RYAN MEDICAL EDUCATION LLC – TERMS OF SERVICE
This Terms of Service agreement was last revised on May 20, 2014
This Terms of Service ("TOS") is a legally binding agreement made by and between Ryan Medical Education, LLC, and Boards and Beyond and its affiliates, parent, divisions ("RME", "we", "us" and "our") and you, personally and, if applicable, on behalf of the entity for whom you are using this web site (collectively, "you", "your", "yours"). This TOS governs your access to and use of www.boardsbeyond.com and any other World Wide Web site owned, operated, licensed , or controlled by RME (collectively, the "Web Site") and the services offered by RME on the Web Site ("Services"), so please read them carefully. This TOS will also apply to all visitors, users, and others who access the Web Site and use the Services ("Users").
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, RME RESERVES THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE. We will post the amended TOS on this page and indicate at the top of the page the date the Agreement was last revised.
GENERAL RIGHTS AND RESTRICTIONS
- Health Information. The Web Site and Services provide information about the general principles of Medical Science and its associated disciplines and is not intended as a working guide to patient care, drug administration or treatment. Medicine is a constantly evolving field and changes in practice regularly occur.
You understand and agree that this information is not meant to be a substitute for the advice of a physician or other licensed and qualified medical professional. You should not use any information on the Web Site and Services to diagnose health problems or to administer treatment, and should always consult a physician prior to taking any action based upon the medical or health-related information found on this Web Site. Information on the Web Site and Services may refer to drugs, devices or techniques which are subject to government regulation, and it is the responsibility of the treating practitioner to comply with all applicable laws.
Although care has been taken to ensure the accuracy of information present on the Web Site and Services, RME makes no representations or warranties whatsoever express or implied, with respect to the completeness, accuracy or currency of the information presented.
We do not assume any liability for any injury and/or damage to persons or property arising from or related to the material contained on the Site and Services.
- Educational Use Only. The Web Site, Services and all printed and/or Digital Content is for educational and/or learning use only. RME is not responsible for the use of any knowledge, information or facts in the practice of medicine, medical research or any and all related medical or science applications.
In addition, while materials available on the Web Site may be useful for medical coursework examinations and qualifying examinations such as the United States Medical Licensing Examination (USMLE), you understand that RME is not affiliated with USMLE and does not (directly or by implication) make any guarantees that the materials provided by RME will be tested on these examinations, and does not guarantee any results of students who take such examinations.
- You must be an adult or have an adult's permission. The Services and the Web Site may only be used by individuals who are at least 18 year of age or older. You must be an adult or have the express permission of an adult to use the Web Site. Your use of the Services, access to the Site, making purchases, access or streaming of content or contacting RME will be deemed to be a representation that you are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law.
- You must follow all laws. You must comply with all of the terms and conditions of this TOS, any policies referred to below or on the Web Site, and all applicable laws, regulations and rules when you use the Web Site.
USING THE WEB SITE.
- Eligibility. Except as expressly provided below, Services may only be used by individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Users and, except as specifically provided below, using fee-based Services. Your use of the Services will be deemed to be a representation that you are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law.
- Compliance. You must comply with all of the terms and conditions of this TOS, any policies referred to below or on the Web site, and all applicable laws, regulations and rules when you use the Web Site.
- License and Restrictions. Subject to the terms and conditions of this TOS, you are hereby granted a limited, revocable, non-exclusive right to use the Services and the content and materials on the Web Site in the normal course of your use of the Web Site. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. RME will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Web Site, than as may be reasonably necessary to use the Services for their intended purpose and except as expressly set forth in this TOS. You may not attempt to reverse engineer any of the technology used to provide the Services.
- Other Users. If you become aware of any conduct that violates this TOS, RME encourages you contact us. RME reserves the right, but will have no obligation, to respond to such communications.
- Mobile. RME may provide Services accessible on certain mobile devices, but please be aware that your carrier's normal rates and fees, such as text messaging and data fees, will apply.
