This Student Terms Agreement (the “Agreement”) is made between You and MyAttendings.com (collectively the “Parties”). This Agreement contains the general terms and conditions applicable to the Services to be provided by MyAttendings to Student.
NOW. THEREFORE, and in consideration for the mutual covenants and agreements, the Parties agree as follows:
Definitions
- “Course” shall mean all modules, course documents and related videos that are posted on the platform for use by the Student.
- “Course Content” shall mean the PowerPoint presentation and videos submitted by the Instructor for use in the Course.
- “Instructor” or “Instructors” shall mean the User who uploads the Course Content for the Course and teaches related classes to the Students.
- “MyAttendings” shall refer to MyAttendings.com, MyAttendings LLC or the MyAttendings website, and its affiliated officers and managers of the website.
- “Parties” shall mean the parties of this Agreement – Student and MyAttendings collectively.
- “Services” shall mean MyAttendings’ actions to facilitate the MyAttendings.com website for the platform and Courses.
- “Student” shall mean the User who purchases the Course and utilizes it for CME crediting and general knowledge.
- “Subscription Plan” shall mean a recurring payment plan by Student to MyAttendings.
- “User” shall mean a person who creates and maintains an account on the MyAttendings website and platform.
- “You” shall mean the Student that signs this Agreement.
Article 1 General Terms of Use
Binding Agreement. You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Myattendings. If you do not agree to this Agreement, do not register, access, or otherwise use any of our Services.
This Agreement (including any agreements and policies linked from this Agreement) constitute the entire agreement between you and us.
Account Sign Up. To utilize our platform, You must create an account. You must keep your password safe, because You are responsible for all activity associated with your account. If You suspect someone else is using your account, please contact us immediately. If we suspect that your account is used by multiple people, then an email will be sent to You directly to warn You and if it continues, the account will be suspended.
Individual Use. You may not share your account login credentials with anyone else. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed. Myattendings.com will not intervene in disputes between Students or Instructors who have shared account login credentials.
Age of Consent. You must have reached the age of consent for online services in your country to use MyAttendings. You must also be in the healthcare field in any manner. If we discover that you have created an account that violates these rules, we will terminate your account.
Suspected Misuse. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us directly via email. We may request some information from you to verify your identity.
Account Termination. You can terminate your account at any time by contacting us and we will terminate your account and any active orders.
Approved Location. You warrant that You are not located in, or a resident of, any country that is subject to applicable United States trade sanctions or embargoes (such as Russia, Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). You also warrant that you are not a person or entity who is named on any United States government specially designated national or denied-party list. If You become subject to such a restriction during the term of any agreement with MyAttendings, You will notify us within 24 hours, and we will have the right to terminate any further obligations to You, effective immediately, and with no further liability to You, notwithstanding any prejudice to your outstanding obligations to MyAttendings.
Article 2 Content Enrollment
2.1 License to Use. MyAttendings grants You a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with this Agreement and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are prohibited. Except as needed to disable the content because of legal or policy reasons, this license will be uninterrupted. When You enroll in a course or other content, You will be able to download the Course PowerPoint presentation for personal use only. You will not have the right to publish, republish, or sell that PowerPoint presentation or any Course Content on the platform. The videos included in the courses are not for download and are copyrighted.
2.2 CME Credit. Once the Course is completed, You will be able to view and access Your CME certificate. This CME is approved by the AAFP, American Academy of Family Physicians. In each Course page, under the “Overview” tab, you will find the amount of CMEs that you will receive once you purchase a specific course. All our CMEs are Category 1. AAFP Prescribed credit is accepted by the following organizations:
American Academy of Physician Assistants (AAPA)
National Commission on Certification of Physician Assistants (NCCPA)
American Nurses Credentialing Center (ANCC)
American Academy of Nurse Practitioners Certification Board (AANPCB)
American Association of Medical Assistants (AAMA)
American Board of Family Medicine (ABFM)
American Board of Emergency Medicine (ABEM)
American Board of Preventative Medicine (ABPM)
American Board of Urology (ABU)
This information is also found online at: https://www.aafp.org/cme/credit-system/credit-statements/health-professional-organizations-agreement.html
2.3 Misuse of CME Certificate. Once granted, the CME Certificate is for Your use and records only. It is illegal to download the CME certificate and share it with anyone else. This CME certificate will only belong to the purchaser of that specific course and should not be shared with any other non-purchasing party. If there is suspicion that such action is taking place, Your access account will be suspended immediately.
