Last Updated: January, 2016
Welcome to the Challenger Corporation, (together with its subsidiaries and affiliates, "Challenger" or "we" or "us"). By visiting chall.com, challengercme.com, or any subsidiary URLs (the "Site"), and continuing to use the Site after any modifications, you agree to the terms and to be bound by any such changes (this “Agreement”). You acknowledge that the terms of this Agreement may change from time to time and that all such changes are expressly incorporated herein. You further agree to be bound by this Agreement and any subsequent amendments hereto. If you do not agree to be bound by the terms of this Agreement, please do not use or access the services.
Challenger is a commercial educational service provider for medical students, residents, graduates, and practicing clinicians who are preparing for professional testing, certification, or compliance events. Challenger is in no way affiliated with the National Board of Medical Examiners (NBME®), Federation of State Medical Boards (FSMB), or any other official Emergency Medicine, Family Medicine, Internal Medicine, Obstetrics and Gynecology, Pediatric, Pediatric Emergency Medicine, Nurse Practitioner, Physician Assistant Examination, or Medical School organizations.
License: Challenger has produced an electronic publication utilizing software (the "Software") either developed directly by Challenger or licensed from third parties ("Third Parties") by Challenger and deployed via the Challenger Learning Portal (the “Portal”) to search, retrieve, and display the information contained in the publication. Such Third Parties include, but are not limited to Microsoft, Inc., Google, Inc., and Amazon.com, Inc. In exchange for your use of the Portal, you (“User”), agrees as follows:
- During the term of this Agreement, Challenger grants User a personal, nontransferable, and limited license to use the Portal, including the right to use the accompanying Software in order to access and use the information contained in the Publication ("Database"), as well as the user documentation and any alternate presentation, including but not limited to Apps and offline deployments.
- This License is effective from the date access to the Portal is received by the User and shall remain in force for as long as the User continues to use the Portal, unless terminated as provided below.
- In order to keep the Portal current, User agrees to pay a fee for the Portal in the amount specified by Challenger.
- Authorized Use of Program. (a) Individual (Single User) Version. If the User is an individual who has purchased single-user access to the Portal, then the User shall have the right to use the Portal which he has actually purchased on any devices permitting access to the Site. (b) Institutional Version. If the User is an institution or represents an institution which has purchased a multiple-user or multiple-site access to the Portal, then the User shall have the right to use the Portal on any devices permitting access to the Site. The Portal will create as many User profiles as the User has licensed and paid for.
- Use Restrictions. Except with prior written permission of Challenger, User may not: (a) Copy the Software, except to load it into a computer and to make a single backup copy; (b) Distribute copies of the Portal, Database, or Software or accompanying documentation or alternate presentations to any other person; (c) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Portal, Database, or Software or accompanying documentation or alternate presentations; (d) Copy, download, save, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, save, store, disseminate or use, in any form or by any means, any part of the data contained within the Database; (e) Transfer, resell, or grant any other rights of any kind to any individual copy of the Portal, Database, or Software or accompanying documentation or alternate presentations, to any other person; (f) Remove any proprietary notices, labels or marks on Portal, Database, or Software or accompanying documentation or alternate presentations. Notwithstanding, the User may print out one copy of limited portions of the Database on an ad hoc basis for the User's personal use and not for sale, redistribution, or publication. User shall take reasonable measures to maintain the security of the Portal, Database, or Software or accompanying documentation or alternate presentations, and shall not allow any other parties, including employees of User, to have access to the Portal, Database, or Software or accompanying documentation or alternate presentations.
- Proprietary Rights. User acknowledges and agrees that the Portal is the exclusive property of Challenger and the Portal, Database, or Software or accompanying documentation or alternate presentations (including the backup copy made by the User) are licensed to the User only for the term of this Agreement and strictly under the terms hereof. The Portal contains publications ofChallenger and its licensors that are protected by copyright and the Portal contains copy-written and confidential trade secret information that is the property of Challenger and others. Except for the limited rights given to User herein, all rights in the Portal are reserved by Challenger.
- Updates, Enhancements, and Technical Support. Challenger has the right to revise or update the Portal, but revisions or updates, as well as technical support for the Portal, will be provided to User only if a complete and current registration is on file and User has paid all applicable fees.