- User Registration and Passwords
- User Registration. You do not have to register in order to visit the Web Site. To access certain features of the Services, though, you will need to register with RME and create a "User" account through the online registration process on the Web Site. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. In creating an account, you must provide RME with accurate and complete registration information, as prompted in the registration form. You must promptly notify RME if any of this information changes. If you fail to provide or update this information, RME may terminate your right to use the Web Site or the Services.
- Passwords. When you open your account, you will be asked to choose a password. You must keep your password confidential. You will be responsible for all use of your password and account, including, without limitation, any use by any unauthorized third party. You must notify RME immediately if you believe your password or account has been obtained or may be accessed or used by any unauthorized person or entity. In addition, you must notify RME immediately if you become aware of any other breach or attempted breach of the security of the Web Site. For security purposes, RME recommends that you change your password often, with an interval of no more than 30 days between password changes. Under no circumstances should you respond to a request for your password, particularly a request from an individual claiming to be an employee of RME. RME's employees will never ask for your password. You must notify RME if you receive such a request. Three consecutive logon failures will result in suspension of your login information requiring you to contact the RME via email to revalidate your login information.
- Consent to Communications from RME. By registering as a User and providing RME your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt-out of such Service-related emails by choosing the option stating you do not wish to receive such emails. We may also use your email address to send you other messages, including changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
- Updates. You agree to update your Account with any changes to information you provided to us. You understand that it is important to keep the email address associated with your account current because although you may be able to log into your Account using an old email address, you will not receive messages from RME about your orders and other inquiries.
- Subscriptions. Some Services require that you pay a subscription fee (such Services referred to as “Subscription” Accounts). Users who purchase Subscriptions Accounts may be referred to herein as “Subscribers.” Please carefully review the provisions below under the heading “PURCHASING” for RME policies related to payments and Subscriptions.
- Authorized Devices. Subscribers will need to activate each system (computer, phone, electronic device, etc.) they use to access the Service (once activated in accordance with this TOS, such system may be referred to as an “Authorized Device”). Once an Authorized Device is activated, it cannot be transferred or reset. Users agree that the service will only be used on, and the licenses to the content obtained herein is expressly limited to a single activated Authorized Device at any given time.
- Non-Commercial Private Use. The Subscription Account allows access to view digital content (“Digital Content”) and the license granted herein to any Digital Content is limited to Non-Commercial Private Use for a limited number of times over a limited period of time. As used herein, "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to access the content) is charged or received, which takes place in your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you alone. Non-Commercial, Private Use excludes any public presentation (e.g., a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing or accessing the content.
- Subscription License. RME grants you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to stream and view and privately display, for Non-Commercial, Private Use, the Digital Content rented by you, by way of no more than three (3) Authorized personal Devices connected to the Service over the internet. This license for Digital Content is limited in its term and duration to time length of purchase from the date of Subscription (the “Subscription Term”). After the applicable Subscription Term, you understand and agree that RME may automatically delete your user account.
- Refund Policy/Risk of Loss. Once you Subscribe to Digital Content and we make the Digital Content available to you, NO REFUND WILL BE AVAILABLE and you bear responsibility for completing viewing during the stipulated Subscription Term. Digital Content will generally continue to be available to you for streaming from the Web Site, as applicable, but may become unavailable due to conditions or reasons beyond RME’s control, in which case RME will not be liable. Such conditions or reasons include, but are not limited to, Acts of God, power outages, system maintenance, programing errors, software issues, actions of third parties such as computer or software hackers or others acting outside the law or in contradiction to this TOS. The risk of loss and title for all tangible items purchased through the Site passes to you upon delivery of the item to the carrier.
- Prices. From time to time we may make purchase of tangible items (such as physical text books) available on the Web Site. The price for an item on the Web Site may differ from the price shown in your shopping cart; this may occur because it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Web Site. If the price for the item on the Web Site is incorrect and actually higher than the price provided at the time of purchase, then, at our discretion, we may either (i) contact you for instructions before shipping the item or charging you for such item; (ii) cancel the order for such item and notify you of such cancellation; (iii) ship the item at the incorrect price to your benefit.
