Legal (Terms and Conditions)

Legal (Terms and Conditions)

Website Terms & Conditions

This website www.cmrinstitute.org (the “Website”) is operated by The Certified Medical Representatives Institute, Inc. (“CMR Institute”).  CMR Institute is a 501(c)(3) 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.  These Terms & Conditions apply to your use of this Website and also apply to: (a) all services offered on or through this Website including the educational programs and products provided by CMR Institute (the “Services”); (b) all software offerings and applications owned or provided by CMR Institute and/or available on or through this Website (the “Software”); and (c) web pages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, course content, eModules, and webinars, and other information and content available on or through or submitted on or through this Website.

By accessing the Website, you acknowledge that you have read and understand these Terms & Conditions, accept them, and agree to be legally bound by them.  You should not use the Website if you have any objections to any of these Terms & Conditions.

CMR Institute may revise these Terms & Conditions and the Privacy Policy over time as new features are added to the Website or as Internet law and standards evolve. We will post these changes, but recommend that you read these Terms & Conditions periodically when you visit the Website.

Your continued participation on this Website indicates your acceptance of these Terms & Conditions, including your acceptance of the Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information (as defined in the Privacy Policy).

If you have any objections to any of these Terms & Conditions, you should immediately discontinue use of the Website.

Other Terms
Some areas of this Website may have additional rules, guidelines, policies and/or other terms and conditions that apply to your access and/or use of that area of the Website and that may be revised from time to time (“Other Terms”).

If you register for a course, the Student and Education-Related Policies (below) and the Student Honor Code (below) will apply.

If there is a conflict or inconsistency between any of these Terms & Conditions and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Website.

Use of the Site
Certain areas of the Website may be restricted to authorized users who may be required to use a password.  You agree that you will not share any password(s) or any other Website access information.  You agree that you will be responsible for maintaining the confidentiality of your password(s) and any other Website access information, and that you will be responsible for any and all activities that occur as a result of using your password(s) and/or other Website access information.  You further agree that you will notify CMR Institute immediately in the event that you discover any unauthorized use of your password(s) or other Website access information.

You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users.  You agree that you will not attempt to interfere in any way with the operation of the Website (including with the delivery of any Services), that you will not transmit any virus or worm to the Website, that you will not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Website and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material on the Website (including, without limitation, account information, product listings, images, descriptions or prices), or for any other unauthorized purpose; and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Website.  You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

Software
You acknowledge that these Terms & Conditions govern your use of any Software provided by CMR Institute and/or made available through the Website, whether or not there are license agreements and/or end user agreements.  Unless otherwise agreed in writing, you acknowledge that (1) your use of the Software shall be only for personal and/or noncommercial purposes; (2) you shall not attempt to alter or modify the Software; (3) you shall not reverse engineer, decompile, or otherwise attempt to gain access to the source code for the Software; (4) you shall not attempt to circumvent or disable the Software or its intended purpose; and (5) you shall not copy, sublicense, assign, transfer, distribute, transmit or otherwise use the Software without the prior written consent of CMR Institute.

Services
CMR Institute may change or eliminate Services offered on or through the Website at any time without notice.

Privacy
For our full Privacy Policy, see Privacy Policy

Copyright and Permissions

Please feel free to browse the Website.  In general, and unless otherwise posted, you may review and print copies of material from the Website, provided that the material (1) is used only for non-commercial purposes, and (2) retains, without alteration, all copyright, trademark, and other proprietary notices displayed on the material as posted on the Website.

You are not permitted to make or distribute copies of material on the Website for any commercial purpose without prior written permission from CMR Institute.  None of the material contained on the Website (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 Website is:

Copyright © 2017 The Certified Medical Representatives Institute, Inc.
All rights reserved.

CMR Institute has a policy of terminating services to users who willfully and/or repeatedly infringe.

For further information regarding permission to use material from the Website, please contact us at program@cmrinstitute.org.

Stock images are provided by Shutterstock.com.