- If User should fail to perform in the manner required in this Agreement, or if User should breach any of the representations, warranties or covenants set forth herein, Challenger may terminate this Agreement or exercise any other rights it may have. Upon termination, Challenger may require that the User destroy all materials and all copies, and that it so certify in writing to Challenger. All provisions of this Agreement with regard to the protection of the proprietary rights of Challenger, the disclaimer of warranties and limitations of liability shall continue in force after such termination.
Copyrights: All content, applications, digital downloads, data compilations on the Site and all text, photographs, graphics, video and audio included in them ("Site Materials") are the property of or licensed to Challenger. The Site contains material that is protected by copyright, trademark, or other intellectual property rights, and the Site itself is protected as a collective work under the copyright laws of the United States and other countries. Except for User Content (defined under User Content section below) that you own, and except as otherwise provided herein, you may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Site Materials.
Trademarks: The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Challenger and of Challenger’s licensors and collaborators. You may not use the Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us. You may not frame the content of the Site without express, written consent by Challenger. You may not use metatags or any other "hidden text" that incorporates the Challenger Trademarks or our name without our express written consent.
Materials Provided to Challenger or Posted on any Challenger Web Site: Challenger does not claim ownership of the materials you provide to Challenger (including feedback and suggestions) or post, upload, input, or submit to any Challenger Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Challenger, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Challenger is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Challenger's sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
Reporting to Copyright Agent: If you are a copyright owner or agent thereof and believe that any of the Site Materials infringe upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) to our Copyright Agent with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."; and (VI) include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Our Copyright Agent can be reached by mail as follows:
Attn: Copyright Agent
5100 Poplar Ave. Ste. 400
Memphis, TN 38137
Term: You or your organization have obtained the right to use and access the licensed materials for the course(s) you have subscribed to for the subscription period of that course(s). At the end of this period, your right to use, access, and claim completion certificates for the licensed materials will expire automatically unless you renew your subscription under the current terms and conditions. The subscription will start immediately after the activation. Subscription(s) cannot be suspended temporarily or reactivated later. You must use the subscribed material within the subscription period, and no free extensions are offered for any unused period. Renewals are offered as a continuation to current subscription term. Renewals are not offered for later use after expiration of current subscription. You must renew the subscription prior to expiration and use it continuously. Renewals allow you to work for an extended period on the existing test information. Expired subscriptions may be purged after expiration. This Agreement and your license to use the licensed materials will also terminate, at Challenger’s sole discretion, if you fail to comply with any term or condition in this Agreement.
Your Credit Card Information: Most of the information collected in the registration process will be used to process orders. During the order process, you will have to provide financial information such as your credit/debit card number, expiration date, CVV2 code, payee name, and billing address. This information is used for billing purposes and to fulfill your order. To properly process your credit/debit card information, we must share your personal and financial information with the merchant bank for authorization and approval. We do not share your personal and financial information with any third parties, except those specified in this policy.
When you attempt a transaction on the Site, the card processor verifies available funds by placing a hold, or pending charge, on the amount of the intended transaction against your card. The card processor then confirms the accuracy of your remaining information (e.g., your address, CVV2 Code, expiration date, etc.) before processing the transaction. If you enter an incorrect address or other associated detail, then the transaction is declined. This is NOT a situation unique with this Site, but it is how virtually all online transactions are handled. Typically it takes the card issuing bank 2-5 days to clear associated pending charges resulting from failed/declined attempts.
Member Account/Password and Security: You must complete Challenger’s registration process in order to subscribe to and use the services by providing us with current, complete, and accurate information as prompted by the applicable registration form. You or the organization registering on your behalf will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Challenger immediately of any unauthorized use of your account or any other breach of security. Challenger will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You agree to indemnify Challenger in the event of any unauthorized third party use of the Portal that results from your acts or omissions. Additionally, you hereby indemnify Challenger in the event damages occur as a result of someone else using your account or password.
Linked Sites: The Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Challenger, and Challenger is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Challenger is not responsible for webcasting or any other form of transmission received from any Linked Site. Challenger is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Challenger of the site or any association with its operators. We do not endorse and are not responsible for the availability or content of other services that may be linked to our Site.
