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 refer collectively to USMLEWorld, LLC.
PLEASE READ THE FOLLOWING USE, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY
BEFORE SUBSCRIBING TO OUR MATERIAL.
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. Agreeing to the terms of this
agreement includes the following:
System Requirements
You have to use a USMLEWorld recommended version of operating system, Internet browser
and any other required softwares to access the licensed materials. Our system requirements
are available for review here.
Software Use Terms
The USMLEWorld software(s) used for the question banks (Qbank), Self-Assessment
(SimExam), Computer-based Case Simulation (CCS) are 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, 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 one 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, residency
program(s), pays for the user’s self-assessment subscription, the educational institution
can request the performance results from USMLEWorld through the written consent
of the user.
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(s) 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
Access 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 provided software or app(s) (hereafter collectively referred to as "software"), you must have a compatible device that meets all system requirements.
"Jailbroken" devices are not supported. (Jailbroken 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). Users agree that they 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 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.
Users agree that USMLEWorld will not be held liable for any damages to the users' 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 a user's 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. Users who use a fixed, limited, or pay-per-use data plan will be solely responsible for any data charges incurred. Users 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 users' devices, including in the event of software malfunction.
While a test is in progress, users agree they 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 any user's account without refund in the event that a user attempts and/or copies any USMLEWorld copyrighted content.
It is the user's sole responsibility to ensure that their mobile device is appropriately used and safeguarded. In the event that a user's device is lost or stolen, the user must notify USMLEWorld immediately so that we may disable access to the account. Any violations of these terms and conditions under a user's account will be treated as if the user performed said actions, and said user 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(s) 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 in one of these countries, you may not download USMLEWorld Software(s).
If you are residing in any of these countries, please do not purchase a subscription
or download any USMLEWorld software(s).
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. Subscribing to one course (like Step 2 CS) does not mean that
you will have access to all 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 Privacy policy (available here).
When you attempt a transaction on our website, your credit/debit card is not actually
charged at that moment. The card processor checks with your card issuer to first
make sure you have enough available funds to complete the purchase. At that time,
your card issuer places a hold, or pending charge, on the amount of the intended
transaction against your card. The card processor then makes sure the other info
you input (for instance, your address, CVV2 Code, expiration date, etc.) is correct,
and if all is well the transaction is processed. If not, such as 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
LLC reserves the right to refuse a refund if the user is found to be in violation
of Terms and Conditions or acting against USMLEWorld LLC'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 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 in 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). 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 the user notifies
USMLEWorld with a desired start date before using any part of the subscription.
Subscription(s) cannot be suspended temporarily or reactivated later. The user 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. The user 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
the user to work for extended period on the existing Qbank test information. The
Qbank test information will not be reset (deleting test information) when the user
renews 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 icensed materials will also terminate in 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” means 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. The user agrees to
have access to computer and the Internet to access USMLEWorld. 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. The Qbank test
information will not be reset during the subscription period. Check lists 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 chartrooms. 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 an 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 logons. In the event that USMLEWorld believes in 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 in its sole
discretion terminate this agreement, your access to the site, and its provision
of services to you without refund, and 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 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 a user's reliance on
information obtained through the site. It is the responsibility of the user 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.
- USMLE WORLD reserves the right to withdraw subscriptions and the complete site if
necessary. If this ever becomes necessary, users will only pay for the time of their
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. The
user understands, however, 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. Postings by a user 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 your 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 to any other Internet sites linked to the site is at
the user's 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, racially, ethnically, 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 or 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 URL's, 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."
Written communication should be sent 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 its 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.