Terms and Conditions
ScholarRx USER AGREEMENT
Important Notice to ScholarRx Website Users:
By entering the ScholarRx website and using its resources, you are agreeing to be bound by the following Terms and Conditions.
If you do not wish to be bound by these Terms and Conditions, please exit the Website immediately.
Terms and Conditions of Use
This ScholarRx User Agreement ("Agreement") is a contract between you and MedIQ Learning, LLC, owner and operator of the ScholarRx Website ("ScholarRx"), and applies to your subscription to and use of products, services, and other resources available through www.ScholarRx.com (collectively the "Resources"). If you do not agree to be bound by the Terms and Conditions of this Agreement, please do not use or access the Resources, and please exit the ScholarRx Website immediately.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement before you may become a subscriber to and user of the Resources.
We may amend this Agreement at any time by posting the amended terms on our Website www.ScholarRx.com (the "Website"). 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 Resources pursuant to the Terms and Conditions of this Agreement (each one a "User" and collectively "Users"). Unless otherwise stated, "ScholarRx," "we," or "our" will each refer to MedIQ Learning, LLC, a Kentucky limited liability company.
READ THE FOLLOWING USE, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE ENTERING AND/OR USING THE SCHOLARRX WEBSITE.
License: In consideration of and subject to your payment of the appropriate subscription fee for the Resources you subscribe to, and your agreement to and compliance with the terms and conditions set forth in this Agreement, ScholarRx grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use and access the content posted at the Website (the "Licensed Materials") according to the Terms and Conditions set forth in this Agreement.
Term: The term of this Agreement and the license granted in this Agreement shall be concurrent with the term of your subscription to the Website ("Term") 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 with SP 3 or Mac OS 10.4; browsers including Safari 11+, Edge, Firefox, and Chrome; 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, and browsers such as Linux and Opera. Accessing the Licensed Materials by disabling scripting Internet options is a violation of the Terms and Conditions of this Agreement. When you are reviewing Licensed Materials at the Website, you will not be able to do any copy-paste operation on your computer. User understands and acknowledges that the disabling of these functions is a material infringement of the Terms and Conditions.
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 ScholarRx. By indicating that you accept these Terms and Conditions, 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 uses: Some of the content of the Website is configured in a manner that permits you to print it for your personal use ("Printable Content"). You may print out the Printable Content from the most current version of the Website solely for your personal educational use. No other copies may be made and/or transmitted. All print-outs of Printable Content must include the ScholarRx copyright notice, which appears on the Printable Content. ScholarRx reserves the right to withdraw permission to print content at any time in its sole and absolute discretion. Except as provided in this Agreement, you may not print any of the content appearing on the Website.
Prohibitions: Except as otherwise expressly provided in this Agreement, you are expressly prohibited from copying, downloading, printing, transmitting, 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, web sites, 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 password with any third parties or use your password for an unauthorized purpose.
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 ScholarRx are monitored for multiple log-ons. In the event that ScholarRx believes in its sole and absolute discretion that an account is being used by multiple users at the same time, ScholarRx 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, please do not disclose your account details to anyone else.
Violations: In the event that you breach any of the Terms and Conditions of this Agreement, ScholarRx may, in its sole and absolute discretion, terminate this Agreement, your access to the Website and its provision of Resources to you without refund. ScholarRx reserves the right to seek all remedies available by law and in equity for such breaches.
Trademarks: Except as otherwise indicated below, all trademarks, service marks, trade dress, logos, and other source-identifying features of the Website and the Licensed Materials (collectively "ScholarRx Marks") are the property of ScholarRx. You are prohibited from using any of the ScholarRx Marks without the prior written permission of ScholarRx.
Some trademarks belonging to third parties, such as FIRST AID,™ are used on the Website with the permission of the trademark owner. Some trademarks belonging to third parties, such as USMLE, are used pursuant to the Fair Use Doctrine for purposes of commentary, criticism, instruction, and other purposes entitled to protection under the Fair Use Doctrine. By way of example, USMLE is a trademark of the National Board of Medical Examiners, and is used here pursuant to the Fair Use Doctrine. No sponsorship or endorsement by, or affiliation with, the National Board of Medical Examiners or other trademark owners is claimed or implied by ScholarRx.
Copyright: All content on the Website, and the selection, presentation, and arrangement of content, are Copyright © 2006-2022 by MedIQ Learning, LLC. All rights are reserved by MedIQ Learning, LLC. All such copyrights are fully protected under the United States Copyright Act 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 ScholarRx.
