This user agreement ("agreement") is a contract between you and Boardvitals LLC, and applies to your subscription to and use of products and services available through www.Boardvitals.com (collectively the "services"). If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access the services.
You must read, agree with, and accept all of the terms and conditions contained in this agreement before you become a subscriber to and user of Boardvitals LLC' services.
We may amend this agreement at any time by posting the amended terms on our site www.Boardvitals.com (the "site"). Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. Upcoming changes will also be posted on this page.
In this agreement, "you" or "your" means any person or entity subscribing to and/or using the service ("users"). Unless otherwise stated, "Boardvitals LLC," "we," or "our" will refer collectively to Boardvitals LLC. PLEASE READ THE FOLLOWING USE, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO OUR MATERIAL.
In consideration of and subject to your payment of the appropriate subscription fee for the services you subscribe to, and your agreement to and compliance with the terms and conditions set forth in this agreement, Boardvitals LLC grants to you a non-exclusive, non-sub licensable, non-transferable license, and right to use and access the Boardvitals LLC content (the "licensed materials") from multiple places/locations/computers at "different times." You are not allowed to access the Boardvitals LLC content from multiple places/locations/computers at "same" time. Agreeing to the terms of this agreement includes the following:
You have to use a Boardvitals LLC recommended version of operating system, Internet browser and any other required softwares to access the licensed materials. Our system requirements are available for review here.
Software Use Terms
While a test is in progress, the Boardvitals LLC software shall disable all clipboard functions of your computer system (including, but not limited to, copy-paste-print, save-to-disk functions). Furthermore, the Boardvitals LLC software shall monitor all processes on your computer to determine if there exists any applications that could be used (intentionally or unintentionally) to copy contents. Simultaneous use of such applications (hereafter referred to as "dubious applications") with the Boardvitals LLC software constitutes a violation of this agreement. Boardvitals LLC reserves the right to determine which application classifies as a "dubious application." When such a process (or) application is found to be active on a user's machine, the administrator will be notified with the "dubious" process name and the user will also be notified with instructions to disable it on every attempt. In addition, Boardvitals LLC reserves the right to disable the launch of any test(s), if any such "dubious application" is found to be active on the user's computer system. The user also understands and acknowledges this disabled function and agrees not to copy or duplicate any material on Boardvitals LLC.com by any means as part of the subscription terms.
The user authorizes Boardvitals LLC software to access the computer on which the self-assessment exam is being taken, and monitor every keyboard stroke for that computer. The user also agrees to only use a computer mouse when taking the self-assessment exam. In the event that more than three (3) keyboard strokes are detected, Boardvitals LLC reserves the right to suspend the user's subscription, report such unethical actions to medical committees and residency programs, and pursue legal action if necessary. Boardvitals LLC will always keep your account and exam performance results confidential and will not provide such information to third parties without your consent. In the event that an educational institution, i.e. medical school, residency program(s), pays for the user's self-assessment subscription, the educational institution can request the performance results from Boardvitals LLC through the written consent of the user.
Export Restrictions on International Sales
In accordance with current U.S. export restrictions, Boardvitals LLC Software(s) may be downloaded by individuals throughout the world except those in the following embargoed countries: Cuba, Iran, Syria, North Korea, Myanmar (formerly Burma), and Sudan. If you are in one of these countries, you may not download Boardvitals LLC Software(s).
If you are residing in any of these countries, please do not purchase a subscription or download any Boardvitals LLC software(s).
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.
Except as otherwise provided in this agreement or at the sole discretion of Boardvitals LLC, no refunds, cancellations, or changes to subscriptions will be allowed.
Member Account/Password and Security
You must complete Boardvitals LLC registration process in order to subscribe to and use the services by providing us with current, complete, and accurate information as prompted by the applicable registration form. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Boardvitals LLC immediately of any unauthorized use of your account or any other breach of security. Boardvitals LLC 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 Boardvitals LLC or another party due to someone else using your account or password.
The licensed materials, including all intellectual property rights in the licensed materials, such as copyright, are the sole and exclusive property of Boardvitals LLC. By indicating that you accept these terms, you do not become the owner of the licensed materials, but are entitled to use them according to the terms of this agreement.
You have obtained 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 current terms and conditions. The subscription will start immediately after the activation unless the user notifies Boardvitals LLC with a desired start date before using any part of the subscription. Subscription(s) cannot be suspended temporarily or reactivated later. The user must use the subscribed material within the subscription period and no free extensions are offered for any unused period. Renewals are offered as a continuation to current subscription term. Renewals are not offered for later use after expiration of current subscription. The user must renew the subscription prior to expiration and use it continuously. Renewal will only be provided to the course subscribed. Some courses are offered as a combination package(s) and the renewal will only be allowed for individual courses in the package but not for combined packages. Renewals allow the user to work for extended period on the existing test information. This agreement and your license to use the icensed materials will also terminate in Boardvitals LLC sole discretion, if you fail to comply with any term or condition in this agreement.
