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Terms and Conditions

Some important legal stuff

Web Site Disclaimer and Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials
    (information or software) on Yousmle’s web site for personal,
    non-commercial transitory viewing only. This is the grant of a license,
    not a transfer of title, and under this license you may not:

    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Yousmle’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Yousmle at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  3. Given the nature of digital sales, all sales are final.  If you are interested in sample cards, please check out the numerous free decks offered on the website.

3. Disclaimer

  1. The materials on Yousmle’s web site are provided “as is”. Yousmle makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Yousmle does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Yousmle or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Yousmle’s Internet site, even if Yousmle or a Yousmle authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Yousmle’s web site could include technical, typographical, or photographic errors. Yousmle does not warrant that any of the materials on its web site are accurate, complete, or current. Yousmle may make changes to the materials contained on its web site at any time without notice. Yousmle does not, however, make any commitment to update the materials.

6. Links

Yousmle has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Yousmle of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Yousmle may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Yousmle’s web site shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

WEBSITE DISCLAIMER

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Yousmle.com and The Author make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Yousmle.com or The Author does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading; or
  • any users of this website are guaranteed or otherwise assured of receiving a particular score on the USMLE Step or any other exam
  • any users of this website are guaranteed or otherwise assured of any particular outcome for their education or training

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Medical advice disclaimer

The Author provides the Site and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Author does not provide any medical advice on the Site, and the Information should not be so construed or used. Using, accessing and/or browsing the Site and/or providing personal or medical information to the Author does not create a physician-patient relationship between you and the Author. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.

Limitations of liability

The Author and Yousmle.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if The Author has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Author’s liability in respect of any:

  • death or personal injury caused by The Author’s negligence;
  • fraud or fraudulent misrepresentation on the part of The Author; or
  • matter which it would be illegal or unlawful for The Author to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Posting guidelines

The Site is open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the Author in the form of user generated comments or otherwise, you grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.

You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.

By submitting or posting content on the Site, you grant the Author and any company substantially under the control of the Author, the right to remove any content or comment that, in Author’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Author and any company substantially under the control of Author the right to modify, adapt, and edit any content.

Comment policy

Comments to individual posts are encouraged. This is a moderated forum, meaning comments are reviewed before they are posted.

Respectful comments that contribute to the topic at hand will generally be accepted.

The Site will not publish comments that, in the Author’s sole opinion, fall under the following categories:

  • snarky, off-topic, make the same point repeatedly, ranting at doctors, ranting at patients, excessively long, libelous, defamatory, abusive, harassing, threatening, profane, pornographic, offensive, false, misleading, or which otherwise violates or encourages others to violate the Author’s sense of decorum and civility or any law, including intellectual property laws
  • “spam,” i.e., an attempt to advertise, solicit, or otherwise promote goods and services
  • contain off-topic hyperlinks

The Author reserves the right to delete any comment, for any reason, at any time.  The First Amendment gives you the right to express your opinions on your blog, not the Author’s.

Comments that receive a certain number of flags from the readership are automatically deleted.

Registered Trademarks

Please refer to the USMLE® and FSMB® and NBME® and ECFMG® and other registered trademarks’ websites for official information. The materials (i.e., test questions, clinical computer simulations, and standardized patient cases) of the USMLE, NBME’s self-assessment program and NBME subject examinations are copyrighted. Publishing any ‘remembered’ materials or replicas of these materials on this website (or any other forum) is an unauthorized reproduction of NBME’s materials, constitutes copyright infringement and is strictly prohibited. Any violation of NBME’s copyrights and trademarks can not only lead to legal sanctions, but can also have professional consequences. Medical students and medical school graduates, prospective students, examinees of the USMLE and NBME Self Assessment examinations and subject examinations are reminded that they are bound to the terms they agreed to follow regarding disclosure of intellectual property prior to the administration of one of these examinations. Failure to adhere to the terms of these policies will subject an individual to various penalties. For technical reasons we are unable to include the trade mark ® with each instance those trade marks are mentioned. ALL trademarks acknowledged.

Other parties

You agree that the limitations of warranties and liability set out in this website disclaimer will protect Yousmle.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Yousmle.com and The Author.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Credit

This disclaimer was created using a Contractology template available at http://www.freenetlaw.com.