Terms of Use

This user agreement (“agreement”) is a contract between you and ACM Education Services, LLC and applies to your subscription to and use of products and services available through www.artocm.com (collectively the “services”). Purchase of services indicates an implicit agreement with the Terms of Use. If you do not agree or do not intend to abide by these stated Terms of Use, please refrain from purchase or use of ACM Education Services products.

User Agreement

You must read, agree with, and accept all of the terms and conditions and our privacy policy before you become a subscriber to and user of ACM Education Services’ products.

We may amend this agreement at any time by posting the amended terms on our website www.artocm.com (hereafter known as 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, “ACM Education Services,” “we,” or “our” will collectively refer to ACM Education Services.

PLEASE READ THE FOLLOWING TERMS, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO OUR MATERIAL. AGREEING TO THE TERMS OF USE INCLUDES THE FOLLOWING:

Age Restriction

In order to use ACM Education Services products, you need to:

1. Be 13 or older
2. Have the power to enter binding agreement(s) with us without being restricted by any applicable laws

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, ACM Education Services grants to you a non-exclusive, non-sub licensable, non-transferable license, and right to use and access the ACM Education Services content (the “licensed materials”) from multiple devices/locations with non-concurrent login access (“different times”). You are not allowed to access the ACM Education Services content from multiple devices/locations concurrently (at the “same time”). Access of ACM Education Services products from multiple devices/locations concurrently will be defined as account sharing, and appropriate action will be taken as defined in the “Restriction Against Transfer” section of this agreement.

System Requirements

You must use anACM Education Services recommended version of an operating system, Internet browser, and any other required software to access the licensed materials as specified in our system requirements. System Requirements are updated to account for advancements in technology. ACM Education Services reserves the right to discontinue support for any system at any time. Compensation will not be provided for inability to use or access the services on discontinued or unsupported systems/devices.

Software Use Terms

The ACM Education Services software used for the clinical education content (hereafter collectively referred to as “software”) is designed to work with Java Runtime Engine (JRE) 8.0 or higher on Windows and Macintosh. Any attempt to use the ACM Education Services 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 ACM Education Services cannot be held responsible or liable for any damages. The ACM Education Services software is designed to access your computer system’s clipboard during use. While a test is in progress, the ACM Education Services 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 ACM Education Services software shall monitor all processes on your computer to determine if there exist 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 ACM Education Services software constitutes a violation of this agreement. ACM Education Services reserves the right to determine which applications are classified as “dubious applications”. When such a process or application is found to be active on a user’s machine, the administrator will be notified with the process name. The user will also be notified with instructions to disable it on every attempt. In addition, ACM Education Services 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 ACM Education Services software is running. The user also understands and acknowledges this disabled function as part of the subscription terms.

ACM Education Services will always keep your account confidential and will not provide such information to third parties without your consent.

The ACM Education Services 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, ACM Education Services does not guarantee the functionality of its software on every configuration, nor does ACM Education Services guarantee predictable behaviour of the software in general. You recognize all of the above terms and accept that use of the ACM Education Services software on your system is done solely at your own risk.

Access via Mobile Devices

Access to content certain mobile devices is provided as an additional feature, but it is not intended to be a replacement for computer access. ACM Education Services, 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 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/rooted 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 ACM Education Services.

You agree that ACM Education Services 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 honoured 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 ACM Education Services 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.

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). ACM Education Services reserves the right to disable your account without refund in the event that you copy or attempt to copy any ACM Education Services 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 ACM Education Services 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, ACM Education Services software may be downloaded by individuals throughout the world except those in the following embargoed countries: Cuba, Iran, Syria, North Korea and Sudan. If you are residing in one of these countries, you may not purchase a subscription or download ACM Education Services software.

Access to website Content

You shall be allowed to use the licensed materials to which you have subscribed.

Reasonable Use

ACM Education Services products are intended for individual self-study and exam preparation and are sold in the form of subscriptions. The products are designed to facilitate careful review by users of all content contained within the subscriptions in order to deliver maximum benefit and optimal study experience to our typical users (hereafter also referred to as “normal” product usage). “Typical” refers to users with a usage pattern of at least 90% of regular users of any particular subscription.

Usage of ACM Education Services subscriptions which is determined not to fall under reasonable use may result in action taken against the account, at ACM Education Services’ sole discretion. Subscription utilization that is indicative of, or arising from, impermissible business, multiple user, community, or fraudulent use may result in suspension or termination of the subscription in question. ACM Education Services may contact any user at any time to request clarification of a usage pattern which does not fall under reasonable use.

