CanadaQBank® USER AGREEMENT
Important Notice to Users of the CanadaQBank® Website (the "Website"):
This CanadaQBank® User Agreement is a contract between you and CanadaQBank, LLC ("CQB"), owner of the CanadaQBank® Website, and applied to your subscription to - and use of - products, services and other resources available through www.CanadaQBank.com. If you do not agree to be bound by the terms and conditions, please do not use or access the Website, and please exit the Website immediately.
Disclaimer: The Medical Council of Canada is not affiliated with CQB and does not endorse its products or services. MCC, MCCEE and MCCQE are trademarks of The Medical Council of Canada.
This CQB User Agreement is a contract between you and the owners and operators of the Website, and applied to your subscription to - and use of - products, services and other resources available through www.CanadaQBank.com. If you do not agree to be bound by the terms and conditions, please do not use or access the Website, and please exit the Website immediately.
You must read, agree with, and accept all of the terms and conditions before you may become a subscriber to and user of the Website.
We may amend this Agreement at any time by posting the amended terms on our Website www.CanadaQBank.com. Except as stated below, all amended terms shall be effective immediately upon posting on our Website.
In this Agreement, "you" or "your" will refer to any person or entity subscribing to and/or using the Website (each one a "User" and collectively "Users"). Unless otherwise stated, "CQB," "we" or "our" will each refer to CQB, a business name used by its owners and operators.
READ THE FOLLOWING TERMS, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE ENTERING AND/OR USING THE CQB WEBSITE.
License: In consideration of and subject to your payment of the appropriate subscription fee for subscribing to the Website, and your agreement to, and compliance with, these terms and conditions set forth in this Agreement, CQB grants to you a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable license to use and access the content posted at the Website (the "Licensed Material") according to the terms and conditions. This license is only for your use of the Website and the Licensed Material from your account. Other persons are not permitted to use your account to access the Licensed Material.
Term: The term of this Agreement (the "Term") and the license granted in this Agreement shall be concurrent with the term of your subscription to the Website and may be terminated earlier than the expiration of your subscription as provided below.
Access: You may access the Website during the Term from multiple places, locations and computers, but you are not allowed to access the Licensed Materials from more than one place, location or computer at the same time.
System-Browser Requirements: This site is optimized for computer systems with a minimum of Windows XP/ME/Vista/System 7 or Mac OS 10.4+, 256 MB RAM, Internet Explorer 8.0 or Firefox 1.0 or Safari 5.0, a monitor with a minimum resolution of 1024 x 768 pixels, and a broadband internet connection. Older computer systems may see slower performance. We currently do not support other computers, operating systems, or browsers, such as Linux and Opera.
When you are reviewing course material at the Website, you will not be able to do any copy-paste operation on your computer. The User understands and acknowledges that the disabling of these functions is a material portion of the terms and conditions.
Access to Course Content: You shall be allowed to use the Licensed Materials for the specific course(s) to which you have subscribed. Each course has its own subscription fees and duration. You are not allowed to access the content of courses that you have not subscribed to. Subscribing to one course (like the QBank for the MCCEE) does not mean that you will have access to all materials (like the MCCQE Part 1 QBank).
Refunds: CQB will refund your full subscription if a written request is made to CQB within the first three (3) days of a subscription. Except as otherwise provided in this Agreement or in the sole discretion of CQB, no refunds, cancellations or changes to subscriptions will be allowed.
Extended Subscription: If you do not pass the MCCEE or MCCQE Part 1 while using the corresponding CQB product, you may be eligible for an extension of your CQB subscription for up to three months. To be eligible for the extension, you must: (1) have had an active, paid subscription on CQB within 14 days of your MCCEE or MCCQE Part 1 test date; (2) provide us a copy of the failing score and the first scheduling permit; and (3) provide us a copy of the second scheduling permit for your next MCCEE or MCCQE Part 1 examination. Once we verify this information, you will receive a one month extension for each month that you had subscribed to CQB, not to exceed three months. The extension will be applied to your existing subscription and will not constitute a new subscription. Limit one extension per paid subscription. This offer is not available if you did not complete the MCCEE or MCCQE Part 1.
Member Account/Password and Security: You must complete CQB's registration process in order to subscribe to and use the Website by providing us with current, complete and accurate information as prompted by the applicable registration form. You must also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify CQB immediately of any unauthorized use of your account or any other breach of security. CQB will not be liable for any loss that you may incur as a result of someone other than you using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CQB or another party due to someone other than you using your account or password.
Ownership: Except as otherwise provided below, the Licensed Materials, including all intellectual property rights in the Licensed Materials, such as copyright and trademark, are the sole and exclusive property of CQB. By indicating that you accept the terms and conditions of this Agreement, you do not acquire any ownership interests of any kind in the Licensed Materials, but you are entitled to use them according to the terms of this Agreement.
Subscription Term: The license granted to you under this Agreement includes the right to use and access the Licensed Materials for the course(s) you have subscribed to for the subscription period of the applicable course(s). At the end of this period, your right to use and access the Licensed Materials will expire automatically, unless you renew your subscription under the then current version of this Agreement. This Agreement and your license to use the Licensed Materials are also subject to termination by CQB, at its sole and absolute discretion, if you fail to comply with any of the terms or conditions of this Agreement.
Prohibitions: You are expressly prohibited from copying, downloading, printing out, transmitting, distributing, broadcasting, disseminating, reverse engineering and/or modifying any or all of the Licensed Materials. No part of the Licensed Materials may be copied for resale or other commercial use, or offered for sale or reproduced on any bulletin boards, websites, discussion forums, internet domains, or online chat rooms. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted at the Website. You may not disclose or share your account or password with any third parties or use your password for an unauthorized purpose.
