OVERVIEW
This website is operated by Knowledge to Practice. Throughout the site, the terms “we”, “us” and “our” refer to Knowledge to Practice. Knowledge to Practice offers this website, including all information, tools and services available from this site to you, the User and upon payment in full for Learners, conditioned upon your acceptance of all terms, conditions, policies and notices and license and subscription terms. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to any who accesses this. When you purchase a product, you will be required to assent to the Terms of Service before the purchase is completed. If you do not agree to all the terms and conditions of this Service, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the site or Services shall also be subject to the Terms of Service.
IF YOU SUBSCRIBE TO THE CURRENTMD PRODUCT FOR A TERM (THE “CURRENTMD INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE CURRENTMD INITIAL TERM AT K2P’S THEN-CURRENT FEE FOR THE CURRENTMD PRODUCT UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 5 BELOW. FOR ALL OTHER PRODUCTS, IF YOU SELECT TO AUTO-UPGRADE YOUR SUBSCRIPTION TO THE SERVICES AT THE END OF YOUR FIRST TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY UPGRADED TO THE LATEST VERSION OF THE PRODUCT AT K2P’S THEN-CURRENT FEE FOR SUCH VERSION UNLESS YOU OPT OUT OF THE AUTO-UPGRADE IN ACCORDANCE WITH SECTION 6 BELOW.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.
PLEASE NOTE THAT THE TERMS OF SERVICE IS SUBJECT TO CHANGE BY K2P IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, K2P will make a new copy of the Terms of Service available on the Service and any new Supplemental Terms will also be made available from within, or through, the affected Service. K2P will require you to provide consent to the updated Terms of Service during your next log-in to the Service before further use of the Service is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you will not be permitted to continue using the Service.
SECTION 1 - Our Service
We will provide medical education content through our online interactive learning platform to our Learners based on the subscription term and services purchased (“Service”). Our Service also consists of any related products, materials, training, services, printed content from the Service, or other materials and documentation. We may at any time update, improve, replace, modify or alter the specifications for and functionality of all or any part of the Service from time to time. The Services are not intended for and should not be used by anyone under the age of 16.
SECTION 2 - License
Subject to the provisions of these Terms of Use, we agree upon payment in full to provide Learners with the right to access and use the Service through a limited, non-transferable, non-sub-licensable, non-exclusive, revocable license during the subscription term in a fully assembled state and not separately as components, solely for Learner’s own personal educational use. All of our rights not expressly granted by this license are hereby retained. The information contained in the Service may not be transferred to, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of the Terms of Use, to facilitate unfair competition with the Service, or for any purpose that is inappropriate or unlawful under applicable United States or international law or otherwise in violation of this Agreement. Each person that accesses the Service must have their own paid subscription. A single license and log-in may not be shared between more than one person.
SECTION 3 - Subscription
We hereby grant Learners a limited, non-exclusive right to access and use the functionality of the specific product purchased by means of password-protected access to the K2P website. Learner is responsible for maintaining the security of Learner’s login credentials, including username and password. A free subscription continues until terminated, while a paid subscription has a term that may expire or be terminated. The Terms of Service remains effective until the subscriptions have expired or has been terminated. Learner is solely responsible for providing high speed internet service to access and use the Services. Learner agrees that it shall comply with all applicable privacy, publicity, data protection, electronic communications, spam and other laws in connection with and/or related to its use of the Service, including, without limitation, the CAN-SPAM Act of 2003 (U.S.A.), the Personal Information Protection and Electronic Documents Act (PIPEDA) (Canada), and the EU General Data Protection Regulation.