Addendum to ScholarRx Terms of Service
for Rx Brick Exchange
Effective as of: November 9, 2022
This Addendum to the ScholarRx Terms of Service for Rx Brick Exchange (“Terms”) constitutes a binding contract between you and ScholarRx, LLC (“us,” “we,” “our,” or “ScholarRx”) governing your access to and use of our Rx Brick Exchange platform services (the “Services”). The Services include a digital learning platform for use in medical schools and elsewhere by faculty, researchers, staff, students, and other individuals (collectively referred to herein as “Users”). By using the Services, you agree to be bound by these Terms. We may assign our rights and responsibilities under these Terms to another party. You may assign your rights and responsibilities with our prior written consent, which we will not unreasonably withhold.
You agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration process, and (b) maintain and promptly update registration data to keep it true, accurate, current, and complete. If you provide or allow to remain any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to (x) suspend or terminate your account, (y) refuse you any and all current or future use of the Services and any other services provided by us (or any portion thereof), and/or (z) remove any Brick Content and/or User Content (each as defined herein) from the Services.
Adding Content to the Rx Brick Exchange Platform
Educational Materials. By submitting, posting, or displaying any materials (collectively, “Brick Content”) to the Rx Brick Exchange Platform and Bricks Create Platform, including, without limitation, a brick, brick playlist, or other content, you grant us a perpetual, worldwide, non-exclusive, fully paid, royalty-free, irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, distribute, publish, transmit, display, perform, create derivative works of, transfer, distribute and make any other use in any form or medium of such Brick Content on the Services in any and all media now known or later developed (for clarity, these rights include, without limitation, curating, transforming, and translating), all without restriction of any kind, and all with the right to sublicense others to do any of the foregoing, again with the corresponding right to further sublicense (the “License”). This License authorizes us to make your Brick Content available on the Services to the rest of the world and to let others do the same. You agree that this license further includes the right for ScholarRx to provide, promote, and, improve the Services and to make Brick Content available to other entities or individuals for broadcast, distribution, promotion, or publication of such Brick Content on other media and services, subject to our terms and conditions for such Brick Content use. Such authorization of additional uses by ScholarRx or other companies, organizations or individuals is made with no compensation paid to you with respect to the Brick Content that you submit, post, transmit or otherwise make available through the Services as your use of the Services is hereby agreed to be sufficient compensation for the grants of rights herein.
With regard to any Brick Content that you contribute to the Rx Brick Exchange via the Bricks Create tool or by any other means, you represent and warrant that you have the full legal right to post the Brick Content and that use of the Brick Content by us and all other persons and entities as permitted by this License will not (i) infringe any trademark, copyright, patent, privacy, moral or publicity rights of any person or entity; (ii) violate any law, statute, ordinance, regulation or agreement; or (iii) disclose any confidential or private information of any third party. You will indicate, using one or more designated fields or other technique for prominent association with the Brick Content, if any restrictions apply to the Brick Content due to any right of or any license from a third party. We will engage in reasonable efforts to convey such restrictions alongside the Brick Content in any editing interface, though we will have no responsibility to enforce such restrictions. If you are authoring or contributing Brick Content to the Rx Brick Exchange using Bricks Create, you may select an approved license applicable to your Brick Content at the time of publication, either via Bricks Create or our Brick Management portal.
The Rx Brick Exchange is a platform for open educational resources. Accordingly, you represent and warrant that no license terms apply to any Brick Content you contribute to the Rx Brick Exchange that are incompatible with the License granted in these Terms nor with the License you offer for the Brick Content via Rx Brick Exchange, whether at the time you publish the Brick Content or thereafter.
If you contribute any metadata—such as author name, title of work, and the like—in connection with contributing Brick Content to the Rx Brick Exchange or otherwise, you grant to ScholarRx a perpetual, worldwide, non-exclusive, fully paid, royalty-free, irrevocable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, perform, create derivative works of, transfer, distribute and make any other use in any form or medium of such metadata, all without restriction of any kind, and all with the right to sublicense others to do any of the foregoing, again with the corresponding right to further sublicense. You represent and warrant that you have the full legal right to contribute the metadata submitted through the Services, that it is accurate and complete, and that use of that metadata by us and all other persons and entities as set forth in this License will not (i) infringe any trademark, copyright, patent, privacy, moral, or publicity rights of any person or entity; (ii) violate any law, statute, ordinance, regulation, or agreement; or (iii) disclose any confidential or private information of any third party.
