Terms & Conditions
This user agreement ("agreement") is a contract between you and USMLEWorld, LLC,
and applies to your subscription to and use of products and services available through
www.usmleworld.com.(collectively the "services").
If you do not agree to be bound by the terms and conditions of this agreement, please
do not use or access the services.
User Agreement
You must read, agree with, and accept all of the terms and conditions contained
in this agreement before you become a subscriber to and user of USMLEWorld’s services.
We may amend this agreement at any time by posting the amended terms on our site
www.usmleworld.com (the "site"). Except
as stated below, all amended terms shall be effective 30 days after they are initially
posted on our site. Upcoming changes will also be posted on this page.
In this agreement, "you" or "your" means any person or entity subscribing to and/or
using the service ("users"). Unless otherwise stated, "USMLEWorld," "we," or "our"
will collectively refer to USMLEWorld, LLC.
PLEASE READ THE FOLLOWING USE, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY
BEFORE SUBSCRIBING TO OUR MATERIAL. AGREEING TO THE TERMS OF USE INCLUDES THE FOLLOWING:
License
In consideration of and subject to your payment of the appropriate subscription
fee for the services you subscribe to, and your agreement to and compliance with
the terms and conditions set forth in this agreement, USMLEWorld grants to you a
non-exclusive, non-sub licensable, non-transferable license, and right to use and
access the USMLEWorld content (the "licensed materials") from multiple places/locations/computers
at "different times." You are not allowed to access the USMLEWorld content from
multiple places/locations/computers at "same" time.
System Requirements
You must use a USMLEWorld recommended version of an operating system, Internet browser,
and any other required software to access the licensed materials. Our system requirements
are available for review here.
Software Use Terms
The USMLEWorld software used for the question banks (Qbank), Self-Assessment (SimExam),
and Computer-based Case Simulation (CCS) (hereafter collectively referred to as
"software") is designed to work with Java Runtime Engine (JRE) 1.5 or higher on
Windows and 1.4 or higher on Macintosh. Any attempt to use the USMLEWorld software
with lower versions of JRE constitutes a violation of the terms and conditions set
forth in this agreement, and might result in unexpected behavior, for which USMLEWorld
cannot be held responsible or liable for any damages. The USMLEWorld software is
designed to access your computer system's clipboard during use of the USMLEWorld
software. While a test is in progress, the USMLEWorld software shall disable all
clipboard functions of your computer system (including, but not limited to, copy-paste-print
and save-to-disk functions). Furthermore, the USMLEWorld software shall monitor
all processes on your computer to determine if there exists any applications that
could be used (intentionally or unintentionally) to copy contents. Simultaneous
use of such applications (hereafter referred to as "dubious applications") with
the USMLEWorld software constitutes a violation of this agreement. USMLEWorld reserves
the right to determine which application classifies as a "dubious application".
When such a process (or) application is found to be active on a user's machine,
the administrator will be notified with the "dubious" process name and the user
will also be notified with instructions to disable it on every attempt. In addition,
USMLEWorld reserves the right to disable the launch of any test(s), if any such
"dubious application" is found to be active on the user’s computer system. The user
will not be able to switch between applications when USMLEWorld software is running.
The user also understands and acknowledges this disabled function as part of the
subscription terms.
The user authorizes USMLEWorld software to access the computer on which the self-assessment
exam is being taken, and monitor every keyboard stroke for that computer. The user
also agrees to only use a computer mouse when taking the self-assessment exam. In
the event that more than three (3) keyboard strokes are detected, USMLEWorld reserves
the right to suspend the user’s subscription, report such unethical actions to medical
committees and residency programs, and pursue legal action if necessary.
The content presented in the self-assessment examination serves as an educational
tool only for medical students and graduates. The Assessment Score is calculated
by USMLEWorld based on its own proprietary algorithm. This is not intended to predict
your performance on the actual USMLE™ but is designed to help you assess relative
strengths and weaknesses in different subjects and systems of medicine.