Trademarks
Many of the trademarks/service marks and/or logos (collectively the “Marks”) displayed on the Website identify the services and products of CMR Institute and related organizations, and inform the public as to the source of those services and products.  Your misuse of any Mark is strictly prohibited, including without limitation, your use of Marks in any of the following ways:

  • In a manner likely to cause confusion;
  • To identify your products or services;
  • In, as, or part of your own trademarks or service marks;
  • In a manner that inaccurately implies a sponsorship, endorsement, or other connection with your products, services or other activities; or
  • In a manner that disparages or dilutes the Marks.

You agree not to display or otherwise inappropriately use the Marks without prior written permission from CMR Institute. Please make such requests by email to program@cmrinstitute.org. We will evaluate your request and respond as soon as possible.

Submissions by You
In the event that you transmit or post any content, including any text, graphics, software, music, sound, photographs, videos, messages, comments, feedback, data, information, or other materials (collectively, the “Content”), on or to the Website, you (1) represent and warrant to CMR Institute that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit such Content; and (2) grant to CMR Institute an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed. You acknowledge that any Content submitted by you may be handled by CMR Institute on a non-confidential basis.

Disclaimers
CMR Institute posts Software, information and material on the Website for your personal use. But none of the material on the Website is intended, nor should it be construed as, professional advice of any form.

We may also provide links to other websites that we hope you will find helpful. We do not control the material presented in other websites, however, and we do not vouch for or assume responsibility for the accuracy of such material.

Additional Disclaimers and Limitation of Liabilities and Warranties
The Website may contain technical inaccuracies, typographical errors, and out of date information.  CMR Institute makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and CMR Institute makes no warranty that the Website will meet your requirements. CMR Institute reserves the right to make changes to the Website at any time.  YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING THE SOFTWARE AND SERVICES OFFERED ON OR THROUGH THE WEBSITE, IS AT YOUR OWN RISK. CMR INSTITUTE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SOFTWARE, SERVICES AND/OR WEBSITE.  CMR INSTITUTE MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SOFTWARE, MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITE, ALL OF WHICH ARE BEING OFFERED “AS IS.”  CMR INSTITUTE MAKES NO WARRANTY OF NONINFRINGEMENT. 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 WEBSITE, OR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THE WEBSITE.

Unless stated otherwise, CMR Institute intends that any and all courses, eModules, and webinars or other events advertised on this Website be available.  CMR Institute reserves the right to change, modify, and update the courses, eModules, and/or webinars or other events available through this Website at any time.

Indemnification
You shall indemnify and hold harmless CMR Institute, its affiliates, officers, employees, and agents, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Website, including any Software and/or Services offered through the Website, Content that you submit through the Website, and/or your breach of any of the provisions of the Terms & Conditions and/or the Privacy Policy.

Intellectual Property Limitation of Liability
CMR Institute respects the intellectual property of others, and we ask visitors to our Website to do the same. If you believe 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 the designated Copyright Agent of CMR Institute:

  • Identification of the copyrighted work(s) that you claim has been infringed;
  • Identification of where the material that you claim to be infringing is located on the Website;
  • 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, including the law of copyright fair use;
  • 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;
  • Your address, telephone number, and e-mail address; and
  • Your physical or electronic signature.

The designated agent of CMR Institute for notification of claims of copyright infringement on this Website can be reached as follows:

Address:  Designated Agent for Intellectual Property

The Certified Medical Representatives Institute, Inc.
4423 Pheasant Ridge Road, Suite #100
Roanoke, VA 24014-5274
Telephone: 800-328-2615
Fax: 540-989-4710
E-mail: marketing@cmrinstitute.org

Similarly, if you believe any of your trademarks or service marks have been infringed, or if you believe that your image has been used without your consent, please notify the designated agent of CMR Institute.

Dispute Resolution
Any action based on a breach of any provision of these Terms & Conditions shall be brought to the federal or local courts presiding in Virginia, United States, whichever is appropriate, 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, and grant to CMR Institute its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.

