PTE Masters LLC
User Terms of Service
1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
PTEM provides access to a rich collection of copyrighted materials that medical practitioners may use to prepare for the PTEeXAM and to assist them with clinical decision making in the operating room (collectively, the "PTEM Materials"). PTEM provides the PTEM Materials through a network of properties which may be accessed via the Internet (the "Service"). As a user of the Service, you understand and agree that the Service may also include advertisements that are necessary for PTEM to provide the Service, and the Service may include certain communications from PTEM, such as service announcements and administrative messages, and you will not be able to opt out of receiving such communications. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new PTEM Materials, shall be subject to the TOS. You understand and agree that the Service is provided "as-is" and that PTEM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or user personalization settings. You are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including any fees associated with the display or delivery of advertisements.PTEM is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 13 years of age to access and view the Service.
3. PTEM MATERIALS
The PTEM Materials are provided "as-is" and PTEM shall not be liable for any reliance on the PTEM Materials. The PTEM Materials include links to other relevant references and you should consult all relevant resources available to you prior to making any test and/or clinical decisions.
You acknowledge and agree that both the most advanced knowledge and best practices in the field of perioperative echocardiography and cardiothoracic anesthesiology are constantly changing and research and experience continuously expand knowledge, change practices, and vary uses of drugs, therapies, and treatments. You agree that you are obligated to research the most current information and guidelines relating to procedures featured in the PTEM Materials and, in the event that the PTEM Materials reference a particular pharmaceutical, you agree to abide by the manufacturer's recommendations for the drug and will verify the recommended dose or formula, the method and duration of administration, and any contraindications. As a medical practitioner, it is your sole responsibility to rely on your own experience and knowledge of any patient, to make diagnoses, to determine dosages and the best treatment for each individual patient, and to take all appropriate safety precautions.
Accordingly, you hereby release and hold harmless PTEM, its members, managers, owners, officers, directors, affiliates, and employees from any liability of any kind whatsoever for any damages, injuries and/or damage to persons or property arising out of or related to any use of the PTEM Materials and/or the Service, including but not limited to, failure to pass any exam, any adverse patient outcomes and any loss of employment due to failure to pass any exam. PTEM assumes no responsibility for any user's performance on any exam.
You understand that all information, data, text, software, photographs, graphics, video, messages and/or other materials ("Content"), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not PTEM, are entirely responsible for any Content that you upload, post, email, transmit or otherwise make available via the Service. PTEM does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PTEM be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that PTEM may or may not pre-screen Content, but that PTEM shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, PTEM shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PTEM or submitted to PTEM.
You acknowledge, consent and agree that PTEM may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of PTEM, its users and the public.
5. APPROPRIATE CONDUCT
You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only to review and/or to purchase a license to access the PTEM Materials. By way of example, and not as a limitation, you agree that when using the Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- post any inappropriate, defamatory, infringing, obscene, libelous or unlawful Content;
- post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post such Content;
- post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements;
- download any file posted by another user that you know, or reasonably should know cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;
- restrict or inhibit any other user from using and enjoying the Service;
- use the Service for any illegal or unauthorized purpose including but not limited to distributing spam;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
- submit Content that falsely expresses or implies that such Content is sponsored or endorsed by PTEM;
- create Member accounts (see Section 6 below) by automated means or under false or fraudulent pretenses;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; or
- engage in "ad slamming" of any nature, including the repeated clicking on advertisements to increase potential earnings to you as a publisher, to increase potential costs to an advertiser, or for any reason other than viewing an advertisement as a potential consumer.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
While PTEM prohibits the conduct and Content described above in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk.
6. REGISTRATION AND MEMBERSHIP
In order to use certain aspects of the Service, you are required to register and establish an online account with PTEM. We refer to registered users as Members and subject Members to the TOS, the Membership Agreement and the following specific terms:
(a) In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PTEM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PTEM has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
(b) You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify PTEM of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. PTEM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
(c) PTEM does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to such Content (including but not limited to articles, comments, photos, graphics, audio, or video you submit or make available), you grant PTEM a world-wide, royalty free, perpetual, unlimited, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display such Content via the Service or on any other PTEM property. PTEM reserves the right to syndicate the Content submitted, posted, and/or displayed by you and to use that Content in connection with other services offered by PTEM.
