Terms and Conditions for Use of the Assessment of Professionalism Behaviors Website
This Website provides a variety of resources developed by the National Board of Medical Examiners (“NBME”) in connection with its Assessment of Professional Behaviors Project. Among other things, this Website provides lists of Professional Behaviors (the “Behaviors”); an Implementation Guide; and a Discussion Forum (the “Forum”) for interactive discussion of professionalism. All of these materials are provided for users' internal, educational purposes only. All other uses, including without limitation, all commercial and research uses, are prohibited without the prior written consent of the NBME.
By using this Website, or any portion of this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. All aspects and features of the Website, as well as these Terms and Conditions, are subject to change from time to time. Please review this section of the Website periodically to be aware of any changes.
These Terms and Conditions are organized as follows:
A. General Terms and Conditions
B. The Behaviors
C. Privacy Policy
Disclaimer of All Warranties; Limitation of Liability
You expressly agree that your use of the Website is at your sole risk. Neither NBME, nor its affiliates, nor any of its or their officers, directors or employees, agents, third-party content providers, sponsors, licensors or the like warrant that the Website will be uninterrupted or error-free; nor does it or they make any warranty as to the results that may be obtained from the use of the Website, or as to the accuracy, reliability or currency of any content, information, product or service provided through the Website.
THIS WEBSITE, AND ALL MATERIALS, PRODUCTS AND SERVICES MADE AVAILABLE VIA THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, NBME HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES SHALL NBME OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS WEBSITE OR ANY RELATED MATERIALS, PRODUCTS OR SERVICES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER RESULTING FROM THE USE OF THIS WEBSITE AND ITS MATERIALS, PRODUCTS, AND SERVICES, OR FROM ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW.
Indemnity
You agree to release and hold NBME, its officers, directors, employees, and agents harmless from and defend and indemnify them against all losses, damages, costs, and expenses, including reasonable attorneys' fees, that they incur as a result of any action, claim, suit, or proceeding arising out of your breach of these Terms and Conditions or other misuse of the Website, including without limitation the Behaviors and the Discussion Forum.
No Agency
No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions or your use of the Website, including without limitation the Behaviors and the Discussion Forum.
Notices
Except as explicitly stated otherwise, legal notices shall be served as follows:
NBME:
Via registered mail to:
National Board of Medical Examiners
Legal Department
3750 Market Street
Philadelphia, PA 19104
User:
To the e-mail address you provide to NBME during the registration process or via mail to your street address, if available.
Notice by e-mail shall be deemed to have been given 24 hours after any e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notices by mail shall be effective three days after mailing.
Copyrights and Trademarks
This Website and all of its contents, including without limitation the Behaviors, is protected by U.S. and international trademark and copyright laws. NBME reserves all copyrights and trademark rights in this Website and all materials provided herein, including all photographs and graphic designs. This Website and all of its content is provided for educational usage only. The use of all or any portion of this Website for any other purpose, including repackaging in hard copy or compilation for CD-ROM or any other electronic media, is prohibited. If you wish to mirror, reproduce, republish or translate any information in this Website, please contact NBME as noted below with the details of your proposed use.
NBME reserves the right to seek all remedies available by law for any violation of the foregoing terms of use, including without limitation any violation of NBME's rights in the Behaviors.
Miscellaneous
NBME is not responsible for typographical errors. All typographical errors are subject to correction at any time.
The following additional terms and conditions govern the downloading and use of the Behaviors:
a. If you are downloading the Behaviors on behalf of an institution or organization, you have the authority to bind such institution or organization.
b. You acknowledge that the list of Behaviors is under continuing development and that the NBME makes no warranty about its utility or suitability for any use, general or specific.
c. You and your institution and/or organization will make no use of the Behaviors other than for noncommercial, educational purposes.
d. You will not purport to transfer, license or convey any rights to the Behaviors to any third party.
e. You will acknowledge NBME as the owner of the Behaviors in any use or publication that arises from your use of the Behaviors, and you will include a citation to http://professionalbehaviors.nbme.org (download date, time) as the source.
f. You will provide NBME with appropriate and timely feedback concerning your use of the Behaviors.
g. You acknowledge that all feedback provided to NBME, including all ideas expressed therein, shall become the exclusive property of NBME and that NBME shall therefore be the owner of all rights, including all copyrights, applicable thereto and shall have the right to use all such feedback in any way it deems appropriate, without attribution and without compensation to you.
By using this Website, you agree to be bound by our Privacy Policy .
