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Terms and Conditions

WEBSITE TERMS OF USE

The website located at AdventureMed.com (the “Site”) is a copyrighted work belonging to AdventureMed, LLC (“AdventureMed,” “us,” “we,” or “our”).  Certain features of the Service (as defined below) may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use (these “Terms of Service” or “Terms”) set forth the legally binding terms and conditions that govern your use of the Site and any applications, including mobile applications or other services (Collectively, the “Service”).  By accessing or using the Service, you are accepting these Terms of Service (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service (on behalf of yourself or the entity that you represent).  If you do not agree with all of the provisions of these Terms, do not access and/or use the Site or Service.

These terms include an obligation to arbitrate most claims arising hereunder. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ADVENTUREMED ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

This Agreement applies to all visitors, users, and others who access the Service or Site (“you” or, if you register, “Users”). AdventureMed reserves the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Service.

Use of Our Service

Eligibility

The Service allows users to review information about and register for AWLS, BWLS and WLS classes, some of which are eligible for continuing medical education credit. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by AdventureMed.

User Account

Registration may be required in order to use the Services. Some of the features of the Services may require you to register on our site or the site of our third party licensees. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify AdventureMed immediately of any unauthorized use of your account or any other breach of security. AdventureMed 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 AdventureMed or another party due to someone else using your account or password. Only one user may use each user name, and if you or your entity require additional user names, you must contact the AdventureMed. You may not use anyone else’s account at any time, without the express permission of the account holder.  You represent and warrant that you will provide AdventureMed with accurate and complete information, including without limitation any information related to any medical licenses you may hold.

Service Rules

You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the AdventureMed servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that AdventureMed grants the operators of public search engines revocable permission to use spiders to copy materials from com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. We may also modify the Services or Content at any time without notice to you. Upon termination for any reason or no reason, you continue to be bound by these Terms. You are solely responsible for your interactions with other AdventureMed users.

Accreditation

As part of the Service, we may assist with submitting course completion information to the applicable continuing medical education (CME provider).  This service is provided as a courtesy, and AdventureMed is not responsible for any late, partial, or missing applications or correspondence to a CME provider.  You should make sure you have copies of all CME information. You represent and warrant that all information and materials you may provide to us in connection with any accreditation is accurate, up to date, and complete.  If you submit any accreditations for online CMEs, you represent and warrant that you fully attended and completed the coursework.

No Medical Advice

AdventureMed does not provide Medical Advice. The contents of the Services are for general informational purposes only. The Service and its Content are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Reliance on any information provided by the AdventureMed or third parties is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Services, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.  Developments in medical research may impact the information that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material. Medical professionals and health care providers should exercise their own judgment in determining whether a particular course (or any recommendations in a course) are appropriate for their practice or their patients in any given situation.
Payment. AdventureMed may permit you to sign up for certain courses through the Services.  All orders are subject to AdventureMed’s acceptance in its sole discretion.  The fees (the “Fee”) to be charged to you for each course or service will be set forth on the Site. You should be sure to review the course description to see qualification and eligibility requirements, locations, pricing, etc.  You are solely responsible for determining whether you are eligible to take a course.  All Fees are due and payable in advance of services.  The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in U.S. Dollars.  Clients are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service, except for taxes on AdventureMed’s income. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.  All Fees are non-refundable, non-cancellable, and non-returnable. You will be responsible for costs associated with AdventureMed’s efforts to collect amounts due, including any attorney’s fees or collection agency fees.  You may also book courses shown on our site through our third party partners and licensees, and if you do so you will be responsible for all such fees associated with such courses.  If you book through a third party, AdventureMed is not responsible for such courses or any amounts paid by you for such courses – you should review the policies of the third party sites before purchasing.   You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.