(d) You agree that PTEM may, under certain circumstances and without prior notice, immediately terminate your PTEM account, any associated email address, any associated username, and/or access to the Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the TOS or other incorporated agreements, guidelines, policies or rules, (ii) requests by law enforcement or other government agencies, (iii) unexpected technical or security issues or problems, (iv) extended periods of inactivity, (v) your engagement in fraudulent or illegal activities, and/or (vi) nonpayment of any fees owed by you in connection with the Service. Termination of your PTEM account includes (aa) removal of access to all offerings within the Service, (bb) deletion of your password, username and all related information, files and Content associated with or inside your account (or any part thereof), and (cc) barring further use of the Service. Further, you agree that all terminations for cause shall be made in PTEM's sole discretion and that PTEM shall not be liable to you or any third party for any termination of your account, any associated email address, username or access to the Service.
(e) You agree that your PTEM Member account is non-transferable and any rights to your PTEM password, username or account information or Content within your Member account terminate upon your death. Upon receipt of a copy of a death certificate, your Member account may be terminated and all Content therein permanently deleted.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold PTEM, and its subsidiaries, affiliates, members, managers, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the PTEM Materials, Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including the PTEM Materials and your PTEM username) or Content you do not own, use of the Service or Content you do not own, or access to the Service or Content you do not own, without the express written consent of PTEM.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that PTEM may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on PTEM's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that PTEM has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that PTEM reserves the right to log off accounts and deactivate usernames that are inactive for an extended period of time. You further acknowledge that PTEM reserves the right to modify these general practices and limits from time to time.
11. MODIFICATIONS TO SERVICE
PTEM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PTEM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that PTEM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PTEM has no control over such sites and resources, you acknowledge and agree that PTEM is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PTEM 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 content, goods or services available on or through any such links, site or resource, or any failures and/or disruption to your computer system that results from your use of any such links.
14. PTEM'S PROPRIETARY RIGHTS
You acknowledge and agree that the PTEM Materials, the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of PTEM and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PTEM or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by PTEM for use in accessing the Service.
PTEM and the PTEM logo are trademarks and service marks of PTEM and other PTEM logos and product and service names are trademarks and service marks of PTEM (collectively, the "PTEM Marks"). Without PTEM's prior permission, you agree not to display or use in any manner, the PTEM Marks.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE PTEM MATERIALS AND THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PTEM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) PTEM MAKES NO WARRANTY THAT (i) THE SERVICE OR THE PTEM MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE OR THE PTEM MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE PTEM MATERIALS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, PTEM MATERIALS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND 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 MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PTEM OR THROUGH OR FROM THE PTEM MATERIALS OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PTEM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PTEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR THE PTEM MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING ADVERTISERS ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR THE PTEM MATERIALS.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH IN SECTIONS 15 AND 16 ABOVE MAY NOT APPLY TO YOU.
18. SPECIAL ADMONITION FOR SERVICES RELATING TO MEDICAL MATTERS
If you intend to receive or request any news, messages, or other information from the Service concerning medical practices or procedures of any kind, please read the above Sections 15 and 16 again. The Service is provided for informational purposes only, and no Content included in the Service or the PTEM Materials is intended to be a "sole source" for a medical practitioner. PTEM and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service or the PTEM Materials, and shall not be responsible or liable for any test or clinical decisions made based on such information.
PTEM may provide you with notices by email, regular mail, or postings on the Service.
20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
PTEM respects the intellectual property of others, and we ask our users to do the same. PTEM may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Members and prohibit the use of the Service or the PTEM Materials by certain users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact PTEM immediately firstname.lastname@example.org with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
21. GENERAL INFORMATION
Entire Agreement.The TOS and, if applicable, the Membership Agreement constitute the entire agreement between you and PTEM and governs your use of the Service and the PTEM Materials, superseding any prior agreements between you and PTEM with respect to the Service or the PTEM Materials. You also may be subject to additional terms and conditions, posted policies, guidelines or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content, or third-party software.
Independent Contractors.Nothing contained in the TOS shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent contractor responsible for its own actions.
Choice of Law and Forum.The TOS and the relationship between you and PTEM shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and PTEM agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Suffolk, Massachusetts.
Waiver and Severability of Terms.The failure of PTEM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Violations. Please report any violations of the TOS to PTEM at email@example.com.