Privacy & Cookie Policy

APEXAnesthesia.com

Privacy Policy

Thank you for visiting the APEXAnesthesia.com Website (hereinafter “the Site” or “APEXAnesthesia.com”) and reviewing our Privacy Policy, effective September 20, 2022.  We take your privacy very seriously and are committed to safeguarding your privacy online.  Please read the following policy to understand how your personal information will be treated as you use APEX Anesthesia.com.

Overview

This Privacy Policy (hereinafter “Policy”) governs your use of APEXAnesthesia.com and describes the information we collect from you and what may happen to that information.  For example, this Policy will let you know what types of information we collect from you; what cookies and IP addresses are and how they are used; how your information is used; who is collecting your information; with whom your information may be shared; what options are available to you regarding collection, use, and distribution of your information; how you may use other users’ information (“Users”); the types of security precautions in place to protect against loss, misuse, or alteration of your information; how we protect children’s privacy; and other things you should know about your online privacy.

Please note that we review our privacy practices from time to time, and that our practices are subject to change.  We ask that you bookmark and periodically review this page to ensure continuing familiarity with the most current version of our Policy.  All amended terms shall be automatically effective after they are posted on the Site.

By visiting the Site, you agree to be bound by the terms and conditions of this Policy.  If you do not agree with the terms of this Policy, use or access to the Site shall be strictly prohibited.

What Personally Identifiable Information does APEXAnesthesia.com collect?

The primary purpose of collecting information from you is to allow you to create an account, subscribe to our Services, post content and information to our discussion forum, and to provide you with a personalized experience.  We will only collect information about you that we consider necessary to achieve this purpose.

Generally, APEXAnesthesia.com collects personally identifiable information in two ways.  Some information is gathered when you register for a new account so that you may enroll and access the Site and the Services.  This includes your first and last name, your email address, a self-selected password, your telephone number, and your address.  When you make a purchase from us, we will also collect payment information such as your credit card information (credit or debit card) to process the transaction and may ask you to send us additional information in order to complete your purchase.  Where possible, we indicate which fields are required and which fields are optional.  It’s your decision whether you want to share optional personally identifiable information with us.  We also collect personal information when you report a problem or issue with our services through the Site’s feedback form or contact form.  If you contact APEXAnesthesia.com in any form, we may keep a record of that correspondence.

Wherever APEXAnesthesia.com collects personal information we make an effort to include a link to this Policy on that page.

What are IP Addresses and how does APEXAnesthesia.com use them?

When your web browser requests a web page from another computer on the Internet, such as APEXAnesthesia.com, it automatically gives that computer the address where it should send the information.  This is called your computer’s “IP address”.  (IP stands for “Internet protocol”).  For many users accessing the Internet, the IP address will be different every time you log on.  We record the IP Addresses that access APEXAnesthesia.com along with related information such as your browser type and operating system.  This information helps us, in part, learn about the geographical distribution of our website visitors and the technology they use to access our site so that we can improve our Site.

What are “cookies” and how does APEXAnesthesia.com use them?

Data collection devices, such as “cookies”, are used to store, and sometimes track, information about you.  Generally, these cookies help provide personalized services and promote trust and safety.  A cookie is a small file containing a small amount of data that is sent to your browser from a web server and placed on your computer’s hard drive to assist us in providing our services.  All pages on the Site where you are prompted to login or that are customizable request that you accept cookies.  Cookies are only read by the server that placed them and are unable to execute any code or virus.  Most cookies are “session cookies” and are automatically deleted from your hard drive at the end of a session.

More specifically, we use cookies to remind us of who you are and to access your registration information in order to deliver to you a more personalized service.  This cookie is set when you register or “Log In” and is modified when you “Log Out” of our services.  We also may use cookies to measure your visiting patterns in the aggregate.  We use this data to understand how our users’ habits are similar or different from one another so that we can make each new experience on APEXAnesthesia.com a better one.  We may also use this information to better personalize the content and information that you and other users will see on our Site.  You are always free to decline our cookies if you wish and if your browser permits, however please know that you may not be able to Log In or access all of our features and services if you choose not to accept our cookies.

