Terms and Conditions


USMLERx USER AGREEMENT

Important Notice to USMLERx Website Users:

By entering the USMLERx Website and using its resources, you are agreeing to be bound by the following Terms and Conditions.

If you do not wish to be bound by these Terms and Conditions, please exit the Website immediately.

Terms and Conditions of Use
This USMLERx User Agreement ("Agreement") is a contract between you and MedIQ Learning, LLC, owner and operator of the USMLERx Website ("USMLERx"), and applies to your subscription to and use of products, services and other resources available through www.usmlerx.com (collectively the "Resources"). If you do not agree to be bound by the Terms and Conditions of this Agreement, please do not use or access the Resources, and please exit the USMLERx Website immediately.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement before you may become a subscriber to and user of the Resources.

We may amend this Agreement at any time by posting the amended terms on our Website www.usmlerx.com (the "Website"). Except as stated below, all amended terms shall be effective immediately upon posting on our Website.

In this Agreement, "you" or "your" will refer to any person or entity subscribing to and/or using the Resources pursuant to the Terms and Conditions of this Agreement (each one a "User" and collectively "Users"). Unless otherwise stated, "USMLERx," "we" or "our" will each refer to MedIQ Learning, LLC, a Kentucky limited liability company.

READ THE FOLLOWING USE, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE ENTERING AND/OR USING THE USMLERx WEBSITE.


License: In consideration of and subject to your payment of the appropriate subscription fee for the Resources you subscribe to, and your agreement to and compliance with the terms and conditions set forth in this Agreement, USMLERx grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use and access the content posted at the Website (the "Licensed Materials") according to the Terms and Conditions set forth in this Agreement.

Term: The term of this Agreement and the license granted in this Agreement shall be concurrent with the term of your subscription to the Website ("Term") and may be terminated earlier than the expiration of your subscription as provided below.

Access: You may access the Website during the Term from multiple places, locations and computers, but you are not allowed to access the Licensed Materials from more than one place, location or computer at the same time.

System-Browser Requirements: You must use a USMLERx recommended version of Internet Explorer (version 6.0 and above), Firefox 1.0, or Safari 1.0 to access the Licensed Materials. All Users are required to log-in from a computer that has a minimum of Windows XP/ME or Mac OS 10.3, 256 MB RAM, Macromedia Flash 7, a monitor with a minimum resolution of 1024 x 768 pixels, and a broadband Internet connection to review any of our Licensed Materials. We do not actively support other operating system environments including Linux and Unix. Accessing the contents of courses by disabling scripting Internet options is a violation of the Terms and Conditions of this Agreement. When you are reviewing course material at the Website, you will not be able to do any copy-paste operation on your computer. User understands and acknowledges that the disabling of these functions is a material portion of the Terms and Conditions.

Access to Course Content: You shall be allowed to use the Licensed Materials for the specific course(s) and matter to which you have subscribed. Each course has its own subscription fees and course duration. You are not allowed to access the content of courses that you have not subscribed to. Subscribing to one course (like STEP 1 Qmax) does not mean that you will have access to all materials (like STEP 2 CK Qmax).

Refunds: USMLERx will refund your full subscription if a written request is made to USMLERx within the first five days of a subscription. Except as otherwise provided in this Agreement or in the sole discretion of USMLERx, no refunds or cancellations or changes to subscriptions will be allowed.

Pass the Boards Guarantee: If you fail the USMLE while using the corresponding USMLERx product, you may be eligible for an extension of your USMLERx subscription for up to three months. To be eligible for the extension, you must (1) have had an active, paid subscription on USMLERx within 7 days of your USMLE test date, (2) provide us a copy of the failing score and the first NBME scheduling permit, (3) provide us a copy of the second NBME scheduling permit for your next USMLE examination. Once we verify this information, you will receive a one month extension for each month that you had subscribed to USMLERx, not to exceed three months. The extension will be applied to your existing subscription and will not constitute a new subscription. Limit one extension per paid subscription. Offer void if you did not complete the USMLE examination.

Member Account/Password and Security: You must complete USMLERx's registration process in order to subscribe to and use the Resources by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify USMLERx immediately of any unauthorized use of your account or any other breach of security. USMLERx will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by USMLERx or another party due to someone else using your account or password.

Ownership: Except as otherwise provided below, the Licensed Materials, including all intellectual property rights in the Licensed Materials, such as copyright and trademark, are the sole and exclusive property of USMLERx. By indicating that you accept these Terms and Conditions, you do not acquire any ownership interests of any kind in the Licensed Materials, but you are entitled to use them according to the terms of this Agreement.