Applicable Laws and Jurisdictional Issues
The Website shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the Commonwealth of Virginia applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles.  By visiting and using the Website, you consent to the jurisdiction of the courts presiding in 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.

Compliance with Laws
You agree that you will not use the Website or the Software or Services provided on or through the Website for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, use or export the Website or Software or Services provided on or through the Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations.  You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Website or Software or Services provided on or through the Website in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.

Force Majeure
Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of CMR Institute is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, 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.

Headings
The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

No Assignment
You may not assign your rights or obligations under this Agreement without the prior express written consent of CMR Institute.

No Waiver
Any failure by CMR Institute to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.

Changes to the Terms & Conditions
No changes to these Terms & Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Website or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms & Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of CMR Institute.

Complete Understanding
These Terms & Conditions constitute the entire understanding between CMR Institute and you with respect to the Website.

BY USING THE WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS & CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS.  AS A CONDITION OF YOUR USE OF THE WEBSITE, YOU WARRANT THAT YOU WILL NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL.

For more information about CMR Institute or if you have any questions about our Terms & Conditions, please contact us by e-mail at program@cmrinstitute.org.

We will be happy to answer your questions or hear your concerns.

 

Student and Education Related Policies

These Student and Education-Related Policies (the “Education Policies”) are part of the Terms & Conditions (above) of the website www.cmrinstitute.org (the “Website”) of The Certified Medical Representatives Institute, Inc. (“CMR Institute”), which are binding on all Website users.

Prices, Shipping and Handling Charges, Taxes and Customs
Prices for enrollment into programs, courses, or modules are listed on the Website.  Pricing information can also be obtained by contacting a Client Advisor at 800-328-2615 or by e-mail at program@cmrinstitute.org.  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.

Payment Terms, Orders
Terms of payment shall be determined at CMR Institute’s discretion.  For individual orders, payment is due at the time the order is placed.  Payment for individual orders may be by 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.  Companies may also place quantity orders by sending an e-mail message to program@cmrinstitute.org or by calling 800-328-2615.

Delivery
If you decide to enroll in a CMR Institute course and have the materials physically shipped to you, delivery of initial materials will be by UPS or USPS, at CMR Institute’s discretion.  Additional materials, instructions, reminders and other communications may be sent via e-mail, UPS, or USPS.  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 delivery in accordance with delivery dates.  If the materials cannot be transmitted when stated, CMR Institute may send an e-mail notification informing you of the new date.

Materials
All printed and online copy materials will confirm to CMR Institute’s specifications.  If you believe any information or data to be inaccurate or defective, you should hold it for inspection by CMR Institute.  Once a course is “launched” on the Website, it cannot be returned or removed from a student transcript for any reason.  Printed materials can be returned for credit within thirty (30) days of receipt if the materials are unopened and not damaged in any way unless otherwise agreed to in writing by CMR Institute.  If an exam has been launched on the Site, the exam will always remain on a student transcript.  If an exam retake is given, all scores for an exam will show up on a transcript.

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.

Support and Communications
CMR Institute maintains Client Advisors to assist students.  Hours of operations are 9:00 a.m. to 5:00 p.m. EST Monday through Friday.  CMR Institute can be reached via phone at 800-328-2615 or by e-mail at program@cmrinstitute.org.  All inquiries are responded to within approximately two business days.  From time to time CMR Institute may send course reminders, notices, and other important news and information to all students via e-mail.  Use of an e-mail address and provision of this e-mail address to CMR Institute is mandatory.

Non-Discrimination Policy
CMR Institute admits students of any race, religion, color, and national or ethnic origin to all the rights, privileges, programs, and activities generally accorded or made available to students.  CMR Institute does not discriminate on the basis of race, religion, sex, or national or ethnic origin in the administration of its educational or admission policies or other programs.