USMLEWorld will always keep your account and self-assessment exam performance results
confidential and will not provide such information to third parties without your
consent. In the event that an educational institution (i.e., medical school or residency
program) pays for the self-assessment subscription, the educational institution
can request the performance results from USMLEWorld through your written consent.
The USMLEWorld Computer-based Case Simulation (CCS) software accurately reflects
the official USMLE Step 3 Primum CCS. However, it is important to understand that
we have no affiliation with the official USMLE Step 3 exam. Therefore, we cannot
guarantee that the USMLEWorld case scenarios and software will respond to the actions
of test-takers in an identical manner to the official USMLE Step 3 Primum CCS exam.
The USMLEWorld software has been tested with a wide range of computer configurations;
however, due to the rapidly evolving computer industry and unpredictability of various
factors affecting computer systems, USMLEWorld does not guarantee the functionality
of its software on every configuration, nor does USMLEWorld guarantee predictable
behavior of the software in general. You recognize all of the above terms and accept
that use of the USMLEWorld software on your system is done solely at your own risk.
Access via Mobile Devices - Qbanks Only
Access to Qbanks via certain mobile devices is provided as an additional feature, but it is
not intended to be a replacement for computer access. USMLEWorld, at its sole discretion,
may choose to discontinue offering access via any or all mobile devices at any time
with or without reason or explanation.
In order to install and use any of our Qbank software or app(s), you must have
a compatible device that meets all system requirements.
"Jailbroken" or "Rooted" devices are not supported. (Jailbroken/Rooted devices refer
to any devices that do not have original equipment manufacturers' (OEM's) operating
systems and/or any devices that have operating systems that have been modified in
a manner not approved or supported by the OEM). You agree that you will not attempt
to install or use the software on any jailbroken device. Further, any attempt to
install or use the software on a jailbroken/rooted device will constitute breach
of these terms and conditions of use and may result in account termination, without
refund, at the sole discretion of USMLEWorld.
You agree that USMLEWorld will not be held liable for any damages to your devices,
operating systems, and/or any data loss resulting from the direct or indirect installation
or use of the provided software.
No refunds or cancellation will be honored due to your inability to install and/or
use the provided software on any mobile device (regardless of whether or not the
device meets the minimum system requirements).
An internet connection is required while the software is in use, and a Wi-Fi internet
connection with an unlimited data plan is highly recommended (both unlimited upload
and unlimited download). Use of a fixed data plan, limited data plan, and/or any
other pay-per-use data plan for internet connection is not recommended. If you use
a fixed, limited, or pay-per-use data plan, you will be solely responsible for any
data charges incurred. You agree that USMLEWorld will not be held liable for any
data charges, overage fees, or any other miscellaneous fees or costs that result,
directly or indirectly, from use of the software on your devices, including in the
event of software malfunction.
While a test is in progress, you agree that you will not attempt, in any way, to
copy or capture the contents of any test screen (including, but not limited to,
via any OEM-provided functionality or third-party applications). USMLEWorld reserves
the right to disable your account without refund in the event that you attempt and/or
copies any USMLEWorld copyrighted content.
It is your sole responsibility to ensure that your mobile device is appropriately
used and safeguarded. In the event that your device is lost or stolen, you must
notify USMLEWorld immediately so that we may disable access to the account. Any
violations of these terms and conditions under your account will be treated as if
you performed said actions, and you will be fully liable for any damages directly
or indirectly resulting from said violations.
Export Restrictions on International Sales
In accordance with current U.S. export restrictions, USMLEWorld software may be
downloaded by individuals throughout the world except those in the following embargoed
countries: Cuba, Iran, Syria, North Korea, Myanmar (formerly Burma), and Sudan.
If you are residing in one of these countries, you may not purchase a subscription
or download USMLEWorld software.