Content from the FIRST AIDTM Series. Content from various titles in the FIRST AIDTM series published by The McGraw-Hill Companies is posted at the Website for the primary purpose of soliciting comments, corrections, suggestions, updates, revisions, and "personal high-yield facts" (collectively "Revisions") of such content for use in future editions of the FIRST AIDTM titles. You are invited to submit Revisions by email to info@usmlerx.com. By submitting Revisions, you are thereby granting USMLERx the non-exclusive but irrevocable right (but not the obligation) to adapt and generally use any such Revisions in future editions of the FIRST AIDTM titles and other publications without credit or compensation of any kind. The USMLERx will rely on your agreement to the foregoing terms in making use of Revisions. If you are not willing to grant the rights in the Revisions as described above, do not submit any Revisions.

Subscription term: The license granted to you under this Agreement includes the right to use and access the Licensed Materials for the course(s) you have subscribed to for the subscription period of that course(s). At the end of this period, your right to use and access the Licensed Materials will expire automatically, unless you renew your subscription under the then current Terms and Conditions. This Agreement and your license to use the Licensed Materials are also subject to termination by USMLERx, at its sole and absolute discretion, if you fail to comply with any term or condition in this Agreement.

Permitted uses: Some of the content of the Website is configured in a manner that permits you to print it for your personal use ("Printable Content"). You may print out the Printable Content from the most current version of the Website solely for your personal educational use if you include a source reference to USMLERx and its copyright notice. No other copies may be made and/or transmitted. All print-outs of Printable Content must include the USMLERx copyright notice, which appears on the Printable Content. USMLERx reserves the right to withdraw permission to print out content at any time in its sole and absolute discretion. Except as provided in this Agreement, you may not print out any of the content appearing at the Website.

Prohibitions: Except as otherwise expressly provided in this Agreement, you are expressly prohibited from copying, downloading, printing out, transmitting, broadcasting, disseminating, reverse engineering and/or modifying any or all of the Licensed Materials. No part of the Licensed Materials may be copied for resale or other commercial use, or offered for sale or reproduced on any bulletin boards, web sites, discussion forums, Internet domains, or online chat rooms. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted at the Website. You may not disclose or share your password with any third parties or use your password for an unauthorized purpose.

Restriction against transfer: You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials. All accounts at USMLERx are monitored for multiple log-ons. In the event that USMLERx believes in its sole and absolute discretion that an account is being used by multiple users at the same time, USMLERx reserves the right to terminate that account without any notice or refund. We also retain the right to sue on grounds of breach of contract, copyright infringement, and other available legal claims. Therefore, please do not disclose your account details to anyone else.

Violations: In the event that you breach any of the Terms and Conditions of this Agreement, USMLERx may, in its sole and absolute discretion, terminate this Agreement, your access to the Website and its provision of Resources to you without refund, and USMLERx reserves the right to seek all remedies available by law and in equity for such breaches.

Trademarks: Except as otherwise indicated below, all trademarks, service marks, trade dress, logos and other source-identifying features of the Website and the Licensed Materials (collectively "USMLERx Marks") are the property of USMLERx. You are prohibited from using any of the USMLERx Marks without the prior written permission of USMLERx.

Some trademarks belonging to third parties, such as FIRST AIDT, are used on the Website with the permission of the trademark owner.

Some trademarks belonging to third parties, such as USMLE, are used pursuant to the Fair Use Doctrine for purposes of commentary, criticism, instruction, and other purposes entitled to protection under the Fair Use Doctrine.

By way of example, USMLE is a trademark of the National Board of Medical Examiners, and is used here pursuant to the Fair Use Doctrine.

No sponsorship or endorsement by, or affiliation with, the National Board of Medical Examiners or other trademark owners is claimed or implied by USMLERx.

Copyright: All content on the Website, and the selection, presentation and arrangement of content, are Copyright © 2006-2008 by MedIQ Learning, LLC. All rights are reserved by MedIQ Learning, LLC. All such copyrights are fully protected under the United States Copyright Act and international copyright law. Except as provided in this Agreement for so long as this Agreement remains in effect, the content on the Website may not be used for any purpose whatsoever without the prior written authorization of USMLERx.

Notice and Procedure for Making Claims of Copyright Infringement: USMLERx will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this site:
Service Provider(s): __________
Name of Agent Designated to Receive Notification of Claimed Infringement: Jonathan Kirsch
Full Address of Designated Agent to Which Notification Should be Sent:
Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067
Telephone Number of Designated Agent: (310) 785-1200
Facsimile Number of Designated Agent: (310) 286-9573
Email Address of Designated Agent: jk@jonathankirsch.com To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the allegedly infringing material and information reasonably sufficient to permit the service provider to locate such allegedly infringing material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner whose right is allegedly infringed.

