TERMS AND CONDITIONS

Updated May 1, 2009

Legal Agreement

The Terms and Conditions set forth in this document apply to all visitors ("you" or "user") to the Surgisphere Corporation ("Site") and constitute a binding, legal agreement ("Agreement") between you and the Surgisphere Corporation ("Surgisphere"). These Terms and Conditions governs your use of the Surgisphere Site. Please read the entirety of the Terms and Conditions carefully.

User Accounts

You are permitted to create a single, personal user account on this website by completing the registration process. You are required to keep your username and password private and to prevent the use of your account by anyone other than yourself. Attempting to use your user account to contact other members of this Site, displaying profane or inappropriate messages, disparaging or discrediting Surgisphere, posting illegal or restricted information, taking part in unprofessional conduct, using this Site excessively or from more than one computer, or other actions that we may deem to be inappropriate may result in suspension or cancellation of your account without refund. Special institutional accounts are required if more than one person will be using this material in any form.

Disclaimer

THIS SITE AND ALL OF ITS RELATED CONTENTS, THE PRINTED TEXTBOOKS, AND ALL OTHER MATERIAL RELATED TO OR PRODUCED BY THE SURGISPHERE CORPORATION ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND. SURGISPHERE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPLICIT OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER SURGISPHERE NOR ANY OF ITS EXECUTIVES, OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, OR ANY AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR DAMAGES ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE, OR THE CONTENTS OF THIS SITE AND ASSOCIATED PRODUCTS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY APPLYING TO ALL KINDS OF DAMAGES OF ANY KIND, AND INCLUDES WITHOUT LIMITATION ALL DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, LOSS OF OR DAMAGE TO PERSON OR PROPERTY. THE USER IS HEREBY NOTIFIED THAT TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS MAY BE PRESENT. THE CONTENTS OF THIS SITE SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE AND A QUALIFIED PRACTITIONER SHOULD BE CONSULTED BEFORE STARTING, MODIFYING, OR ENDING ANY CLINICAL INTERVENTION. THE MAXIMUM LIABILITY OF THE SURGISPHERE CORPORATION SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT. BY CREATING AN ACCOUNT ON THIS SITE, YOU UNDERSTAND THAT A THIRD PARTY MAY BE ABLE TO MONITOR YOUR ACCESS, PERFORMANCE DATA, ACTIVITY REPORTS, AND PERSONALLY IDENTIFYING INFORMATION. IF YOUR ACCOUNT IS CREATED FOR YOU AS PART OF AN INSTITUTIONAL MEMBERSHIP, YOU CONSENT TO SUCH MONITORING AND DATA COLLECTION AND UNDERSTAND THAT YOUR PROGRAM DIRECTOR AND HIS/HER DELEGATES WILL HAVE ACCESS TO THIS INFORMATION.

Waiver, Covenant Not To Sue

This is a legally binding Release, Waiver, Discharge and Covenant Not to Sue (collectively, "Release"), made voluntarily by you, on your own behalf, and on behalf of your heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, "Releasor," or "you", which terms shall also include Releasor's parents or guardian, if Releasor is under 18 years of age) to the Surgisphere Corporation.

As the Releasor, you fully recognize that the Surgisphere Corporation does not require me to participate in this Activity. With informed consent, and for valuable consideration received, including assistance provided by the Surgisphere Corporation, as the Releasor, you agree to assume and take on yourself all of the risks and responsibilities in any way arising from or associated with this material, and you release the Surgisphere Corporation and all of its affiliates, divisions, departments and other units, committees and groups, and its and their respective governing boards, officers, directors, principals, trustees, legal representatives, members, owners, employees, student volunteers, agents, administrators, assigns, and contractors (collectively "Releasees"), from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that you may suffer at any time arising from or in connection with the review course, including any injury or harm to others (collectively "Liabilities"), and you agree to defend, indemnify, and save Releasees harmless from and against any and all Liabilities.

As the Releasor, you recognize that this Release means you are giving up, among other things, all rights to sue Releasees for injuries, damages or losses you may incur. You also understand that this Release binds my heirs, executors, administrators, legal representatives and assigns, as well as yourself. You agree that this Release shall be governed for all purposes by North Carolina law, without regard to such law on choice of law.

You have read this entire Release. You fully understand the entire Release and acknowledge that you have had the opportunity to review this Release with an attorney of your choosing if you so desire, and you agree to be legally bound by the Release.

