These Terms & Conditions together with any documents expressly incorporated by reference (collectively, the “Terms & Conditions”) are entered into by and between you and The Certified Medical Representatives Institute, Inc. (“CMR Institute,” “we,” “us,” or “our”).
The following terms and conditions govern your access to and use of the websites www.cmrinstitute.org and learning.cmrinstitute.org, and also apply to: (a) all services offered on or through these Websites 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 Websites (the “Software”); (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 the Websites; and (d) our mobile applications including any content, functionality, and services (collectively, our “Websites”).
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.
CMR Institute may revise these Terms & Conditions and the Privacy Policy over time as new features are added to our Websites or as Internet law and standards evolve. We will post these changes but recommend that you read these Terms & Conditions periodically when you visit our Websites.
Please read the Terms & Conditions carefully before you start to use our Websites. By using our Websites, you accept and agree to be bound and abide by these Terms & Conditions and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms & Conditions, you must not access or use our Websites.
Our Websites are offered and available to users who 13 years of age or older. By using our Websites, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Websites.
Other Terms
Some areas of the Websites may have additional rules, guidelines, policies and/or other terms and conditions that apply to your access and/or use of that area of our Websites 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 our Websites.
Use of the Websites
It is a condition of your use of our Websites that all the information you provide on the Websites is correct, current, and complete. Certain areas of our Websites may be restricted to authorized users who may be required to use a password. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you will not provide any other person with access to our Websites or portions of it using your user name, password, or other security information. You shall notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also shall ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms & Conditions.
You acknowledge that you will not access or use our Websites in any manner that could damage, disable, impair or cause undue burden on our Websites and/or its host, servers, network, systems or other users. You acknowledge that you will not attempt to interfere in any way with the operation of our Websites (including with the delivery of any Services), that you will not transmit any virus or worm to our Websites, that you will not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access our Websites and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material on our Websites (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 our Websites. You further acknowledge 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 our Websites without authorization.
Software
You acknowledge that these Terms & Conditions govern your use of any Software provided by CMR Institute and/or made available through our Websites, 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 our Websites at any time without notice.
Privacy
For our full Privacy Policy, see Privacy Policy.
Copyright and Permissions
Please feel free to browse our Websites. In general, and unless otherwise posted, you may review and print copies of material from our Websites, 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 our Websites.
You are not permitted to make or distribute copies of material on our Websites for any commercial purpose without prior written permission from CMR Institute. None of the material contained on our Websites (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 our Websites is:
Copyright © 2020 CMR Institute.
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 our Websites, please contact us at program@cmrinstitute.org.
Stock images are provided by Shutterstock.com.
Trademarks
Our name, logo, all related names, logos, product and service names, designs, and slogans are trademarks of CMR Institute or its affiliates or licensors (collectively “Marks”). You must not use such Marks without the prior written permission from CMR Institute. All other names, logos, product and service names, designs, and slogans on our Websites are the trademarks of their respective owners. Your misuse of any Mark is strictly prohibited, including without limitation, your use of Marks in any of the following ways:
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 our Websites, 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 our Websites for your personal use. But none of the material on our Websites 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. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Linking to the Websites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Our Websites may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Websites; send emails or other communications with certain content, or links to certain content, on our Websites; or cause limited portions of content on our Websites to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: establish a link from any website that is not owned by you; cause our Websites or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; or otherwise take any action with respect to the materials on our Websites that are inconsistent with any other provision of these Terms & Conditions. You shall cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Additional Disclaimers and Limitation of Liabilities and Warranties
Our Websites 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 our Websites will meet your requirements. CMR Institute reserves the right to make changes to our Websites at any time. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR USE OF OUR WEBSITES, INCLUDING THE SOFTWARE AND SERVICES OFFERED ON OR THROUGH OUR WEBSITES, IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CMR INSTITUTE 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 WEBSITES. UNDER ALL CIRCUMSTANCES OUR LABILITY ONLY EXTEND UP TO THE AMOUNT RECEIVED FROM YOU IN THE PRIOR SIX (6) MONTHS. 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 OUR WEBSITES, 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 OUR WEBSITES, OR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM OUR WEBSITES. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR OUR WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Unless stated otherwise, CMR Institute intends that any and all courses, eModules, and webinars or other events advertised on the Websites be available. CMR Institute reserves the right to change, modify, and update the courses, eModules, podcasts, and/or webinars or other events available through the Websites at any time.
Indemnification
You shall defend, 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 our Websites. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party.
Reporting Claims of Copyright Infringement
CMR Institute respects the intellectual property of others, and we ask visitors to our Websites to do the same. 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 our Websites infringe your copyright, you may request removal of those materials (or access to them) from our Websites 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 the following:
Our designated copyright agent to receive DMCA Notices is:
Sharon Lustig, Vice President
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: 540-301-6073
E-mail: marketing@cmrinstitute.org
If you fail 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 our Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
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
Our Websites 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 our Websites, 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 will not use our Websites or the Software or Services provided on or through our Websites for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you will not access, download, use or export our Websites or Software or Services provided on or through our Websites, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations. You must 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 our Websites or Software or Services provided on or through our Websites in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.
Monitoring and Enforcement; Termination
We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Additionally, we have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Websites. We may terminate or suspend your access to all or part of our Websites for any violation of these Terms & Conditions.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites.
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, pandemics, 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. 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
We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of our Websites following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Complete Understanding
These Terms & Conditions constitute the entire understanding between CMR Institute and you with respect to our Websites.
BY USING OUR WEBSITES, YOU SIGNIFY YOUR ASSENT TO THESE TERMS & CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF OUR WEBSITES, YOU WARRANT THAT YOU WILL NOT USE OUR WEBSITES 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.
Last Modified: March 16, 2020
Student and Education Related Policies
These Student and Education-Related Policies (the “Education Policies”) and incorporated by reference into to the Terms & Conditions (above) of our websites www.cmrinstitute.org and learning.cmrinstitute.org (the “Websites”) of The Certified Medical Representatives Institute, Inc. (“CMR Institute”), which are binding on all Website(s) users.
Prices, Shipping and Handling Charges, Taxes and Customs
Pricing information can 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 made by 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 or credit card for any reason. Companies may also arrange corporate programs and payment by sending an e-mail message to program@cmrinstitute.org or by calling 800-328-2615.
Materials
All printed and online copy materials will conform 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 our Websites, it cannot be returned or removed from a student transcript for any reason. If an exam has been launched on the Site, the exam will always remain on a student 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 80% or higher on any exam. You may access our Websites wherever Internet access is available, 24 hours a day. A unique username and password is required to log on to our Websites. 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 corporate checks, VISA, MasterCard, Discovery, and American Express.
Refund Policy
There are no refunds from online courses, library modules, or specialty certificates once launched on our Websites. Once any online course material is launched on our Websites, it cannot be removed from your transcript for any reason.
Returned Check Policy
We reserve the right to collect 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 our Websites and any mobile application of CMR Institute. By accepting this Honor Code, you are agreeing to the following:
CMR Institute reserves the right to withdraw any student who violates the Honor Code.
Last Modified: March 18, 2020