BoardsMD - Terms of Use

Thank you for using BoardsMD. When you use BoardsMD and our websites, services and products, you are agreeing to our terms. Please review these carefully and note that by accessing this website, you are entering into a legally-binding agreement with us.

Last Revised: October 29, 2020

BoardMD's websites, services and products are provided by Hochman Medical Education, LLC, d/b/a BoardsMD (“BoardsMD,” “us,” or “we”). These Terms of Use ("Terms") govern your access to and use of BoardMD's websites and mobile application (collectively, the "Website") and purchase, enrollment in and use of our products and services (“Programs”). BoardsMD reserves the right to make changes to the Website and to modify the Terms at any time in its sole discretion. Please read these Terms carefully, and contact us if you have any questions (contact information is below). By accessing or using the Website, you agree to be bound by these Terms and by our Privacy Policy, including without limitation any changes or modifications. If you do not agree to abide by the Terms, you may not access or use the Website or Programs.

1. Using the Website

a. Who may use the Website. Portions of the Website containing Programs may be made available only to persons who have registered and been issued a username and/or password or other positive identifiers by BoardsMD (“Registered Users”). Only Registered Users are authorized to access the restricted portions and Programs of the Website, subject to payment and other terms contained herein. It is a condition of your use of the Website that all the information you provide upon registration is correct, current, and complete, and you agree not to impersonate any person or entity, misrepresent any affiliation with another person or entity; conceal your identity from BoardsMD in any way. We reserve the right to refuse access to the Website to anyone for any reason at any time, and we reserve the right to force forfeiture of any username for any reason. If you choose to create a Registered User Account and are provided with a username, password, or any other piece of information, you must treat such information as confidential, and you must not disclose it to any third party, or permit any third party to access the Website using it. You are solely responsible for the activity that occurs on your Registered User Account. You also may not use the Registered User Account of another individual.

b. Permission. Subject to these Terms and our Privacy Policy, we grant you permission and a limited, non-exclusive, non-transferable, and revocable license to use the Website. Your use of the Website is subject to the restrictions in these Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to User Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

c. Program access. In consideration of and subject to a Registered User’s payment of the relevant fees for the Programs they desire to access, and a Registered User’s agreement to and compliance with these Terms, we grant to such Registered User a non-exclusive, non-transferable, non-sub-licensable license and right to view the applicable Programs, including courses, videos, questions, and related materials on a computer, tablet or smartphone that such Registered User owns or controls.

d. Program fees. Upon registration and selection of the applicable Program, you agree to make full payment for the product or course you have selected in the amount listed in your shopping cart, after discounts and other promotional incentives are applied, or amount otherwise indicated that you owe based on the order confirmation communication you will receive (the “Fees”). You must render payment for all Fees and charges indicated prior to beginning a Program. If you select the annual subscription, upon full payment of all Fees and charges, you will have access to the Program for one year from the date of purchase. If you select monthly billing, upon full payment of all Fees and charges, you will have access to the Program for one month from the date of purchase. For your convenience, all subscriptions extend at the end of their obligation period for the same subscription period as your initial purchase. Subscribers who wish to avoid charges for subsequent subscription periods must follow the cancellation process set forth below before the end of the current term. Subscribing to the Programs also allows you to access our mobile application at no additional charge while the subscription is active.

IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE APPLICABLE SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR AN ADDITIONAL SUBSCRIPTION PERIOD. SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST TEN (10) DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTO RENEWAL. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.

TO CANCEL YOUR SUBSCRIPTION, PLEASE LOG ONTO YOUR ACCOUNT PAGE AND DO SO THERE. IF YOU CANCEL YOUR SUBSCRIPTION, YOUR ACCESS TO THE PROGRAMS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES. YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM, EXCEPT AS REQUIRED BY APPLICABLE LAW.

You agree to pay all Fees and charges specified. All Fees are exclusive of applicable taxes (e.g., sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Website and Programs.