Indemnification. Without limiting the generality of the foregoing, you (the “Indemnifying Party”) hereby agree to protect, defend, indemnify, and hold harmless any ScholarRx parent, affiliates, officers, directors, shareholders, members, agents, customers and employees and us (each an “Indemnified Party”) from and against any and all third-party claims, demands, damages, losses or expenses, of any nature whatsoever, including court costs and reasonable attorneys' fees, (“Damages”) arising directly or indirectly from or out of (i) any breach by the Indemnifying Party of any of its representations and warranties hereunder or the Indemnifying Party’s negligence or willful misconduct, except to the extent attributable to the negligence or willful misconduct of the Indemnified Party; or (ii) the infringement of any intellectual property right of any third party resulting from or in connection with the display or use of the Indemnifying Party’s intellectual property by the Indemnified Party in a manner consistent with these Terms. Each Indemnified Party shall be a third-party beneficiary of this section, and this section shall survive the termination of these Terms. Any Indemnified Party shall give the Indemnifying Party prompt written notice of any claim; provided, however, that the failure to notify the Indemnifying Party shall not affect the indemnity obligations of the Indemnifying Party except to the extent it is prejudiced by the failure of the Indemnified Party to give such notice. The Indemnified Party shall cooperate with the Indemnifying Party in the defense of any claim.
Display of Licenses. ScholarRx endeavors to provide information about the source(s), copyright status and licensing of the materials in the Rx Brick Exchange and to identify any other terms and conditions that may apply to your use of such materials. However, ScholarRx offers no guarantee or assurance that all pertinent information is provided or that the information provided is correct in each circumstance. In all cases, it is solely your responsibility to determine what permission(s) you may need in order to use materials available from the Rx Brick Exchange Platform and to obtain all such permission(s).
User Content. Certain features of the ScholarRx Platform may allow you to contribute content that is not itself either Brick Content or metadata, for example, in the form of ratings, feedback or other content for access, use and viewing by us and/or by other users of the Rx Brick Exchange (“User Content”). When you post User Content, you represent and warrant that you have the full legal right to post the User Content and that use of the User Content by us and all other persons and entities will not (i) infringe the trademark, copyright, patent, privacy or publicity rights of any person or entity; (ii) violate any law, statute, ordinance, regulation or agreement; (iii) disclose any confidential or private information of any third party; (iv) transmit any advertising or promotional material including any “spam” or similar solicitation; or (v) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or other ScholarRx services, or that may harm ScholarRx or other Users or expose ScholarRx and Users to liability, to be determined in our sole discretion. Upon your submission of User Content, you grant us a perpetual, worldwide, non-exclusive, fully paid, royalty-free, irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, distribute, publish, transmit, display, perform, create derivative works of, transfer, distribute and make any other use in any form or medium of the User Content for the purposes of providing and promoting the Rx Brick Exchange Platform. For clarity, Brick Content and metadata are not considered User Content.
Removal and Unavailability of User Content or Educational Material. We make User Content and Brick Content (including its metadata) available at our sole discretion and may disable access to any User Content or Brick Content at any time and for any reason. By using the Rx Bricks Platform, you acknowledge and agree that we do not guarantee access to and/or hosting of User Content or Brick Content that is published through the Rx Brick Exchange. For example, if Brick Content violates these Terms, access to it may be disabled. If Rx Brick Exchange experiences any planned or unplanned outage or cessation of the Services, we will not be liable to any party for any losses of any kind.
If you believe that a user of the Rx Bricks Platform has violated your intellectual property rights—for example, by improperly using your trademarks or posting copyrighted content to the Rx Bricks Platform—please contact us. You can report infringement at firstname.lastname@example.org.
If we receive notice that User Content or Brick Content posted to or through the Rx Bricks Platform may infringe the rights of third parties, including their intellectual property rights, we reserve the right (in our sole discretion) to disclose information, including personally identifiable information, about the User posting such material to those third parties so they can contact the poster directly regarding their concerns.
DMCA. ScholarRx provides the Rx Bricks Platform as a modular digital library of open educational bricks. ScholarRx also complies with the Digital Millennium Copyright Act and has designated an agent to receive notices regarding intellectual property infringement. If you believe a user of the Rx Bricks Platform has infringed your intellectual property rights, we encourage you to contact us using the following procedure.
Notice and Procedure for Making Claims of Copyright Infringement. ScholarRx will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to DMCA, written notification of claimed copyright infringement (“Notification”) must be submitted to the following Designated Agent for this site:
Scholar Rx, LLC
c/o: Jonathan Kirsch
Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067
Email Address of Designated Agent: email@example.com
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
- Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate such allegedly infringing material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement under penalty of perjury that the information in the Notification is accurate, and that the complaining party is authorized to act on behalf of the owner whose right is allegedly infringed.