2.4 Misuse of License. You may not reproduce, redistribute, transmit, assign, sell, broadcast, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any Course Content unless We give You explicit permission to do so in a written agreement signed by a Myattendings.com authorized representative. This also applies to content you can access via any of our future applications (APPS).
2.5 License Revocation. We generally give a one-year access license to Students when they enroll in a course. However, we reserve the right to revoke any license to access and use of any content at any time. In the event We decide or are obligated to disable access to the content due to legal or policy reasons, then a written correspondence via email will be sent to the affected Student. Instructors may not grant licenses to their content to students directly, and any such direct license shall be null and void and a violation of this Agreement.
Article 3 Payments, Credits, and Refunds
The prices of content on MyAttendings is agreed upon by Instructor and MyAttendings prior to the Course being available on the platform. The Course price might change over time and depending on the agreement between Myattendings.com and the Instructor. If You have already purchased a Course, then You shall have access to that Course for the duration of the year since the day of purchase. Myattendings.com will not ask You to pay for the difference if the price of the Course increased since you purchased. Same will apply if the price of the Course decreased after your purchase, that the Student will not ask Myattendings.com for refund of the amount of difference paid.
We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content (at checkout).
Promotional Codes. com may offer promotional codes to Students. Certain codes may be redeemed for promotional credits applied to your Myattendings.com account, which then may be used to purchase eligible content on our platform, subject to the terms included with your codes. Other codes may be directly redeemable for specific content. These codes and credits, as well as any promotional value linked to them, may expire if not used within the period specified in your Myattendings.com account. Promotional codes offered by Myattendings.com may not be refunded for cash.
US Currency Only. The course prices are listed under the U.S dollar currency. We do not enable users to see pricing in other currencies and you should fully understand that your purchase will be made in the U.S currency only. The price you see at checkout may include such taxes, or tax may be added at checkout.
When you make a payment, you agree to use a valid payment method. Purchases are nonrefundable and it is advised that you view the sample videos prior to purchasing any course. You agree to pay the fees for content that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as Paypal or other forms of online payment) for those fees. Myattendings.com works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods as needed. At this time, Myattendings.com will use Paypal services to complete your transaction. When you make a purchase, you agree not to use an invalid or unauthorized payment method. We reserve the right to disable access to any content for which we have not received adequate payment.
Refunds and Refund Credits. Purchases on Myattendings.com are nonrefundable. It is highly recommended for you to review the course content overview and the sample videos provided to You prior to your purchase. The sample videos are an example of how the course will be taught and presented.
Article 4 Course Content
Student Acknowledgement. As a Student, You understand that the courses are made available on Myattendings.com as a form of knowledge sharing and possibly supplementation and not a form of pure knowledge and instruction on how to treat patients in real life. You understand that every patient case is different and treatment for one patient might be completely different and possibly not acceptable or even harmful to another patient’s case scenario. The knowledge that is presented in the courses available on our platform is purely made and designed to share experiences from different attendings and how they have dealt with certain case scenarios in their practice.
The teaching that is available to You, and the cases presented in the Courses with its treatment may not be appropriate in a real life case that you might be treating in Your practice. Having said that, Students understands that the cases, the teaching and the knowledge is purely made available to share one’s attendings experience and not necessarily how to treat a patient. It is therefore not recommended to treat real life patients purely from experience or knowledge or even recommendations shared from any of the courses present on our platform. With this in mind, Student agrees to HOLD HARMLESS, RELEASE, DEFEND AND INDEMNIFY MyAttendings and its owners, affiliates, employees, successors, assigns and agents of Myattendings.com against any claims arising from the Course Content and any harm done to real life patients. It is recommended to not base Your knowledge solely from our courses. We advise you to always research and confirm treatment according to the latest guidelines prior to treating patients.
