PROMEDICAL EDUCATION LLC
TERMS OF SERVICE

We are ProMedical Education LLC, and we are a Texas limited liability company (“We,” “Us,” “ProMedical Education LLC” or the “Company”). We offer the www.promedicaleducation.com website, which maintains software, learning materials, and videos (and other associated products and services) (hereinafter the “Service”) according to the terms of service (the “Terms” or “Terms of Service”) below, and our separate privacy policy (the “Privacy Policy”), both of which are accessible via our website.

These terms govern your access to and use of ProMedical Education LLC and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). The Content is the sole and exclusive property of ProMedical Education LLC. By indicating your acceptance, you do not become an owner of the Services, but are entitled to their use in accordance with the terms of this Agreement.

By clicking a box that states you accept or agree to these terms or by using our Service, you are agreeing to the terms below. Please read them carefully. If you do not agree to the Terms, you must stop using the Services and delete your ProMedical Education LLC account.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SERVICE.

We reserve the right to modify these terms without notice. Your continued usage of the Service constitutes your acceptance of these terms. Violation of any terms will result in termination of your account. Questions about the Terms of Service may be sent to ObscureMyEmail.

1. Access to Services.

(a) ProMedical Education LLC does not knowingly collect or solicit personal information from anyone under the age of 17 or knowingly allow such persons to register for the Services. If you are under 17, please do not register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 17 may provide any personal information to ProMedical Education LLC or on the Services. If we learn we have collected personal information from a child under age 17 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 17, please contact us at ObscureMyEmail.

(b) You represent and warrant to ProMedical Education LLC that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 17 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

(c) ProMedical Education LLC may prohibit any user from using the Service in its sole discretion for any reason, and We are not liable for any damage or loss resulting from such prohibition.

2.
Basic Terms.

(a) You are responsible for the use of the Services and for any consequences.

(b) You may use the Services only if you can form a contract with ProMedical Education LLC and are not barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services for a company, organization, government, or other legal entity, you represent and warrant you are authorized to do so. You may use the Services only in compliance with these Terms and all local, state, national, and international laws, rules and regulations.

(c) The Services that ProMedical Education LLC provides are always evolving, and the form and nature of the Services that ProMedical Education LLC provides may change from time to time without prior notice to you. ProMedical Education LLC may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion without prior notice to you.

(d) The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for ProMedical Education LLC, third party providers and partners may place such advertising on the Services on in connection with the display of Content or information from the Services whether submitted by you or others.

3.
Fees and Payment. You shall pay all applicable fees, as described on the Website for such Services selected by you. Company reserves the right to change its price list and to institute new charges upon notice to you, which may be sent by mail or posted on the Website. Using the Services following such notification constitutes your acceptance of any new or increased charges.

4. Privacy. Any information you provide to ProMedical Education LLC is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your ProMedical Education LLC account, which you may not be able to opt-out from receiving.

5.
Password. You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your ProMedical Education LLC account. ProMedical Education LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

6.
Content on the Services.

(a) You are granted a limited, nonexclusive, non-sublicensable license to access and use the Service. This license is revocable at any time. This license is subject to the Terms of this Agreement.

(b) You acknowledge that ProMedical Education LLC has no control over, and no duty to take any action regarding the following: (i) which users gains access to the Services; (ii) what Content you access via the Services; (iii) what effects the Content may have on you; (iv) how you may interpret or use the Content; or (v) what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services.

(c) Legal and Medical Disclaimer.
You should obtain professional advice. The medical information on this site and within its materials is provided as an information resource only, and is not to be used or relied on for any diagnostic or treatment purposes. This information is not intended to be patient education, does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment. The ProMedical Education LLC software, materials, and videos have been designed and written for training purposes of healthcare professionals and assume specialized knowledge by users. The Services may be accessed and used only as expressly permitted hereunder as a reference to enhance user understanding of ECG practices and standards. However, medical standards and practices are constantly changing as new information becomes available and a variety of sources of information should be consulted. The information contained in the Services delivers similar information to that of a textbook or other health resource. ProMedical Education LLC accepts no responsibility for the correctness of any diagnosis based in whole or in part upon the use of the Services. Although great care has been taken in compiling the Service, ProMedical Education LLC and its owners, members, authors, employees, and agents shall not be responsible or in any way liable for errors, omissions, or inaccuracies, whether arising from negligence or otherwise, or for any consequences arising therefrom.

7.
Prohibited Use.

(a) We reserve the right (but will not have an obligation) to remove or refuse to distribute the Services and to suspend or terminate users or reclaim usernames without liability to you. We also reserve the right to retrieve and review communications between all ProMedical Education LLC users. We reserve the right to investigate and take appropriate legal actions, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

(b) You are prohibited from using your subscription for:

i. Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

ii. Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;

iii. Is a direct and specific threat of violence to others;

iv. Is in furtherance of illegal activities;

v. Is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or

(c) We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (v) respond to user support requests; or (v) protect the rights, property or safety of ProMedical Education LLC, its users and the public. ProMedical Education LLC does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

(d) You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, ProMedical Education LLC’ computer systems, or the technical delivery systems of ProMedical Education LLC’ providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ProMedical Education LLC (and only under those terms and conditions), unless you have been allowed to do so in a separate agreement with ProMedical Education LLC (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services (vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; or (vii) reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services.