- Payment. You agree to pay all charges and applicable taxes that you incur at the prices in effect when you place your order. Verification of your billing or shipping information may be required prior to our acceptance of your order. We describe the types of payment we may accept at the time of purchase.
- Security. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will be unable to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- Your Content. By posting, storing or transmitting any content on or to the Web Site, including by submitting User Created Content within the Web Site, you accept that you will, and you hereby, automatically grant RME, or represent and warrant that the owner or authorized licensor of such content has expressly granted RME, the non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute such content in whole or in part worldwide and/or to incorporate such content into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content. Subject to this grant, the licensor of User Created Content submitted to RME retains any and all rights which may exist in such User Created Content. You understand that submitting your User Created Content is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.
- Our Content.
- Copyright. All materials on the Web Site and available through the Services, including without limitation, Digital Content, the logos, design, text, graphics, audio clips, video clips, other files, and the selection, arrangement and organization thereof are owned by RME, its licensors or other entities. Unauthorized use of such materials is strictly prohibited. ALL RIGHTS RESERVED.
- Trademarks. Product names, logos, designs, titles, and words or phrases used on any RME web site, including, without limitation, BOARDS AND BEYOND, and RME design marks are owned by RME, its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of RME. If you use such trademarks or logos, you must include appropriate attribution. All other trademarks, trade names and the like that appear on the Web Site or the Services are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names, or any confusingly similar marks, dress or names, including without limitation as a part of any link, without express permission of RME.
- Your Ideas. You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Services, including without limitation about how to improve the Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place RME under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission. RME does not waive any rights to use similar or related ideas previously known to RME, or developed by its employees, or obtained from sources other than you. Such disclosure, submission or offer of any Ideas shall, and hereby does, constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You should not submit any Ideas to us if you do not wish to license such rights to us. We are and will be under no obligation: (i) to maintain any Ideas in confidence: (ii) to pay to you or any third party any compensation for any Ideas; or (iii) to respond to any Ideas. You are and shall remain solely responsible for the content of any Ideas you make.
- Intellectual Property Policy. RME respects the intellectual property rights of others and expects its users to do the same. RME may remove content that in its sole discretion appears to infringe the intellectual property rights of others. In addition, RME will, in its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that a user of the Web Site or the Services has infringed your copyrights, please notify RME at the customer service contact on the Web Site. If you believe that a user of the Web Site or the Services has infringed your trademark/service mark rights, please notify RME at the customer service contact on the Web Site.
- Linking and Framing. You may not frame, inline link, or similarly display any RME content or property, including, without limitation, the Web Site.
- Representations and Warranties. You represent and warrant to RME that: (i) you have the full power and authority to enter into and perform your obligations under this TOS; (ii) your assent to and performance of your obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) this TOS constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in your use of the Web Site or the Services; and (v) you will comply with all applicable laws, rules and regulations in your use of the Services and the Web Site, including this TOS.
- Indemnification. You agree to defend, indemnify, and hold RME and its employees, representatives, agents, attorneys, affiliates, directors, officers, users, managers and shareholders ("Indemnified Parties") harmless from any damage, loss, cost or expense (including without limitation, attorneys' fees and costs) incurred in connection with any claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of this TOS by you, including violations of law or allegations of violation of privacy, publicity intellectual property rights related to User Created Content you submit, (ii) arising from, related to, or connected with your use of the Web Site or the services, (iii) any other party's access and use of the Services with your unique username, password or other appropriate security code. If you are obligated to provide indemnification pursuant to this provision, RME may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of RME.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
- DISCLAIMER OF WARRANTIES. RME PROVIDES THE WEB SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. RME DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR SERVICES OR THEIR USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, OR (V) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. RMEMAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR WEB SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. RMEDOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RMEWILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- EXCLUSION OF DAMAGES. To the maximum extent permitted by applicable law, in no event shall RME, its affiliates, associates, dealers, agents or suppliers be liable for any INDIRECT, EXEMPLARY, PUNITIVE, special, incidental or consequential damages whatsoever (including but not limited to damages arising from breach of contract, warranty, tort or strict liability for loss of profits, loss of data, loss of goodwill, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use of or inability to use the web site or services, regardless of the cause of action on which they are based, even if RME or such other ENTITIES have been advised of the possibility of such damages.
