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BELEN SOFTWARE SYSTEMS, INC. GENERAL TERMS OF USE
These terms and conditions apply to and govern your use of this website (the “Site”) hosted by Belen Software Systems, Inc. d/b/a “Med Board Challenge”
(referred to in these terms of use, along with any of its successors or assigns, as “Belen Software,” the “Company,” “we,” “our,” and “us”).
Please read our terms of use carefully before you use our services. Your use of the site means that you accept and are legally bound by the following
terms and conditions (our “Terms of Use”) and our Privacy Statement. If you do not wish to accept our Terms or Use/ and or our Privacy Statement,
you must not submit anything to this Site and you must leave this Site immediately.
ACCOUNT ACCESS
You agree that you will not misuse or abuse any account access and passwords used to access the Site. You agree that you will not disclose your password to anyone else, and that you will take all reasonable precautions to protect its secrecy.
SUSPENSION AND TERMINATION OF ACCOUNTS
If we believe that you have used this Site in a manner that is inconsistent with these Terms of Use, or that you have violated our rights or the rights of another
user, or any applicable law or regulation, we may immediately suspend or terminate your access to this Site or to specific services offered on this Site,
without prior notice and at our sole discretion. We reserve the right to terminate your use of the Site if we learn that you have provided false or misleading
registration information. We reserve the right, at our sole discretion, to immediately, and without notice,
suspend or terminate
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(a) these Terms of Use; and/or
- (b) your use of the Site without ability by you to access the
Site upon any breach by you of these Terms of Use or any use of the Site in a manner inconsistent with the Terms of Use.
Further, we reserve the right to terminate your access to and/or use of the Site and remove and discard any content at any time for any reason,
including without limitation any failure to comply with any part of this Agreement.
We reserve the right, in our sole discretion, to change or
discontinue the Site and any content at any time, without notice.
You agree that any termination of your access to or use of the Site and any
discontinuation by us in providing the Site may be effected without notice to you and that we shall be under no obligation to retain any of your
content, provide any further access to any content or return any content to you.
You agree that we shall not be liable to you or any third party
for any such termination or for any interruption or discontinuation of the Site.
You acknowledge that violations of these terms of use could make you subject to criminal or civil penalties.
RESTRICTIONS
You agree not to use this Site or any content contained in it for any illegal or inappropriate activities. In particular, you agree that you will not:
- Use the Site or any content to plan or carry out any illegal activity.
- Use the Site to store, retrieve, transmit or view any content that:
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(i) contains any illegal material;
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(ii) is harassing, libelous, derogatory, defamatory, abusive, disparaging, threatening, invasive of another's privacy, depicts graphic or gratuitous violence, hateful, harmful, pornographic, obscene or is otherwise tortious or offensive or objectionable, as determined by the Company in its sole discretion.
- (iii) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violates any applicable laws; or
- (iv) contains any viruses, worms, Trojan horses or other malicious code.
- Use the Site or any content in any manner that violates the intellectual property rights of others, including by copying, publishing, displaying, sharing or distributing any software, music, videos, images, books, or other kinds of works that are protected by copyrights, without the express consent of the copyright holder.
- Use the Site for any communication or activity that breaches any duty of confidentiality that you owe to anyone.
- Use the Site to transmit or promulgate any bulk e-mails or spam (whether commercial or non-commercial in nature), chain letters, pyramid schemes, or make any other high volume use that may disrupt the Site or the networks through which you access and use the Site.
- Access or attempt to access any user account for which you have no access authorization, or duplicate, modify, distribute or display any of the data from any such account.
- Impersonate any other person or entity, whether actual or fictitious, including anyone from the Site or the Company. You alone are responsible for the content and consequences of any of your activities.
The actions described above will constitute grounds for blocking your access to the Site and its services, removal of posted material and non-fulfillment of your order (or any part of your order) without prior notice to you and in the sole discretion of the Company.
PRIVACY
We respect and make efforts to protect the privacy of all users of this Site. Our current Privacy Policy http://www.medboardchallenge.com/Privacy_Policy.aspx is a part of these Terms of Use.