Personal Use Only/Restriction Against Transfer: This Site is for your personal use only. Commercial use of the Site or of any Site content is prohibited. You agree not to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the licensed materials. In the event that Challenger believes in its sole discretion that an account is being used by multiple users at the same time without authorization, Challenger reserves the right to terminate that account without any notice or refund. We also reserve the right to sue for breach of contract.
No Unlawful or Prohibited Use: As a condition of your use of the Site, you covenant to Challenger that you will not use the Site for any purpose that is unlawful or prohibited by the terms of this Agreement. You agree that you shall not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You agree not to obtain or to attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
Adults: The Site is intended for the use of adults.
Information We Collect: When you visit the Site, we may send one or more cookies–a small file containing a string of characters–to your computer that uniquely identifies your browser. Cookies make it easier for you to log on to and use the Site during future visits.
Our servers may automatically record information when you visit our Site. These servers' logs may include information such as your web request and Internet Protocol address.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site.
We collect information that you voluntarily provide to us, including personally identifying information such as your name, postal address, e-mail address, educational background, educational goals and interests, and credit card information ("Personal Data").
There is also information about your computer hardware and software that is automatically collected. This information may include: your IP address, browser type, domain names, access times, and referring Web site addresses.
Use of Your Information: By using this Site, you agree that we may use your Personal Data in the following ways:
- for the purpose you provided Personal Data, for example to enroll you in one of our courses, to process your order of one of our products, or to respond to a specific inquiry;
- to enhance your experience of other Challenger products and services;
- to administer, support, improve, and develop our business;
- to provide general statistics regarding use of the Site;
- to send you information about Challenger products or services and information that we believe will be of interest to you;
- to contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered;
- to allow you access to the Site to post your content or to communicate with others; and
- as otherwise described to you at the point of collection.
Disclosure of Your Information: We do not share your information with third parties for their marketing purposes. We may disclose your information in response to legal process, to protect our rights, as otherwise required by law, or for the prevention or detection of a crime. If we sell our company or part of it, or our business enters into a joint venture with another business entity, we may disclose some of your information to our new business partners or owners who may then provide you with information about their products and services. We may also share some of your data with service providers or business partners who help us to run the Site, provide analysis, or to fulfill requests. We may share your data with our affiliates and subsidiaries. If your account was established as part of a group installation, such as but not limited to a training program or corporate purchase, all account information, including utilization and performance results but excluding credit card information, will be shared with any individuals designated by the group.
If you directly disclose personally identifiable information or personally sensitive data through Challenger’s public message boards, this information may be collected and used by others and you hereby waive any objection to their use thereof.
Challenger encourages you to review the privacy statements of Web sites you choose to link to from Challenger so that you can understand how those Web sites collect, use, and share your information. Challenger is not responsible for the privacy statements or other content on Web sites outside of the Site.
Updating Your Profile: If you are a registered member of the Site, you may review and update your personal data by logging into your account and clicking on your name. If you have any questions about our treatment of your data, or if you wish to update your personal data, you can call us at 1-800-701-3041 or submit a support request.
Your Ability To Choose: You can let us know if you do not want us to send you information by taking the following steps:
- To stop further delivery of informational emails, click the opt-out link at the bottom of these messages;
- To let us know about your other communication preferences, either call 1-800-701-3041 or submit a support request. Please identify all the email addresses, postal address information, and phone numbers that you may have submitted to us, so we can ensure that we respect your wishes.
This option is available where the purchase was not made as part of a group installation.
Transfer of Data Outside of Your Home Country: Your information will be held in the United States. Your information may also be stored, processed and accessed in other countries where Challenger has facilities. By using the Site, you consent to the transfer of your information outside your country, including to the United States.
Disclaimers; Limitations on Liability: User recognizes that the Portal is to be used only as a reference aid. It is not intended to be a substitute for the exercise of professional judgment by the User. Medicine is an ever-changing science. In view of the possibility of human error or changes in medical science, Users are advised to confirm the information in the Portal through independent sources. With respect to drug dosages, Users should confirm through independent sources that changes have not been made in the recommended dosages or in the contraindications for administration, particularly in connection with new or infrequently used drugs. Users should also consult their own laboratories for normal values.