Trademarks

SURGISPHERE, CLINICALREVIEW, the Surgisphere logo, the Clinical Review logo, and any other trademarks on the Surgisphere Site are trademarks owned by the Surgisphere Corporation. You may not use these trademarks in any manner whatsoever, including on the products or services of others, in a way that creates confusion regarding the source or sponsor of a product, and in any disparaging or discrediting manner. These trademarks may not be reproduced in print or electronic media, including forum or bulletin board systems.

ClinicalReview.com and the Surgisphere Corporation are not affiliated with the National Board of Medical Educators (NBME), Federation of State Medical Boards (FSMB), American Board of Surgery (ABS), or with any university or institution. USMLE is a trademark of the NBME and FSMB. NBME is a registered trademark of the National Board of Medical Educators. ABSITE is a trademark of the American Board of Surgery.

Our test preparation products and services cover important concepts for the practice of modern medicine and surgery. We respect the intellectual property of others, and so our material is not based off the content or copyrighted material that appear on the USMLE, ABSITE or any other examination. By following the content outline published by the NBME and FSMB or American Board of Surgery, we are able to independently prepare students and residents for the broader practice of medicine and surgery, not specific material that has appeared on prior examinations. There is no reproduction, retransmission, or reorganization of any third party content at Clinical Review. All questions, textbook content, and review material is original material.

Single Copy License

The contents of this Site are copyrighted and any unauthorized access or use is a copyright, trademark, and legal violation. You may store a single copy of the information found on this Site on a single personal computer for non-commercial, internal use. This is a license only, not a transfer of title. You may not modify or reverse engineer this content, remove any copyright notices, transfer the content to another person, repackage, or resell the information in any way, shape, or form. This Site and its contents are protected by worldwide copyright laws and provisions.

Return and Cancellation Policy

You may return unopened items purchased at Surgisphere Corporation within 3 days of the original delivery for store credit at our discretion. You are responsible for all return shipping costs and may be charged a restocking fee of 10 percent unless the shipment is a result of our error. No returned merchandise will be accepted without a Return Material Authorization (RMA). We will issue you store credit within 10 days of receiving the returned item. All sales are final for review courses, online sales, and institutional subscriptions.All textbook orders are final once the order is placed.

Shipping Policy

Once you place an order on our website, it is processed and verified by Google. This process can take up to 2 business days to complete, and occasionally takes longer in certain cases. If you purchased the review course, you should follow the instructions here to complete your purchase and set up your account. If you do not receive the confirmation e-mail, you can also access them by clicking on the 'Login' button at the top of the page or by reviewing the FAQ.

Textbook orders will typically ship via USPS within 3-5 business days. It may take up to two weeks in extraordinary circumstances for you to receive the published textbook. Most customers will receive their textbook within one week of placing their order. Tracking information is available on request. Please contact us if you have not received your shipment within two weeks.

Links

You may link to the home page of the Surgisphere Corporation (www.surgisphere.com) and the Clinical Review home page (www.clinicalreview.com) so long as the link does not cast us in a false, midleading, or disparaging light. You may not frame the content on this Site. Any other links or means to circumvent our copy protection and limited access areas of the website are strictly prohibited.

Cookies

We use cookies to improve your online experience, to permit you to use our online review program after logging in, and to permit you to take advantage of all features available on this Site. A cookie is a string of information that is sent by a website and stored on your hard drive or temporarily in your computer's memory. You can disable our cookies using the cookie-menu on your Web browser, but doing so will prevent you from taking advantage of customization and certain security features.

System Requirements

Minimum system requirements are necessary to view all of the information on this Site. An Internet connection is required to access all online material. We prefer the latest version of FireFox or Internet Explorer with Javascript and Cookies enabled. A monitor resolution of 1280x1024 is recommended. A Pentium IV or higher processor with 512MB RAM or greater is necessary for the multimedia applications. Adobe Flash, Adobe PDF Reader, and a platform able to view this content is necessary.

Security

We are concerned with the security of your personal data and therefore restrict unauthorized access through protective policies, technical measures, monitoring, and procedures. We also use standard security protocols and mechanisms to transmit sensitive information such as credit card details. Even with this technology, breakthroughs or lapses may occur. If we become aware of such an instance, we will make all reasonable attempts to contact you with the best information available.

Governing Law

These Terms and Conditions shall be governed by the laws and regulations of the State of North Carolina. With your purchase, you agree to submit to the exclusive jurisdiction of the courts of the State of North Carolina and waive any objections to such courts.

Termination

If any part of these Terms and Conditions are suspended or canceled, the Disclaimer shall survive any such termination.