8. Copyright Ownership, and Data Security.

(a) ProMedical Education LLC and Michael Bui, MD own intellectual property rights to any protectable part of the Service, including but not limited to video, design, artwork, images, code, icons, photographs, functionality, and documentation (“ProMedical Education LLC Content”). You may not copy, reproduce, republish, frame, download, transmit, display, modify, license, sublicense, loan, lease, reverse engineer, or exploit, in whole or in part, any part of the Service owned by ProMedical Education LLC.

(b) No part of the Services may be copied for resale or other commercial use, or posted on public bulletin boards, websites, internet domains, or online chatrooms. However, you may print out individual articles containing insubstantial portions of the Services for your personal reference if you include a source reference to ProMedical Education LLC and its copyright notice. ProMedical Education LLC reserves the right in its sole discretion to change or cancel an individual’s access, username and password without notice in the event of concurrent logins at different computers, excessive search quantities or excessive download traffic volumes. ProMedical Education LLC reserves the right in its sole discretion to limit, suspend or cancel an individual’s access to the Services without notice in the vent of multiple concurrent logins, excessive search quantities or download traffic volumes.

(c) ProMedical Education LLC respects the intellectual property of others. ProMedical Education LLC’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
info@promedicaleducation.com or mail at 3102 Maple Ave., Ste. 400, Dallas, TX 75201.

9. Termination.

(a) You have obtained the right to use and access the Services for a specific period of time. At the end of this period, your license and associated rights, shall expire automatically, unless you have renewed your license under then current terms. This Agreement and your license to use the Services shall also terminate if you fail to comply with any term or condition in this Agreement. ProMedical LLC’s limitations of liability and disclaimers shall survive the expiration or termination of this Agreement.

(b) ProMedical Education LLC may terminate or suspend your access to the Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. ProMedical Education LLC may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement or the Privacy Policy.

(c) Any fees paid are non-refundable. Upon termination of your account, your right to use the Services or to access any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Disclaimers. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROMEDICAL EDUCATION LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. PROMEDICAL EDUCATION LLC DOES NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. ProMedical Education LLC expressly disclaims responsibility, and its owners, members, authors, employees, and agents shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site. ProMedical Education LLC does not endorse specifically any test, treatment, or procedure mentioned on the site. The Services are licensed “as is” and all expressed or implied warranties are expressly excluded and disclaimed, including without limitation implied warranties of merchantability or fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade. Any statements or representations made by any other person or entity are void. You assume all risk as to the quality, function, performance, and accuracy of the Services.

10.
Limitations on Liability.

(a) TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL PROMEDICAL EDUCATION LLC OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMANGES THAT RESULT FROM THIS AGREEMENT, EVEN IF THE DAMAGED PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) TO THE EXTEND PERMITTED BY LAW, EXCEPT FOR THE INDEMNITY OBLIVATIONS SET FORTH HEREIN, IN NO EVENT WILL PROMEDICAL EDUCATION LLC’S OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO PROMEDICAL EDUCATION LLC HEREUNDER.

11. Indemnification. By agreeing to these Terms, you agree to indemnify, defend, and hold harmless ProMedical Education LLC, our directors, officers, managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) using the Service; (b) any content you use, distribute, store, or otherwise transmit through the Service; (c) violating these Terms; or (d) violating the rights of another.

12.
Services Available “AS-IS.”

(a) Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS.” Without limiting the foregoing, PROMEDICAL EDUCATION LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

(b) ProMedical Education LLC makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or failing to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from ProMedical Education LLC or through the Services will create any warranty not expressly made herein.

13.
International Users. The Service is hosted in the United States. If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Service, which is governed by United States law, you are transferring your personal information to the United States and you consent to that transfer.

14.
Children’s Privacy. ProMedical Education LLC does not knowingly collect or solicit any information from anyone under the age of 17 or knowingly allow such persons to register for the Service. The Service and its Content are not directed as children under the age of 17. If we learn we have collected personal information from a child under the age of 17 without parental consent, we will delete that information from a child under the age of 17 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 17, please let us know at ObscureMyEmail.

15.
Other Web Sites and Services. We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over third-parties that you authorize to access your Content. If you are a third-party website or service and you allow them to access your account, you do so at your own risk.

16.
Miscellaneous.

(a) ProMedical Education LLC’s failure to enforce or exercise a right provided in these terms is not a waiver of that right.

(b) Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.

(c) Any dispute between you and ProMedical Education LLC will be governed by these Terms and the laws of Texas exclusively in the state or Federal courts of the State of Texas, USA, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

(d) This Terms of Service constitutes the entire agreement between you and ProMedical Education LLC and supersedes any and all previous agreements, written or oral, between you and ProMedical Education LLC, including previous versions of the Terms of Service.

(e) We may modify these terms as necessary to reflect updates to the Service, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept the changes in the terms, you should discontinue your use of the Service.

(f) These Terms create an agreement between Us and you. They create no third-party beneficiary rights.

(g) Waiver of any remedy for a breach of these Terms does not prevent Us from taking action in the future.

(h) You may not sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to access or use the Services.

(i) The Services are the sole and exclusive property of ProMedical Education LLC. By indicating your acceptance, you do not become an owner of the Services, but are entitled to their use in accordance with the terms of this Agreement.


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