(Content dated 04/13/06, document revised on 03/13/08)

End User Agreement Terms and Disclaimer IMPORTANT: PLEASE READ THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, BEFORE USING THE PRESENT E-LEARNING SYSTEMS WEB SITE ("Web Site"). YOUR USE OF THE WEB SITE WILL INDICATE YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS. If this Agreement and the Privacy Policy are not acceptable to you, do not use this Web site .

Acceptance of terms
PRESENT E-LEARNING SYSTEMS (“PRESENT”) makes this Web Site, including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") and all services operated by PRESENT E-LEARNING SYSTEMS, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that PRESENT may publish from time to time (collectively, the "Terms of Use").

By accessing or using this Web Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Web Site, you agree to and are bound by the Terms of Use.

PRESENT reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

1. Limitations on Use: This Web Site is owned and operated by PRESENT E-LEARNING SYSTEMS and is for the user's personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any information, content, documents, graphics, software, products or services ("Materials") obtained from this Web site. The use of any Materials on any other web site or networked computer environment is expressly prohibited. User recognizes that unauthorized use of Web Site content may subject user to civil or criminal liability.

2. The Materials and this Web Site are the property of PRESENT E-LEARNING SYSTEMS or others or are licensed by PRESENT E-LEARNING SYSTEMS and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by PRESENT E-LEARNING SYSTEMS to protect PRESENT E-LEARNING SYSTEMS' contractual, statutory and common law rights in the Materials. Notwithstanding copyright protection of individual elements appearing on this Web site, this Web Site is protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained on this Web Site. Permission to use the copyrighted content on this Web Site for commercial purposes must be obtained through the prior written consent of PRESENT E-LEARNING SYSTEMS. PRESENT E-LEARNING SYSTEMS may withhold its consent for use of the copyrighted content for commercial purposes. PRESENT E-LEARNING SYSTEMS will strictly enforce its intellectual property rights under the copyright laws.

3. PRESENT e-Learning Systems is not a substitute for actual hands on experience under the supervision of a designated surgical or medical instructor.  The educational content contained within the PRESENT Online Educational E-Learning Systems' websites does not supersede the opinions and good medical judgment of the users. Before attempting any surgical or medical procedure described in the PRESENT e-Learning Systems, the users must be well trained and well versed in surgical technique, anatomy, peri-operative care, post-operative complications and general medicine. Licensed doctors and other healthcare providers are expected to exercise independent medical judgment to determine if and when a particular evaluation or treatment is indicated for use and is in the best interests of their patients. It should also be noted that PRESENT e-Learning Systems' websites contain user generated content. PRESENT e-Learning Systems is not responsible for the content provided by its members, which is based on their independent knowledge and opinions.

4. This Web Site is protected under United States trademark law. The trademarks, trade names, logos, service marks, product names, and company names (the "Trademarks") appearing on this Web Site are registered and unregistered Trademarks of PRESENT E-LEARNING SYSTEMS. All other trademarks, logos, service marks, product names, and company names on this Web Site are the property of their respective owners. Under no circumstances should anything appearing on this Web Site be construed as granting by implication, estoppel, or otherwise, any form of license or authorization to use, reproduce, or distribute the Trademarks displayed on this Web site. Licenses to use Trademarks appearing on this Web Site may be obtained through PRESENT E-LEARNING SYSTEMS prior written consent. PRESENT E-LEARNING SYSTEMS may withhold its consent. Misuse of Trademarks or any Materials comprising this Web Site is strictly prohibited. You agree to abide by any and all trademark and service mark notices, information, or restrictions contained on this Web Site. Any copied or downloaded content must retain all trademark and service mark notices. PRESENT E-LEARNING SYSTEMS will strictly enforce its intellectual property rights under the trademark laws.

5. The Materials published on this Web Site may include inaccuracies or typographical errors. PRESENT E-LEARNING SYSTEMS does not warrant or make any representations regarding the use or the results of the use of the Materials in this Web Site in terms of their correctness, completeness, accuracy, timeliness, reliability, or otherwise.

