• Modify the Site or make it possible for you or someone else to access the Site without using an interface that we provide (including through the use of spiders or robots, except to facilitate the creation of public search engines that catalog publicly accessible portions of the Site);
• Introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Damage, disable, overburden, impair, or gain unauthorized access to the Site or our servers, computer network, or user accounts;
• Collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us;
• Falsify, conceal, or modify information identifying yourself or another user, including Internet protocol header information;
• Use our servers, networks, or other facilities for any purpose not explicitly authorized by us, including for the transmission of messages not authorized by us, or to interfere with or cause damage to the Site or any other service operated by us or any other party; or
• Take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party.

• Advertise or offer to sell or buy any goods or services for any business purpose;
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• Download any file posted by another user of a Communication Service that you know, or should reasonably should know, cannot be legally distributed in such manner;
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
• Upload files that contain viruses, corrupted files, or any similar software or programs that may damage the operation of another’s computer;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Restrict or inhibit any other user from using and enjoying the Communication Services; and
• Violate any applicable laws or regulations.

Doctors In Training has no obligation to monitor the Communication Services. However, Doctors In Training reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. Doctors In Training does not endorse the content, messages or information found in any Communication Service and, therefore, Doctors In Training specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Material uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Acceptance of Orders

Your receipt of an order acknowledgement via email does not guarantee the acceptance of an order. We reserve the right to limit the quantity of items ordered and/or refuse to sell to any customer.

Disclaimer of Warranties

No warranties of any kind are made with respect to the Site or Content. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS. DOCTORS IN TRAINING AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMISSABLE BY APPLICABLE LAW, DOCTORS IN TRAINING AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITE OR CONTENT CREATED ON OR THROUGH THE SITE). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DOCTORS IN TRAINING SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE INDEMNIFIED PARTIES’ CONDUCT WAS WILLFUL.

Indemnification

You hereby agree to indemnify and hold Doctors In Training, its directors, officers, members, managers, employees, agents, affiliates, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising out of or in connection with your use of or inability to use the Site or its Content, products or services.

Passwords and Account Security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access Doctors In Training products and services.

You agree not to share access to any of the Doctors In Training videos and related materials.

Submissions

All concepts, ideas, comments manuscripts, illustrations, and all other materials disclosed or offered to Doctors In Training on or in connection with this Site are submitted without any restrictions or expectation of confidentiality. Doctors In Training shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. Doctors In Training shall have the right to use, publish, reproduce, transmit, download, upload, post, display or otherwise distribute your submissions in any manner without notice or compensation to you.

Trademarks

Doctors In Training® is a registered trademark and DoctorsInTraining.com™ is a trademark of Doctors In Training.com, LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Export Controls

Your use of the Site will comply with all applicable laws, rules and regulations that govern the export of technical data.

Other Terms and Conditions; Conflicts

Additional terms and conditions may apply to purchases of products or services and to specific portions or features of the Site. If there is a conflict between these Terms of Use and the terms that are posted for or applicable to a specific portion of the Site, or for any product or service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site, or the specific product or service.

Notification of Alleged Infringement

Notifications regarding any alleged intellectual property infringement should be directed to the Doctors In Training Legal Department by email addressed to [email protected].

Governing Law

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF TEXAS, WITHOUT REGARD TO CHOICE OF LAW RULES, AND THAT ANY LEGAL ACTION BROUGHT BY ONE PARTY AGAINST THE OTHER WILL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS IN TARRANT COUNTY, TEXAS.

Limitation of Claims

Any action on any claim against Doctors In Training must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.

General

These Terms of Use constitute the entire agreement between you and us. They govern your use of the Site (but excluding services, if any, that we may provide to you under a separate written agreement), and completely replace any prior agreements, whether electronic, oral or written, between you and us in relation to the Site. Even if we act in a way that you believe to be inconsistent with these Terms of Use, those actions will not be deemed a waiver or constructive amendment of these Terms of Use. Similarly, our failure to object to your breach of your obligations under these Terms of Use does not constitute a waiver of any of our rights. If any provision of these Terms of Use is ruled unlawful, void, or unenforceable, that provision will be severed from these Terms of Use, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties. We reserve the right to terminate the Site and these Terms of Use at any time without notice for any reason, including, in the case of these Terms of Use, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of these Terms of Use shall survive any such termination.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your access to and use of the Site.

No provision of these Terms of Use or the Privacy Policy may be interpreted to limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents have been drawn up in English.

Copyright © 2013 Doctors In Training.com, LLC. All rights reserved.

Last updated: January, 2013

Privacy Policy

Welcome to the Doctors In Training.com site. At Doctors In Training, we are committed to making your personal information private and secure. This Privacy Policy explains how we collect, use, share and protect your personal information. Please read the entirety of this Privacy Policy carefully. By visiting our site or submitting your personal information, you accept the terms described in this Privacy Policy. If you have questions or concerns about this policy, please email us at [email protected].

Information Collection and Use by Doctors In Training

We receive and may store any information you enter on our site or provide to our site in any other way. For example, we collect information you provide when you place an order, send us an email or call us. This information may include your name, mailing address, email address, phone number, medical school, educational background, educational goals and interests, and/or credit card number. It may also include any other personal or preference information you provide us. When you access content in our site, we collect information about the videos and materials you view online and your progress toward the completion of relevant courses and series.

This site is not designed or intended to attract children, and we do not collect or maintain information from individuals who we actually know are under the age of 13 years.