General security: You are not to (or attempt to) modify, alter, disable or hack the Website. You are not to send viruses to the Website or use the Website as a means to send viruses to others. You are not to take control of, damage or disable the servers of this Website. You are not to falsify or conceal any personal identifiers, electronic or otherwise, in the use of this Website.
Restriction against transfer: You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials. All accounts at CQB are monitored for multiple log-ons. In the event that CQB believes in its sole and absolute discretion that an account is being used by multiple users from the same account at the same time, CQB reserves the right to terminate that account without any notice or refund. We also retain the right to sue on grounds of breach of contract, copyright infringement, and other available legal claims. Therefore, do not disclose your account details to anyone.
Violations: In the event that you breach any of the terms and conditions of this Agreement, CQB may, in its sole and absolute discretion, terminate this Agreement, your access to the Website and its provision of resources to you without refund, and CQB reserves the right to seek all remedies available by law and in equity for such breaches.
Trademarks: Except as otherwise indicated, all trademarks, service marks, trade dress, logos and other source-identifying features of the Website and the Licensed Materials are the property of CQB. You are prohibited from using any of the CQB features without the prior written permission of CQB. No sponsorship or endorsement by, or affiliation with, the Medical Council of Canada or other trademark owners is claimed or implied by CQB. Trademarks appearing on this Website or in the Licensed Materials that are not owned by CQB, and can only be used with the prior written permission of the owners of these trademarks.
Copyright: All content on the Website, and the selection, presentation and arrangement of content, are Copyright © 2008 - 2014 by CQB. All rights are reserved by CQB. All such copyrights are fully protected under Canadian, US and international copyright law. Except as provided in this Agreement, for so long as this Agreement remains in effect the content on the Website may not be used for any purpose whatsoever without the prior written authorization of CQB.
Advertisements: The Website may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, CQB does not endorse any product or service or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Website.
Links: The Website may contain links to third party websites. If so, these links are provided solely as a convenience to you. CQB is not responsible for the content of any linked third party sites, and does not make any representations regarding the content or accuracy of any content or materials on such third party websites. If you access any linked third party website, you do so at your own risk. Your use of third party websites is subject to the terms and conditions of use for those sites.
No warranties: CQB provides the Website and Licensed Materials 'as is' and without any warranty, representation or condition, express, implied or statutory, including any representations as to the merchantability of the services offered and the implied warranties of merchantability, fitness for a particular purpose and non infringement.
No endorsement: CQB does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, information, or other statements made through the Website by any party other than CQB.
Accuracy: Other than as required under applicable consumer protection law, under no circumstance will CQB be liable for any loss or damage caused by a User's reliance on content obtained through the Website, including but not limited to opinions, advice, information, or other content. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Website as CQB does not provide any warranties or representations as to the accuracy or timeliness of the Website content. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
No medical advice: The Website provided by CQB is no substitute for individual patient assessment based upon the healthcare provider's examination of each patient and consideration of laboratory data and other factors unique to the patient. CQB is not providing medical advice of any kind through the services it offers on this Website.
No representations: The Website provided by CQB should be used only as a tool to assist the User in preparing for exams and for no other purpose. However, CQB makes no representations or warranties of any kind whatsoever regarding the outcome of any exams that the User is preparing to take or may take after using the resources provided by CQB.
Termination of access: CQB reserves the right to terminate the operation of all or any portion of the Website at its sole and absolute discretion and, if so, to limit or withdraw the User's subscription. If this ever becomes necessary, Users will pay only for the time of their subscription that has elapsed (on a pro- rata basis).
No guarantees: CQB will use reasonable efforts to rectify any errors that occur on the Website, but does not guarantee access to the Website in case of software errors, viruses or other natural or technical catastrophes that cannot be repaired.
Uptime: CQB will attempt to keep its Website online at all times. The User understands, however, that scheduled maintenance and problems out of the control of CQB can cause the Website to be unavailable temporarily.
Limitation of liability: CQB specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any indirect, incidental, consequential, or special damages arising out of, or in any way connected with, access to or use of the Website, this Agreement, or the Licensed Materials (even if CQB has been advised of the possibility of such damages), including liability associated with any medical malpractice, data corruption, or viruses that may infect a User's computer equipment. CQB's maximum liability arising out of or in connection with your use of the resources on the Website, the Licensed Materials or the Website itself, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed your subscription fee.
Confidentiality of User communications: Except as stated herein and as required by law, CQB will use its reasonable best efforts to maintain the confidentiality of all User communications that contain personal User information and that are transmitted directly to CQB.
Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled.
Forum: When using the forum you agree not to post any defamatory, threatening, obscene, racist, derogatory, dishonest or malicious statements. Postings by you on any public arena, such as a message board or in any chat room or forum, will not be protected as confidential and CQB may use and disclose information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) for any purpose deemed appropriate by CQB. You hereby irrevocably waive all moral rights you may hold in any content posted by you on any message board, or anywhere else, on the Website, for the benefit of CQB in perpetuity.
Jurisdiction: This Agreement to use the Website is based on the terms and conditions of this Agreement and is deemed to be formed in the Province of Ontario. If you access the site from outside Canada you are responsible for complying with applicable local laws. This Agreement shall be interpreted with, and governed by, the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to any applicable conflict of laws principles. Each party agrees to submit to the jurisdiction of the courts of the Province of Ontario.
Indemnity: You agree to indemnify and hold harmless CQB (and its owners) from and against any and all loss, injury, damage, loss of business or profit, claims, demands or harm that arises as a result of your breach of the terms and conditions, your reliance on content obtained from the Website, or your accessing of the Website.
Severability: If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Should you have any questions regarding this Agreement, you may contact CQB at any time at subscribe@CanadaQBank.com.