BoardsMD may at any time, upon notice required by applicable law, change the price of the Programs or any features thereof, institute new charges or fees, or charge a fee for the Website or any part thereof where a fee was not previously charged. All Fees relating to the Website, including any Fees charged for access to the Website or Programs, are final and nonrefundable.

e. Website Availability. The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

f. Reliance on information posted. The information presented on or through the Website and Programs is made available solely for information purposes to prepare Registered Users for medical licensing exams. Use of our Website and Programs does not guarantee a particular outcome by a Registered User on any given medical licensing exam. BoardsMD is not sponsored by nor in any way affiliated with the United States Medical Licensing Examination, the Federation of State Medical Boards, the National Board of Medical Examiners, the Electronic Residency Application Service, or the Association of American Medical Colleges. Furthermore, neither BoardsMD, the Website, nor the Programs provides medical advice, and under no circumstances should the information presented on or through the Website and Programs be construed as medical advice, recommendations of particular drugs or products, or be relied upon to render medical treatment to individuals.. The BoardsMD content is not meant to serve as a substitute for your own clinical judgment as a medical student or healthcare professional.

g. Technical requirements. You are responsible for meeting and maintaining minimum technical requirements necessary to access certain features of the Program you purchase. Access to Programs may require internet access, for which BoardsMD is not responsible.

2. Content

a. BoardsMD Content. As between you and BoardsMD, we own the “BoardsMD Content,” which includes but is not limited to videos, visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other BoardsMD Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website and Programs excluding any third-party content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the BoardsMD Content and the Website, as well as BoardsMD name and logo, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. Programs are for your personal and non-commercial use only. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the BoardsMD Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and the BoardsMD Content are retained by us.

b. User Content. The Website may contain message boards, chat rooms, personal web pages or profiles and other interactive features that allow you to post, submit, publish, display or transmit to other users content or materials (collectively, “User Content”) on or through the Website. All User Content must comply with these Terms. Any User Content you post to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose consistent with our Privacy Policy.

You represent and warrant that you own or control all rights in and to the User Content and have the right to grant BoardsMD the license granted above.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not BoardsMD, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by the BoardsMD, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of BoardsMD. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

c. Monitoring and Enforcement. We have the right to:

Remove or refuse to post any User Content for any or no reason in our sole discretion.
Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content violates these Terms, infringes any intellectual property right or other right, threatens the personal safety of users of the Website or the public, or could create liability for us.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and Programs.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or respond to legal process requesting or directing us to disclose the identity of anyone posting any materials on or through the Website.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

d. How BoardsMD and other users can use your User Content. You grant BoardsMD and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on the Website for the purposes of operating, developing, providing, and using the Website. Nothing in these Terms shall restrict other legal rights BoardsMD may have to User Content, for example under other licenses.

e. No endorsement. BoardsMD does not endorse any User Content posted to or made available through the Website.

f. How long we keep your User Content. Following termination or deactivation of your account, or if you remove any User Content from the Website, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, BoardsMD and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through the Website. However, we have no obligation to store or maintain User Content.

g. Third party rights. We require you not to use the Website to violate anyone's copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) as User Content, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of these Terms, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.

h. Feedback you provide. If you choose to submit comments, ideas or feedback to us, you agree that we are free to use them without any restriction or compensation to you.