Behavior Rules. You can only use Myattendings.com for lawful purposes. You are responsible for all the content that you post on our platform. All content you upload to our platform must conform with the law and respect the intellectual property rights of others. We reserve the right to ban your account for repeated or major offenses. If You think someone is infringing your copyright on our platform, please contact us via email.
Improper Use of Platform. You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you. We may put You on notice that an action violates the law or the rights of others and if further infractions occur, we reserve the right to suspend your account.Myattendings.com has discretion in enforcing this Agreement.
We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, including for any violation of this Agreement, if You fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, if we suspect that You engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination, we may delete Your account and content, and we may prevent you from further access to the platforms and use of our Services. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
Article 5 – MyAttendings Rights to Content You Post
By submitting or posting content on or through the platform, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
Article 6 – Use of MyAttendings
Use of Platform at Your Own Risk. Instructors, including specialists and attendings, may use Myattendings.com to create and publish content. We enable instructors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use Myattendings.com at your own risk. You assume full responsibility for the choices you make before, during, and after your access to the content even if the Courses on Myattendings.com have persuaded you to change your practice.
Moderating Content. Our platform model ensures that we review the Course Content for its veracity and adherence to current industry standards. However, we do not exercise any editorial control over the content that is available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content. If You access content, You rely on any information provided by the instructor at your own risk. Although every instructor is expected to review their courses on an annual basis to confirm that their material fits the current guidelines, it is understood that this may lag and therefore it is highly recommended for the student to review the guidelines regarding certain treatment on their own.
Supplemental Learning. Treating patients based on knowledge or experiences retained from courses or instructors from Myattendings.com is not recommended and therefore myattendings.com or its instructors will not be held liable for any patient harm done in real life. It is highly suggested that Student seek additional information and not solely rely on the Courses on MyAttendings. You therefore will hold Myattendings.com and all its instructors and courses on its platform harmless of any action taken from your end based from any knowledge or recommendation provided from our platform.
Potentially Offensive Material. MyAttendings will not be held liable for an Instructor’s material You deem offensive and MyAttendings does not warrant a platform free from offensive material, to the extent permissible by applicable law. This also applies to any content relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content You choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices You make before, during, and after Your access to the content.
Interactions with Instructors and other Students. When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. While we restrict the types of information instructors may request from students, we do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
Free from Liability. We will not be held liable or responsible for any interactions involved between Instructors and Students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students. When you use our Services, you will find links to other websites that we do not own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about You.
Prohibited Behavior. You may not do any of the following while accessing or using the Myattendings.com platform and Services:
access, tamper with, or use non-public areas of the platform (including content storage), Myattendings.com computer systems, or the technical delivery systems of Myattendings.com service providers.
disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Myattendings.com platform or Services.
access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Myattendings.com); or 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, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
Article 7 – Myattendings.com Rights
Ownership of MyAttendings. You do not have any ownership rights in MyAttendings. We own the Myattendings.com platform and Services, including the website, present or future apps and services, trademarks, copyrights, API, code, and content created by our employees. You agree not to tamper or interfere with those or use them without authorization. All right, title, and interest in and to the Myattendings.com platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of MyAttendings and its licensors.
Platform Protection. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives You a right to use the Myattendings.com name or any of the Myattendings.com trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Myattendings.com or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Article 8 – Subscription Terms
As a Student, You will have access to the courses you purchase for one year. This subscription will automatically disable once your time, year, has expired. When that is done, you as a subscriber are able to repurchase the course after that duration has expired.
Subscription Plans. During your subscription, you get a limited, non-exclusive, non-transferable license from us to access and view the content. We reserve the right to revoke any license to use the content for legal or policy reasons at any time and at our sole discretion, such as if we no longer have the right to offer the content.
Account Management. You may cancel your subscription by notifying us via email. If You cancel Your subscription, Your access to that Subscription Plan is terminated immediately. On cancellation, You will not be entitled to receive a refund or credit of any fees already paid for Your subscription.
