Terms of Service

Posted 12-10-09

ACCESS TO AND USE OF THE REALCME WEBSITE ("THE SITE"), AND/OR ITS WEB-BASED ONLINE, MOBILE AND WIRELESSCONTINUING MEDICAL EDUCATION COURSES, TRACKING AND ANALYTIC TOOLS, TOGETHER WITH ANY THIRD PARTY CO-BRANDED VERSIONS THEREOF (COLLECTIVELY THE "SERVICE") ARE SUBJECT TO THESE TERMS AND CONDITIONS (THE "AGREEMENT"). THE REALCME SERVICE IS DESIGNED FOR HEALTH PROFESSIONALS WITHIN THE UNITED STATES. TO USE THE SERVICE, YOU MUST ESTABLISH AN ACCOUNT USING THE ONLINE REGISTRATION PROCESS. YOUR REGISTRATION FOR, OR USE OF, THE SITE AND SERVICE IS DEEMED TO BE A BINDING AGREEMENT BETWEEN YOU AND REALCME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT PROCEED WITH THE REGISTRATION OR USE OF THIS SERVICE. THIS AGREEMENT, INCLUDES BUT IS NOT LIMITED TO, THE REALCME PRIVACY POLICY, INCORPORATED HEREIN BY THIS REFERENCE. REALCME RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANYTIME BY POSTING SUCH MODIFICATIONS TO THIS WEBSITE, OR SERVICE. YOUR CONTINUED USE OF THIS WEBSITE OR SERVICES AFTER SUCH POSTING SIGNIFIES YOUR AGREEMENT TO SUCH MODIFIED TERMS. FOR PURPOSES OF THESE TERMS AND CONDITIONS THE SERVICES SHALL INCLUDE CO-BRANDED AND "POWERED BY" VERSIONS OF THE SERVICE Throughout these terms and conditions, RealCME, the Site and the Service may be referenced collectively as "we" "us", "our". References to "you", "your" "user" refer to users of the website, mobile or wireless platforms and Service.
  1. RealCME's privacy policy may be viewed at www.realcme.com. RealCME reserves the right to modify its privacy policy in its discretion from time to time. Upon registration users will have an opportunity to opt out of receiving alerts and other non critical Service related communications from RealCME, however since the service is a hosted online, mobile or wireless application, RealCME may from time to time notify users (regardless of their opt out status) about the operation of the Service and users accounts.
  2. License Grant, Restrictions, and Intellectual Property Ownership: RealCME grants you a non exclusive, non transferable right to use the website and Service solely for your personal, non commercial, non competitive use, subject at all times to the terms and conditions of this Agreement. All forms of educational, literary and scientific materials, audio and videos content, , text, photographs, designs, marks and logos (the "Content"), software, and web-based authoring, tracking and analytic tools ( the "Technology") provided through the Service and/or this website are owned, licensed and/or controlled by RealCME, its third party content publishers ("Licensors"), and medical education providers ("Business Associates") All rights not expressly granted to you are reserved by RealCME and its Licensors. You may not (i) license, sublicense, post, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the website , Service, Technology or Content in any way; (ii) modify, edit or copy the Service, Content or Technology, and are restricted from making derivative works from the Service, Content or Technology. This license to access the Site or, Service may not be shared or used by more than one individual. RealCME (together with its Licensors and Business Associates, where applicable) own all right, title and interest in and to all intellectual property related to the RealCME Site, Service, Technology, and Content. This Agreement does not convey to you any rights of ownership in the Service, Content, Site or Technology. RealCME reserves the right, at its sole discretion, to change, modify add or remove any portion of the Site or Services, in whole or in part, at any time
  3. User Responsibilities. (a) Password and Security: You are solely responsible for all activity occurring under your password or account used to access the Service and you are responsible for maintaining the confidentiality of your password and account and ensuring that you exit from your account at the end of each session. You are responsible for notifying RealCME immediately in the event of any unauthorized use of any password or account or any other known or suspected breach of security. Neither RealCME, nor any of its Licensors or Business Associates are liable for any loss or damage arising from your failure to comply with your responsibilities; (b) Account Information and Data: You are solely responsible for all aspects of the information you submit ("Customer Data") in the course of registering for and using the Service. RealCME is not responsible or liable for the loss, destruction, deletion or failure to store any Customer Data