It is important to remember that comments submitted to a Site or forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
FEEDBACK; OWNERSHIP OF IDEAS AND MATERIALS SHARED ON SITE
We welcome all comments and feedback ("feedback") that you may wish to submit to us through or in conjunction with this Site. Please note that your feedback will be considered non-confidential and we will be free to use your feedback on an unrestricted basis. By submitting your feedback to us, you agree to give us a perpetual, irrevocable, royalty-free, and worldwide license, under all copyrights and any other intellectual property rights in or underlying your feedback, to use your feedback in any manner that we see fit.
In addition, you agree that any and all conceptions, ideas, innovations, inventions, processes, improvements, enhancements, modifications, technological developments, know-how, methods, techniques, systems, designs, artwork, drawings, use of the Site’s specifications, works of authorship, and products, whether or not patentable, copyrightable, or susceptible to any other form of legal protection (collectively “Ideas”) which you share with the Company or on or in conjunction with this Site (whether in any “chat session” or forum of any kind, or otherwise), shall be the sole and exclusive property of, and all title thereto shall vest in, the Company. You further agree that the Company shall own any and all rights in and to the Ideas, whether or not patentable, copyrightable, or susceptible to any other form of legal protection. You hereby assign and agree to assign, to the Company or its nominee, all right, title, and interest in and to the Ideas, in the United States and in all foreign countries. You agree and acknowledge that the rights conveyed and/or afforded to the Company hereunder are in consideration for allowing you to use the Site consistent with the Terms of Use, and that you shall not receive, nor be entitled to receive, any additional consideration.
You also acknowledge that the Company is engaged in the business of developing new products and related ideas, and otherwise is continuously working to improve its services, products, packaging and processes which may have writing, graphics, drawings, visual design, ideas, functions, features, or other aspects that are similar or identical to the Ideas. Other persons, including the Company’s own employees or contractors, may already have submitted to the Company or to others, or may in the future originate and submit, ideas and/or materials which are similar or identical to the Ideas.
You agree that accepting these Terms of Use shall be deemed your signature for all purposes of this agreement, and that the terms hereof shall apply to any and all of your shared Ideas or other submissions during any use of the Site, including but not limited to any participation in any chat session, message board, or other forum.
TRADEMARKS
Certain trade names, trademarks, service marks, or other designations of origin (collectively, “marks”) appear on this Site. You may not use any of the Company’s marks that appear on this Site unless you first have received our prior written permission. You may not use any third party mark that appears on this Site unless you have received prior written permission from the third party who is authorized to give such permission. You may not use any metatags or any other “hidden text” utilizing “Med Board Challenge,” “medboardchallenge.com,” or any other name, trademark, service mark, or trade name of the Company without our prior written permission.
OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
Our Site is owned and operated by us. Except for materials made available by Site users, all materials appearing on this Site, including the text, Site design and underlying computer code, data, graphics, logos, marks, icons, and images, as well as the selection, assembly and arrangement thereof (collectively our “content”) and the software, hardware or other technology used to operate or underlying this Site, and all patent, trade secret, know-how, copyright, trademark, or service mark rights therein, are the property of the Company, or our respective licensors or content providers (including, but not limited to, Wolters Kluwer and Lippincott, Williams & Wilkins). The Company’s content is, and user-generated content may be, protected by U.S. and international copyright and other intellectual property laws. You may view, download, print and retain a single copy of individual pages of this Site for your own personal use only, provided that you keep intact all copyright and other proprietary notices. If you wish to request permission to reprint, reproduce or distribute any of the content of the Site, you must contact the Company. You shall not use the Site and/or services to transmit, route, provide connections to, or store any material that infringes copyrighted works or in any way violates or promotes the violation of the intellectual property rights of the Company or any third party.
All rights not expressly granted in these Terms of Use are reserved to us, the Company or our respective licensors or content providers.
USER CONTENT
The Site may allow you to make your own content available to others through the Site (“user content”). We do not guarantee that we will accept, retain or continue to make available any user content, and we reserve the right in our sole discretion to remove any user content from the Site without notice to you. You are solely responsible for all of the content you upload, share or copy using this Site and any consequences therefrom. You must have the legal right to display any user content that you upload or share to this Site.
By submitting your user content to us, you grant us an irrevocable, fully paid-up, royalty-free, worldwide, and perpetual license to make your user content available to others, and you represent and warrant that your user content does not violate any duty of confidentiality, or infringe any copyrights, trademark rights, or any other proprietary rights of any third party, and is not defamatory or illegal, and that you have secured all necessary permission to lawfully display, perform and/or use (and, as applicable, allow others to use) said content and material.