How does APEXAnesthesia.com use my information?

APEXAnesthesia.com uses your information to provide you with a customized website experience, to enable your use of all of the content, tools, and features we offer, and to process your purchase of a subscription.  We may also use your personal information to manage and monitor your subscription with us; communicate with you via email if we need to contact you; resolve disputes; troubleshoot problems; help promote safe interactions between users of APEXAnesthesia.com; detect and protect against error, fraud, or other criminal activity; and enforce our Terms of Service Agreement.

Who is collecting information?

When you are using the Site and are asked for personal information, you are sharing that information with APEXAnesthesia.com alone, unless we specifically state otherwise.  If you post content to the Site other Site Users will be able to see your posted information and may communicate with you.  If you do not want others to see your posted information or correspondence, or communicate with you, please do not post anything to or through the Site.

Please be advised that other Websites to which APEXAnesthesia.com may link may collect personally identifiable information about you when you interact with them.  The information practices of those Websites linked to APEXAnesthesia.com are not covered by this privacy statement and you should be sure to check the policies of those Websites to before disclosing your personal information to them.

With whom does APEXAnesthesia.com share my information?

We understand that your privacy is important.  Generally, APEXAnesthesia.com will not disclose your personally identifiable information unless we have your permission or under certain circumstances, such as those described below.

When the Law Requires it:  If we receive a subpoena, court order, or other legal process that requires that we disclose information about a User, we have no choice but to comply with it and will disclose the required information.

Third-Party Service Providers:  We may employ other trusted companies to perform functions on our behalf.  Examples include processing credit or debit card payments, order fulfillment, sending e-mails, analyzing data, and providing marketing assistance.  Those trusted third party service providers have access only to personal information needed to perform their functions, but may not use it for other purposes.

With Your School:  If your school mandates the use of APEXAnesthesia.com and our services, you agree that we shall have the right to share with your school without your consent all of your personal performance data and information, including but not limited to your test scores, frequency of use of our services, and other data regarding you.

Third Party Data & Data in the Aggregate:  Aggregate data (data gathered across all user accounts) may be gathered in a non-personally identifiable form to build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of our visitors, and by measuring demographics and interests regarding specific areas and services of the Site.  Aggregate data may be disclosed in a non-personally identifiable manner to schools and other third parties.  However, no personal information that could be used to identify you personally is disclosed in these situations.

External Service Providers:  Separate services are offered by third parties, also known as external service providers, some of which are linked to from the Site.  If you choose to use these services, disclose information to these parties, and/or grant them permission to collect information about you, their privacy policy governs the use of your information.  We will not disclose your personal information to external service providers without your express consent.

Business Transaction:  APEXAnesthesia.com reserves the right to transfer any and all information that we collect from visitors, or that we otherwise collect concerning or in connection with the Site, to a third party in the event of a sale or other transfer of assets or of any portion of our business.  In the event APEXAnesthesia.com enters a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information may be among the assets transferred.

Third Party Affiliates:  APEXAnesthesia.com may share your personally identifiable information with business partners or other affiliated entities with whom we deliver co-branded services, provide content to or participate with in events, seminars and conferences.  You may receive e-mails from our third party affiliates informing you of available services and products from the third party affiliate that are related to the Services provided by APEXAnesthesia.com.

Other:  We may disclose account information where we have reason to believe that disclosing the information is necessary to identify, contact, or bring legal action against someone who may be violating APEXAnesthesia.com’s Terms of Service Agreement or may be causing injury to or interference with (either intentionally or unintentionally) APEXAnesthesia.com’s rights or property, other Site users, or anyone else that could be harmed by such activities.  APEXAnesthesia.com may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our services.

We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Policy.  For example, as stated above, we may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site.  We use industry standard practices to protect your privacy, however, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

What are my choices regarding collection, use, and distribution of my information?

