Terms and Conditions
BY ACCESSING THE USMLEXCHANGE WEBSITE AND/OR USING THE PRODUCTS, SERVICES AND/OR OTHER RESOURCES AVIALABLE THROUGH THIS WEBSITE, 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 THIS WEBSITE IMMEDIATELY.USMLEXCHANGE END-USER SERVICE AGREEMENT
This USMLExchange End-User Service Agreement ("Agreement") is a contract between you or any entity acting on behalf of you and owner and operator of the USMLExchange Website ("USMLExchange"), and applies to your access to and/or use of products, services and other resources available through USMLExchange (collectively the "Resources").USMLExchange reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Unless explicitly stated otherwise, all amended terms shall be effective immediately upon posting on this page.
In this Agreement, "you" or "your" will refer to any person or entity using the Resources pursuant to the Terms and Conditions of this Agreement (“User" and collectively "Users"). Unless otherwise stated, "USMLExchange", "we" or "our" will each refer to the owner and operator of the USMLExchange Website.
READ THE FOLLOWING USE, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE ACCESSING AND/OR USING THE USMLEXCHANGE WEBSITE.
License
USMLExchange grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Resources (the "Licensed Materials") according to the Terms and Conditions set forth in this Agreement. Term and Termination
Your access to the Resources will continue until it expires, until USMLExchange terminates it or until you provide notice to USMLExchange of your decision to terminate. USMLExchange may discontinue or change the Resources, or its availability to you, at any time without notice. Refunds
Except as otherwise provided in this Agreement or in the sole discretion of USMLExchange, no refunds or cancellations or changes to donations will be allowed.Account Balance
In order to ensure that our resources are being distributed fairly, USMLExchange has implemented a 'pay-per-view' operation-model. One (1) credit will be deducted from your account balance every time a test question is retrieved from our system. You will not be allowed to access the Resources once your account balance has reached zero (0). Credits will be awarded to your account when you make a donation to USMLExchange or when you submit a test question to our system. USMLExchange reserves the right to add additional credits to and/or deduct any amount of credits from your account balance at any time without notice. USMLExchange reserves the right to make the final determination about the accuracy of your account balance in event of a dispute. Except as otherwise provided in this Agreement or in the sole discretion of USMLExchange, no refunds of credits will be allowed.Password Use and Security
You must complete USMLExchange’s registration process in order to access 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 USMLExchange immediately of any unauthorized use of your account or any other breach of security. USMLExchange 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 USMLExchange 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 USMLExchange. 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. Permitted uses
Some of the Resources is configured in a manner that permits you to print it for your personal use ("Printable Content"). You may print out the Printable Content solely for your personal educational use if you include a source reference to USMLExchange and its copyright notice. No other copies may be made and/or transmitted. All print-outs of Printable Content must include the USMLExchange copyright notice, which appears on the Printable Content. USMLExchange 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 Resources. 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 agree that you will not use any robots, spiders, crawlers or other automated downloading programs or devices to: (i) continuously and automatically search or index any Resources, unless authorized by us; (ii) harvest personal information from the USMLExchange website for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the USMLExchange website.Violations
In the event that you breach any of the Terms and Conditions of this Agreement, USMLExchange may, in its sole and absolute discretion, terminate this Agreement and your access to the Resources without refund or compensation, and USMLExchange reserves the right to seek all remedies available by law and in equity for such breaches. Trademarks
All trademarks appearing on this Site are the property of their respective owners. Trademarks belonging to third parties 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. No sponsorship or endorsement by, or affiliation with, any trademark owners is claimed or implied by USMLExchange. Copyright
All content in the USMLExchange website, including site layout, design, images, programs, text, products, services and other information (collectively, the "Content") is the property of USMLExchange and its affiliated licensors and is protected by copyright and other intellectual property laws. Distribution of Information
You may not use the Resources to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. USMLExchange may at any time exercise editorial control over the content of any information or material that is submitted or distributed through its facilities and/or services. You may not, without the approval of USMLExchange, publish or distribute any advertising, promotional material, or solicitation to other users to use any goods or services. You may not use the Resources to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Resources to download and redistribute public information or shareware for personal gain or use the facilities and/or services to distribute multiple copies of public domain information or shareware.
Claims of Copyright Infringement
USMLExchange does not monitor materials submitted by the Users for copyright infringement. USMLExchange 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 (“Notification”) must be submitted to USMLExchange. 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;
3. Identification of the allegedly infringing material and information reasonably sufficient to permit USMLExchange to locate such allegedly infringing material;
4. Information reasonably sufficient to permit USMLExchange to contact the complaining party;
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.
By accessing and/or using the Resources on this website, you agree to indemnify USMLExchange and not to hold USMLExchange responsible and/or liable for any copyright infringement committed by USMLExchange and/or any User. You agree to bear full responsibility and/or liability for losses including, without limitation, reasonable attorneys' fees, fines and settlement payments, incurred by USMLExchange and/or any third party involved, as a result of copyright infringement and/or claims of copyright infringement.
Privacy Policy
USMLExchange 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 USMLExchange. You also agree that, in the event that USMLExchange 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. USMLExchange may sometimes permit third parties to offer subscription and/or registration based services through the USMLExchange website. In this event, USMLExchange 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 USMLExchange, you will not be able to delete your profile or any records of your activity or usage of the USMLExchange website from our database. You will, however, be able to update or change your personal information on file with USMLExchange.Links
The USMLExchange website may contain hyperlinks to other sites or resources that are provided solely for your convenience. USMLExchange is not responsible for the availability of external sites or resources linked to such sites, 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. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of USMLExchange. Because USMLExchange is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.User Activities
You agree that your activities on the USMLExchange website (including without limitation submission of any material) will not: 1. Infringe USMLEchange’s or any third party's copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy. By submitting any material to the USMLExchange website, you represent to USMLExchange that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
2. Constitute (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for USMLExchange;
3. Transmit any materials considered to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically or otherwise objectionable by USMLExchange;
4. Impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading;
5. Constitute an invasion of privacy or publicity rights or any other third party rights.
Disclaimer of Warranties
Neither USMLExchange, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation, that the operation of the USMLExchange website will be uninterrupted or error-free; that defects will be corrected; that this website, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the Resources or other materials on this website; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any Resources provided on or accessible from this website.USMLEXCHANGE 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.
To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the USMLExchange website. If the Resources contained on this website contain medical or health sciences information, it is intended for professional use within the medical field. No suggested test or procedure should be carried out unless, in the reader's judgment, its risk is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses and drug dosages should be made. Discussions, views, and recommendations as to medical procedures, products, choice of drugs, and drug dosages are the responsibility of the authors.
Limitation of Liability
NEITHER USMLEXCHANGE NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THE USMLEXCHANGE WEBSITE. IN NO EVENT WILL USMLEXCHANGE, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. USMLEXCHANGE AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Systems Reliability
USMLExchange aims to keep the Resources available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. USMLExchange shall not be liable for lost information or non-availability of the services. Indemnification
You hereby agree to indemnify, defend and hold USMLExchange, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors harmless from and against any and all liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from your access to and/or use of the Resources.Attorney’s Fee
If USMLExchange institutes action to enforce any of the provisions of these Terms and Conditions, USMLExchange shall be entitled to recover in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorneys' fees and any costs of any litigation.General Provisions
If any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. The remaining provisions of these Terms and Conditions shall remain in full force and effect. These Terms and Conditions shall be subject to any other agreements you have entered into with us. The section headings used herein are for convenience only and shall not be given any legal import.



