When you click on the "I Accept" button below, you agree to both this Agreement and the TOS. This Agreement may be updated from time to time. Upon any change, PTEM will notify you by electronic mail or by a link to the new or different Agreement. If you continue to participate in a Plan thereafter, your continued participation constitutes acceptance of the changes and an agreement to be bound by the Agreement, as amended. You can review the most current version of this Agreement at any time at /terms.
1. AGREEMENT TO PURCHASE; LICENSE; PROPRIETARY RIGHTS; AND RESTRICTIONS ON USE
a. Agreement to Purchase. PTEM hereby agrees to sell and You agree to purchase a license(s) to access the PTEM Materials via the Plan set forth below (the "User License"). You agree to pay PTEM the fee set forth below (the "Membership Fee") for the PTEM Materials that are delivered in accordance with this Agreement.
__ Platinum: Full access for a period of six months to all PTEM Materials for a one-time, non-refundable fee of $1,500.00.
__ Gold: Full access for a period of three months to all PTEM Materials for a one-time, non-refundable fee of $1,000.00.
__ Silver: Full access for a period of one month to all PTEM Materials for a one-time, non-refundable fee of $350.00.
b. License. Each User License enables access to the licensed PTEM Materials by You with your username and a password validly issued by PTEM. A User License is required for each individual that has access to the PTEM Materials. Member acknowledges that access to the PTEM Materials is limited to the terms and conditions set forth herein and identified in the TOS and any expansion must be agreed to in writing by PTEM.
c. Proprietary Rights. The PTEM Materials are the property of PTEM and are protected by U.S. and international copyright law and other intellectual property laws. You acknowledge that PTEM Materials are proprietary to PTEM and/or its licensors and comprise: (i) works of original authorship, including compiled content containing PTEM's and/or its licensors' selection, arrangement, coordination, and expression of such content or pre-existing material it has created, gathered, or assembled and (ii) information that has been created, developed, and maintained by PTEM or its licensors' at great expense of time and money such that misappropriation or unauthorized use by others for commercial gain would unfairly and irreparably harm PTEM and/or its licensors. Member shall not commit or permit any act or omission that would impair PTEM's and/or its licensors' proprietary and intellectual property rights in PTEM Materials. Except as permitted herein or by any PTEM license terms which may accompany a PTEM product, Member shall not directly or indirectly copy PTEM Materials in whole or in part without the express written consent of PTEM. Member shall not decompile, disassemble, electronically transfer, de-encrypt, or reverse engineer the PTEM Materials, or translate the PTEM Materials into another computer language. All of Member's rights to use PTEM Materials are expressly stated herein and are subject to the further restrictions set forth below; there are no implied rights, and PTEM reserves all rights not expressly granted to Member. Inquiries regarding permission to copy or use the PTEM Materials in any other manner should be directed to PTEM at firstname.lastname@example.org.
d.Restrictions on Use. Each User License entitles a Member (i) to make a single copy of the licensed materials for such Member's personal archival use; and (ii) as a medical practitioner, to prepare for the PTEeXAM and to assist such Member with clinical decision making in the operating room, provided the PTEM copyright and PTEM's other proprietary notices are at all times affixed thereto. Member shall not sell, lease, transfer, sublicense, or otherwise make available or permit access to the PTEM Materials or any portion thereof, to any third party or any nonlicensed individual.
2. MEMBERSHIP TERM
Following payment of the Membership Fee, a Member will be entitled to access the Plan the Member selects in Section 1 for the time period associated with the Plan ("Membership Term"). The Member will receive a Plan or Program activation notice that will commence within one hour of the purchase and remain in force as long as Member continues to pay all of the required Membership Fees and otherwise complies with the terms of this Agreement. Member may change the Membership Term by logging into the Member's account on the PTEM site.
3. AUTOMATIC RENEWAL OF MEMBERSHIP TERM
YOUR MEMBERSHIP WILL NOT BE AUTOMATICALLY RENEWED. TWO (2) DAYS PRIOR TO THE EXPIRATION DATE OF YOUR MEMBERSHIP TERM YOU WILL RECEIVE AN EMAIL STATING YOUR MEMBERSHIP IS EXPIRING AND YOU WILL HAVE THE OPPORTUNITY TO RENEW YOUR MEMEBERSHIP.
4. CANCELLATION AND REFUND POLICY
All of the Plans offered by PTEM are offered on a non-refundable basis and are not subject to cancellation during the Membership Term.
5. COMPLAINT PROCEDURE
Payment of the initial Membership Fee and/or any renewal Membership Fee will be made automatically via a charge against the Member's credit card or by a debit to the Member's checking account (depending on the payment option authorized by the Member) for the full amount of the Membership Fee for the Membership Term. Members who chose to pay Membership Fees by a direct charge against the Member's credit card or by a direct debit to the Member's checking account statement may not receive notice from PTEM of a subscription payment due, rather the Member will be notified of the billing on his/her credit card or checking account statement. Each Member hereby authorizes PTEM to bill and receive payment for the Membership Fee as set forth in the Agreement. PTEM reserves the right to increase the Membership Fee for a future Membership Term, in which case the Member will be notified of the increased Membership Fee, which will be effective upon renewal.
7. MEMBER ACKNOWLEDGEMENTS
Membership in the Plan or Program and or Member's rights or duties under this Agreement may not be assigned or delegated without the prior express written consent of PTEM, and any violation thereof may, at the discretion of PTEM, result in immediate termination of the Plan or Program.
As a medical practitioner, 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 resulting from failure to pass an exam. PTEM assumes no responsibility for any Member's performance on any exam.
8. DISCLAIMER OF WARRANTIES
You acknowledge and agree that the disclaimers of warranties and limitations of liability set forth in the TOS apply to your purchase of a license to access the PTEM Materials in accordance with this Agreement.
9. GENERAL RELEASE
Member acknowledges and agrees that PTEM is solely a service provider. Therefore, you agree that PTEM shall have no liability whatsoever for your performance on any test or use of the PTEM Materials in a clinical setting and hereby forever release, acquit and discharge each of PTEM and its members, managers, employees, officers, directors, agents and affiliates from any and all liabilities, claims, demands, actions and causes of action that such Member may have by reason of any damage or personal injury sustained as a result of or during the course of the use of any of the PTEM Materials.
11. ENTIRE AGREEMENT
This Agreement, along with the TOS which are hereby incorporated by reference, set forth the entire agreement and understanding between the parties with regard to the Plan and constitutes a final, complete and exclusive statement of the terms of the agreement between the parties with respect to the Plan. Any other representation, inducement, promise or agreement shall be of no force or effect.
12. VALIDITY AND ENFORCEABILITY
The validity or unenforceability of any term of this Agreement will in no way affect the validity or enforceability of any other term of this Agreement.
13. GOVERNING LAW
This Agreement will be governed and construed in accordance with the laws of the Commonwealth of Massachusetts regardless of any application or principles regarding conflicts of laws.
The headings or captions provided throughout this Agreement are for reference purposes only and will in no way affect the meaning or interpretation of this Agreement.
Except as otherwise set forth in the TOS, this Agreement may only be amended in a writing signed or otherwise electronically acknowledged by the parties.
16. WAIVER OF BREACH
A waiver by PTEM of a breach of any provision of this Agreement will not be deemed a waiver by PTEM of any other breach of the same or different provision.