If you choose to register on the Site, use the content and tools provided on the Site, or make a purchase, you will need to disclose certain information as specified above.  APEXAnesthesia.com will send you an email upon registration with the Site.  APEXAnesthesia.com may also send you an email from time to time, including but not limited to confirmation emails for any correspondence initiated by you through the Site and receipts for purchases made on the Site.     

How may I use other users’ information?

User contact information, such as an email address, is not generally disclosed on the Site to other Users.  However, in the event that you obtain the contact information of a User or Users of the Site, you agree that you will not use such information for any purpose.  Further, recognizing the global nature of the Internet, you agree to comply with all applicable local laws and rules regarding online conduct and privacy, as well as content.  Specifically, but not as a limitation, you agree to comply with all applicable laws regarding transmission of technical and personal data exported from the United States or the country in which you reside.

What security precautions are in place to protect the loss, misuse, or alteration of my information?

Your APEXAnesthesia.com account is password protected so that only you have access to this personal information.  We recommend that you do not disclose your password to anyone.  APEXAnesthesia.com will never ask you for your password in an unsolicited phone call or unsolicited email.  If you choose to share your email address and password or your personal information with third parties, you are responsible for all actions taken with your account and therefore you should review that third party’s privacy policy.  If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf.  Therefore, if your password has been compromised for any reason, you should immediately change your password.

Whenever APEXAnesthesia.com handles your personal information, we take steps to ensure that your information is treated securely and in accordance with the relevant Terms of Service Agreement and this Policy.  We use procedural and mechanical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy.  Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure.  We cannot, therefore, warrant or ensure the security of any information you transmit to us or from our online products or services, and you do so at your own risk.  Once we receive your transmission, we make our best effort to ensure its security on our systems.

Use of Your Image

Periodically APEXAnesthesia.com will host a two day live and in-person study program (the “Live Program”). You acknowledge that APEXAnesthesia.com may videotape the Live Program for future viewing purposes and that such video might include your picture or image if you attend the Live Program. You agree that APEXAnesthesia.com shall have the right to use any video of a Live Program which may include your image as APEXAnesthesia.com deems appropriate for its ongoing education and marketing purposes. You further agree that you will waive and release any claim you may have against APEXAnesthesia.com with respect to the potential inclusion of your picture or image in the video of a Live Program and that such use by APEXAnesthesia.com will not violate your privacy rights.

How are children’s privacy protected?

APEXAnesthesia.com is not designed or intended for persons under the age of 18 and, if you are under the age of 18, you are not authorized to use the Site, submit information to APEXAnesthesia.com, or register with us.

Additional Information

Any questions regarding this statement should be directed to us through the use of our Contact page, which can be found at https://www.APEXAnesthesia.com/contact.

This Policy is the sole authorized statement of APEXAnesthesia.com’s practices with respect to the online collection of personally identifiable information and the usage of such information.

APEXAnesthesia.com

Terms of Service Agreement

1. Introduction.

APEXAnesthesia.com is owned by APEX Anesthesia Review LLC, a Virginia limited liability company (“APEX Anesthesia”). This Terms of Service Agreement (hereinafter the “Agreement”) for the APEXAnesthesia.com website applies to persons who visit, register with, subscribe to, or otherwise use the APEX Anesthesia website (“Users” and “you”). You must agree to be bound by the terms and conditions of this Agreement in order to use or access APEX Anesthesia services (“Services”) or the APEX Anesthesia.com website (hereinafter referred to as “APEXAnesthesia.com” or “the Site”).

2. About APEXAnesthesia.com.

APEX Anesthesia through its APEXAnesthesia.com website offers courses to assist Students pursuing a career as a Certified Registered Nurse Anesthetists in preparing for the National Certification Exam by providing a study plan and access to a wide range and type of study materials, including review text, question-based learning tutorials, practice exams, live study sessions, and a members-only discussion forum in which Users may post their comments and questions and other Users may reply to those postings. In addition, APEX Anesthesia and the APEXAnesthesia.com website also provide continuing education courses to assist Certified Registered Nurse Anesthetists maintain their certification. APEX Anesthesia also hosts a two day live and in-person study program for Students (the “Live Program”). Included with the Live Program are two practice exams and three virtual question and answer sessions to assist Students.

