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Terms of Use Agreement



“IMPORTANT: READ THESE TERMS CAREFULLY BEFORE ACCESSING COURSES OR
PRODUCTS OFFERED BY DISTANCE CME LLC. BY SELECTING THE “I ACCEPT” BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.”


Thank you for visiting the Distance CME LLC® web site. We have set up some ground rules to ensure that we can keep this area useful for everyone. Distance CME LLC® reserves the right to change these guidelines and disclaimers at any time. You agree that each visit you make to the Distance CME LLC® Web site and all services you buy from Distance CME LLC will be subject to the current guidelines. The Distance CME LLC® Web Site is owned and maintained by Distance CME LLC., a Pennsylvania corporation with a principal place of business at 93 Old York Rd. Suite 1-530 Jenkintown, PA 19046. All non-electronic correspondence should be sent to that address. By accepting these terms and conditions you attest that you have read and/or listened to the entire content as presented on any lecture or program on this site before submitting for credit.

General Terms of Use:

All access to the Distance CME LLC® Web Site is subject to the following terms and conditions:

1. You represent and agree that you are at least 18 years of age and that you will not use this website, nor allow anyone to use this website, (a) in violation of any law, regulation, ordinance or court order, (b) in any manner which could damage, disable, overburden or otherwise impair the ability of Distance CME LLC to make the website available to other users or to interfere with the use and enjoyment of the website by other users, (c) to create, copy, upload, download, store, publish, distribute, broadcast, transmit or otherwise disseminate any content, information or communication that (i) infringes, misappropriates or otherwise violates any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or any other intellectual property right, or (ii) may be deemed libelous or slanderous, (d) to harass, intimidate, threaten or encourage any violence against any person, group or organization, (e) to transmit or otherwise disseminate any spam e-mails, viruses, corrupted files, spyware, malware, or any other software or code that may damage or impair the operation or security of any computer, hardware, software, system or service, (f) to gain or attempt to gain unauthorized access to any computer, hardware, software, system, service, account, communication or information of Distance CME LLC , any other users or any third party, or (g) to engage in any conduct that could expose Distance CME LLC to civil or criminal liability (collectively, the “Prohibited Conduct”).

2. The information published on this web site was valid when published. Distance CME LLC reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

3. The contents of the Distance CME LLC® Web site pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by Distance CME LLC and contain Distance CME LLC ‘s name, trademarks, service marks, and trade names. No permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use Distance CME LLC icons, site address, or other means to hyperlink other Internet sites with any page in the Distance CME LLC® Web site, and Distance CME LLC assumes no responsibility for any other party’s site hyperlinked to the Distance CME LLC® Web Site or in which any part of the Distance CME LLC® Web Site has been hyperlinked.

4. You hereby grant to Distance CME LLC a perpetual, worldwide, non-exclusive, royalty free, right and license to use any content you upload to any user accessible portions of this website, including but not limited to your name, voice, likeness and any text, video, imagery, audio and other content, for the purpose of promoting public awareness and support of our website and/or the courses and services offered. You warrant and represent that you have obtained all third party assignments, license grants, permissions and releases necessary to grant the foregoing license to Distance CME LLC. You further warrant and represent that the content you upload to any user accessible portions of this website, or otherwise provide to Distance CME LLC , will not infringe upon, violate or misappropriate any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or other intellectual property rights.

You acknowledge and agree that all other content made available to you via this website is protected by applicable copyright, privacy and publicity laws and all rights are reserved by Distance CME LLC. You acknowledge and agree that such content is provided solely for your personal viewing and use on this website and is not provided for any other purpose or use. Without limiting the generality of the foregoing, you represent and agree that you will not reproduce, publish, display or make any commercial use of any content made available to you via this website without the prior written consent of Distance CME LLC.

5. The materials and information you find on and use from the Distance CME LLC® Web Site are provided “as is”, without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with the Distance CME LLC® Web Site and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

6. The Distance CME LLC® Web Site contains links to and frames of sites which are not maintained by Distance CME LLC. We are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the Distance CME LLC Web site does not imply Distance CME LLC’s endorsement of the linked or framed sites or their content.

7. By sending us a message, you assign to Distance CME LLC any and all intellectual property rights in the content of the message for any use which Distance CME LLC decides to make of it without compensation.

8. The views and opinions of authors published on this site do not necessarily reflect those of Distance CME LLC. Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by Distance CME LLC. None of the information or statements contained on this site should be used for the purposes of advertising, or to imply an endorsement or recommendation. With respect to documents available from this site, neither Distance CME LLC nor any of its affiliates or employees make any warranty, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. Further, neither Distance CME LLC nor any of its affiliates or employees assumes any liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed; nor do they represent that its use would not infringe privately owned rights.

9. Any dispute which occurs between you and Distance CME LLC is subject to arbitration under administration by the American Arbitration Association with the arbitration to be held in Montgomery County, Pennsylvania. The arbitration will be conducted under the then current Commercial Arbitration Rules of the American Arbitration Association including the Optional Rules for Emergency Measures of Protection. Each of you and Distance CME LLC hereby specifically disclaim any right to a jury trial. You agree that the courts in Montgomery County, Pennsylvania will have jurisdiction to enforce any arbitration award and that any such award will be final and binding.