SECTION 4 - Orders
Learners may purchase the Services on our website. Fees may be stated on the website based on the product, services and subscription timeframe. All fees are due in advance and non-refundable. Learner is responsible for paying all sales, value added and other taxes on the Services regardless if they are included at the time of purchase. Our store is hosted on Stripe Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services. Stripe’s Term of Use can be found here. Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We reserve the right to refuse any order Learner places with us and to limit the sales of our Services to any person, billing address, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
SECTION 5 - Auto-Renewal for CurrentMD Product
Your subscription for the CurrentMD product will continue indefinitely until terminated in accordance with the Terms. After your CurrentMD Initial Term, your online CurrentMD product subscription will automatically renew for additional terms of the same length (each, a “Renewal Commencement Date”), allowing you to conveniently maintain your progress and access. By purchasing today, you authorize Knowledge to Practice to automatically charge your credit card account upon the expiration of the Initial Term at the full price in effect at the time (plus applicable taxes), without any additional action by you. Discounts and promotions applied to the purchase of your Initial Term or advertised by Knowledge to Practice at the time of renewal are not applicable to automatic renewal purchases.
You agree that you will be subject to this automatic renewal feature unless you cancel your subscription by notifying K2P (via email to [email protected]) up until the day before the Renewal Commencement Date. When cancelling an automatic renewal of a subscription, please provide the email address for your account and the product name for which you would like to cancel. Learner will be billed based on the method of the prior order. If Learner used a credit card for payment, Learner authorizes us to apply the renewal subscription fee to their credit card automatically and without prior authorization. The Auto-Renewal program and these terms and conditions may be modified or terminated by us at any time.
SECTION 6 - Auto-Upgrade
For Learners who have selected to auto-upgrade their online product subscription after their Initial Term, your subscription will be automatically upgraded to the latest version of product when its Initial Term ends. You authorize Knowledge to Practice to automatically charge your credit card account upon the expiration of the Initial Term at the upgrade price in effect at the time (plus applicable taxes), without any additional action by you. Discounts and promotions applied to the purchase of your Initial Term or advertised by Knowledge to Practice at the time of upgrade are not applicable to automatic upgrade purchases.
You agree that you will be subject to this automatic upgrade feature unless you cancel auto-upgrade by notifying K2P (via email to [email protected]) up until the day before the end of a subscription. When cancelling an automatic upgrade of a subscription, please provide the email address for your account and the product name for which you would like to cancel. Learner will be billed based on the method of the prior order. If Learner used a credit card for payment, Learner authorizes us to apply the upgrade subscription fee to their credit card automatically and without prior authorization. The Auto-Upgrade program and these terms and conditions may be modified or terminated by us at any time.
SECTION 7 - Termination
Either Learner or K2P may terminate its free subscriptions immediately without cause. Learner’s paid subscription will end at the end of its then current subscription period unless Learner provides notice not to renew as per the Auto-Renewal section above.
SECTION 8 - Learner Information
Learner’s own all right, title and interest in and to the Learner’s personal information including name and email address and all interactive responses and/or data uploaded by Learners to the Service (“Learner Information”) . We acknowledge that we neither own nor acquire any additional rights in the Learner Information other than the rights expressly granted by this Terms of Use. Learner grants to us a perpetual, worldwide, non-exclusive, royalty-free right and license to: (i) use the Learner Information to provide, maintain, support or update the Services, conduct internal testing and provide any continued product development contemplated under this Agreement; (ii) as required by law and as permitted by the Data Request Policy or expressly permitted in writing by Learner; and (iii) collect data with respect to Learner’s use of the Service and disclose, use and provide data without limitation for analytics, forecasting, trends and patterns, development of products and services and other business purposes, in an aggregated and anonymous manner without obligation of any kind to Learner, which shall be consider our property (“Learner Data”).
SECTION 9 - Learner Information Privacy
To provide the Services, we collect Learner Information including the Learner’s name, email address and IP address. We do not collect Personally Identifiable Information as defined in the NIST Guide to Protecting the Confidentiality of Personally Identifiable Information (SP 800-122) or Protected Health Information as defined in the Health Portability and Accountability Act of 1996, as amended, and the Health Information Technology for Economic and Clinical Health Act.