3. Acceptable Use

BoardsMD has established certain basic requirements for the use of the Website and we require you to adhere to them. The purpose of these requirements is to set forth how you may use the Website and certain behavior and actions that are prohibited. When using the Website you may not submit or upload User Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

Further, you are not allowed to:

Use BoardsMD’s name, logo, trademark branding, or any of its BoardsMD Content in a way that confuses people about your affiliation with BoardsMD
Access, tamper with or use non-public areas of BoardsMD, our systems or our technical providers' systems
Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks
Use any undocumented or unsupported method to access, search, scrape, download or change BoardsMD or anything on it
Use meta tags, hidden text or metadata with our trademark, logo, URL or product name without our written consent
Use Website user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website to send altered source-identifying information
Try to reverse engineer any of BoardsMD’s software
Try to interfere with any BoardsMD user, host or network, for example by sending a virus, overloading, spamming or mail-bombing
Collect or store personally identifiable information from BoardsMD or its Users without their permission
Impersonate or misrepresent your affiliation with any person or entity, including BoardsMD
Do anything that violates applicable law or regulations
Create or show ads that look like or could be confused with BoardsMD content
Encourage or help anyone do any of the things on this list

4. Third-Party Links, Sites, and Services

Our Website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by BoardsMD. We do not assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Website, you do so at your own risk and you agree that BoardsMD will have no liability arising from your use of or access to any third-party website, service, or content.

5. Disclaimers

The Website, Programs, BoardsMD Content and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. BOARDSMD SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BoardsMD takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using the Website.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOARDSMD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL BOARDSMD'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

7. Indemnification

You agree to defend, indemnify, and hold BoardsMD, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the Website or Programs in violation of these Terms or any applicable law.

8. Dispute Resolution

For any dispute you have with BoardsMD, you agree to first contact us and attempt to resolve the dispute with us informally and, if that fails, to use individual arbitration. You agree that disputes between you and BoardsMD will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

If BoardsMD has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief, and you may assert claims in small claims court if your claims qualify) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes then in effect for the AAA, in accordance with the Federal Arbitration Act. The AAA’s rules are available at www.adr.org, and the arbitration shall be governed by and construed by federal law to the fullest extent possible. Either party may elect to appear at the arbitration by phone or, if mutually agreed, to conduct it online in lieu of appearing live, or the arbitration may be conducted in person at a mutually agreed location. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Website or Programs.

You and BoardsMD further agree that any arbitration will be conducted in their respective individual capacities only and not as a class action or other representative action, and each expressly waives its respective right to file a class action or seek relief on a class basis, in arbitration or otherwise. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 10(b) will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate disputes.

9. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Connecticut, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Hartford County, Connecticut or the United States District Court for the District of Connecticut.

The Website is controlled and operated from the United States, and we make no representations that it is appropriate or available for use in other countries.

10. Notification of Claims of Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow our Copyright Agent to locate that material.
Information reasonably sufficient to permit the Copyright Agent to contact the owner or its agent, such as an address, telephone number, and, if available, an electronic mail address.
A statement that the owner has a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate.
A statement, under penalty of perjury, that the copyright owner or its agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive DMCA Notices is:

Hochman Medical Education, LLC
Ori Statlender
314 Amity Road, Bethany, CT 06524
(203) 868-0644
[email protected]

If the owner or its agent fails to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

11. Geographic Restrictions

The owner of the Website is based in the state of Connecticut in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

12. How to Contact Us

If you have questions about these Terms or our Privacy Policy, you can contact us by email at [email protected].

13. General Terms

a. Term and Termination. The Terms continue in effect until terminated by either you or us. We or you may terminate these Terms at any time upon written notice to the other. Upon termination, you continue to be bound by Sections 5 - 11 and 13 of these Terms and shall not have the right to continue to access or use the Website or Programs.

b. Notification Procedures and Changes to these Terms and Privacy Policy. BoardsMD reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms and our Privacy Policy from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Website after revisions become effective, you agree to be bound by the revised Terms and Privacy Policy.

c. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BoardsMD without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

d. Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with BoardsMD in connection with the Website, shall constitute the entire agreement between you and BoardsMD concerning the Website. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

e. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BoardsMD's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

f. Communications. By providing BoardsMD your email address, you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the service and special offers. If you do not wish to receive such email messages, you may opt out using the unsubscribe link on any such email messages. Opting out may prevent you from receiving email messages regarding updates, improvements, and offers.