Terms of Service
1. Services Provided
Ala Carte CME, LLC provides User with online information services including but not limited to training and educational materials for medical professionals. The program is a continuing medical education (CME) program that is intended to provide “category 1” credit. Successful completion of a course shall provide you with one CME credit hour. We reserve our right to offer courses which may have different CME credit hour allotments in the future. We also reserve our right to modify earned CME credits to comply with the standards of the Accreditation Council for Continuing Medical Education if necessary.
2. Restrictions on Use of Materials
Unless otherwise noted, all materials, including, but not limited to all text, editorial content, course materials, images, graphics, logos, illustrations, photographs, video, audio, and other materials, as well as the designs, icons, layout, “look and feel,” and all other graphical elements, and all code and software of this Website and all copyrights, trademarks, service marks, trade names, patents and other intellectual property rights in any of the foregoing (collectively, the “Materials”) are the sole and exclusive property of Ala Carte CME, LLC (or its parents, subsidiaries, affiliates, or designees) or its third-party licensors, and are protected by U.S. laws and international treaties. By
accepting these terms, you do not become the owner of the Materials, but are entitled to use them according to these Terms and Conditions and subject to all additional intellectual property notices, information or restrictions accessed through this web site.
Except as permitted under the “Permitted Uses and Prohibitions” Section, below, no Materials may be copied, reproduced, sold, rented, modified, republished, uploaded, downloaded, posted, transmitted, displayed, distributed, or otherwise used in anyway; provided however, that where specifically permitted, subject to the provisions of any applicable Legal Notice (described below), you may, download and print a single copy of portions of Materials on a single computer for your own personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices contained in the original Material on any copy you make.
We reserve the right in our sole and absolute discretion to refuse access to this web site, or any areas on this web site, or any service to any person or entity for any reason or for no reason whatsoever.
3. Permitted Uses and Prohibitions.
You are not permitted to copy, reproduce, modify, republish, upload, download, post, sell, lease, license, rent, transfer or in any manner distribute or otherwise use or permit others to use any Materials or any copies thereof. You must not reverse engineer, decompile or disassemble any Materials.
If you wish to build a hyperlink to this web site, you may do so provided you agree to cease such link upon request from Ala Carte CME, LLC .
This license to use the Materials will also automatically terminate if you fail to comply with any these Terms and Conditions. In the event this license is terminated, you must immediately destroy any copies you have made of the Materials.
4. Usage by Children Under 18.
This web site is directed at adults and is not intended for children under the age of 18. Ala Carte CME, LLC cannot prohibit minors from visiting the web site.
Ala Carte CME, LLC must rely on parents, guardians and other adults responsible for supervising such children to decide whether the material contained in the web site is appropriate for review.
5. Not Medical Advice
The content contained on this web site (the “Content”) has been prepared by Ala Carte CME, LLC only as a service to the Internet community and is not intended to constitute medical advice. Ala Carte CME, LLC has used reasonable efforts in collecting, preparing and providing information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or timeliness of the information
contained on this web site. Accordingly, Ala Carte CME, LLC , and their respective employees, officers, and agents accept no liability whatsoever for the consequences of any such inaccurate or misleading data, opinion, or statement. Users of this web site or links, use the information contained therein at their own risk.
6. NO WARRANTY.
NEITHER Ala Carte CME, LLC NOR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE LICENSED MATERIALS MAKES ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE MATERIALS, WHICH ARE LICENSED “AS IS”. ALL WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE MATERIALS.
7. LIMITATION OF LIABILITY.
IN NO EVENT WILL Ala Carte CME, LLC OR ANY OTHER THIRD PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE LICENSED MATERIALS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE MATERIALS, EVEN IF Ala Carte CME, LLC OR SUCH OTHER THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Ala Carte CME, LLC OR SUCH OTHER PARTY’S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOUR INSTITUTION PAID FOR THE LICENSED MATERIALS.