Proprietary Rights

AdventureMed retains sole and exclusive ownership of all rights, title and interests in the Service and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. You acknowledge and agree that AdventureMed will have no obligation to provide you with any support or maintenance in connection with the Site or Service.  Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. AdventureMed reserves all rights not expressly granted herein in the Service and the AdventureMed Content. AdventureMed may terminate this license at any time for any reason or no reason. The rights granted to you in these Terms of Service are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site or Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Service; (c) you shall not access the Site or Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Site and Service shall be subject to these Terms of Service.  All copyright and other proprietary notices on the Site (or on any content displayed on the Site or  Service) must be retained on all copies thereof.  For purpose of these Terms of Service, the term “Content” includes, without limitation, course descriptions, course information, coursework, course evaluations, blog posts, information, data, text, photos, graphics, in static or interactive feature, owned by or licensed to AdventureMed and which is provided or otherwise made available through the Service. Any use or reliance on any Content posted through the Service or obtained by you through the Service is at your own risk.

Feedback

If you provide AdventureMed with any feedback or suggestions regarding the Site or Service (“Feedback”), you hereby assign to AdventureMed all rights in such Feedback and agree that AdventureMed shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. AdventureMed will treat any Feedback you provide to AdventureMed as non-confidential and non-proprietary.  You agree that you will not submit to AdventureMed any information or ideas that you consider to be confidential or proprietary.

External Websites

The Website may contain links to third-party websites, including without limitation third parties who provide courses (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Websites, you do so at your own risk.

Indemnity

You agree to defend, indemnify and hold harmless AdventureMed and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) any claim or damages that arise as a result of any of your user submissions or any that is submitted via your account; or (f) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

No Warranty

THE SERVICE AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE AND CONTENT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ADVENTUREMED, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADVENTUREMED, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADVENTUREMED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE;. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR ANY COURSE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID TO US FOR THE APPLICABLE COURSE OR FIFTY ($50) US DOLLARS.

Changes to the Terms of Service

These Terms of Service are subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any material changes to these Terms of Service will be effective upon our posting of notice of the changes on our site.  Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address In any event, changes to these Terms of Service may affect our use of information that you provided us prior to our notification to you of the changes.  If you do not wish to permit changes in our use of your information, you must deactivate your account with us.  Continued use of our website, or services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Privacy Policy. AdventureMed respects the privacy of others. Any information that you provide to AdventureMed through the Service is subject to AdventureMed’s Privacy Policy and is hereby incorporated by reference. Your use of the Service constitutes your consent to the collection and use of your personal information, as described in the Privacy Policy.

AdventureMed may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your account. If you wish to terminate your account, you may do so by sending AdventureMed an email to Info@adventuremed.com specifying your request and providing AdventureMed with your name and email address. If you terminate your account, your profile will be removed from the Service, however, deletion may not be immediate and AdventureMed may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.

Dispute Resolution

These Terms of Service shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that AdventureMed has not adhered to this Statement, please contact AdventureMed by e-mail at  info@adventuremed.com. We will do our best to address your concerns.  If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.  If you and AdventureMed are unable to reach a resolution to the dispute, you and AdventureMed will settle the dispute exclusively under the rules of the American Arbitration Association (adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and AdventureMed agree that any arbitration will be limited to the dispute between AdventureMed and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ADVENTUREMED ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and AdventureMed otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

Entire Terms

These Terms of Service constitute the entire agreement between you and us regarding the use of the Site and Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to AdventureMed is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without AdventureMed’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  The terms and conditions set forth in these Terms of Service shall be binding upon assignees.

Copyright/Trademark Information

Copyright © 2019, AdventureMed, LLC All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site and Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

AdventureMed welcomes your comments or questions regarding these Terms of Service. Please e-mail us at info@adventuremed.com or contact us at the following address or phone number: 970.444.4001

AdventureMed, LLC
Attn: AdventureMed Privacy Agent
26 S. Rio Grande Street, Suite 2072
Salt Lake City, UT 84101

Effective as of December 9, 2019.