We collect your non-personal information (such as Internet Protocol address, and the software version and domain name reported by your browser), by sending “cookies” to your computer. Cookies are used to track visitors as they use our site. We utilize cookies to enhance your online experience.

We may use your non-personal information to help us assemble general statistical data for site tracking purposes. Personal information you provide may be used to provide services you have requested or authorized. We may also use the information you provide to respond to your inquiries, to notify you about products, services and special offers, to send you questionnaires or surveys so that we can better understand your needs and interests, to enhance existing site features and provide better functionality to you, to help us manage our site, to improve and develop our business, to contact you for employment opportunities, to allow you access to the site to post your own content or communicate with others, and as otherwise described to you at the point of collection.

Sharing with Third Parties

We may share information with contractors, service providers and other third parties that provide support services to us (such as a printer, mailing house, or web host) or that help us market our products and services. These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose. We may also share your information with our subsidiaries and affiliates. Basic demographic data including your name, address, phone, email, school, graduation date, course or series for which you are registered, and related information may be disclosed to our marketing partners. Finally, we may also share your information with a successor entity or acquiring company in connection with a corporate merger, consolidation, sale of assets, or other corporate change relating to the Site. If you do not want us to share your information with these parties, you can opt-out by following the procedures described in the section entitled Choice/Opt-Out; Questions and Updating Information.

In the event that a third party, such as an educational institution, purchases one or more of our products or services on your behalf, information concerning your usage of our site and progress using our courses, series or materials may be disclosed to such third party.

Except for these situations, it is our policy not to release any personal information to any third party unless you ask us or grant us permission to do so; provided, however, that we may release such information if we reasonably believe disclosure is necessary to (i) comply with any law, regulation or other legal process; (ii) protect our rights or property, or the rights or property of our users and others; or (iii) enforce our Terms of Use and other agreements.

We will also use your information in the aggregate to help us better understand what our students are interested in and determine information about students, including demographic and usage information, so we can create and target our content to better serve our customers. This will be completed without identification of any particular individual.

Third Party Sites and Sponsors

Our site may contain links to other Internet sites, which are provided solely as a convenience to viewers and not as an endorsement of the contents of such sites. In addition, other Internet sites may link to our site without our knowledge or consent. Because Doctors In Training has no control over such linked sites, we assume no obligation to review, and are not responsible for the availability of such content of, any off-site pages or any other sites’ links to our site. Your linking to off-site pages or other sites is at your own risk. We recommend that you review the privacy policy at each such web site to determine how that site protects your privacy.

If you disclose personal information in a publicly accessible place in our site, you do so at your own risk and you understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. Please understand that any information that is disclosed in these areas becomes public information; we have no control over its use and you should exercise caution when deciding to disclose your personal information.

Security

We understand that many customers are concerned about security on the Internet. The Web server here at DoctorsInTraining.com is designed for Internet commerce, and employs industry standard methods of protecting the security of information sent over the site. However, no data transmission over the Internet or any wireless network can be guaranteed to be absolutely secure. Therefore, we do not warrant or ensure the security of any information sent to us online. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the site, you are responsible for keeping this password confidential. We ask that you not share your password with anyone.

Transfer of Data to the United States

Please note that if you submit any data to Doctors In Training from a location outside of the United States, it will be transferred to the United States. By submitting personal information to us, you consent to such transfer.

Choice/Opt-Out; Questions and Updating Information

If you receive marketing or similar email messages from us and wish to opt out of receiving such messages, you may simply follow the opt-out procedures specified in such email. In addition, you can elect to opt-out by sending us a written request by email to [email protected]. You can let us know if you do not want us to share your data with other companies by either calling 1-817-870-2730, or sending an email to [email protected]. If you have any questions regarding how we maintain and use your information, or if you wish to update your personal information, you can call us at 1-817-870-2730 or send an email to [email protected].

Changes to this Privacy Policy

This policy is effective as of October 13, 2014. We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on DoctorsInTraining.com. Any such change, update, or modification will be effective immediately upon posting on our site.

Anti-Piracy

Our Commitment to You.

We strongly believe our products help turn students and residents into great physicians and improve the standard of care for everyone. We provide high-quality online streaming videos along with study guides and related education materials at an affordable price. We do not sell inferior DVD’s, audio cd’s or downloadable material. The only way to purchase authentic Doctors In Training material is from Doctors In Training. If you have any questions contact us at 1-817-870-2730.

Know the Risks

By purchasing or downloading pirated material, a person runs the risks of exposing himself or herself to:

• Identity theft
• Defective or corrupted material
• Material viruses
• Criminal/Civil penalties
• Notification of ethical violations to medical school, the NBME and the NRMP

In addition, purchasers of pirated material are unable to obtain support services, study guides, study calendars, email questions and other services provided to licensed users.

We Need Your Help

Doctors In Training owns the intellectual property rights to all of our products. We take the enforcement of these rights seriously. We protect these rights so that we can continue to provide a quality product at an affordable price.

You can help us stop this illegal activity by avoiding illegal material and reporting suspected violations when you encounter them. You can report piracy by sending an email to [email protected].

Please Keep in Mind

Piracy is theft. By receiving, selling, or distributing illegal material you put your reputation on the line. If you are caught copying and/or distributing illegal copies of material, you could be held liable under both civil and criminal laws. If convicted, you can be fined up to $250,000, sentenced to prison for up to five years, or both.