6. PRESENT E-LEARNING SYSTEMS makes no representations about the suitability of the materials contained on this Web Site for any purpose. THE MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY FOR TITLE, NO WARRANTY FOR NON-INFRINGEMENT, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS. PRESENT E-LEARNING SYSTEMS MAKES NO WARRANTY OR GUARANTY THAT THE MATERIALS OR FUNCTIONS CONTAINED IN ITS WEB SITE MATERIALS ARE ERROR-FREE OR THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED. PRESENT E-LEARNING SYSTEMS MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY RESULTING FROM USAGE OF THE MATERIALS OR ANY PORTION OF THIS WEB SITE, OR THROUGH ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED THROUGH THE MATERIALS OR ANY PORTION OF THIS WEB SITE. PRESENT E-LEARNING SYSTEMS MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.

7 . IN NO EVENT WILL PRESENT E-LEARNING SYSTEMS BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION ERROR, UNAUTHORIZED USE, OR UNAVAILABILITY OF THE WEB SITE), OR FROM THE MATERIALS OBTAINED THROUGH THIS WEB SITE, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEB SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF PRESENT E-LEARNING SYSTEMS HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

8. You agree to indemnify and hold PRESENT E-LEARNING SYSTEMS, its officers, directors, employees, and agents, harmless from and against any and all claims, actions, or demands, losses, liabilities, costs and expenses (including but not limited to attorneys' fees incurred by PRESENT E-LEARNING SYSTEMS in connection with your violation of third party's rights) arising from your violation of these terms of service or any third parties rights.

9. This Web Site may contain links to third-party Web sites. The links are provided solely as a convenience to you and not as an endorsement by PRESENT E-LEARNING SYSTEMS of the content on such third-party web sites. PRESENT E-LEARNING SYSTEMS does not control or guaranty the accuracy or integrity of the content located on linked third-party web sites. PRESENT E-LEARNING SYSTEMS is not responsible and assumes no liability for the information, content, or software of linked third-party web sites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party web sites. If you decide to access third-party web sites, you do so at your own risk.

10. You acknowledge that, in providing the Materials on this Web Site, PRESENT E-LEARNING SYSTEMS has relied upon your agreement to be bound by this Agreement, and the Privacy Policy. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term. This Agreement shall not be construed or deemed to create any partnership, joint venture, agency, franchise, or other form of agreement or relationship than expressly set forth herein. This Agreement and performance hereunder shall be governed by the laws of the State of Florida without regard to conflict of laws provisions, and applied to agreements entered into and completely performed in the State of Florida . Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement or Privacy Policy shall be an appropriate State or Federal Court located in Palm Beach County , State of Florida . You agree to submit to jurisdiction and venue in any State or Federal Court located in Palm Beach County , State of Florida . This Agreement and Privacy Policy constitute the entire agreement between you and PRESENT E-LEARNING SYSTEMS with respect to use of the Web Site.

11. This Agreement is only assignable by PRESENT E-LEARNING SYSTEMS.

12. This website contains user generated content contributed by our members. PRESENT e-Learning Systems provides this forum for members contributions. PRESENT e-Learning Systems assumes no responsibility for the content of that members contribute to the site. PRESENT e-Learning Systems does not warrant that it’s members are due any remuneration for content that they contribute to the site.

Refund policy

PRESENT e-Learning Systems does not offer refunds for it's products or services. Management feels that sufficient information is offered to the public on it's website for consumers to make an adequately informed buying decision. A demo and/or free of charge lectures utilizing the PRESENT Player technology is offered to all consumers, to test whether the PRESENT Player works acceptably on their computer. The PRESENT support staff will make a reasonable effort to assist all customers in working out any technical difficulties they encounter in getting the PRESENT Player to work adequately on one of their PCs. They will also make a reasonable effort to assist customers in operating the customer accessible service and account administration features of the PRESENT e-Learning Systems website. However, PRESENT e-Learning Systems acknowledges that PC configurations vary so widely that it can not and does not guarantee that all features of PRESENT e-Learning Systems will work as intended on all PCs and for all customers equally in all circumstances. Therefore, it is our policy to advise potential customers to confirm, before placing an order for PRESENT e-Learning Systems products or services, that our demos do work adequately on their chosen PC. PRESENT e-Learning Systems reserves the right to refuse to issue refunds once an order for it's products or services are placed.