- LIMITATION OF LIABILITY. IN NO EVENT WILL THE LIABILITY OF RME IN CONNECTION WITH THIS TOS, THE WEB SITE OR SERVICES EXCEED $100.
- ADDITIONAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE DEPENDING ON HER, HIS, OR ITS STATE OF RESIDENCE.
- International Use. The Web Site and Services are controlled and operated from facilities in the United States. RME makes no representations that the Web Site and Services are appropriate or available for use in other locations. Those who access or use the Web Site and Services from other jurisdictions do so by their own choice and are entirely responsible for compliance with local law, including but not limited to export and import regulations.
- Force Majeure. RME will not be liable for failing to perform under this TOS by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to RME to perform, fire, terrorism, natural disaster or war.
- Disputes. In light of RME's substantial contacts with the State of Connecticut, and your and our interests in ensuring that disputes regarding the interpretation, validity and enforceability of the TOS are resolved on a uniform basis, and RME's execution of, and the making of, the TOS in Connecticut, you agree that: (i) any claim, cause of action or dispute you have with RME and any litigation involving any noncompliance with or breach of the TOS, or regarding the interpretation, validity and/or enforceability of the TOS, must be filed and exclusively conducted in the state or federal courts in Connecticut; and (ii) the Agreement shall be interpreted in accordance with and governed by the laws of the State of Connecticut, without regard for any conflict of law principles. You agree to submit to the personal jurisdiction of the state or federal courts in Connecticut for these purposes.
- Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to. or connected with your use of the Web Site or Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
- Changes to the Web Site or Service. RME may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Web Site or the Services, temporarily or permanently, at any time without notice to you, and RME will not be liable for doing so. Without limiting the foregoing, if you do not agree with any changes made to the Web Site you may terminate your account as set forth below.
- By RME. RME will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your account or your access to the Web Site or Services, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of this TOS. (ii) your violation of the rights of any third party: (iii) in the case of Services features that require payment, the invalidity of your credit card, your exceeding your credit card limit or "chargeback" of a fee or other payment; or (iv) your user account becoming inactive for an extended period of time.
- By You. If you are a User, you may terminate your account or access for any reason at any time subject to this TOS.
- Effect of Termination. If your account is terminated, RME may, in its sole discretion, delete any web sites, files, graphics or other content or materials relating to your use of the Web Site or Services on servers owned or operated for RME or otherwise in its possession, and RME will have no liability to you or any third party for doing so. Following termination, you will not be permitted to use the Web Site or the Services. If your account or your access to the Web Site or Services is terminated, RME reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Web Site or the Services, including, but not limited to, technological barriers, IP mapping and direct contact with your Internet Service Provider (ISP). If your account is terminated, you must immediately pay RME any fees that you owe it. Regardless of whether you have the right to access or use the Web Site or the Services, this TOS will survive indefinitely unless and until RME chooses to terminate it.
- Notices and Electronic Communications. All notices required by or permitted to be given under this TOS will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If you give notice to RME. you must use the address shown on the Web Site. If RME provides notice to you, RME must use the contact information provided by you to RME. All notices will be deemed received as follows: (i) if by hand-delivery. on the date of delivery, (ii) if delivery by U.S. Mail, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.
- Additional Terms. This TOS contains the entire understanding of you and RME regarding the use of the Web Site, and supersedes all prior and contemporaneous agreements and understandings between you and RME regarding its subject matter. This TOS will be binding upon each party hereto and its successors and permitted assigns. and governed by and construed in accordance with the laws of the State of Connecticut without reference to conflict of law principles. This TOS and all of your rights and obligations under them (including. without limitation, your user-ship, if any) will not be assignable or transferable by you without the prior written consent of RME. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege under this TOS. You and RME are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.