Important notice to Users of NAC OSCE and Clinical Skills Preparation Course websites available at nacoscecourse.com or hosted on Thinkific.com (the Websites)
This User Agreement is a contract between you and Vahid Nilforushan, the operator of the Websites (including the NAC OSCE and Clinical Skills Preparation Course website and all courses under its name available at nacoscecourse.com or hosted on Thinkific.com as well as other related websites and the downloadable/offline version of the course), and applied to your subscription for use of products, services and other resources available through the Websites and the downloadable/offline version of the online course. If you do not agree to be bound by the terms and conditions, please do not use or access the Websites, and exit the Websites 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 Websites.
He may amend this Agreement at any time by linking to the amended terms on the homepage of his NAC OSCE and Clinical Skills Preparation Course. Except as stated below, all amended terms shall be effective immediately upon posting on his Websites.
In this Agreement, “you” or “your” will refer to any person or entity subscribing to and/or using the Websites (each one a “User” and collectively “Users”). Unless otherwise stated, “Vahid Nilforushan,” “he” or “his” or “him” will each refer to Vahid Nilforushan.
READ THE FOLLOWING TERMS, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE ENTERING AND/OR USING THE NAC OSCE and Clinical Skills Preparation Course website.
Copyright: All materials published on the Websites (including, but not limited to articles, blog entries, comments, text, photographs, images, illustrations, product descriptions, audio, video, software, trademarks, logos and other materials found on the Sites (collectively, the “Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by him or the party credited as the provider of such Content, software or other materials.
License: In consideration of and subject to your payment of the appropriate subscription fee for subscribing to the Websites, and your agreement to, and compliance with, these terms and conditions set forth in this Agreement, he grants to you a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable license to use and access the content posted at the Websites (the “Licensed Material”) according to the terms and conditions. The license for using his paid courses are limited to three months to one year depending on the course purchased. Duration of each course is announced on the website of each course. The license is only for your personal and non-commercial use of the Websites, Software and the Licensed Material from your account. Other persons are not permitted to use your account to access the Licensed Materials. You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials.
Restrictions on Access: You may access the Websites 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. All accounts at NAC OSCE and Clinical Skills Preparation Course hosted on Thinkific.com are monitored to detect shared accounts. In the event that he believes in its sole and absolute discretion that an account is being used by multiple users from the same account or if He determines the account is being used by different countries, ISPs, or geographic regions, or notes multiple simultaneous logins, or is being used in different locations across distances that a human being could not be reasonably able to travel within the time frames the account was used (e.g. for instance, use in different continents within a span of a few minutes) He 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.
Damages: The User also acknowledges that He has put or will put in place mechanisms to trace the content of each material, and downloaded video or audio lecture to each individual use and in the case of a breach will use this information to trace the information breach to the User. If the User is found to by any means, to have publicly shared, whether advertently or inadvertently, his confidential information including but not limited to its course notes, course materials, lectures, videos, or quizzes, or practice exam questions, the User will be held liable by him for all damages and costs including but not limited to (A) the cost to develop, edit, and post the material (B) a fee equivalent to the current subscription cost for each downloaded item and (C) all legal costs and (D) fees for lost productivity.
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 physical exam for the NAC OSCE) does not mean that you will have access to all materials.
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 him, at its sole and absolute discretion, if you fail to comply with any of the terms or conditions of this Agreement.
System-Browser Requirements and conditions: The Websites are compatible with most desktop and mobile operating systems and web browsers. However, he does not guarantee the functionality of Websites on your computer or cellphone, nor does he guarantee predictable behavior of the Websites in general. You recognize all of the above terms and accept that you use the Websites at your own risk. You are advised to test your device by using his free course named “A beginner’s course for the NAC OSCE exam preparation” before subscribing to the paid Websites.
Refunds: No refunds, cancellations, or changes to subscriptions will be allowed except at the sole discretion of Vahid Nilforushan.
Extended Subscription: If you had an active subscription for the course that is expired, you may request for access to the offline version of the course by paying the monthly cost after the first month (waiving the cost of the first month) by providing some proof for your involvement in preparation for the NAC OSCE, MCCQE2 or other clinical skills exam. Please note that not all requests will be approved.
Member Account/Password and Security: You must complete the required registration process in order to subscribe to and use the Websites by providing us with current, complete and accurate information as prompted by the applicable registration form. You must also choose a password. 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 him immediately of any unauthorized use of your account or any other breach of security. He 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 him 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 him with the exception of materials residing in external domains. 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.
Permitted and non-permitted uses: You are permitted to use the course content while you have an active subscription. You are expressly prohibited from copying, downloading, printing out, screen capturing, transmitting, distributing, broadcasting, disseminating, reverse engineering and/or modifying the videos or other course contents. No part of any 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, online chat rooms, file sharing sites, or distributed file sharing mechanisms such as bit-torrent. Copying or storing of any Content for any purpose is expressly prohibited without the prior written permission from him, or the copyright holder identified in the individual Content’s attribution. For purposes of clarification, but not limitation, including any Content (in whole or in part) on any website or file sharing mechanism accessible to any other person is not permitted.
Except as may otherwise permitted in this agreement, you may not reproduce, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Sites or the Service in whole or in part.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted at the Websites. You may not disclose or share your account or password with any third parties or use your password for an unauthorized purpose.
