The terms “you,” “your” or “User(s)” refers to any individual accessing the Site or the Service for his/her own personal purposes.
Company may discontinue or alter any aspect of the Site or the Service, including, but not limited to, (i) restricting the time the Site or the Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating your right to use the Site or the Service, at our sole discretion and without prior notice or liability.
All materials contained in this Site or made available through the Service must only be used for certain approved purposes as established by Company. You may only view material from this Site for your own use or as otherwise expressly authorized by Company. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Site or Service or any part thereof.
This Agreement does not grant you any intellectual property license or rights in or to the Site, the Service, or any of its components. You recognize that the Site, the Service and its components are protected by copyright and other laws. Therefore, the reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, or transmission of material available on or through this Site or the Service is STRICTLY PROHIBITED without the prior written consent of Company or unless expressly permitted by this Site or the Service. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by Company, including Subscription Content (“Content”). The copying, posting, linking or other use of Content from this Site or the Service on any other web site or networked computer environment is also strictly prohibited. You are also strictly prohibited from creating works or materials that derive from or are based on the Content or other materials contained in this Site or the Service. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. You shall not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the Content, trademarks, service marks, logos or icons displayed on the Site or Service. Trademarks, service marks, logos and icons owned by third parties are the property of those respective third parties and this Agreement does not grant to you any license or other rights in or to those trademarks. Company does not warrant or represent that your use of the Content will not infringe the rights of third parties.
For certain aspects of the Site or the Service, you may be asked to register an account. In the event you agree to register an account, you will select or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. Company may refuse to grant a particular username to you for any reason, including, without limitation, in the event Company determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
By submitting content, regardless of form or medium, (collectively, "User Content"), you grant Company a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, license to use, publish, publicly display and sublicense User Content, in whole or in part, in original form or as edited or modified by us, in all languages, forms and media, on the Site and elsewhere, unless otherwise agreed to in writing. We reserve the right, but not the obligation, to edit, modify and/or remove your User Content without prior notice. Company accepts no responsibility whatsoever in connection with, or arising from, such User Content. You agree that Company accepts no liability whatsoever if it decides, in its discretion, to prevent your User Content from being submitted or if it edits, restricts or removes any User Content for any reason.
You are solely responsible for your User Content, and you represent that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the rights granted herein; (II) use a false identity or impersonate any other person or use a name that you are not authorized to use; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or give rise to civil liability or is otherwise inappropriate.
You should exercise discretion before relying on information contained on the Site, including User Content. You agree to evaluate, and assume all risks associated with the use of any information contained on the Site or Service, including, without limitation, any risk relating to any reliance on the accuracy, completeness or usefulness thereof.
The Site is not a backup service for storing User Content, and Company has and shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Site or the Service.
As a service to our users, we may provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products, or other materials on, or available from, such sites or resources, and the presentation of third-party links or content by Company is not intended to be an endorsement, sponsorship, or recommendation by Company. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or Service available on or through any third-party site or resource.
We do not endorse and are not responsible for the availability or content of other services that may be linked to our Site.
You shall not (nor cause any third party to) use the Site or the Service to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation:
- Transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfering with or disrupting the Site or the Service;
- Disrupting the activities or enjoyment of the Site or the Service for other users;
- Collecting or storing personal data about other users;
- Use of any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Site);
- Use of the Site to gain competitive intelligence about Company, the Site, or any product or service offered via the Site or to otherwise compete with Company or its affiliates;
- Framing or otherwise simulating the appearance or functions of the Site or any portion thereof; or
- Harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users.
You agree to abide by all applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, and are solely responsible for all acts or omissions taken by you (including actions that occur under your account or password, if any), including without limitation any of the User Content created or submitted by you.
Our course fee is $2,500 and includes the following:
- 6 mock oral examinations
- Content reviews
- Detailed debriefings
You agree to release Company, its members, managers, officers, employees, and agents from any and all liability and obligations whatsoever in connection with or arising from your use of the Site and the Service. If at any time you are not happy with the Site or the Service or object to any material within the Site or the Service, your sole remedy is to cease using them.
You shall defend, indemnify, and hold harmless Company and the Company Associates (as defined below) against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of or related to your alleged or actual use of, misuse of, or failure to use the Site or Service, including without limitation: (a) claims related to unauthorized disclosure or exposure of personally identifiable information or other private information, including your data; (b) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the Site or Service through your account, including without limitation by your data; and (c) claims that use of the Site or Service through your account harasses, defames, or defrauds a third party or violates the CAN-Spam Act of 2003 or any other law or restriction on electronic advertising. Indemnified Claims include, without limitation, claims arising out of or related to Company’s negligence. Your obligations set forth in this Section include retention and payment of attorneys and payment of court costs, as well as settlement at your expense and payment of judgments. Company will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations. (The “Associates” are Company’s officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns.)
Disclaimer and No Guaranty of Passage of Test
Use of the site and service is not a guaranty of passing the applied examination of the american board of anesthesiology standardized oral examination (soe) and the company will not be liable for your failure to pass the applied examination of the american board of anesthesiology standardized oral examination (soe).
Exclusion of Warranties / Disclaimer
Your use of the site is at your own risk. All information on the site and/or included in e-mails distributed to you by company are provided to you "As is" without warranty of any kind, either expressed or implied, including, but not limited to, any warranty of non-infringement or any implied warranty of merchantability or fitness for a particular purpose or any warranty that the site will be uninterrupted or error free.
Company gives no warranty of any kind regarding the site or the service, or content posted or otherwise made available therein. Further, company does not warrant the accuracy, completeness, currency, or reliability of any company content, that the results obtained from the use of the site or the service or company content will be accurate or reliable, or that the quality of the site or the service or company content will meet your expectations.
Any company content obtained through the use of the site or the service is done at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such company content or material.
Limitation of Liability
You expressly understand and agree that in no event shall company be liable to you for any consequential, indirect, special, incidental, or punitive damages arising out of or related to this agreement. In no event shall company’s total liability to you for direct damages, losses, and causes of action (including but not limited to contract, tort and negligence), or otherwise exceed the amount paid by you, if any, for accessing the site or the service. The liabilities limited by this article apply: (a) to liability for negligence; (b) regardless of the form of action, whether in contract, tort, strict product liability, or otherwise; (c) even if user is advised in advance of the possibility of the damages in question and even if such damages were foreseeable; and (d) even if user’s remedies fail of their essential purpose. If applicable law limits the application of the provisions of this section, user’s liability will be limited to the fullest extent permitted by law.
Term and Termination
Company reserves the right to terminate this Agreement effective immediately in the event that you violate the Agreement and for failure to pay for the Service. Further, you agree that Company shall not be liable to you or any third-party for any termination or suspension of your access to the Site or any part thereof or removal of Content. You may terminate this Agreement at any time by immediately discontinuing all access to the Site and by providing notice to Company of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which Company may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Site, the Service and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.
Governing Law and Forum
Other Miscellaneous Terms
Severability: If any provision of this Agreement is ruled unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable.
Entire Agreement: This Agreement contains the entire agreement between the parties. All prior discussions, compensation understandings, negotiations and agreements are merged herein. This Agreement may not be orally changed or canceled, but may only be changed or canceled by an agreement to such effect in writing signed by the party against whom enforcement of same is sought.
Notice: Notices under this Agreement shall be sent to the email address below as to Company and to such other email address as either party has provided. All notices under this Agreement may be made by email and will be deemed accepted as of the date and time of transmission.