Once Proper Infringement Notification is Received by the Designated Agent. It is ScholarRx’s policy:
- to remove or disable access to the allegedly infringing content;
- to notify the User whose content has been removed or disabled; and
- that repeat offenders will have their allegedly infringing Content removed from the Rx Bricks Platform and that ScholarRx will terminate such repeat offenders’ access to the Service.
Procedure to Supply a Counter-Notice to the Designated Agent. If the User whose content has been removed or disabled believes that the content is not infringing, or the User believes that he or she has the right to post and use such content from the rights owner, the owner's agent, or pursuant to the law (including as a fair use), the User must send a counter-notice containing the following information to the Designated Agent identified herein:
- Identification of the content that has been removed or disabled, including a description of where the material in question appeared on the Rx Bricks Platform before it was removed or disabled (e.g., a precise URL);
- A statement by the User, made under penalty of perjury, that the User has a good faith belief that the content was removed or blocked as a result of a mistake or misidentification of the content in question;
- The User’s contact information, including full name, mailing address, telephone number, and email address;
- A statement by the User that the User consents to the jurisdiction of the federal court for the judicial district in which the User’s address is located or, if the User’s address is outside of the USA, for the judicial district in which ScholarRx is located, and that the User will accept service of process from the person who provided notification of the alleged infringement; and
- The User’s electronic or physical signature.
Please note that any information provided in connection with a counter-notice will be forwarded to the original complaining party, so that they may contact you directly to discuss their concerns.
If a counter-notice is received by the Designated Agent, ScholarRx will send a full and complete copy of the counter-notice to the original complaining party, along with a notice informing them that ScholarRx may replace the removed content or cease disabling it in 10 business days. Unless the rights owner files an action seeking a court order against the User, the removed content may be replaced, or access to it restored, 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that content or activity is infringing may be subject to liability for damages, including attorney's fees.
Requests sent via email will typically be processed most expeditiously.
Advertisements: The Website contains advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, ScholarRx 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. ScholarRx 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 web site, you do so at your own risk. Your use of third-party web sites is subject to the terms and conditions of use for those sites.
No warranties: ScholarRx PROVIDES THE RESOURCES AND LICENSED MATERIALS "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- ScholarRx 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 ScholarRx.
- Other than as required under applicable consumer protection law, under no circumstance will ScholarRx 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. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
- The Resources provided by ScholarRx are 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.
- The Resources provided by ScholarRx should be used only as a tool to assist the User in preparing for exams and for no other purpose. However, ScholarRx 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 ScholarRx.
- ScholarRx 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).
- ScholarRx 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 in spite of a reasonable effort.
- ScholarRx will use reasonable efforts to keep its Website online at all times. User understands, however, that scheduled maintenance and problems out of the control of ScholarRx can cause the Website to be unavailable temporarily.
Limitation of liability: ScholarRx 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, the Resources, and/or the Licensed Materials (even if ScholarRx has been advised of the possibility of such damages), including liability associated with any medical malpractice or viruses that may infect a User's computer equipment. ScholarRx's maximum liability arising out of or in connection with your use of the Resources, the Licensed Materials, and the Website, 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 required by law, ScholarRx 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 ScholarRx. Postings by a User on any public arena, such as a message board or in any chat room, will not be protected as confidential and ScholarRx 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 ScholarRx.
Linked Internet sites: ScholarRx is not responsible for the content available on any other Internet sites linked to the Website. Access to any other Internet sites linked to the Website is at the User's own risk.
Postings: ScholarRx is under no obligation to review any messages, information, or content ("Postings") posted on the Website by Users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, ScholarRx may from time to time monitor the Postings on the Website and may decline to accept and/or remove any Postings that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
- Advertisements or solicitations of any kind.
- Messages posted by Users impersonating others.
- Personal information such as messages that state phone numbers, Social Security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of ScholarRx purporting to speak on behalf of ScholarRx.
- 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.
Transmission of personal data: User acknowledges and agrees that by providing ScholarRx with any personal or proprietary User information through the Website, User consents to the transmission of such personal or proprietary User information over international borders as necessary for processing in accordance with ScholarRx standard business practices.
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. This Agreement is governed by the internal substantive laws of the State of Kentucky, United States of America, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within Louisville, Kentucky, United States of America. 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 ScholarRx at any time at info@ScholarRx.com.