We agree to (ii) store all Learner Information in accordance with commercially reasonable standards at a third party cloud hosting provider; and (iii) ensure that data storage complies in all material respects with all relevant laws, regulations and standards, including but not limited to state laws and applicable regulatory and professional standards and if applicable, European Union rules. See our Privacy Policy for more information
SECTION 10 - Data Retention
During the term of a Learner Subscription, we will maintain Learner Information within the Services. Following termination or expiration of a Learner’s Subscription, we will have no obligation to maintain or provide any Learner Information and may thereafter, unless legally prohibited, delete all Learner Information in our systems or otherwise in our possession or under our control as per our Data Retention Policy as published and updated periodically.
SECTION 11 - Intellectual Property
K2P or its suppliers and partners own all rights, title and interest in the Service including the technology platform, content, marks, Learner Data, the trademark KNOWLEDGE TO PRACTICE and other marks owned by K2P, trade dress, and look and feel of the Service (“K2P IP”). Learner does not acquire any rights other than what is expressly granted in this Agreement to the K2P IP.
SECTION 12 - Feedback
We encourage Users and Learners to send us feedback, suggestions, comments, or respond to questions posed to the Learner in public forums (“Input”) on or about the Services. Users and Learners grant us an unlimited, irrevocable, perpetual, sub-licensable, transferable, royalty-free license to use any Input for any purpose including publishing Input anonymously or incorporating it into the Service and that the Input will be our sole and exclusive property and Learner waives all claims to same. K2P may edit or remove Input published in the Service that is inconsistent with the Service, are objectionable in nature, or violates any party’s rights.
SECTION 13 - Confidential Information
All information within the Service and the Services look, feel, design and functionality are proprietary and/or confidential to us (“Confidential Information”). You agree not to disclose this Confidential Information to anyone, (b) to use the Confidential Information strictly for the performance of this Terms of Use, and (c) to use all reasonable endeavors to protect the confidentiality of our Confidential Information.
SECTION 14 - Disclaimer
The Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the Service is at Learner’s own risk. The Service are provided 'as is' and 'as available' and we disclaim any representations or warranties of any kind or nature. K2P does not warrant or represent that the Service (a) will be accurate, complete or reliable or that any errors in the Service will be corrected; or (b) that the quality of the Service will meet Learner’s expectations or has fitness for a particular purpose. We may provide through our website or Services materials or links from third-parties, we is not warrant nor take responsibility for any third-party materials or websites.
To the extent there are errors, inaccuracies or omissions in the Service (“Errors”), we shall use our best efforts to correct Errors, but we have no obligation to do so. No specified update or refresh date applied in the Service, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - Limitations of Liability
IN NO EVENT WILL K2P OR ITS AFFILIATES OR LICENSORS BE LIABLE TO LEARNER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE OR OTHER ECONOMIC LOSSES, INCURRED BY LEARNER OR ANY THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY INJURY OR ANY LOSS ARISING FROM THE SERVICE, USE OF THE SERVICE INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR THE UNAUTHORIZED ACCESS TO ANY SYSTEMS, RECORDS OR DATA.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY TO LEARNER FOR ACTUAL DIRECT DAMAGES UNDER THIS TERMS OF SERVICE EXCEED THE AMOUNT RECEIVED BY K2P AS A RESULT OF YOUR USE OF THE SERVICE IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID K2P ANY AMOUNTS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, K2P’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SECTION 16 - Governing Law
The Agreement, and any disputes arising out of or related hereto, will be governed exclusively by the laws of the State of Maryland, without regard to conflicts of laws rules. The courts located in the County of Montgomery in the State of Maryland will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Agreement or its formation, interpretation or enforcement. Each Party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Agreement. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees. Notwithstanding the above, either Party shall have the right to commence and prosecute any legal action before a court in Maryland to obtain injunctive or other relief against the other Party if such action is necessary.