You are expressly prohibited from copying, reverse engineering, 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 chartrooms. You many not use any device, software , or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted at the site. 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 Boardvitals LLC are monitored for multiple logons. In the event that Boardvitals LLC believes in its sole discretion that an account is being used by multiple users at the same time, Boardvitals LLC 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. Therefore, please do not disclose your ac
count details to anyone else.
In the event that you breach any term of this agreement, Boardvitals LLC may in its sole discretion terminate this agreement, your access to the site, and its provision of services to you without refund, and Boardvitals LLC reserves the right to seek all remedies available by law and in equity for such breaches.
The ABPN (Amreican Board of Psychiatry and Neurology) and the United States Medical Licensing Examination™ (USMLE™) is a joint program of the Federation of State Medical Boards (FSMB), ABPN and National Board of Medical Examiners® (NBME®). None of the trademark holders are affiliated with Boardvitals LLC. The other trademarks, logos, and service marks displayed on the site are the property of Boardvitals LLC. Users are prohibited from using any Boardvitals LLC marks without the written permission and consent of Boardvitals LLC. All content on the site is protected by copyright.
Boardvitals LLC PROVIDES ITS SERVICES "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. Boardvitals LLC does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made through the site by any party other than Boardvitals LLC. Other than as required under consumer protection law, under no circumstance will Boardvitals LLC be liable for any loss or damage caused by a user's reliance on information obtained through the site. 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 site. Please seek the advice of professionals as appropriate regarding the evaluation of any specific information, opinion, advice, or other content. The information provided in Boardvitals LLC is 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. Boardvitals LLC should be used as a tool to help medical students pass the exams. Boardvitals LLC reserves the right to withdraw subscriptions and the complete site if necessary. If this ever becomes necessary, users will only pay for the time of their subscription that has elapsed (on a pro-rata basis). Boardvitals LLC will use reasonable efforts to rectify any error that occurs on its site but does not guarantee access to the site in case of software errors/viruses/other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort. Boardvitals LLC will use reasonable efforts to keep its site online at all times. The user understands, however, that scheduled maintenance and problems out of the control of Boardvitals LLC can cause the site to be temporarily unavailable.
Limitation of Liability
Boardvitals LLC 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 site, this agreement, and our services, even if Boardvitals LLC has been advised of the possibility of such damages, including liability associated with any medical malpractice or viruses, which may infect a user's computer equipment. Boardvitals LLC maximum liability arising out of or in connection with your use of its services and site, 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, Boardvitals LLC will maintain the confidentiality of all user communications, which contain personal user information and which are transmitted directly to Boardvitals LLC. 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 Boardvitals LLC 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 Boardvitals LLC.
Search engines and web crawlers
The information that is posted on Boardvitals LLC Forums is routinely indexed by search engines and web crawlers (like Google, MSN, Yahoo, etc.). Therefore, when an online search is conducted, the information posted might show up in search results. If you do not wish your posting to be made publicly available or indexed by third-party search engines, then do not make a post on our forums.
Linked Internet Sites
Boardvitals LLC is not responsible for the content available on any other Internet sites linked to the site. Access to any other Internet sites linked to the site is at the user's own risk.
You may link to the home page of our website as long as the link does not cast us in a false or misleading light.
Boardvitals LLC is under no obligation to review any messages, information, or content ("Postings") posted on the site by users, and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, Boardvitals LLC may from time to time monitor the postings on the site and may decline to accept and/or remove any postings that contain: 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 which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Advertisements or solicitations of any kind. Messages posted by users impersonating others. Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. Messages by non-spokesperson employees of Boardvitals LLC purporting to speak on behalf of Boardvitals LLC. Messages that offer unauthorized download of any copyrighted or private information. Multiple messages placed within individual folders by the same user restating the same point. Chain letters of any kind.
In accordance with the Digital Millennium Copyright Act or DMCA, Boardvitals LLC encourages all copyright infringement claims to be made in writing. Any registered user or visitor to the Boardvitals LLC website who believes they are a victim of copyright infringement should notify the Boardvitals LLC DMCA agent immediately.
If you are the copyright owner or an agent acting on behalf of the copyright owner, please provide us the following information: The description of the probable copyright infringement material(s); Any information that can assist Boardvitals LLC agents to properly pinpoint the information, including URL's, infringer's user ID, URL of the page, date of posting, etc.; Detailed contact information, including your full name, address, e-mail, and telephone number; Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."; Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." Written communication should be sent to: help@Boardvitals.com
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 Texas in the 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 Dallas, Texas in the 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 Boardvitals LLC (info@Boardvitals LLC.com) at any time.
At boardvitals.com, we recognize that privacy of your personal information is important. Here is information on what types of personal information we receive and collect when you use and visit boardvitals.com, and how we safeguard your information. We never sell your personal information to third parties.
Log Files As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site.
You can chose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.