Privacy Policy

This web site will respect the confidentiality of the information that is transmitted on it in accordance with the provisions of this Agreement. The Web Site uses a random identifier, which is a session number attributed to the Registered User as he enters the site. This session number is expunged of the Web Site system as Registered User leaves. Please be advised that the Registered User's visit to the Web Site leaves a retrievable trace that allows the Web Site to gather raw data on the Registered User. Such technical retrieving system is necessary in order to secure the Web Site system.

This web site uses statistic and measurement systems which compile and process information such as IP numbers and number of visited pages. This information is processed in order to establish members' profiles and trends that may lead to, for example, market studies.

By registering to Web Site services, the Registered User agrees that his/her personal information may be archived in the members database of the Web Site and be used to transmit newsletters published by the Web Site and communications such as press releases or commercial information by the Host.

 

Information We Collect

In this section of our Privacy Policy, we discuss the different types of information we may collect about you, and the ways in which we collect them.

Information We Collect from Unregistered Visitors

Visitors to each of our Web sites can access the Web site's home page and browse some areas of the site without disclosing any personally identifiable information. We do track information provided to us by your browser, including the Web site you came from (known as the "referring URL"), the type of browser you use, the time and date of access, and other information that does not personally identify you. On most of our Web sites, you must register with us to use the entire site.

Information We Collect When You Register

Customers registering for services on our Web sites are asked to provide us with identifying information, such as name, gender, contact information, and other personal information. On our registration screens, we clearly label which information is required for registration, and which information is optional and may be given at your discretion. You will also be given a choice about whether or not you want to receive newsletters and other information that we distribute from time to time. This PRESENT e-Learning Systems Web site will explain how personally identifiable information will be used and ask for your consent before collecting it.

Other Information

Discussion Boards(eTalk) : When you use a discussion board on one of our Web sites, you may post a message and your user name, which is available for all registered users to see. When you are posting publicly, any user of our Web site can see your message. You should not post any information you want or are required by law to keep private to a discussion board or other public forum on our Web sites.

Profile : On our web site, we offer an online data based profiling tool in which you supply information that is part of your professional profile. This is information that would typically be on a Curriculum Vitae or Resume. This tool stores the information that you provide on our servers. The information is accessible by other members and the public, and is designed to advertise you to the online community and allow other's to find you based on the information that you provide. We will always make it clear to you when information you provide to us through a tool will be saved.

Member Lookup : On our website, other members will be able to look you up and send you messages. If you opt not to be listed (blocked), no other members will be able to look you up.

In addition, we gather information about you that is automatically collected by our Web server, such as your IP address and domain name. We will use this information to personalize its offerings and presentations to you, facilitate your movements throughout our Web sites, provide personalized services, and to communicate with you individually.

Continuing Medical Education

When you register for a Continuing Medical Education ("CME") or a Continuing Education ("CE") activity through our web site, we collect certain personally identifiable information from you such as your name, email address and mailing address. We require that you provide the state in which you are licensed and your license number. In addition to personally identifiable information, we collect aggregated non-personally identifiable information about the activities undertaken by our users. We use the information that we collect through CME/CE activities in several ways:

(i) We are accredited by the Accreditation Council for Continuing Medical Education ("ACCME") to provide continuing medical education for physicians, through a sponsorship agreement with the Mount Sinai School of Medicine. As an ACCME accredited entity, we are required periodically to submit aggregated data about CME participants and the CME activities we certify. We are also accredited by the Council on Podiatric Medical Education (“CPME”) to provide continuing education contact hours to podiatrists. We provide personally identifiable information to these accredited CME/CE providers who certify CME/CE activities posted on our Web sites, as required by the ACCME, CPME and other accrediting bodies. These reports may include personally identifiable information about you and credits issued to you, for the purpose of maintaining records that you can request from the accredited provider for up to six (6) years;

