The following terms and conditions shall govern the materials and/or services provided to you by Certified Medical Representatives Institute ("CMR Institute") from this web site (the "Site"). CMR Institute is a not-for profit organization dedicated to advancing the healthcare industry through education that builds a better foundation and understanding between and among professionals in the healthcare industry and, ultimately, the patients they serve.
By accessing and using this Site, you acknowledge that you understand these Terms and Conditions, and that you accept them and agree to be legally bound by them. You should not use this Site if you have any objections to any of these Terms and Conditions.
CMR Institute may revise these Terms and Conditions over time as new features are added to the Site or as Internet law and standards evolve. We will post those changes prominently but we do recommend that you read these Terms and Conditions each time you visit the Site. You agree to be bound by the specific terms and conditions posted on the Site at the time an order is placed.
1. Copyright and Permissions
Please feel free to browse the Site. You may download or make single copies of materials displayed on the Site for your own personal and noncommercial use, provided all copies retain the copyright and other proprietary notices displayed with the materials on the Site.
We hope that you will download and print the enrollment and registration forms and fax them to us at: 540.989.4720 to enroll in the CMR Institute Certification Program.
You may not download, transmit, copy or otherwise make available any material from the Site, including any text or images, for public or commercial use, without CMR Institute's prior written permission: you also may not distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the CMR Institute Site without our prior written permission.
None of the material contained on the Site (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of CMR Institute.
Except as otherwise noted, all content of the CMR Institute Site is "Copyright © 2003 CMR Institute" All Rights Reserved.
CMR Institute has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material, please contact us. We can be reached by e-mail at: information@cmrinstitute.org.
2. Trademarks/Service Marks
The trademarks, logos and service marks (collectively the "Marks") displayed on the Site are registered and unregistered Marks of CMR Institute and others. Nothing contained on the Site should be construed as granting any right or license to use any Mark displayed on the Site. Your misuse of any Mark is strictly prohibited. You are also advised that CMR Institute will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. You agree not to display or otherwise use the Marks in any manner without prior written permission from CMR Institute.
CMR Institute actively protects its intellectual property, including its copyrightable subject matter, therefore, it reserves the right to refuse orders for CMR Institute educational products in order to prevent copyright infringement.
3. Privacy
CMR Institute's policy is to respect and protect the privacy of our users. CMR Institute agrees to exercise reasonable precautions to maintain the confidentiality of information provided by you in connection with accessing this Site. CMR Institute does not collect personal information about individuals except when specifically and knowingly provided by such individuals and will not sell, rent or trade personal information about our users to any third party. Notwithstanding the foregoing, CMR Institute may disclose personal information in special cases: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) CMR Institute's rights or property or anyone that could be harmed by such activities; (2) when we believe in good faith that the law requires it; (3) to any third party who acquires CMR Institute; and (4) in situations involving threats to the physical safety of any person. Additionally, if you choose to enroll in a CMR Institute program, CMR Institute will share information including tracking, activity and score reports with your sponsoring company's training personnel as necessary to provide service to you.
4. "Cookies"
Visitors should be aware that non-personal information and data may be automatically collected on the Site through the use of "cookies." "Cookies" are small text files (no larger than 4k) stored as text on a computer hard drive. Web sites can use cookies to recognize repeat visitors, facilitate the visitor's ongoing access to and use of the site, and allow a site to track usage behavior and compile aggregate data that will allow content improvements. " Cookies" are not programs that come onto a visitor's system and damage files. The use of "cookies" is common in the Internet industry, and many major web sites use them to provide useful features to their customers. Generally, "cookies" work by assigning a unique number to the visitor that has no meaning outside the assigning site. If a visitor does not want information collected through the use of "cookies", there is a simple procedure in most browsers that allows the visitor to deny or accept the cookie feature. CMR Institute uses "cookie" technology only to obtain non-personal information from its online visitors in order to improve visitors' online experience and facilitate their visit within our site.
5. Links
This Site contains links to other sites, including the sites of educational collaborators and journals. CMR Institute is not responsible for the privacy practices or the content on any of these other web sites, including any sites that may indicate a special relationship or "partnership" with CMR Institute. CMR Institute does not disclose unique identifiers to those responsible for the linked sites. The linked sites, however, may collect personal information from you when you link to their site. This collecting of information is not subject to CMR Institute's control. To ensure protection of your privacy, always review the privacy policies of the sites you visit by linking from this Site.
6. Our Commitment to Children's Privacy
Protecting the privacy of the very young is especially important. We never collect or maintain information at the Site from persons we know to be under age 13, and no part of our Site is designed to attract anyone under age 13. Please do not communicate with or contact us if you are under age 13.
7. How You Can Review or Correct Your Personal Information
You can contact CMR Institute at program@cmrinstitute.org to ask if we are keeping personal information about you. If we do have personal information about you, we will provide you with a readable copy of such personal information at no charge.
Factual errors in your personal information, including out-of-date information, can be corrected by sending us a request that credibly shows our error.
8. Opt-Out Procedures
You may always opt-out of receiving communications from us. To remove any personal information from our database or to not receive future communications from CMR Institute, send an e-mail to program@cmrinstitute.org with the word "remove" in the subject line.
