complete any discussed study plans made with your advisor(s). As you work toward becoming a future resident, you understand that your actions have consequences and that your own decisions may affect your progress and success.

Teamwork: Your progress matters to us. That is why we ask you to clearly communicate any questions or concerns about the advice/recommendations offered by your advisor(s). The student-advisor relationship is a partnership, and we want it to be your goal to develop and maintain excellent study habits. So, please directly reach out to your advisor so they have time to consider solutions to any challenges you may face.

Recording: You shall not record, or allow any of your representatives to record, any of the Services provided by TopDoc Coaching, irrespective of whether such Services are provided in-person or through virtual or electronic means (e.g., through Zoom or a similar platform).

If you fail to comply with these terms, it may result in termination of your advising services. TopDoc Coaching reserves the right to terminate services with any client that demonstrates unprofessional or unethical conduct with their advisor or any staff.

TopDoc Coaching is intended only as an advising service to help medical students in their endeavor to match with a residency program.

While we want to you maximize your chances of matching with the residency of your dreams, we cannot guarantee any specific results and outcomes. Any results involving test scores, grades, applications, and/or interviews are made by third-parties outside of the control of advisor(s) of TopDoc Coaching. Instead, TopDoc Coaching is focused on providing you with the tools needed to enhance your study habits and improve your residency application. TopDoc Coaching is not intended to write for you any letters, resume/CV, or autobiographical information, nor does it guarantee test scores, matches with residency programs, etc. It is your responsibility as the student to follow instructions of the school in which you apply for your residency. Your academic performance is subject to other external forces that are not within the control of TopDoc Coaching or its advisors/staff. Please note that TopDoc Coaching is not associated, affiliated with, nor does it endorse, any organizations mentioned to you in the course of its advising. This includes, but is not limited to, universities, colleges, official test administration, third-party test prep companies, or other websites, unless otherwise expressly indicated.

Services for the “TopDoc”, “Gold”, and “Platinum” plans are valid until the client graduates from medical school or until canceled. All services are offered via phone, email and webcam.

Availability of our advisors:

TopDoc Coaching retains all discretion over the scheduling of its consulting services while also acknowledging a client’s needs. Over the phone consultations or webcam services should be scheduled at least 24 hours in advance.

Cancellations of Sessions:

Please provide us at least one day (24 hours) notice for any cancellations of an advising session, including any rescheduling. We understand emergencies and unforeseen circumstances can happen, so please let us know when they do happen. In case of multiple late cancellations and/or reschedules, and depending on the circumstances, a fee may or may not be charged to your final account. TopDoc Coaching reserves all rights to suspend services with no refunds available.

Confidentiality:

All communications between TopDoc Coaching and client are confidential. At TopDoc Coaching we make an effort to secure your privacy and confidentiality. Any and all information discussed from our advising sessions will be held in confidence and not shared with a third party, without your written and signed consent. Although your privacy is a top priority, TopDoc Coaching cannot specifically guarantee the security of all communications over the internet, because online communication is not always completely secure. While not likely, in the event of lost or stolen information over the internet, TopDoc Coaching will not be held responsible.

Termination of Services:

Through written notice to the other party, either party may terminate the relationship at any time and for any reason. If there is a termination of service, no refunds may be issued.

Expiration of Services:

All services at TopDoc Coaching expire upon the medical student's graduation from medical school. If at any time, within a year of your purchase, you feel you may need to extend your services, please contact our team via the TopDoc Coaching website for us to consider the request.

Refunds:

While it’s TopDoc Coaching’s goal to provide you with an excellent experience, if we haven’t met your expectations we have laid out some basic guidelines to initiate a refund:

Refund Policy for Services Purchased after January 1, 2022:

All refund requests must be initiated within 7 days of purchasing services. No refunds can be issued after this time. Refunds cannot be issued for services already provided in any circumstance.