Access to Course Content
You shall be allowed to use the licensed materials for the specific course(s) and
matter to which you have subscribed. Each course has its own subscription fees and
course duration. You are not allowed to access the content of courses that you have
not subscribed to (eg., subscribing to Step 2 CS does not mean that you will have
access to other materials like Step 2 CK and Step 3).
Order
Most of the information collected in the registration process will be used to process
orders. During the order process, you will have to provide financial information
such as your credit/debit card number, expiration date, CVV2 code, payee name, and
billing address. This information is used for billing purposes and to fulfill your
order. To properly process your credit/debit card information, we must share your
personal and financial information with the merchant bank for authorization and
approval. This process is protected by an enhanced security system. We do not share
your personal and financial information with any third parties, except those specified
in our Privacy Policy (available here).
When you attempt a transaction on our website, the card processor verifies available
funds by placing a hold, or pending charge, on the amount of the intended transaction
against your card. The card processor then confirms the accuracy of your remaining
information (e.g., your address, CVV2 Code, expiration date, etc.) before processing
the transaction. If you enter an incorrect address or other associated detail, then
the transaction is declined. This is NOT a situation unique with this website, but
it is how virtually all online transactions are handled. Typically it takes the
card issuing bank 2-5 days to clear associated pending charges resulting from failed/declined
attempts.
We charge for each successful transaction attempt and provide a confirmation of
such on our website and send a confirmation email to the registered email address
upon each successful transaction on our website. You can also log-in to your account
on our website and click on "Payments" section to retrieve a copy of your payment
receipt(s).
Refunds
Except as otherwise provided in this agreement or at the sole discretion of USMLEWorld,
no refunds, cancellations, or changes to subscriptions will be allowed. USMLEWorld
reserves the right to refuse a refund if the user is found to be in violation of
Terms and Conditions or acting against USMLEWorld's interest.
Member Account/Password and Security
You must complete USMLEWorld's registration process in order to subscribe to and
use the services by providing us with current, complete, and accurate information
as prompted by the applicable registration form. You shall be responsible for the accuracy of the data provided
and may update your profile data in order to reflect the most accurate current information.
You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality
of your password and account and for any and all activities that occur under your
account. You agree to notify USMLEWorld immediately of any unauthorized use of your
account or any other breach of security. USMLEWorld 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 USMLEWorld or another party due to someone else using your account or password.
Ownership
The licensed materials, including all intellectual property rights within the licensed
materials (such as copyright) are the sole and exclusive property of USMLEWorld.
By indicating that you accept these terms, you do not become the owner of the licensed
materials, but are entitled to use them according to the terms of this agreement.
Subscription Term
You have obtained the right to use and access the licensed materials for the course(s)
you have subscribed to for the subscription period of that course(s). The Qbank
test information will not be reset during the subscription period. At the end of
this period, your right to use and access the licensed materials will expire automatically
unless you renew your subscription under the current terms and conditions. The subscription
will start immediately after the activation unless you notify USMLEWorld with a
desired start date before using any part of the subscription. Subscription(s) cannot
be suspended temporarily or reactivated later. You must use the subscribed material
within the subscription period, and no free extensions are offered for any unused
period. Renewals are offered as a continuation to current subscription term. Renewals
are not offered for later use after expiration of current subscription. You must
renew the subscription prior to expiration and use it continuously. Renewal will
only be provided to the course subscribed. Some courses are offered as a combination
package(s), and the renewal will only be allowed for individual courses in the package
but not for combined packages. Renewals allow you to work for an extended period
on the existing Qbank test information. The Qbank test information will not be reset
(deleting test information) when you renew the same subscription unless the subscription
meets the 180-day period for which one reset of test information is allowed. This
agreement and your license to use the licensed materials will also terminate, at
USMLEWorld's sole discretion, if you fail to comply with any term or condition in
this agreement.