(ii) Commercial supporters of CME/CE activities on our Web site will receive only depersonalized data about CME/CE activities that are relevant to their interests and/or the courses they support;

(iii) Our Editorial and Customer Support Staff will have internal access to files containing personally identifiable information, including evaluation forms and aggregated CME /CE participant information. These files can be accessed in order to respond to your questions or comments. Our staff may also use personally identifiable information, including registration information and evaluation data, in assessing educational needs and planning marketing activities; and we may use the information we collect as otherwise permitted in this Privacy Policy.

Use of Cookies

Cookies are a technology we use to keep track of users as they move through our Web sites. Your browser allows us to place some information on your computer's hard drive that is associated with the computer you are using. We use cookies to personalize our Web sites and to track your usage across all of our Web sites. Your Web browser can be set to allow you to control whether you will accept cookies, reject cookies, or to notify you each time a cookie is sent to you. If your browser is set to reject cookies, Web sites that are cookie-enabled will not recognize you when you return to the Web site, and some Web site functionality may be lost. The Help section of your browser will tell you how to prevent your browser from accepting cookies.

Although cookies do not normally contain personally identifiable information, if you are a registered user, we may elect to associate your registration information with cookies our Web site places on your computer's hard drive. Associating a cookie with your registration data allows us to offer increased personalization and functionality. For example, you can elect to have our Web sites "remember" your user name and password and bypass the sign-in process on each visit to the site. Without cookies, this functionality would not be possible. Some of our business partners may use cookies on our site (for example, advertisers.) We have told them that we do not want them to use cookie information to track our users' activities once they leave our Web sites. However, because of the way advertisements are served on our Web sites, we do not have total control over how advertisers use cookies on our Web site. If you believe that one of our advertisers is placing an unwanted cookie on your hard drive, please contact privacy officer ( [email protected] ) to assist us in resolving the problem.

Uses We Make of Information

In this section of our Privacy Policy, we identify the ways we may use information about you that we have collected.

Aggregate Data

We collect data about visitors to our Web sites for product development and improvement activities. We also use it for market analysis. We may provide information from our Web sites in aggregate form, with identifying information removed, to third parties. For example, we may tell a health care partner what percentage of our registered users are of a particular medical specialty or have certain credentials. Any third party that receives our data must agree not to attempt to re-identify the people it belongs to. For example, we may provide information to a potential advertiser of a product that would appeal to a diabetes patient about what percentage of our users have diabetes. Depending on our agreement with the third parties, we may or may not charge for this information.

Marketing and Advertising

We may target our advertising or marketing depending on information we have about you. For example, a user that is a healthcare professional who treats diabetes may receive advertising for new diabetes therapies (although in neither case will the advertiser have access to any individually identifiable information about you). We may also personalize our Web site based on your interests. For example, you may see different articles in different places on our Web site based on information you have shared with us, or information we have gained by observing your previous behavior, or information we may have gained from your interactions with a third party that shares information with us. We use information for our own internal marketing, research, and related purposes. Third Parties In addition to aggregate information (discussed previously), we may share some kinds of personally identifiable information with third parties as described below.

Other Companies : We have strategic relationships with other companies who offer products and services on our Web sites. When you are interacting with those companies, different rules and privacy policies may apply. We do not control the collection or use of information you provide to these companies, but we do require that those companies clearly state their policies so you can decide whether to give them any information.

