TERMS AND CONDITIONS OF USE OF THE
NATIONAL BOARD OF MEDICAL EXAMINERS® WEB PORTAL


Before registering, accessing or using any of the materials provided on the National Board of Medical Examiners Services Portal at https://nsp.nbme.org (the "NSP"), please carefully review these Terms and Conditions of Use ("Terms of Use").  These Terms of Use apply to and govern all uses of all the materials made available on the NSP.  By accessing or using any portion of the NSP, or by using a Single Sign On ("SSO") account to access the NSP, you acknowledge your careful review and acceptance of these Terms of Use.  If you do not agree to the Terms of Use, you may not register or maintain an account or otherwise use or access any of the NSP or its contents. 


In these terms and conditions, "you" or "your" refers to the individual using an account or otherwise accessing or using the NSP with an SSO user ID and password.  If you are using an SSO account, or are accessing or using the NSP on behalf of an institution or other organization, "you" or "your" also refers to such institution or organization, including all of its officers, directors, employees, representatives and agents. 


Acceptance of Terms of Use


These Terms of Use constitute an express agreement between National Board of Medical Examiners ("NBME"), the provider of the NSP, and you for access to and use of the NSP.  BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ ALL OF THESE TERMS OF USE, THAT YOU UNDERSTAND EACH OF THEM AND THAT YOU AGREE TO BE BOUND BY ALL OF THEM. 


Use of the NSP


The purpose of the NSP is to provide you with information and access to NBME services.  You agree that your SSO account, as well as your access to the NSP and its contents, shall be solely used for obtaining information and/or services in connection with your University and that you shall not use your account or otherwise access the NSP or its contents for any unlawful or otherwise improper purpose.  You shall not disrupt or otherwise interfere with the normal operation of the NSP, including without limitation posting or transmitting files that contain viruses, worms, Trojan horses, or any other contaminating or destructive features, or material that is harmful, offensive, threatening, abusive or hateful.  You shall not access or use the NSP in any manner that violates state or federal law. 


Except as otherwise specifically authorized on this NSP, you shall not use any robot, spider, scripting program, "page-scrape" or other automatic or manual device, program, algorithm or methodology to access, monitor, upload, download, "scrape," or otherwise copy any portion of the NSP or its contents.  You shall not reproduce or circumvent the navigational structure or presentation of the NSP to obtain or attempt to obtain any content of any portion of the NSP.


NBME, at its sole discretion and without notice, has the right to terminate your SSO account and/or your right to access or use the contents of the NSP for violation of these Terms of Use or for any other reason.  You agree that violation of these Terms of Use constitutes an unlawful and unfair practice causing irreparable harm to NBME for which monetary damages would be inadequate, thus subjecting you to injunctive or equitable relief in addition to any other remedies available at law.


NBME cannot and does not represent or warrant that the files available for downloading through the NSP will be free of infection, viruses, worms, Trojan horses or other code that manifest contaminating or destructive ties.  You assume all risk and responsibility for your use of the NSP and the Internet. 


User ID and SSO Account


You will be provided with an SSO user ID and password for your SSO account to access the NSP and the materials that NBME, in its sole discretion, deems you should have access to.


An SSO account is required to access the NSP.  Your right to access the Site via your SSO account is a limited, non-transferable right.  You may not use a false name or the name of a third party when using an SSO account.  You may not use someone else's SSO account.  Your SSO user ID and password will be unique to you, and you are responsible for maintaining their confidentiality using reasonable security measures.  You shall be responsible for all activities, including all use or misuse, of the NSP that occur through use of your SSO user ID and password.  You will ensure that access to the NSP is limited to you, and you will not disclose your SSO user ID and password to any third party nor use your SSO user ID and password for any purposes not specifically permitted under these Terms of Use.  If you are an institution or organization, your designated employees' access to the Sites is conditioned upon their continued employment with you, and when any employee leaves your employment, you shall promptly deactivate such employee's account.  You shall immediately notify NBME of any unauthorized use of an SSO user ID and password or any other security breach at support@nbme.orgYou may be held liable for all loss incurred by NBME or any other user of the NSP from the use of your SSO user ID and password or account by an unauthorized person.  