Permitted Uses
You may print out the allowed content from the most current version of the database
solely for your personal educational use if you include a source reference to USMLEWorld
and its copyright notice. “Allowed content” refers to that part of the USMLEWorld
content where USMLEWorld specifically provides a "Print" icon for printing. USMLEWorld
reserves the right to restrict printing for any content in the website. You agree
to have access to a computer and the Internet to access USMLEWorld, but except as
provided in this agreement, you may not print out the licensed materials. None of
the Qbank contents are allowed for print, copy-paste, or save-to-media/disk. Checklists
and the few sample cases are not allowed for printing in Step 2 CS. Certain portions
of the Step 3 CCS cases are allowed for printing. The rest of the material is not
allowed for printing.
Prohibitions
You are expressly prohibited from copying, reverse engineering, 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 chatrooms. You
many not use any device, software, or routine to interfere or attempt to interfere
with the proper working of the site or any activity being conducted at the site.
You may not disclose or share your password with any third parties or use your password
for any unauthorized purpose.
Restriction Against Transfer
You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise
transfer your right to use the licensed materials. All accounts at USMLEWorld are
monitored for multiple logins. In the event that USMLEWorld believes at its sole
discretion that an account is being used by multiple users at the same time, USMLEWorld
reserves the right to terminate that account without any notice or refund. We also
retain the right to sue on grounds of breach of contract. Therefore, please do not
disclose your account details to anyone else.
Violations
In the event that you breach any term of this agreement, USMLEWorld may, at its
sole discretion, terminate this agreement, your access to the site, and its provision
of services to you without refund. USMLEWorld reserves the right to seek all remedies
available by law and in equity for such breaches.
Marks
The United States Medical Licensing Examination™ (USMLE™) is a joint program of
the Federation of State Medical Boards (FSMB) and National Board of Medical Examiners®
(NBME®). None of the trademark holders are affiliated with USMLEWorld. The other
trademarks, logos, and service marks displayed on the site are the property of USMLEWorld.
Users are prohibited from using any USMLEWorld marks without the written permission
and consent of USMLEWorld. All content on the site is protected by copyright.
Affiliation
USMLEWorld is a commercial educational service provider for medical students and
graduates who are preparing for the United States Medical Licensing Examination
(USMLE™). USMLEWorld is in no way affiliated with the National Board of Medical
Examiners (NBME®), Federation of State Medical Boards (FSMB), or any other official
USMLE™ organizations.
No Warranties
USMLEWorld PROVIDES ITS SERVICES "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.
- USMLEWorld does not endorse, and is not responsible for, the accuracy or reliability
of any opinion, advice, or statement made through the site by any party other than
USMLEWorld. Other than as required under consumer protection law, under no circumstance
will USMLEWorld be liable for any loss or damage caused by your reliance on information
obtained through the site. It is your responsibility to evaluate the accuracy, completeness,
or usefulness of any information, opinion, advice, or other content available through
the site. Please seek the advice of professionals as appropriate regarding the evaluation
of any specific information, opinion, advice, or other content.
- The information provided in USMLEWorld is no substitute for individual patient assessment
based upon the healthcare provider's examination of each patient and consideration
of laboratory data and other factors unique to the patient
- USMLEWorld should be used as a tool to help medical students pass the exams
- USMLEWorld reserves the right to withdraw subscriptions and the complete site if
necessary. If this ever becomes necessary, you will only pay for the time of your
subscription that has elapsed (on a pro-rata basis)
- USMLEWorld will use reasonable efforts to rectify any error that occurs on its site
but does not guarantee access to the site in case of software errors/viruses/other
natural or technical catastrophes that cannot be repaired in spite of a reasonable
effort
- USMLEWorld will use reasonable efforts to keep its site online at all times. You
understand that scheduled maintenance and problems out of the control of USMLEWorld
can cause the site to be temporarily unavailable
Limitation of Liability
USMLEWorld specifically disclaims any liability (whether based in contract, tort,
strict liability, or otherwise) for any indirect, incidental, consequential, or
special damages arising out of or in any way connected with access to or use of
the site, this agreement, and our services, even if USMLEWorld has been advised
of the possibility of such damages, including liability associated with any medical
malpractice or viruses, which may infect a user's computer equipment. USMLEWorld's
maximum liability arising out of or in connection with your use of its services
and site, regardless of the cause of action (whether in contract, tort, breach of
warranty or otherwise), will not exceed your subscription fee.