Privacy Policy: USMLERx conducts research on our users' demographics, interests, and behavior based upon the information you provide us at registration, during a promotion, or from surveys, as well as information generated by or maintained in our server log files. We do this to better understand and serve our users. Our research is compiled and analyzed on an aggregated basis, and, occasionally, we share this aggregated data with advertisers or business partners. USMLERx will not sell or trade your personal information to any list broker or direct mail advertisers. However, we do reserve the right to sell, trade or share your name and E-mail address to other companies, institutions, organizations or web sites that provide content, products, or services to USMLERx. You also agree that, in the event that USMLERx is acquired by, merges with, or becomes aligned with another company or organization, such other company or organization shall be entitled to use your personal information under the terms of this Agreement. USMLERx may sometimes permit third parties to offer subscription and/or registration based services through the Website. In this event, USMLERx is not responsible for any actions or policies of such third parties, and you should check the applicable privacy policy and other terms and conditions of such parties before providing any personal information. Once you have registered with USMLERx, you will not be able to delete your profile or any records of your activity or usage of the Website from our database. You will, however, be able to update or change your personal information on file with USMLERx. USMLERx may employ "Cookie" technology to keep track of a user's current session and to keep track of user information between visits. Cookies are small text files stored on your computer that a web site can use to recognize repeat users and to facilitate each user's ongoing access to and use of a web site. Generally, cookies work by assigning a unique number to the user that has no meaning outside of the assigning site. You should be aware that USMLERx cannot control the use of "Cookies" by advertisers or third parties hosting data for USMLERx. In our continuing effort to protect the privacy interests of our users, we encourage you to voice your privacy concerns. If you have any questions about our Privacy Policy, please feel free to contact us at info@usmlerx.com.

Advertisements: The Website contains advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, USMLERx does not endorse any product or service or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Website.

Links: The Website may contain links to third party websites. If so, these links are provided solely as a convenience to you. USMLERx is not responsible for the content of any linked third party sites, and does not make any representations regarding the content or accuracy of any content or materials on such third party websites. If you access any linked third party web site, you do so at your own risk. Your use of third party web sites is subject to the terms and conditions of use for those sites.

No warranties: USMLERx PROVIDES THE RESOURCES AND LICENSED MATERIALS "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
1. USMLERx does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, information, or other statements made through the Website by any party other than USMLERx.
2. Other than as required under applicable consumer protection law, under no circumstance will USMLERx be liable for any loss or damage caused by a User's reliance on content obtained through the Website, including but not limited to opinions, advice, information, or other content. It is the responsibility of the user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
3. The Resources provided by USMLERx are no substitute for individual patient assessment based upon the healthcare provider's examination of each patient and consideration of laboratory data and other factors unique to the patient.
4. The Resources provided by USMLERx should be used only as a tool to assist the User in preparing for exams and for no other purpose. However, USMLERx makes no representations or warranties of any kind whatsoever regarding the outcome of any exams that the User is preparing to take or may take after using the Resources provided by USMLERx.
5. USMLERx reserves the right to terminate the operation of all or any portion of the Website at its sole and absolute discretion and, if so, to limit or withdraw the User's subscription. If this ever becomes necessary, Users will pay only for the time of their subscription that has elapsed (on a pro-rata basis).
6. USMLERx will use reasonable efforts to rectify any errors that occur on the Website but does not guarantee access to the Website in case of software errors/viruses/other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort.
7. USMLERx will use reasonable efforts to keep its Website online at all times. User understands, however, that scheduled maintenance and problems out of the control of USMLERx can cause the Website to be unavailable temporarily.

Limitation of liability: USMLERx specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, this Agreement, the Resources and/or the Licensed Materials (even if USMLERx has been advised of the possibility of such damages), including liability associated with any medical malpractice or viruses that may infect a user's computer equipment. USMLERx's maximum liability arising out of or in connection with your use of the Resources, the Licensed Materials and the Website, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed your subscription fee. Confidentiality of User communications: Except as required by law, USMLERx will use its reasonable best efforts to maintain the confidentiality of all User communications that contain personal User information and that are transmitted directly to USMLERx. Postings by a User on any public arena, such as a message board or in any chat room, will not be protected as confidential and USMLERx may use and disclose information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) for any purpose deemed appropriate by USMLERx.

Linked Internet sites: USMLERx is not responsible for the content available on any other Internet sites linked to the Website. Access to any other Internet sites linked to the Website is at the User's own risk.

Postings: USMLERx is under no obligation to review any messages, information or content ("Postings") posted on the Website by Users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, USMLERx may from time to time monitor the Postings on the Website and may decline to accept and/or remove any Postings that contain:
1. Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
2. Advertisements or solicitations of any kind.
3. Messages posted by Users impersonating others.
4. Personal information such as messages that state phone numbers, Social Security numbers, account numbers, addresses, or employer references.
5. Messages by non-spokesperson employees of USMLERx purporting to speak on behalf of USMLERx
6. Messages that offer unauthorized download of any copyrighted or private information.
7. Multiple messages placed within individual folders by the same user restating the same point.
8. Chain letters of any kind.

Transmission of personal data: User acknowledges and agrees that by providing USMLERx with any personal or proprietary User information through the Website, User consents to the transmission of such personal or proprietary User information over international borders as necessary for processing in accordance with USMLERx standard business practices. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. This Agreement is governed by the internal substantive laws of the State of Kentucky, United States of America, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within Louisville, Kentucky, United States of America. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Should you have any questions regarding this agreement, you may contact USMLERx at any time at info@usmlerx.com.