Termination upon breach: In the event that you breach any term of this agreement, he may, at his sole discretion, terminate this agreement, your access to the site, and its provision of services to you without refund. He reserves the right to seek all remedies available by law and in equity for such breaches. Further, he may report any ethical or legal violations to regulatory bodies.
Confidentiality of User Communications: Except as required by law, he will maintain the confidentiality of all User communications, which contain personal information and which are transmitted directly to him. Your postings on any public arena, such as a message board or in any chat room, will not be protected as confidential, and he 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 him.
Postings: He is under no obligation to review any messages, information, or content (“Postings”) posted on the site by users, and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, he may from time to time monitor the postings on the site and may decline to accept and/or remove any postings that contain, or terminate access to the Websites of Users that post messages that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including, but not limited to any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law
- Questions labelled by the User, as old exam questions
- Questions suspected by him to be old exam questions
- Advertisements or solicitations of any kind
- Messages posted by users impersonating others
- Personal information such as messages which state phone numbers, social security numbers, social insurance numbers, medical record numbers, health identifiers, account numbers, addresses, or employer references
- Messages by non-spokesperson employees of him purporting to speak on behalf of him
- Messages that offer unauthorized download of any copyrighted or private information. Multiple messages placed within individual folders by the same user restating the same point
- Chain letters of any kind
Postings: You are not to (or attempt to) modify, alter, disable or hack the Websites. You are not to send viruses to the Websites or use the Websites as a means to send viruses to others. You are not to take control of, damage or disable the servers of this Websites. You are not to falsify or conceal any personal identifiers, electronic or otherwise, in the use of this Websites. You may not reverse engineer
Trademarks: “Get the edge in the NAC OSCE exam preparation” is mark of Vahid Nilforushan and you are prohibited from using that without the prior written permission of him. No sponsorship or endorsement by, or affiliation with, the Medical Council of Canada or other trademark owners is claimed or implied by him. Trademarks appearing on this Websites or in the Licensed Materials that are not owned by him, and can only be used with the prior written permission of the owners of these trademarks.
Copyright: All content on the Websites, and the selection, presentation and arrangement of content, are Copyright © 2017-2019 by Vahid Nilforushan. All rights are reserved by Vahid Nilforushan. 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 Websites may not be used for any purpose whatsoever without the prior written authorization of Vahid Nilforushan.
Confidentiality and Non-Compete: Vahid Nilforushan has invested considerable resources into his courses. As a User you warrant that you are not an agent or employee of any other preparation course. As a condition of your subscription, you agree to keep his intellectual property, questions, methods, cases, employees, technologies, techniques, and plans, confidential and to not start a competing course or service offering course notes or to aid another person, persons, or entity starting or offering a competing course, or online course notes or to engage in activities competitive to him.
Advertisements: The Websites may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, he 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 Websites.
Links: The Websites may contain links to third party websites. If so, these links are provided solely as a convenience to you. Vahid Nilforushan 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.
Linked internet sites: If you are linking to this site you must notify him unless you link to his courses’ home page. No deep-linking is permitted. No use of his trademarks or metatags is permitted in linking to this Websites or otherwise, without his permission.
No warranties: He provides the Websites 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. He reserves the right to withdraw subscriptions and the complete site if necessary. If this ever becomes necessary, you will only pay for the time of your subscription that has elapsed (on a pro-rata basis). He will use reasonable efforts to rectify any error that occurs on the Websites but does not guarantee access to the site in case of software errors/viruses/other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort.
No endorsement: He does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, information, or other statements made through the Websites by any party other than him.
Accuracy: Other than as required under applicable consumer protection law, under no circumstance will He be liable for any loss or damage caused by a User’s reliance on content obtained through the Websites, 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 Websites as he does not provide any warranties or representations as to the accuracy or timeliness of the Websites content. Please seek the advice of other professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
No medical advice: The Websites provided by him is no substitute for individual patient assessment and consideration of laboratory data and other factors unique to the patient. He is not providing medical advice of any kind through the services it offers on this Websites.
No representations: The Websites provided by him should be used only as a tool to assist the User in preparing for exams and for no other purpose. However, he 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 him.
Termination of access: He reserves the right to terminate the operation of all or any portion of the Websites 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).
Limitation of liability: He 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 Websites, this Agreement, or the Licensed Materials (even if he 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. His maximum liability arising out of or in connection with your use of the resources on the Websites, the Licensed Materials or the Websites itself, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed your subscription fee.
Transmission of personal data: The User acknowledges and agrees that by providing him with any personal information through the Websites, the User consents to the transmission of such personal information over international borders as necessary for processing in accordance with his standard business practices, and that such personal information may be stored and processed on servers located outside of Canada and subject to the laws of foreign jurisdictions whose laws may be less protective than Canada’s laws.
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 discussion area or 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 he 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 him. 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 Websites, for the benefit of him in perpetuity.
Jurisdiction: This Agreement to use the Websites is based on the terms and conditions of this Agreement and is deemed to be formed in the Province of British Columbia. 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 British Columbia 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 British Columbia.
Indemnity: You agree to indemnify and hold harmless Vahid Nilforushan 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 Websites, or your accessing of the Websites.
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 Vahid Nilforushan at any time at firstname.lastname@example.org