Examinations
Exams are available only via the Internet.  If you are accessing an exam, you must read and understand the Policies and the Terms & Conditions prior to taking an exam.  Credit for courses, modules, or specialty certificates is given when you score 70% or higher on any exam.  If an exam is not passed with a 70% or higher, the exam may be retaken after a two-week waiting period and payment of $50.  If your company is sponsoring your education with CMR Institute, they may not pay the exam retake fee.  You may access the Website wherever Internet access is available, 24 hours a day.  A unique username and password is required to log on to the Website.  The programs of CMR Institute are self-directed study programs.  Examinations are based on course materials, and all exam questions are randomized.  Upon completion of the exam, you will receive a numerical score.  You are given access to a completion document that may be printed for recordkeeping.  Exam results are reported to sponsoring companies, if any, as requested.

Access to CMR Institute Online Learning Center
The CMR Institute Online Learning Center is available 24 hours a day, 365 days a year, with the exception of maintenance times.  Once a user account is created, it will remain active for six months.  If after six months the user has not accessed his or her account, it will be made inactive.  Users can contact CMR Institute to make an account active at any time.

Payment Policy
If you are sponsored by an employer you should check with your company to determine the company’s policy regarding the payment of fees.  Failure to pay the correct fees when due may result in processing delays.  CMR Institute accepts checks, VISA, MasterCard, Discovery, and American Express.

Refund Policy
For printed courses, the books may be returned and fees will be refunded if you withdraw from a course and return unopened and undamaged materials within thirty (30) days of receipt.  There is a $25 processing fee of all refunds.  All refunds are processed at the end of each month.  Please allow thirty (30) days for processing.  There are no refunds from online courses, library modules, or specialty certificates.  Once any online course material is launched on the Website, it cannot be removed from your transcript for any reason.

Returned Check Policy
There will be a $25 charge for each check returned unpaid by your bank for any reason.  You will not receive CMR Institute mailings until your balance is paid in full.  Failure to pay the amount of the original unpaid check as well as the $25 charge (by cashier’s check, money order, or credit card) within thirty (30) days of notification may result in withdrawal from the program.  If more than one check is returned unpaid by the bank for any reason, all future payments must be made by cashier’s check, money order, or credit card.

CMR Institute Honor Code
Any and all students of CMR Institute accept this Honor Code as part of the Policies and the Terms & Conditions of using the Website and any mobile application of CMR Institute.  By accepting this Honor Code, you are agreeing to the following:

  1. You will not give or receive any unauthorized assistance, including but not limited to, assistance from any printed, audio, or electronic materials or any individuals, in completing coursework and/or examinations. You understand that plagiarizing material from ANY source is strictly prohibited and is a direct violation of the Honor Code.
  1. When taking CMR Institute’s online examinations, an electronic record is created. You recognize that CMR Institute regularly audits these records to ensure that the integrity of the certification and examination process is not compromised.
  1. If your electronic record of examination exhibits any irregularity suggesting that you may have given or received unauthorized assistance, the irregularity will be brought to your attention, and you will have an opportunity to explain the circumstances to CMR Institute.
  1. If after considering your explanation, CMR Institute in its sole discretion determines that the Honor Code has been violated, you agree and acknowledge that CMR Institute may take certain remedial actions, including but not limited to:
  • Removal from all CMR Institute educational programs, with no refund of any fees paid to CMR Institute; and/or
  • Notifying third parties, such as your employer and/or sponsoring organization, if any, of the violation.
  1. If CMR Institute in its sole discretion determines that you have breached the Honor Code, there may be consequential and/or incidental damages relating to or arising from the remedial actions taken by CMR Institute.
  1. By enrolling in a CMR Institute content item or by taking a CMR Institute examination, you agree to hold CMR Institute harmless from and against any such damages, and waive any right that you may have to assert a claim against CMR Institute, including for invasion of privacy or interference with business relations.
  1. You represent and warrant that you are 18 years of age or older. Your continuation with the CMR Institute Website certifies that you understand and agree to the Honor Code.

CMR Institute reserves the right to withdraw any student who violates the Honor Code.

Last Modified:  April 14, 2016