You agree that at no time shall you attempt to access any of the NSP to which you have not been provided access via your SSO user ID and password.  Any such conduct is strictly prohibited. 


Proprietary Information


As between you and NBME, all content of the NSP, including the NSP's appearance, "look and feel," report formats and information or system hardware used or supplied by NBME in connection with the use of such NSP, are owned by NBME unless otherwise expressly indicated.  You may not copy, distribute, transmit, display, modify, perform, or create derivative works from information or material on the NSP, except as expressly permitted in these Terms of Use.  You may, however, download and make copies of the content and other downloadable items displayed on the NSP for educational, noncompetitive purposes only, provided that you maintain all copyright and other notices contained in such content.  


Any NBME trademarks, trade dress, service marks, logos or trade names that appear on the NSP or are otherwise referenced on the NSP are the property of NBME and no license or other right to use such marks, names, logos or dress shall be deemed given without the express written permission of NBME.


Confidentiality


With the exception of materials obtained from or available in the public domain, you shall treat as confidential the content provided on the NSP.  You also shall treat as confidential any information or systems hardware used or supplied by NBME in connection with the NSP.  You shall not disclose such content, information or systems hardware to any third party without NBME's prior written consent.  You will not use such content, information or systems hardware for purposes other than as expressly permitted in these Terms of Use. 


Please note that if you have entered into a separate confidentiality agreement with NBME, the content, information or systems hardware of the NSP shall be included within the definition for "confidential information" for purposes of and pursuant to the term of any such agreement(s). 


User-Supplied Content 


You agree that you are solely responsible for the accuracy and content of all information, data, text, or other materials that you provide to NBME via the NSP and that NBME is not responsible or liable for this information.  You understand that your participation in online communications may occur in real time and is not edited, censored or otherwise controlled by NBME.  NBME cannot and does not screen content provided by users of the NSP.  NBME reserves the right to monitor such content and has the right, in its sole discretion, to remove such content if NBME determines it to be harmful, offensive or otherwise in violation of these Terms of Use or NBME's Privacy Policy.  By providing such content, you grant to NBME an unrestricted, irrevocable, worldwide, royalty-free, fully-paid license to use, reproduce, display, perform, transmit, distribute, modify or create derivative works from such content. 


You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NBME all of the license rights granted herein. 


Digital Millennium Copyright Act


Notice.  If you are a copyright owner or an agent thereof and believe that any submission of material made by a user of the NSP or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing pursuant to 17 U.S.C 512(c)(3):


(a)   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b)   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c)   Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit NBME to locate the material;

(d)   Information reasonably sufficient to permit NBME to contact you, such as an address, telephone number and, if available, e-mail;

(e)   A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f)   A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NBME's designated Copyright Agent to receive notifications of claimed infringement is:  Ken Cotton, kcotton@nbme.org, National Board of Medical Examiners, 3750 Market Street, Philadelphia, PA  19104.  Only DMCA notices should go to the Copyright Agent; any other feedback, comments, or requests should be directed to Customer Service at support@nbme.org.  You acknowledge that if you fail to comply with all of the requirements of this Provision, your DMCA notice may be invalid.


Counter-Notice.  If you believe that any submission made by you that was removed pursuant to this Provision is not infringing, you may send a counter-notice containing the following information to the Copyright Agent:


(a)   Your physical or electronic signature;

(b)   Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

(c)   A statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

(d)   Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the Eastern District of Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, you agree that NBME may forward a copy of the counter-notice to the original complaining party.


Disclaimer and Links to Third-Party Sites


The NSP may contain information provided to NBME by third parties.  Such information is provided on the NSP for your convenience only, and NBME makes no warranties or representations as to the accuracy, reliability, or completeness of such information. 


The NSP also may contain links to other third-party websites, which may offer other services, software or resources.  These links are provided for your convenience only.  NBME has no responsibility for these third-party websites or the content contained therein.  Such links do not constitute endorsements by or affiliations with NBME of such websites, their content or any products or services made available thereon.  Such links do not constitute authorization to use any trademark, service mark, trade name, logo, trade dress or copyright of NBME.  You agree and acknowledge that NBME is not responsible or liable for any content or related materials contained on any of these third-party websites.  NBME cannot and does not make any representations or warranties in connection with such third-party websites or the content contained thereon.    