9. Security Statement
In an effort to safeguard your personal information, it is protected by VeriSign. We use VeriSign's SSL encryption to protect credit card numbers, online order forms and other confidential information from interception and hacking. We use ItsReality.net website hosting services with Secure Server Certification Authority because we believe that it provides reliable and secure operations infrastructure and comprehensive security, trust, and authentication practices.
10. Prices, Shipping and Handling Charges, Taxes and Customs
Certification prices are listed in the CMR Institute handbook which may be ordered by calling 800-274-2674. Other prices may be obtained by telephoning 800-274-2674, extension 3830, sending an e-mail message to information@cmrinstitute.org or by faxing 540-989-4710. Shipping and handling are additional charges and not included in the list prices. CMR Institute will not charge you for any taxes, but you may be responsible for sales taxes and/or other taxes in the state where you reside.
11. Payment Terms, Orders
Terms of payment shall be determined at CMR Institute's discretion. Currently, orders including enrollments cannot be placed from the Site. For individual orders, forms can be downloaded, printed and sent to CMR Institute via mail or fax. Companies may also place quantity orders by sending an e-mail message to information@cmrinstitute.org or by telephoning 800-274-2674, extension 3830. Payment for individual orders may be made check or credit card and are subject to the approval of the relevant financial institution. CMR Institute shall not be liable in any way if such financial institution refuses to accept or honor the check or credit card for any reason. Individuals taking quizzes offered from the Site in conjunction with Pharmaceutical Representative magazine may submit it for processing by providing a credit card number; these transactions are protected by VeriSign.
12. Delivery
If you decide to enroll in a CMR Institute program, delivery of initial materials will be by UPS. Additional materials, instructions, reminders and other communications may be sent via e-mail or regular mail. CMR Institute may deliver the material ordered in installments. All delivery dates given by CMR Institute are estimates only and CMR Institute is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with delivery dates. Estimated delivery dates are provided to the customer during the ordering process. If the materials cannot be transmitted when stated, CMR Institute will send an e-mail notification informing you of the new date.
13. Materials
All materials will conform to CMR Institute's specifications. If you believe any information or data to be inaccurate or defective, you shall hold it for inspection by CMR Institute. Materials cannot be returned for credit after 30 days and materials must not be opened or damaged in any way except pursuant to a prior written agreement with CMR Institute. You can reach CMR Institute by e-mail at program@cmrinstitute.org.
CMR Institute reserves the right to discontinue delivery of materials and/or provision of its service at any time.
Determination of the suitability of materials ordered is your sole responsibility. CMR Institute disclaims any responsibility in that regard.
14. Support and Communications
CMR Institute provides a FAQ page for testing help. If you wish to obtain additional information, you may contact us directly. Communications are primarily conducted by e-mail with responses within 2 business days. You can reach CMR Institute by e-mail at program@cmrinstitute.org.
15. Disclaimers and Limitation of Liabilities and Warranties
CMR Institute SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE PRODUCTS. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. CMR Institute MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE PRODUCTS/MATERIALS/SERVICES, ALL OF WHICH ARE BEING SOLD "AS IS." CMR Institute ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING ANY MATERIALS FROM THE SITE.
16. Intellectual Property Limitation of Liability
CMR Institute respects the intellectual property of others, and we ask visitors to the Site to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to CMR Institute's designated Copyright Agent:
1. Identification of the copyrighted work(s) that you claim has been infringed;
2. Identification of where the material that you claim to be infringing is located on the Site;
3. A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner's behalf;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
CMR Institute's designated contact for notification of claims of copyright infringement on the Site is the Service and Support Department who can be reached as follows:
Address: 4423 Pheasant Ridge Road
Suite 100,
Roanoke, VA 24018
Telephone: 800-274-2674
Fax: 540-989-4720
E-mail: information@cmrinstitute.org
Similarly, if you believe that any of your trademarks or service marks have been infringed, please notify CMR Institute's designated agent.
17. Dispute Resolution
Any action based on a breach of the terms herein shall be brought to the United States Federal Court in Roanoke, Virginia, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction to prevent such a breach, and grant to CMR Institute its damages and attorneys' fees and such other and further relief as the court may deem appropriate.
18. Applicable Laws and Jurisdictional Issues
This Site including any services and/or materials shall be governed by the laws of the Commonwealth of Virginia. By visiting the Site, you consent to the jurisdiction of the federal and state courts presiding in the Commonwealth of Virginia and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
19. Force Majeure
Notwithstanding any other provision contained in these Terms and Conditions, in the event that CMR Institute's performance of any obligation is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of CMR Institute, then CMR Institute shall not be responsible to you for any failure or delay in the performance of its obligations. CMR Institute shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, CMR Institute from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.
20. Headings
The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions of sale.
21. No Assignment
You may not assign your rights or obligations under this Agreement without the prior express written consent of CMR Institute.
22. Invalidity of Provisions
In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.
23. No Waiver
CMR Institute's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
24. Complete Understanding
These Terms and Conditions constitute the entire understanding between CMR Institute and you with respect to ordering data and/or services from the Site.
BY USING THE SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL.
For more information about CMR Institute or if you have any questions about our Terms and Conditions, please contact us:
e-mail: information@cmrinstitute.org
We'll be happy to answer your questions or hear your concerns.
Last Updated: May 2006
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