The Company assumes no responsibility for monitoring the Site for inappropriate content or conduct. If at any time the Company chooses, in its sole discretion, to monitor the Site, however, the Company assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. Under no circumstances will the Company, its subsidiaries, parent, or affiliates, and/or any of their respective directors, officers, employees or other representatives, be liable in any way for any loss, use or misuse of user content, whether on this Site or otherwise, including without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed or transmitted via the Site.
You affirm, represent, and/or warrant that:
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(i) you own or have all necessary licenses, rights, consents, and permissions to use, and authorize the Company to use, all patent, trademark, trade secret,
copyright, moral rights, or other proprietary rights in and to any and all such content to enable inclusion and use of the content in the manner contemplated
by the Site and these Terms of Use; and
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(ii) you have the written consent, release, and/or permission of each and every identifiable person in the
content to use the name or likeness of each and every such identifiable person to enable inclusion and use of the content in the manner contemplated by
the Site and these Terms of Use.
You agree that if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on this Site on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you.
WHAT TO DO IF YOU BELIEVE THAT ANY CONTENT ON THIS SITE INFRINGES YOUR INTELLECTUAL PROPERTY RIGHTS
The Company will endeavor to respond expeditiously to all claims of copyright infringement that are reported to the Company. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to the Company by providing the Company with the following information:
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(a) Describe the copyrighted work that you believe has been infringed;
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(b) Identify the material on the Site that the Company powers that you believe infringes your work, with enough detail so that we may locate it;
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(c) Provide your contact information, including: full name, address, telephone number, and email address;
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(d) Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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(e) Declare under penalty of perjury that:
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(i) the information you have provided to us is accurate, and
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(ii) You are the owner of the copyright interest involved or you are authorized to act on behalf of that owner;
and
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(f) Provide your physical or electronic signature.
Upon receiving your notice, the Company may remove the content that you believe infringes your copyright. In addition, the Company may terminate the Use of the Site of the member who appears to be infringing your intellectual property rights. Please remember it is not the Company’s responsibility to monitor such activity.
All claims of copyright infringement on or regarding this Site should be delivered to the Company at the following addresses:
Belen Software Systems, Inc. Compliance
PO Box 16287
High Point, NC 27265
Our Contact Form
DIGITAL MILLENNIUM COPYRIGHT ACT
Under the terms of the Digital Millennium Copyright Act of 1998 (“DMCA”), the Company has adopted a procedure as described here to manage any claimed copyright violations involving materials made available on the Site. Only the copyright owner or someone specifically authorized to act on behalf of the copyright owner may submit a DMCA notice under the DMCA. If you are the copyright owner or so authorized to act on the owner’s behalf, you may submit a DMCA Takedown Notice, as set forth above, with respect to any material that you believe has been posted on this website without your consent.
Regardless of whether our users may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. In the event that materials are taken down as the result of a valid DMCA takedown notice, the original poster of the material may submit a counter notice and a request that the material be re-posted. A valid counter notice under the DMCA will contain the following information:
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(a) A physical or electronic signature of the subscriber;
- (b) An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and
- (c) A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- (d) The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Upon any re-posting of the information, the person submitting the initial take down notice may notify us that relief has been sought in the form of a court action seeking an order restraining the infringing activity at which time the information will be taken down pending a decision by that court.
All notices should be submitted in electronic form to:
Belen Software Systems, Inc. Compliance
PO Box 16287
High Point, NC 27265
Our Contact Form
DISCLAIMERS
THE FOLLOWING DISCLAIMER APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THIS SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY DOES NOT PROMISE THAT THIS SITE OR ANY OTHER SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF THIS SITE OR ANY OTHER CONTENT, SEARCH FEATURE OR LINK ON IT WILL PROVIDE ANY SPECIFIC RESULTS. EXCEPT AS EXPRESSLY STATED HEREIN, WE DISCLAIM ALL REPRESENTATIONS, GUARANTIES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO (I) ANY COMPANY OR BELEN SOFTWARE CONTENT, (II) ANY USER CONTENT, OR (III) ANY SERVICES OFFERED THROUGH THIS SITE; INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR VIRUS-FREE.