SECTION 17 - Assignment
We may assign its rights or obligations under this Agreement without Learner written consent.
SECTION 18 - Waivers or Delays
We will not be liable by reason nor will we be in breach of this Terms of Service as a result of any failure or delay in the performance of its obligations on account of events beyond our reasonable control.
SECTION 19 - Contact Information
Questions about the Terms of Service should be sent to us at [email protected]
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates. You shall have the right to opt-out of any marketing emails we send to you by clicking the "Unsubscribe" link at the bottom of any email you receive from us.
SECTION 2 - CONSENT
How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, or arrange for a delivery, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at [email protected]
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - STRIPE
Our store is hosted on Stripe Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Stripe’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Payment: If you choose a direct payment gateway to complete your purchase, then Stripe stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Stripe’s Terms of Service or Privacy Statement.
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. Links When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Google analytics: Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Cookies are small text files that are stored in a computer’s web browser memory. They help website providers with things like understanding how people use a website, remembering a User’s login details, and storing website preferences. This page explains how we use cookies and other similar technologies to help us ensure that our Services function properly, prevent fraud and other harm, and analyze and improve the Services in accordance with Stripe’s Privacy Policy. Any capitalized term used and not otherwise defined below has the meaning assigned to it in the Privacy Policy. 1. How We Use Cookies. Cookies play an important role in helping us provide personal, effective and safe Services. We use cookies on our website. We change the cookies periodically as we improve or add to our Services, but we generally use cookies for the following purposes: a. To Operate Our Services. Some cookies are essential to the operation of our website and Services. We use those cookies in a number of different ways, including: · Authentication. We use cookies to remember Your login state so You don’t have to login as You navigate through our site and Your dashboard. For example, when You log into Your Stripe dashboard account, we use a cookie so that You don’t have to login again as You navigate throughout the website. · Fraud Prevention and Detection. Cookies and similar technologies that we deploy through websites and the Services help us learn things about computers and web browsers used to access the Services. This information helps us monitor for and detect potentially harmful or illegal use of our Services. · Site Features and Services. We use cookies to remember how You prefer to use our Services so that You don’t have to reconfigure Your settings each time You log into Your account. For example, You can customize your Stripe checkout experience by using the “Remember Me” feature to store Your payment details for faster checkout with participating merchants. A cookie helps us associate Your device with the payment details You provide when You sign up for the “Remember Me” feature. b. To Analyze and Improve Our Services. Cookies help us understand how to make our website and Services work better for You. Cookies tell us how people reach our website and our Users’ websites and they give us insights into improvements or enhancements we need to make to our website and Services. c. For Better Advertising. Cookies can help us provide more effective advertising on our website. For example, we might use a cookie to help prevent You from seeing the same advertisement multiple times or to measure how many times an advertisement is viewed or clicked on. 2. How We Use Other Technologies a. Pixel tags. Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of Users (such as email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates. b. Third Party Analytics. We use Google Analytics, which uses cookies and similar technologies, to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices on the Google website. Please refer to the table below for more on how we use third party analytics. c. Flash Cookies. We may use Adobe Flash and other technologies to, among other things, collect and store information about Your use of the Services. If You want to block or control flash cookies, You can adjust Your settings. 3. How To Manage Cookies Your web browser may allow You to change Your cookie preferences, including to delete and disable Stripe cookies. Please consult the help section of Your web browser or follow the links below to understand Your options, but please note that if You choose to disable the cookies, some features of our website or Services may not operate as intended. ·
Chrome: https://support.google.com/chrome/answer/95647?hl=en
Explorer: https://support.microsoft.com/en-us/products/windows?os=windows-10
Safari: https://support.apple.com/kb/PH21411
Firefox: https://support.mozilla.org/products/firefox/cookies
Opera: http://www.opera.com/help/tutorials/security/cookies
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 9 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our team at [email protected]