Subscriber Terms of Use:

If you register as a subscriber to Distance CME LLC’s services, the following ADDITIONAL terms and conditions apply to your use of this Web Site and Distance CME LLC’s services:

10. Distance CME LLC uses reasonable efforts to assure that the testing materials provided meet the applicable requirements in the noted jurisdictions. While Distance CME LLC uses reasonable efforts to make sure that the testing materials provided are current, it cannot and does not guarantee (1) that all the testing materials will always be current and meet all of the applicable guidelines in each jurisdiction; (2) that successfully completing the tests on this web site will maintain any applicable license or authority you may have in any particular jurisdiction; (3) that your test results will in all instances be successfully transmitted to each jurisdiction. In addition, Distance CME LLC cannot be responsible for and does not assume any liability because of any errors which occur as a result of data transmission errors. Although Distance CME LLC will use reasonable efforts to avoid data transmission errors, it is possible that data transmission errors will result in erroneous test results, test results being transmitted to the wrong jurisdiction or authority or an error in processing by the jurisdiction or authority to whom data is transmitted.

11. All materials on this web site are provided for education and testing purposes only. None of the materials provided on this web site are designed to be diagnostic, predictive or to constitute any particular prescription for a particular course of action in a particular circumstance or set of facts. Distance CME LLC cannot and does not accept any liability for or in anyway guarantee or represent that the use of any particular course of treatment or diagnosis described in any of the materials on this web site is correct, best practice or recommended in any particular set of circumstances, facts or location.

12. The actual course of diagnosis and treatment to be provided to any person is subject to the judgment and discretion of the professional involved and the rules, regulations and customs of practice of the location where the treatment or diagnosis is provided. There is no actual or implied representation or warranty that any of the materials provided at this web site comply with any of the applicable rules, regulations and customs of practice which may apply to any such treatment or diagnosis.

13. Without affecting the terms of the Distance CME LLC Data Ownership Policy, payment information (credit card numbers and expiration dates) is treated confidentially and will not be shared with anyone except the financial institutions used to process payments.

14. DMCA Notice.
If you are a copyright owner or an agent thereof and believe that any content, information or communication on this website infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of Distance CME LLC and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the our website, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices of infringement should be directed to Distance CME LLC’s Designated Agent by emailing admin@distancecme.com. If you submit a notice of infringement that knowingly materially misrepresents that any content, information or communication on this website is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information or communication has been removed from this website due to an erroneous claim of infringement, you may have remedies available to you under the DMCA. Distance CME LLC will terminate your account in the event that Distance CME LLC determines in its sole and absolute discretion that you have used our website in a manner that qualifies you as a “repeat infringer” under the DMCA.

15. Independent Contractors.
You acknowledge and agree that Distance CME LLC is an independent contractor and that nothing contained in these Terms of User or elsewhere will be construed to create a partnership or agency agreement between you and Distance CME LLC.

16. IN NO EVENT SHALL DISTANCE CME LLC’S LIABILITY, ON ANY CLAIM OF ANY KIND, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH OR RESULTING FROM YOUR USE OF THIS WEB SITE, THE INFORMATION PROVIDED HERE OR DISTANCE CME LLC’S SERVICES EXCEED THE AMOUNT ACTUALLY PAID BY YOU. YOU AGREE THAT THE LIMITATION IN THE PREVIOUS SENTENCE AND THE EXCLUSION OF CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES SHALL REMAIN IN FULL FORCE AND EFFECT EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND SHALL SURVIVE ANY CANCELLATION OR OTHER TERMINATION OF THIS CONTRACT.

17. In the event that any provision or part of this contract is or becomes invalid or illegal in whole or in part, such provision shall from that time be deemed amended so as to, as nearly as possible, be consistent with the intent expressed in this contract. If this be impossible, such provisions or part thereof shall be deemed deleted, but shall not in any way invalidate any of the remaining provisions. This contract shall be subject to and construed under Pennsylvania law.

18. You will indemnify Distance CME LLC and hold it harmless from any loss, claim or damage to any person arising out of your use of this web site and Distance CME LLC’s services, including Distance CME LLC’s costs in defending against any such claim. This duty to indemnify shall survive any cancellation or other termination of this contract.

19. The fact that the wording of this contract has been provided by one party or the other shall not be considered in its construction or interpretation.

20. This contract is the entire agreement and understanding between you and Distance CME LLC. Distance CME LLC retains the right to change the terms of this contract prospectively and your continued use of this web site or Distance CME LLC’s services will constitute your agreement to such revisions.

“IMPORTANT: READ THESE TERMS CAREFULLY BEFORE ACCESSING COURSES OR
PRODUCTS OFFERED BY DISTANCE CME L
LC. BY PURCHASING ANY COURSE OR PRODUCT FROM DISTANCE CME, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.”



 
 
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