  4. Third Party Interactions, Affiliations, Co Branded Relationships. RealCME routinely works with a variety of third parties to provide the Services through various websites, mobile and wireless platforms "Wireless Platforms" and to provide links to other websites. These Third Party Sites and Wireless Platforms may include accrediting bodies, content publishers, technology providers and Business Associates who may, in conjunction with RealCME, provide a co-branded, or a "powered by" version of the Service. These entities may supply information or content to this Website and the Service ("Third Party Websites, and Wireless Platforms"). RealCME may provide links to Third Party Websites and Wireless Platforms . RealCME does not endorse and has no responsibility for the availability of any Third Party Sites or Wireless Platforms . These links are provided as a matter of convenience and RealCME has no control over the Third Party Sites or Platforms and in no event shall RealCME be liable for any damage or loss resulting from any use or reliance on any materials, content or service provided through such Third Party Sites or Platforms . You acknowledge and understand that certain Third Party Sites or Wireless Platforms may require your agreement to additional or different terms and conditions and privacy policies prior to your use of, or access to certain services, software or websites. In the case of co-branded or" powered by" version of the Service, the Business Associate's terms and conditions and privacy policy may govern your use of the co-branded or "powered by" version of the Service.
  5. Third Party Accreditation. RealCME takes no responsibility for any aspect of continuing medical education credits that may be issued as a result of your use of the Service.
  6. Termination. Any breach or unauthorized use of the RealCME Service, technology or website will be deemed a material breach of this Agreement. RealCME may, in its sole discretion, with or without notice to you, immediately terminate or suspend your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In the event of a termination for material breach, RealCME shall have no obligation to retain Customer data and may delete such Customer Data, without further notice to you. RealCME may also in its sole discretion and at anytime discontinue providing the Site, the Service or any portion thereof, for any reason, with or without notice to you. You agree that RealCME shall not be liable to you for any termination of your access to the Site, or Service.
  7. No Medical Advice. This Site and Service together with any content provided by or through it, is intended for use as medical education only and should not be construed as medical advice. This Service is intended for health professionals from the United States only. Health professionals who use the Service assume full responsibility for appropriate use of the information available through this website and the Service. RealCME recommends that Health professionals exercise their own clinical judgment as to the information provided by or through the Service and confirm all information provided by or through this Service with outside sources before basing any treatment on it.
  8. Disclaimer of Warranty. THIS WEBSITE, THE SERVICE AND ALL CONTENT, AND TECHNOLOGY ARE PROVIDED STRICTLY ON AN AS-IS BASIS. YOU USE THIS SERVICE AT YOUR OWN RISK. REALCME AND ITS LICENSORS AND BUSINESS ASSOCIATES OFFER NO WARRANTY OR GUARANTEE RELATED TO THE WEBSITE, SERVICE, WIRELESS PLATFORMS TECHNOLOGY OR CONTENT AND EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY EXPRESS, OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU MUST EVALUATE THE INFORMATION CONTAINED WITHIN THIS SITE AND SERVICE AND MAKE YOUR OWN DETERMINATIONS BASED UPON YOUR PROFESSIONAL JUDGMENT. MUCH OF THE CONTENT AND INFORMATION PROVIDED BY AND THROUGH THIS SITE AND SERVICE ARE PROVIDED BY THIRD PARTIES AND AS SUCH REALCME IS NOT RESPONSIBLE FOR IT. REALCME FURTHER DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE; (B) THE SERVICE WILL MEET YOUR REQUIREMENT OR EXPECTATIONS; OR (C) ERRORS WILL BE CORRECTED.
