CertLink Terms of Service
- Acceptance of Terms of Service. This platform (Platform) is an online assessment delivery and administrative management platform that utilizes an adaptive process to support physicians and health care professionals in ongoing learning. These Terms of Service (Terms of Service) govern your access to and use of the Platform. By accessing or using the Platform in any manner, you acknowledge and agree that you have fully reviewed and understand these Terms of Service and that you accept the Terms of Service as a legally binding commitment governing your access to and use of the Platform.
- Restrictions. The Platform is only intended for use by users who are of the legally appropriate age and who are accessing the Platform from within the United States. We offer no assurances that the Platform is legally compliant outside of the United States. Individuals accessing the Platform outside the United States are acting on their own initiative and are responsible for individual compliance with applicable international law.
- Content of Platform.
- Intellectual Property. The Platform and all its features, functionality, and text—including, but not limited to, all audio files, branding, copyrights, displays, domain names, images, information, know how, logos, software, source code, technology, trademarks, trade names, trade secrets, user interfaces, and video files (collectively referred to as Platform Content)—are protected by intellectual property and other proprietary rights. No provision of these Terms of Service grants you any right, title, or interest in or to the Platform Content.
- System-Generated Content. By accessing and using the Platform, users may cause the Platform to generate data based on their activity, or the Platform may independently generate data based on user activity.
- Third-Party Content. The Platform may include content provided by third parties or links to third-party websites or resources. All third-party content posted on or linked to the Platform is the sole responsibility of the third party that developed and owns the website, links, or resources. We do not provide any representations or warranties regarding the information provided through third parties.
- User-Generated Content. Any user-generated content that does not constitute legally protected personal data that you post to the Platform will be considered non-confidential and non-proprietary. By providing any such user-generated content on the Platform, you grant us and our affiliates and service providers the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
- Restrictions on Use. You are permitted to access and use the Platform for personal non-commercial purposes, provided that such purposes are lawful and consistent with these Terms of Service. You are prohibited from engaging in the following conduct while accessing and using the Platform:
- Copying, distributing, displaying, downloading, storing, publishing, or transmitting any Platform Content;
- Creating derivative works from, enhancing, or modifying any Platform Content;
- Selling, licensing, distributing, or otherwise allowing the Platform to benefit anyone other than yourself;
- Engaging in any malicious activity that could impair, disable, overburden, or otherwise interfere with the proper functioning of the Platform;
- “Screen scraping” the Platform;
- Reverse engineering, decompiling, or otherwise attempting to derive the source code for the Platform;
- Simulating the appearance or function of the Platform within another website;
- Mining the content of the Platform;
- Using the Platform in any manner—including the introduction of any device, routine, or software—that could damage, disable, impair, interfere with the proper functioning, or otherwise overburden the Platform, including the ability of a user to engage in real time activities on the Platform;
- Utilizing a robot, spider, or any other automatic device, process, or automated means to access the Platform for any purpose, including copying or monitoring any of the content of the Platform;
- Causing the Platform or any portions of it to be displayed on or appear to be displayed by any other website through deep linking, framing, or in-line linking;
- Using any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Service, without our prior consent;
- Introducing any denial-of-service attack, logic bombs, Trojan horses, or other material that is malicious or technologically harmful to the Platform;
- Attempting to gain access to, damage, disrupt, or otherwise interfere with the hosting of the Platform, including the server on which the Platform is hosted, any hardware supporting the Platform, and any database connected to the Platform;
- Overriding any security feature or bypassing any system controls to access the Platform; and
- Engaging in any other type of conduct that directly or indirectly violates the purpose or spirit of these restrictions of use.
- Enforcement. If you violate these Terms of Service, your access to the Platform may be terminated. Appropriate legal action may be pursued for any illegal or unauthorized use of the Platform.
- Disclaimer of Representations and Warranties. YOUR ACCESS TO AND USE OF THE PLATFORM AND ANY CONTENT ON THE PLATFORM IS AT YOUR OWN RISK. ANY CONTENT ON THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED AND WHETHER STATUTORY OR ARISING OUT OF THE COMMON LAW, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; ANY REPRESENTATION OR WARRANTY THAT THE PLATFORM OR ANY CONTENT ON THE PLATFORM IS ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; ANY REPRESENTATION OR WARRANTY THAT DEFECTS WILL BE CORRECTED; ANY REPRESENTATION OR WARRANTY THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR ANY REPRESENTATION OR WARRANTY THAT THE PLATFORM OR ITS CONTENT OTHERWISE MEETS YOUR NEEDS OR EXPECTATIONS.
- Indemnification. You agree to indemnify, hold harmless, and defend the owner of the Platform, its affiliates, subsidiaries, licensors, and service providers, and its and their respective officers, directors, employees, agents, successors, and assigns from and against any and all allegations, causes of action, charges, demands, lawsuits, losses, proceedings, or other claims initiated by third parties and all related costs, damages, expenses, fines, judgments, reasonable attorneys’ fees, or other liabilities of any nature arising out of or relating to your violation of these Terms of Service or your access to or use of the Platform, including, but not limited to, any use of the Platform Content other than as expressly authorized in these Terms of Service or your use of any information obtained from the Platform.
- Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE OWNER OF THE PLATFORM, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
- Governing Law and Jurisdiction. All matters relating to the Platform and these Terms of Service, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of Illinois regardless of any conflicts of law principles. The sole and exclusive jurisdiction for any legal proceeding arising out of or related to the Platform or these Terms of Service shall be the federal or state courts located in Cook County, Illinois. You waive any and all objections to venue in such courts or to the exercise of jurisdiction over you by such courts.
- Waiver and Severability. No waiver of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
- Amendments. These Terms of Service may be amended at any time. You will be notified of any material changes. Your continued access to and use of the Platform following the effective date of these amendments constitutes your acknowledgment of and agreement to these amendments.
- Entire Agreement. These Terms of Service and the Platform’s Privacy Policy constitute the sole and entire agreement with you regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
Version No. 1 | Effective: 05-06-2024