Member Account/Password and Security

You must complete ACM Education Services’ 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. 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 ACM Education Services immediately of any unauthorized use of your account or any other breach of security. ACM Education Services 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 ACM Education Services 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 ACM Education Services. 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 the right to use and access the licensed materials for the course(s) you have subscribed to for the duration of your subscription period unless an interval of maintenance downtime has been scheduled. Content will be provided as described in the respective product description pages and may change during the course of a subscription period to remain relevant. The subscription period will start immediately after activation unless you notify ACM Education Services about a desired start date before using any of the licensed content. Subscription(s) cannot be suspended temporarily and reactivated at a later date. You must use the content within the subscribed period, and no free extensions are offered in exchange for any unused time.

At the end of your subscription period, your right to use and access the licensed materials will expire automatically unless you renew under ACM Education Services’ current terms and conditions. A renewal will allow you to access existing content for a preset extended period. Renewals are offered as a continuation to a current subscription term but not for later use after this term has expired. You must renew the subscription prior to its expiration date. This agreement and your right to use the licensed materials will also terminate at ACM Education Services’ sole discretion if you fail to comply with any terms or conditions.

Permitted Uses

You may print out content from the most current version of the database solely for your personal educational use if you include a source reference to ACM Education Services and its copyright notice. You agree to have access to a computer and the Internet to access ACM Education Services, but except as provided in this agreement, you may not print out the licensed materials. You may not print, copy-paste, or save-to-media/disk.

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 ACM Education Services are monitored for multiple logins. In the event that ACM Education Services believes at its sole discretion that an account is being used by multiple users at the same time, ACM Education Services 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, ACM Education Services may, at its sole discretion, terminate this agreement, your access to the site, and its provision of services to you without refund. ACM Education Services reserves the right to seek all remedies available by law and in equity for such breaches.

Marks

The trademarks, logos, and service marks displayed on the site are the property of ACM Education Services. Users are prohibited from using any ACM Education Services marks without the written permission and consent of ACM Education Services. All content on the site is protected by copyright.

Affiliation

ACM Education Services is a commercial educational service provider for individuals who are learning medical content for daily medical practice and/or preparing for any standardized examination. ACM Education Services is in no way affiliated with any licensing board such as the National Board of Medical Examiners (NBME®),Association of American Medical Colleges (AAMC), or any other official licensing organizations.

No Warranties

ACM Education Services 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.

ACM Education Services 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 ACM Education Services. Other than as required under consumer protection law, under no circumstance will ACM Education Services 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 ACM Education Services 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.

ACM Education Services can also be used as a tool to help individuals prepare for various exams.

ACM Education Services 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)

ACM Education Services 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

ACM Education Services will use reasonable efforts to keep its site online at all times. You understand that scheduled maintenance and problems out of the control of ACM Education Services can cause the site to be temporarily unavailable

Limitation of Liability

ACM Education Services 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 ACM Education Services 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. ACM Education Services’ 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, ACM Education Services will maintain the confidentiality of all user communications, which contain personal user information, and which are transmitted directly to ACM Education Services. Your postings on any public arena, such as a message board or in any chat room, will not be protected as confidential, and ACM Education Services 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 ACM Education Services.

Search engines and web crawlers

The information that is posted on ACM Education Services 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

ACM Education Services 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

ACM Education Services 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, ACM Education Services may from time to time monitor the postings on the site and may decline to accept and/or remove any postings that contain:

1. 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
2. Advertisements or solicitations of any kind
3. Messages posted by users impersonating others
4. Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references
5. Messages by non-spokesperson employees of ACM Education Services purporting to speak on behalf of ACM Education Services
6. Messages that offer unauthorized download of any copyrighted or private information
7. Multiple messages placed within individual folders by the same user restating the same point
8. Chain letters of any kind

DMCA Guidelines

In accordance with the Digital Millennium Copyright Act (DMCA), ACM Education Services encourages all copyright infringement claims to be made in writing. Any registered user or visitor to the ACM Education Services website who believes they are a victim of copyright infringement should notify the ACM Education Services 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:

1. The description of the probable copyright infringement material(s)
2. Any information that can assist ACM Education Services agents to properly pinpoint the information, including, infringer’s user ID, URL of the page, date of posting, etc.
3. Detailed contact information, including your full name, address, e-mail, and telephone number
4. 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.”
5. 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:

info@artocm.com

ACM Education Services
ATTN: DMCA Agent

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 us at any time.