You will not link or frame any portions of the NSP without the express written permission of NBME.  


No Warranty


THE INFORMATION AND MATERIALS CONTAINED ON THE NSP IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NBME AND ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS HEREBY DISCLAIM (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT THE NSP'S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE NSP OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (ii) ALL WARRANTIES AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE NSP; AND (iii) ANY LIABILITY FOR ERRORS, INACCURACIES OR OMISSIONS IN THE INFORMATION CONTAINED ON THE NSP, AND FOR ANY DOWNTIME EXPERIENCED ON THE NSP.


Limitation of Liability


To the maximum extent permitted by law, NBME shall not be liable for any special, incidental, direct, punitive, indirect, consequential or other damages of any kind, under any theory of liability arising out of or related to your use of the NSP, or a delay or inability to use the NSP including without limitation damages due to lost profits, business interruption, loss of data or damage to systems, even if NBME has been expressly advised of the possibility of such damages.

 

Indemnification


You hereby agree to release and hold NBME, its officers, directors, employees, agents and representatives harmless from and defend and indemnify them against any and all third-party claims, liability, damages and/or costs (including without limitation attorneys' fees) they incur arising out of or related to (i) your use of the NSP, (ii) your violation of the Terms of Use, or (iii) your infringement of any intellectual property or other right.


Scheduled Downtime and Outages


NBME does not guarantee continuous, uninterrupted or secure access to the NSP, and operation of the NSP may be affected by factors outside of NBME's control, for which NBME shall not be liable.  NBME may from time to time in its sole discretion periodically schedule system downtime for system maintenance and other purposes. 


Privacy


The NBME Privacy Policy, found here applies to use of the NSP, and its terms are made part of these Terms of Use.


Invalidity of Terms


If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly expresses the intent of the original provision and the remainder of these Terms of Use shall continue in effect.


Termination or Suspension of Access


NBME may terminate or suspend your access to any or all of the NSP at any time, with or without cause. 


Waiver


Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by NBME.


Governing Law


The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. 


Jurisdiction and Binding Arbitration


Any claim or dispute arising out of or in relation to the Terms of Use or use of the NSP shall be resolved exclusively in the courts of the Commonwealth of Pennsylvania, Philadelphia  County, or in the United States District Court for the Eastern District of Pennsylvania, and you consent to the personal jurisdiction of such courts.  However, in lieu of litigating any such claim or dispute in the courts of the Commonwealth of Pennsylvania, you or NBME may elect to resolve any such claim or dispute by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association on an individual basis and not consolidated with any other claim.  Any claim that you may have arising out of or relating to the Terms of Use or use of the NSP must be commenced within one (1) year of the accrual of such dispute or claim. 


International Users 


The NSP is controlled and operated by NBME from its offices in the Commonwealth of Pennsylvania of the United States of America.  NBME makes no representations or warranties that the content of the NSP is appropriate or available for use in locations outside the United States of America, and access to the NSP in territories or countries where they are illegal is strictly prohibited.  You may not use the NSP or export materials contained thereon in violation of U.S. export laws and regulations.  If you access the NSP from outside the United States, you are responsible for compliance with all local laws.


Miscellaneous


NBME's failure to strictly enforce the performance of any provision of these Terms of Use shall not be deemed a waiver of its rights under such provision.  NBME may assign its rights and duties under these Terms of Use to any party at any time without notice to you.    


Changes in the NSP and These Terms of Use


NBME has the right, at its sole discretion, to modify these Terms of Use and to change, suspend or discontinue all or any portion of the NSP at any time, without notice, with such changes effective upon posting on the NSP. 


Questions, Comments, Complaints, or Service Issues


If you have any questions, comments, complaints or service issues pertaining to the NSP, please contact support@nbme.org


Last updated:  March 30, 2011

Copyright © National Board of Medical Examiners, . All Rights reserved.