TERMS OF SERVICE:

Last updated: January 11, 2016

Terms of Use

Welcome to SketchyMedical, a comprehensive online medical microbiology course. Your access to and use of this site (http://www.SketchyMedical.com) is subject to the following terms and conditions of use (“Terms of Use”) and all applicable laws. Please read these terms carefully as they constitute a legally binding contract. These Terms of Use apply exclusively to your access to, and use of, this website and associated services and do not alter in any way the terms or conditions of any other agreements you may have with SketchyMedical, operated by Sketchy Group, LLC, (hereafter “SketchyMedical”). These Terms of Use may be changed by SketchyMedical at any time in its sole discretion by posting the changes made to these Terms of Use, as revised, on this website. The posted change will take effect within thirty (30) days of publication of changes, unless you expressly accept the revised Terms of Use earlier. You agree that the express acceptance by you, or your continued use of the SketchyMedical website after the posted changes, shall constitute your acceptance of the Terms of Use. Notwithstanding the foregoing, changes to these terms will not affect the cost of your service plan, if any, during an active term.

Use of the SketchyMedical Service
1.1 If you do not agree to these Terms of Use, our Privacy Policy, or any other policy governing your access to or use of this website you should immediately terminate your access to or use of the site. If you have any questions regarding these terms or your access to or use of this website, please contact info@sketchymedical.com.

1.2 Subject to your compliance with these terms, and your payment of any applicable service fees, we grant you a limited, nonexclusive, non-transferable, revocable right to use the SketchyMedical Service (the “Service”). You agree not to use the Service in any way contrary to these terms, or to the state or federal laws of the United States, including, but not limited, the unauthorized practice of medicine. You hereby expressly agree not to repost or repurpose content from the Service for commercial purposes or to assist in the circumvention of payments by other users or potential users of the Service. SketchyMedical reserves the right to restrict access to the Service, and/or terminate existing access, based on geographic location and/or violations of the provisions herein.

1.3 SketchyMedical is a microbiology review course that was designed to assist students and medical enthusiasts. The course takes the plethora of microorganisms, infectious diseases, and random facts you need to memorize for the USMLE Step 1, and weaves them into easy to remember characters and stories. The SketchyMedical course is NOT intended to be a standalone study aid and was not prepared as a substitute for other methods of preparation, taking notes, or paying attention in class. The information required to pass a particular class, or the USMLE Step 1 may change from time to time and SketchyMedical may, or may not, update or supplement the information on this site, in its sole discretion. It is your obligation to take the appropriate steps for success – we hope that this Service becomes a part of that process but SketchyMedical is not a shortcut to the hard work required in this field, merely a tool.

Privacy
We respect the privacy of our visitors and encourage you to read our Privacy Policy (http://sketchymedical.com/privacy-policy/) so that you may make an informed decision about using our website.

Copyright
Unless otherwise indicated, all website materials, including, without limitation, text, the SketchyMedical name and logo, and all designs, text graphics, images, videos, and other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of SketchyMedical or its licensors. You may not electronically copy and print to hard copy portions of this website for any purpose of using materials including informational and non-commercial use. Reproduction, modification, distribution, republication, display or performance – without the prior written permission of SketchyMedical – is strictly prohibited.

Trademarks and Infringement
SketchyGroup, SketchyMedical, www.SketchyMedical.com, the SketchyMedical logo, and any proprietary product or service names contained on this website are either trademarks or registered trademarks of SketchyMedical or its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SketchyMedical. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of SketchyMedical, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SketchyMedical. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

If you believe that any material on this website infringes upon any copyright or trademark that you own or control, or that any link on this website directs users to another website that contains material that infringes upon any intellectual property which you own or control, you may file a notification of such infringement with our legal counsel:

Wolk & Levine, LLP
550 N. Brand Blvd., Ste. 625
Glendale, CA 91203
Attn: Zachary Levine, Esq.
zjl@wolklevine.com

Please provide the following with your notice:

a) Identify the material on the site that you claim is infringing, with enough detail so that we may locate it on the website;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

