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TERMS OF SERVICE

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 info@k2p.com) 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 info@k2p.com) 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 info@k2p.com.

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TERMS OF SERVICE

PRIVACY POLICY