If a refund is requested within 7 days of purchasing services, the refund amount is at the discretion of TopDoc Coaching; refunds are calculated based on unused hours and the average hourly rate at the time of sale of the client's package. All refunds will be subject to an additional 10% administrative/processing fee.

Any cancellation of services after 7 days will not be issued with a refund.

No Guarantee:

You acknowledge there is no guarantee TopDoc Coaching’s advising services will increase your chances of improving your academic and professional performance, including but not limited to obtaining your preferred residency program, ideal test score on an examination, etc. However, you will make every effort to strive for the best test scores and/or residency applications with the help of TopDoc Coaching advisor(s).

Your responsibility:

You, as a student, are responsible for your own test prep and/or residency application, including submission, as well as the meeting of any deadlines and communication with the appropriate personnel and institutions.

User Data:

Interaction and information obtained through www.topdoccoaching.org are subject to the User’s privacy settings.

Access to External Resources:

At times, you may be referred to other outside resources, such as those by third parties. Users understand and accept that TopDoc Coaching has no control over such resources and is not responsible for content and availability of those resources.

Rights in content and other conditions for resources provided by third party are subject to the third party’s own term and conditions, or otherwise by the relevant statutory law in absence of any terms and conditions.

Additional Terms:

By purchasing TopDoc Coaching services you agree to release TopDoc Coaching, including its employees, advisors, and staff (all of whom shall be referred to as “TopDoc Coaching”) and release TopDoc Coaching from all claims, demands, or actions by you, on the basis of the discussions and advise with TopDoc Coaching. Services rendered to you by TopDoc Coaching shall be consideration for this release and disclaimer of liability of TopDoc Coaching.

Each service requires full pre-payment unless specified otherwise above. Fees paid to TopDoc Coaching may not be refundable. Generally, we will not issue partial refunds, but TopDoc Coaching reserves the right and discretion to issue partial refunds given the circumstances. If a refund is issued, that amount will be determined by TopDoc Coaching at the time of termination. Advice provided by TopDoc Coaching is the intellectual property of TopDoc Coaching and should not be shared with others under any circumstances. Any remaining services not yet performed cannot be transferred to anyone else. TopDoc Coaching reserves the right to end a relationship with a client for any reason and at the its sole discretion.

Non-Disparagement: Users of TopDoc Coaching and their family agree to take no action that is intended, or would reasonably be expected, to harm TopDoc Coaching’s reputation, the reputation of its employees, advisors, or staff, or which would reasonably be anticipated to become unwanted or unfavorable publicity to TopDoc Coaching. By purchasing a TopDoc Coaching service, you agree with these statements as well as under any applicable law or regulation.

All disputes, controversies, or claims arising out of or relating to these terms shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect.

In the event of litigation relating to the subject matter of these terms, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.

Terms and Conditions of Sale

Product Description:

Prices, descriptions or availability of Products are outlined in the respective sections of www.topdoccoaching.org and are subject to change without notice.

While Products on www.topdoccoaching.org are presented with the greatest accuracy technically possible, representation on www.topdoccoaching.org through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing Process:

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

Users must choose the desired Product and verify their purchase selection; and

After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order Submission:

When the User submits an order, the following applies:

The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices:

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on www.topdoccoaching.org are displayed: either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Disclaimer of Warranties:

Www.topdoccoaching.org is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. Users may also have other rights which vary from state to state. The disclaimers and exclusions under these terms shall not apply to the extent prohibited by applicable law.

Limitations of Liability:

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;

any errors, mistakes, or inaccuracies of content;

personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;

any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;

any interruption or cessation of transmission to or from the Service;

any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification:

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

User’s use of and access to the Service, including any data or content transmitted or received by User;

User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;

User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

User’s violation of any statutory law, rule, or regulation;

any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

User’s willful misconduct; or

statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Service Interruptions:

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Changes To These Terms:

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

Severability:

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Governing Law:

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Venue of Jurisdiction:

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.