Some jurisdictions do not allow the exclusion of implied warranties. So the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY
THE FOLLOWING EXCLUSIONS AND LIMITATION OF LIABILITY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE COMPANY, ITS SUBSIDIARIES, PARENT, AND AFFILIATES, AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANY LOSS, USE OR MISUSE OF YOUR CONTENT OR ANY DATA, NOR SHALL THEY BE LIABLE FOR ANY LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, OR ANY OTHER DAMAGES RELATING IN ANY MANNER TO THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, COMPANY AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH COMPANY OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY COMPANY "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND COMPANY OR ITS LICENSOR OR SUPPLIER.
Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
APPLICABLE LAW AND ARBITRATION
You agree that any legal action brought by you or the Company in connection with these Terms of Use, the use of this Site, or any transactions relating to this Site, shall solely and exclusively be governed by and resolved under the laws of the State of North Carolina, U.S.A., without applying any law that would result in the application of a different body of law.
You agree that any dispute arising out of or relating in any way to your use of this Site or the Services requires that such claim be resolved exclusively by binding arbitration. The arbitration shall be conducted by a single arbitrator in Greensboro, North Carolina, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"). No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Subject to these Terms of Use, the arbitrator shall be authorized to award either party any remedy permitted by applicable law.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN US, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
Should this arbitration agreement be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Greensboro, Guilford County, North Carolina, and you and the Company agree to submit to the personal and exclusive jurisdiction and venue of such courts, and you waive any objections that you might otherwise have thereto.
Notwithstanding anything herein expressly or impliedly to the contrary, we reserve the right to seek injunctive relief and enforce judgments in any court of competent jurisdiction, wherever located. We make no representations that the content in this Site is appropriate for access outside the U.S.A. If you are a resident of any country outside the United States, you understand and agree that we store and process your information on computers located in the United States, and that by providing any information to the Company, you acknowledge and consent to the transfer of such information to the United States. Those who choose to access this Site from outside the U.S.A. do so on their own initiative and are responsible for compliance with local laws, and you hereby agree to comply with all applicable laws regarding the transmission of technical data exported from the U.S.A. and the country in which you reside. If any provision within these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
WAIVER AND SEVERABILITY OF TERMS
The Company’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision or of any other rights or provisions in this Agreement. If a court of competent jurisdiction should find that one or more rights or provisions set forth in this Agreement are invalid, you agree that the remainder of this Agreement shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or in connection with this Agreement which you assert must be commenced within one (1) year after such claim or cause of action arose or be forever barred.
SECTION TITLES
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
INDEMNIFICATION
You agree to indemnify and hold harmless the Company, its shareholders, affiliates, officers, directors, agents, employees, successors and assigns, from and against any and all claims, demands, liabilities, losses, costs, expenses (including reasonable attorneys' and consultants’ fees and court costs), causes of action, or judgments directly or indirectly made by any third party due to or arising out of (i) your use of the Site or any of the content thereon, (ii) your violation of any of these Terms of Use, or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any claim that any content submitted by you caused damage to a third party. The obligations set forth herein shall survive these Terms of Use and your use of the Site.
ENTIRE AGREEMENT
These Terms of Use, together with our Privacy Statement, which is hereby incorporated into and made part of these Terms of Use, sets forth the sole, final and entire agreement and understanding of you and us relating to the subject matter contained herein and merges all prior discussions and agreements between you and us.
HOW TO CONTACT US
If you have any comments or questions please contact us using our contact form or write us at
Belen Software Systems, Inc.
PO Box 16287
High Point, NC 27265
CHANGES TO THESE TERMS OF USE
We reserve the right to change, modify, add or remove portions of these Terms of Use at any time, but will alert you that changes have been made by indicating on these Terms of Use the date they were last updated. When you visit this Site, you are accepting the current version of these Terms of Use as posted on this Site at that time. We recommend that users re-visit these Terms of Use on occasion to learn of any changes.
We reserve the right at any time to:
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(a) Change these Terms of Use. Your continued use of the Site following any such change will signify your acceptance of such change;
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(b) Change the Site, including eliminating or discontinuing any Content or feature of the Services; and/or
- (c) Modify the Site with or without notice to you and without liability to you or any third party.
Latest revision: June 12, 2012
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