Your use of the Site is at your own risk. All information on the Sites is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, any warranty of non-infringement or any implied warranty of merchantability, or fitness for a particular purpose or any warranty that the Site will be uninterrupted or error free. In no event shall Challenger be liable to you for any damages (including indirect, incidental, consequential, or punitive damages) arising out of your use of, or inability to use, the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
It is your sole responsibility to understand the operation and configuration of your device with respect to operating systems, software applications, and Web browsers. Portal issues that result from ISP customizations of your computer’s operating system, Web browsers, and user environment can only be resolved by the ISP, and it is your responsibility to contact the ISP and request a resolution. You must use a Challenger recommended version of an operating system, Internet browser, and any other required software to access the licensed materials. Use of the Portal, Database, or Software or accompanying documentation or alternate presentations in any version other than those recommended may result in unexpected behavior, for which Challenger cannot be held responsible or liable for damages.
The Portal, Database, or Software, or accompanying documentation or alternate presentations have been tested with a wide range of computer configurations; however, due to the rapidly evolving computer industry and unpredictability of various factors affecting computer systems, Challenger does not guarantee the functionality of its software on every configuration, nor does Challenger guarantee predictable behavior of the software in general. You recognize all of the above terms and accept that use of the Challenger software on your system is done solely at your own risk.
No refunds or cancellation will be honored due to your inability to install and/or use the provided software on any mobile device (regardless of whether or not the device meets the minimum system requirements).
An internet connection is required while the software is in use, and a Wi-Fi internet connection with an unlimited data plan is highly recommended (both unlimited upload and unlimited download). Use of a fixed data plan, limited data plan, and/or any other pay-per-use data plan for internet connection is not recommended. If you use a fixed, limited, or pay-per-use data plan, you will be solely responsible for any data charges incurred. You agree that Challenger will not be held liable for any data charges, overage fees, or any other miscellaneous fees or costs that result, directly or indirectly, from use of the software on your devices, including in the event of software malfunction.
You agrees to indemnify and hold Challenger and all of its officers, directors, employees, consultants, agents, and anyone providing information for the Database as well as other providers of software incorporated in the Software, harmless from any third-party.
Assignment and Sublicensing: Challenger may assign this Agreement, in whole or in part, in our sole discretion. You may not assign or sublicense your rights under this Agreement without the prior written permission of Challenger. Any attempt by you to assign or sublicense your rights under this Agreement without Challenger's permission shall be void. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
Choice of Law, Forum and Attorney’s Fees: (a) This Agreement shall be governed by the laws of Tennessee. Any action related to the purchase or use of the Portal by or for any User must be brought solely before a court of competent jurisdiction in Shelby County, Tennessee. (b) In the event of such a dispute, the prevailing party shall pay all reasonable costs, including court costs and attorneys' fees, incurred by the non-prevailing party in the enforcement of the provisions of this Agreement. (c) User is responsible for all sales, use or similar taxes. (d) Use, duplication or disclosure by the U.S. Government is subject to restrictions stated in FAR 252.227-7013. No action, regardless of form, arising out of this Agreement may be brought by you more than one year after the cause of action has occurred.
Waiver of Jury Trial: The parties hereby irrevocably waive any and all right to trial by jury in any legal proceedings arising from or relating to these Terms and Conditions.
Severability: If any provision of this Agreement is ruled unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable.
Violations: In the event that you breach any term of this Agreement, Challenger may, at its sole discretion, terminate this Agreement, your access to the Site, and its provision of services to you without refund. Challenger reserves the right to seek all remedies available by law and in equity for such breaches.
Termination/Suspension/Access Restriction: Challenger reserves the right, in its sole discretion, to terminate or suspend your access to the Site and the related services or any portion thereof at any time, without notice.
No Employment Relationship: You agree that no joint venture, partnership, employment, or agency relationship exists between you and Challenger as a result of this Agreement or use of the Site. Challenger’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Challenger's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Challenger with respect to such use.
Integration: Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and Challenger with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Challenger with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All comments, queries and requests relating to our policies and/or use of your information are welcomed and should be addressed as follows:
5100 Poplar Ave. Ste. 400
Memphis, TN 38137
By phone: 800-701-3041
By fax: 901-767-7019
Online: Support Request