SketchyMedical will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Disclaimer

THIS WEBSITE AND THE MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SKETCHYMEDICAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SKETCHYMEDICAL DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT SKETCHYMEDICAL OR SERVICES PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SKETCHYMEDICAL DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SKETCHYMEDICAL COURSE IS NOT INTENDED TO BE A STANDALONE STUDY AID AND WAS NOT PREPARED AS A SUBSTITUTE FOR OTHER METHODS OF PREPARATION, TAKING NOTES, OR PAYING ATTENTION IN CLASS. THE INFORMATION REQUIRED TO PASS A PARTICULAR CLASS, OR THE USMLE STEP 1 MAY CHANGE FROM TIME TO TIME AND SKETCHYMEDICAL MAY, OR MAY NOT, UPDATE OR SUPPLEMENT THE INFORMATION ON THIS SITE, IN ITS SOLE DISCRETION. IT IS YOUR OBLIGATION TO TAKE THE APPROPRIATE STEPS FOR SUCCESS – WE HOPE THAT THIS SERVICE BECOMES A PART OF THAT PROCESS BUT SKETCHYMEDICAL IS NOT A SHORTCUT TO THE HARD WORK REQUIRED IN THIS FIELD, MERELY A TOOL.

SketchyMedical reserves the right to change any and all content contained on this website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SketchyMedical.

Limitation of Liability

IN NO EVENT SHALL SKETCHYMEDICAL OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SKETCHYMEDICAL, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OF ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SKETCHYMEDICAL’ RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SKETCHYMEDICAL (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SKETCHYMEDICAL WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SKETCHYMEDICAL FOR ACCESS TO OR USE OF THIS WEBSITE.

Linking to our Web Site

You are granted a limited, non-exclusive license to link to this website. This license may be revoked by SketchyMedical at any time without notice or cause. Notwithstanding the foregoing, in no way will this license extend to the ability to “embed” video files on sites not controlled by SketchyMedical without express written permission.

Prohibited Access

You agree not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the SketchyMedical site – unless expressly permitted by SketchyMedical.

Severability and Non-Waiver

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of SketchyMedical to insist upon or enforce strict performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use will not be construed as a waiver or relinquishment to any extent of SketchyMedical’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.

Force Majeure

SketchyMedical will not be liable for any delay in Service resulting from any cause beyond its reasonable control or caused by acts of God, acts of civil or military authorities, priorities, strikes, fires, earthquakes, floods or other disasters, epidemics, governmental rules or regulations, war, riot, delays in transportation or shortages, power failures, or server downtime.

No “up time” guarantee is made with any agreement for Services.

Merger
This Agreement constitutes the entire Agreement between the user and SketchyMedical concerning the use of this website, and cancels and supersedes any prior understandings and agreements between the parties hereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, expressed, implied or statutory, between the parties other than as expressly set forth in this Agreement.

Applicable Law

12.1 The laws of the State of California will govern and construe these Terms of Use without giving effect to any conflict of laws provision to the contrary. By use of this website, you irrevocably consent for any reason and all disputes with SketchyMedical to the venue of state or federal courts located in the State of California. If you access the website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

12.2 Any and all controversies, claims or disputes arising out of or related to this Agreement or the interpretation, performance or breach thereof, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties, and the determination of the scope or applicability of this agreement to arbitrate, except as set below, shall be resolved according to the following procedures, which shall constitute the sole dispute resolution mechanism hereunder:

12.3 In the event that the Parties are unable to resolve any dispute informally, then such dispute shall be submitted to final and binding arbitration. The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator

12.4 The arbitrator shall follow California law in adjudicating the dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the Parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any California state court. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Los Angeles County. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered.

12.5 Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this Agreement), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County.

Termination

Notwithstanding any of these Terms of Use, SketchyMedical reserves the right, without notice and in its sole discretion, to terminate your use of this website and to block or prevent future access to and use of this website.

QUESTIONS AND CONTACT INFORMATION
General questions or comments about the SketchyMedical website may be directed to info@sketchymedical.com.