Our Employees and Consultants : We contract with other companies and individuals to help us provide services. For example, we may host some of our Web sites on another company's computers, hire technical consultants to maintain our Web-based tools, or work with companies to remove repetitive information from customer lists, analyze data, provide marketing assistance, and provide customer service. In addition, if you are a healthcare professional, we may validate your licensure status and other information against available databases that list licensed health care professionals. In order to perform their jobs, these other companies may have limited access to some of the personal information we maintain about our users. We require all such companies to comply with the terms of our Privacy Policy, to limit their access to any personal information to the minimum necessary to perform their obligations, and not to use the information they may access for purposes other than fulfilling their responsibilities to us. We use our best efforts to limit the use of other companies in areas where personally identifiable information may be involved.

Promotional Offers : Sometimes we send offers to selected groups of customers on behalf of other businesses. When we do this, we do not give that business your name and address. We provide a variety of mechanisms for you to tell us you do not want to receive such promotional offers. For example, we may provide an opt-out box for members who do not wish to receive further similar emails.

Protection of Information

In this section of our Privacy Policy, we discuss the security measures we take to protect information that we have collected about you.

We have implemented technology and security policies, rules and other measures to protect the personal data that we have under our control from unauthorized access, improper use, alteration, unlawful or accidental destruction, and accidental loss. We also protect your information by requiring that all our employees and others who have access to or are associated with the processing of your data respect your confidentiality. We use security methods to determine the identity of its registered users, so that appropriate rights and restrictions can be enforced for that user. Reliable verification of user identity is called authentication. We use both passwords and usernames, as well as double opt-n verification, to authenticate users. Users are responsible for maintaining their own passwords.

Access to Information and Choices

In this section of our Privacy Policy, we tell you how to obtain and correct information we have about you, and how to choose what types of information you may share with us.

Correction of Information We Have About You

If you believe that registration information collected by our Web site(s) is in error, you may edit your personal profile any time that you like. You can directly edit most of your user profile on the Web site on which you initially registered. Information that you can not edit may only be changed by contacting Web Customer Support. Requests for deletion of your record may result in your removal from the registry, but we may keep certain demographic information about you for product improvement purposes. You may contact Web Customer Support and ask for the changes that you would like to make.

Our Employees

Our employees are required to keep customer information private, as a condition of their employment with the company. Only selected, authorized employees are permitted to access personal information. Our employees with access to personally identifiable information are required to attend a confidentiality/privacy training class, and to sign a confidentiality agreement. All employees and contractors must abide by our Privacy Policy, and those who violate that policy are subject to disciplinary action, up to and including termination of their employment and legal action.

As Pertains Specifically to PRESENT Podiatric Residency Education Online

The intent of PRESENT Podiatric Residency Education Online is to facilitate the didactic component of podiatric residency training. The service is intended to be used as an adjunct, a supplement, a foundation for actual lectures given by Residency Directors. PRESENT Podiatric Residency Education Online can be considered teaching materials or lesson plans. It should not be used in lieu of actual face-to-face live lectures or journal club discussions.

The educational content contained within the PRESENT Podiatric Residency Education Online does not supersede the opinions and good medical judgment of the Residency Directors or attending staff physicians at any institution. We strongly encourage the Residency Directors to review the material and assist their residents in interpreting the information and employing it in the treatment of patients.

We are in no way representing that PRESENT Podiatric Residency Education Online completely fulfills Council on Podiatric Medical Education Document 320 requirements for the credentialing of podiatric residency programs. It is the responsibility of the Residency Director to use PRESENT Podiatric Residency Education Online in the appropriate manner.

PRESENT Podiatric Residency Education Online is not a substitute for actual hands on experience under the supervision of a designated surgical or medical instructor. Before attempting any surgical or medical procedure described in the PRESENT Podiatric Residency Education Online, the resident must be well trained and well versed in surgical technique, anatomy, peri-operative care, post-operative complications and general medicine. The residency program and its directors determine when a resident has satisfactorily completed his/her training and is able to exercise independent medical judgment.

PRESENT Podiatric Residency Education Online can help the resident obtain the knowledge needed to pass board certification/eligibility exams. Viewing PRESENT Podiatric Residency Education Online alone will not assure a successful outcome on the board exams.