Confidentiality of User Communications
Except as required by law, USMLEWorld will maintain the confidentiality of all user
communications, which contain personal user information and which are transmitted
directly to USMLEWorld. Your postings on any public arena, such as a message board
or in any chat room, will not be protected as confidential, and USMLEWorld may use
and disclose information contained in any such postings (including any ideas, concepts,
know-how, or other intellectual property) for any purpose deemed appropriate by
USMLEWorld.
Search engines and web crawlers
The information that is posted on USMLEWorld Forums is routinely indexed by search
engines and web crawlers (like Google, MSN, Yahoo, etc.). Therefore, when an online
search is conducted, the information posted might show up in search results. If
you do not wish for posting to be made publicly available or indexed by third-party
search engines, then do not make a post on our forums.
Linked Internet Sites
USMLEWorld is not responsible for the content available on any other Internet sites
linked to the site. Access other Internet sites linked to the site is at your own
risk.
You may link to the home page of our website as long as the link does not cast us
in a false or misleading light.
Postings
USMLEWorld is under no obligation to review any messages, information, or content
("Postings") posted on the site by users, and assumes no responsibility or liability
relating to any such postings. Notwithstanding the above, USMLEWorld may from time
to time monitor the postings on the site and may decline to accept and/or remove
any postings that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
profane, hateful, racial, ethnic, or otherwise objectionable material of any kind,
including, but not limited to any material which encourages conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate any applicable
local, state, national, or international law
- Advertisements or solicitations of any kind
- Messages posted by users impersonating others
- Personal information such as messages which state phone numbers, social security
numbers, account numbers, addresses, or employer references
- Messages by non-spokesperson employees of USMLEWorld purporting to speak on behalf
of USMLEWorld
- Messages that offer unauthorized download of any copyrighted or private information.
Multiple messages placed within individual folders by the same user restating the
same point
- Chain letters of any kind
DMCA Guidelines
In accordance with the Digital Millennium Copyright Act (DMCA), USMLEWorld encourages
all copyright infringement claims to be made in writing. Any registered user or
visitor to the USMLEWorld website who believes they are a victim of copyright infringement
should notify the USMLEWorld DMCA agent immediately.
If you are the copyright owner or an agent acting on behalf of the copyright owner,
please provide us the following information:
- The description of the probable copyright infringement material(s)
- Any information that can assist USMLEWorld agents to properly pinpoint the information,
including, infringer's user ID, URL of the page, date of posting, etc.
- Detailed contact information, including your full name, address, e-mail, and telephone
number
- Include the following statement: "I have a good faith belief that use of the copyrighted
materials described above as allegedly infringing is not authorized by the copyright
owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information
in the notification is accurate and that I am the copyright owner or am authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed."
Send written communication to:
USMLEWorld, LLC
ATTN: DMCA Agent
545 E. John Carpenter Freeway, Suite 1600
Irving, Texas 75062, USA
Or fax:
USMLEWorld, LLC Legal Support, DMCA Claims
Fax: 972-887-3296
Governing Law
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.
This agreement is governed by the internal substantive laws of the state of Texas
in the United States of America, without respect to the conflict of laws principles.
Jurisdiction for any claims arising under this agreement shall lie exclusively with
the state or federal courts within Dallas, Texas in the United States of America.
If any provision of this agreement is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of this agreement, which shall remain in full force and
effect. No waiver of any term of this agreement shall be deemed a further or continuing
waiver of such term or any other term.
Should you have any questions regarding this agreement, you may
contact USMLEWorld at any time.