Some jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law. You may also have other rights which vary from jurisdiction to jurisdiction. You agree that this Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
8. No Refunds.
You understand that there will be no refunds of course fees for any reason. If you cannot complete a course within the allowed-for time period, you will lose the right to complete it at a later date and may be required to pay the course fee again. Passing the end-of- course quiz with a grade of 80% or higher is a condition precedent to earning a credit.
Failing the course will not entitle you to a refund.
9. General Provisions.
If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by Ala Carte CME, LLC . Ala Carte CME, LLC ‘s waiver of any right shall not constitute a waiver of that or any other right in the future. This web site is controlled and operated by Ala Carte CME, LLC from its offices in Florida.
This Agreement shall be governed by and construed in accordance with the laws and in the state and federal courts of the State of Florida, USA. Ala Carte CME, LLC makes no representation that this material is appropriate for users in other jurisdictions. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled.
10. Ads and links.
User privacy is important to Ala Carte CME, LLC , and we do not utilize any third party advertising services, or other mechanisms to monetize User’s usage of the site.
11. Prohibited Conduct.
Ala Carte CME, LLC respects User’s rights and expects and demands that User respect those of others. This includes privacy and intellectual property rights, such
as copyrights, trademarks, service marks, and trade names. Users are not allowed to use our Service to infringe on any rights, including privacy or intellectual property rights or to promote, enable or facilitate others to infringe on any rights. This will include any details of informational technology support, service plans, and related products that are offered for sale by Ala Carte CME, LLC .
User understands that Ala Carte CME, LLC operates in compliance with all federal and state laws, including but not limited to the Digital Millennium Copyright Act, (DMCA), and reserves all rights necessary to remain in compliance with said laws. As a condition of using the Service, User agrees not to download or in any way transfer any Files that User does not have the right to copy and/or transfer, including intellectual property rights.
In addition, User agrees not to: – impersonate or pretend affiliation with any person or entity; – access any non-public area of our Website or Service; – send viruses, worms,
malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose; – attempt to probe, scan, compromise or test the vulnerability of the Website or Service or any related system or network or breach any security, authentication or encryption mechanism.
Ala Carte CME, LLC reserves the right to investigate and/or remove, without warning, any Files from its servers or prevent User from accessing the Website or Service, where and when Ala Carte CME, LLC determines, at its own discretion, or receives substantiated and valid complaints, that User have violated and/or are continuing
Ala Carte CME, LLC provides its Service “AS-IS,” without warranty of any kind. Without limiting the foregoing, Ala Carte CME, LLC explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Ala Carte CME, LLC makes no warranty that the Service is available on an uninterrupted, secure or error-free basis. User’s use of the Service is at User’s own risk. User acknowledge and agree that Ala Carte CME, LLC is not responsible for any damages to User’s computer system or the computer system of any third party that result from use of the Service.
13. Indemnity and Liability
User will defend, indemnify and hold harmless Ala Carte CME, LLC , including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with User’s access to or use of the Service or User’s violation of these Terms.
In no event shall Ala Carte CME, LLC be liable to User or to any third party for any damages arising out of use of the Website or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not Avance Learning Solutions, LLC has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Avance Learning Solutions, LLC will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event Ala Carte CME, LLC is liable for damage under mandatory law, Ala Carte CME, LLC ’s aggregate liability to User for any and all claims arising out of or in connection with the use of the Service will in no event exceed fifty dollars ($50) per incident.
14. Controlling Law and Jurisdiction.
These rights and obligations arising out of or in connection to these Terms shall be construed, governed, interpreted and enforced according to the laws of the United States and of the State of Florida. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Pinellas County, Florida. The United States, unless stipulated otherwise by mandatory U.S. or international laws. User waives any objection to jurisdiction and venue in the courts of the United States.
These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings between User and Ala Carte CME, LLC . These Terms shall apply in preference to and supersede any and all Terms of any use or kind by User. In the occasion that these Terms shall become party invalid, User and Ala Carte CME, LLC remain bound to the remainder.