Once your subscription to your course ends, after one year, the access to that specific course will end automatically. To renew your access, You will need to repurchase that course.
Payments and Billing. The subscription fee for each Course will be listed on its page. You understand that the price paid will give You access to the Course Content for 1 year only. We may also be required to add taxes to your subscription fee. Payments are non-refundable and there are no refunds or credits for partially used periods.
Payment Processing. By purchasing a course and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-applicable fees via the payment method we have on record for you.
Automatic Renewal. At check out, You as a subscriber will have the option to automatically renew your course subscription at the expiration of your course access. At the end of subscription terms, therefore, we will automatically renew your subscription for the same length of term and process your payment method for payment of the then-applicable fees. You authorize us to continue to charge the then-applicable fees to your updated payment method that You provided on your account. If we are unable to process payment through the payment method we have on file for you, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription.
Failed Payment. If we are unable to process payment through the payment method we have on file for You, or if You file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription.
Pricing Adjustment. We reserve the right to change our Subscription Plans or adjust pricing for our Services at our sole discretion. Prior to subscription renewal, if there is any change in pricing, You will be notified at the time of renewal for the price change.
Article 9 – Miscellaneous Legal Terms
Site Maintenance. From time to time, our platform will be inaccessible to perform planned maintenance or emergency maintenance. You accept that You will not have any recourse against Us in any of these types of cases where information is lost during the maintenance period.
Disclaimer of Warranties. The Services and the Courses are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that You will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk.
Discontinue of Certain Services. We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will MyAttendings or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
Miscellaneous Acts. We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
Limitation of Liability. To the extent not discussed in Section 4.2 above, Section 9.6 below and to the extent permitted by law, we (and our instructors, specialists, attendings) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we have been advised of the possibility of damages in advance. In simpler terms, there will not be liability against Myattendings.com or its Instructors, specialists, attendings on any level or action, when You access our courses. If there is harm done to Yourself or any patient, You fully accept these risks and agree that You no recourse to seek damages against MyAttendings.
You agree to HOLD HARMLESS, RELEASE, DEFEND AND INDEMNIFY MyAttendings, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content You post or submit, (b) your use of the Services (c) your violation of this Agreement, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of this Agreement and your use of the Services.
Governing Law and Jurisdiction. This Agreement and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of the State of North Carolina, United States, without regard to the choice-of-law principles thereof. Any action seeking legal or equitable relief arising out of or relating to this Agreement will be brought only in the State Court of the State of North Carolina.
Legal Actions and Notices. No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law. Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email.
Relationship Between Us. You agree that is no joint venture, partnership, employment, contractor, or agency relationship exists between the Parties.
Assignment Prohibited. You may not assign or transfer this Agreement (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign this Agreement (or the rights and licenses granted under them) to another company or person without restriction. Nothing in this Agreement confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under this Agreement terminate upon your death or account termination.
Sanctions and Export Laws. In accordance with Section 1.8, You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.
If any parts of this Agreement shall be held unenforceable for any reason, the remainder of the Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
Article 10 – Dispute Resolution
If there’s a dispute, contact our Support Team via email and we will try to resolve the issue accordingly based on the terms above.
No Class Actions. We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither Party can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple party’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that User, not other Users, and cannot be used to decide other Users’ disputes.
Changes and Notice of Rejection. Notwithstanding Section 10.4 below, if Myattendings changes this “Dispute Resolution” section after the date You last indicated acceptance to this Agreement, You may reject any such change by providing MyAttendings written notice of such rejection to our email address, within 30 days of the date such change became effective. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, You acknowledge that you will arbitrate any dispute between You and Myattendings.com in accordance with the provisions of this “Dispute Resolution” section as of the date You last indicated acceptance to this Agreement.
Updating This Agreement. From time to time, we may update this Agreement to clarify our practices, to reflect new or different practices, or add new features. MyAttendings reserves the right in its sole discretion to modify and/or make changes to this Agreement at any time. If we make any material change, we will notify You via email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that You accept those changes. Any revised terms of the Agreement shall supersede all previous terms of this Agreement.