  9. Limitation of Liability. RealCME, its officers, directors, affiliates, agents, Licensors, Business Associates and suppliers are not liable for any claims or losses whatsoever of any kind, whether direct, incidental, indirect, consequential, special, punitive or exemplary damages of any kind whether arising from an action in contract, tort or otherwise, related to or in connection with this Site, any Wireless Platforms or any Service or information made available on or through this Site or Service or your use thereof. Without limiting the generality of the foregoing RealCME and its affiliates shall not be liable for any claims or losses including lost revenue, or profits, loss of data or business, in connection with or in any way related to the use of or inability to use this Site, the Wireless Platforms or the Service or for any claim or injury based upon errors, omissions, interruptions or other inaccuracies in this Site, Wireless Platforms, Service or content residing therein, or any decision made or action taken in reliance on the content contained on or accessible through the website, the Wireless Platforms or Service, including without limitation personal injury or death, even if RealCME has been advised of the possibility of such damages. Your sole remedy for any claims in connection with this Site, the Wireless Platforms or Service is to discontinue using this site, the Wireless Platforms and Service and any related information or services. The foregoing limitation shall apply and survive notwithstanding any failure of essential purpose of any remedy.
  10. Additional Rights. Certain states and or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above in Section 10, may not apply to you.
  11. Indemnification. You agree to defend, indemnify and hold harmless RealCME, its directors officers, agents, employees, licensors, Business Associates and suppliers from and against any and all claims, actions, demands, liabilities or losses including reasonable legal and accounting fees resulting from or alleged to have resulted from your violation of the terms and conditions of this Agreement, or your use or reliance on this Site, any Wireless Platform or Service or any content or information made available therein.
  12. Internet Delays. REALCME'S SITE AND SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET. REALCME IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
  13. Choice of Law. This Agreement, this Site and the Service are governed by and interpreted in accordance with the laws of the State of New York, without giving effect to any conflict of laws provisions. By using this Website. Wireless Platforms, and Service, you hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in the State of New York, Manhattan County. Any cause of action you may have with respect to your use of the Website. Wireless Platform or Services must be commenced within one (1) year after the claim or cause of action arises.
  14. Entire Agreement. These Terms and Conditions and the REAL CME privacy policy constitute the entire agreement between RealCME and you with respect to the Site, the Wireless Platforms and Service and supersedes all prior and contemporaneous communications and proposal, whether electronic, oral or written between you and RealCME with respect to the Site and Service.
  15. Survival. The following provisions survive any termination or expiration of this Agreement This Section 15, Sections 4,7,8,9,10, 11, 13 16, 17, and 18.
  16. Notice Copyright Agent. You may request removal of materials from this Website, Service, or Wireless Platform if you have a good faith belief that the materials infringe your copyright. Please contact RealCME and provide the following information: (i) description and location of the material to assist in locating the material; (ii) your name, address, email and telephone number (3) a statement, signed by the copyright holder that the use of the material on the Website is not authorized, that you believe the information you have provided is accurate.
  17. Severability/Waiver. If any provision of these terms and conditions is held by a court of competent jurisdiction to be unenforceable or invalid, then such provision shall be maximum extent permissible so as to effectuate the intent of these terms and conditions and the remainder of these terms and conditions shall continue in full force and effect. A failure by RealCME to exercise or enforce any right or provision of these terms and conditions will not constitute or be deemed a waiver of such right or provision
  18. Notices. RealCME may give notice by means of a general notice on the Service, website the Wireless Platforms, electronic mail to your e-mail address on record in your account information, or by written communication sent by first class main or pre-paid mail to your address in your account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid mail) or 12 hours after sending (if sent by email). You may give notice to RealCME (such notice shall be deemed given when received by RealCME) at anytime by letter sent by registered mail to: RealCME, Inc, 470 Seventh Avenue, Suite 404, New York, NY, 10018.
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