3. Availability and Eligibility.

Our Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. APEX Anesthesia.com shall not be used by companies or by anyone for commercial use without the expressed written consent of APEX Anesthesia. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Services no distribution or solicitation is made by APEX Anesthesia to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law. Further, if you register with and/or subscribe to the Site, you agree not to transfer, loan, give, share, or sell your APEXAnesthesia.com account user name and password to another party.

4. Services.

The Site provides you with the opportunity to subscribe for one, two, three, or four years for access to all of the tools and features we provide. The cost of each subscription option can be viewed on the Site and is subject to change at any time.

5. Purchases and Billing.

If you choose to make a purchase from us, we will collect information from you, including credit card information, needed to process your transaction and will charge your credit card accordingly. Your charge will be authorized and charged at the time you order. APEX Anesthesia reserves the right to change its features and services, fees, terms of sale, or billing methods for new subscribers at any time. You agree to provide APEX Anesthesia with truthful and accurate contact and billing information. The terms and conditions of specific services are disclosed on our Site and you agree to such terms and conditions when you place your order. All charges for subscriptions are non-refundable except as set forth in the Guarantee below. The payment terms for each product are outlined in section 6 below.

6. Course Pricing and Payment Terms.

If you purchase any course(s) from APEX Anesthesia on the website www.apexanesthesia.com on or after February 14, 2023, you are agreeing to the below pricing schedule and you further authorized the applicable automatic payment processing on the credit card attached to your account for the course(s) you purchased.

• 1-Year Student Review – $399 (one-time payment at purchase)
• 2-Year Student Review – $449 (one-time payment at purchase)
• 3-Year Student Review – $499 (one-time payment at purchase)
• 4-Year Student Review – $549 (one-time payment at purchase)
• Boards Bootcamp – $799 (one-time payment at purchase)
• Back to Basics – $599 (one-time payment at purchase)
• CRNA Updates Vol. 1 – $219 (one-time payment at purchase)
• CRNA Updates Vol. 2 – $299 (one-time payment at purchase)
• CPC Core Module Bundle – $299 (one-time payment at purchase)
• All-Inclusive Bundle – $999 (one-time payment at purchase)

If you purchased any course(s) from APEX Anesthesia on the website www.apexanesthesia.com before February 14, 2023, you agreed to the below pricing schedule and you further authorized the applicable automatic payment processing on the credit card attached to your account for the course(s) you purchased. Depending on the course(s) purchased, this pricing schedule may include post-dated automatic balance payment(s) that will process on the credit card attached to your account. You also agreed not to dispute the remaining course payments for payments not exceeding the total course costs of the purchased course(s) as outlined below:

• 1-Year Student Review – $399 (one-time payment at purchase)
• 2-Year Student Review – $449 ($399 at purchase, $50 in 12 months)
• 3-Year Student Review – $499 ($399 at purchase, $50 in 12 months, $50 in 24 months)
• 4-Year Student Review – $549 ($399 at purchase, $50 in 12 months, $50 in 24 months, $50 in 36 months)
• Boards Bootcamp – $799 (one-time payment at purchase)
• Back to Basics – $599 ($549 at purchase, $50 in 12 months)
• CRNA Updates Vol. 1 – $219 (one-time payment at purchase)
• CRNA Updates Vol. 2 – $299 (one-time payment at purchase)
• CPC Core Module Bundle – $299 (one-time payment at purchase)
• All-Inclusive Bundle – $999 ($949 at purchase, $50 in 12 months)

For questions relating to payments processed to the card attached to your account, please email info@apexanesthesia.com.

7. Guarantee.

APEX Anesthesia cannot and does not guarantee that you will pass the National Certification Exam or any other test. In the event, however, that you do not pass the National Certification Exam on your first try after you have completed all of the APEX Anesthesia.com tutorials, review exams, domain exams, and mock exams, upon your written request we will provide to you continued access to the Service at no cost to you until the next National Certification Exam and will provide you with a study plan to help improve your odds of success when you retest. If you fail to pass the National Certification Exam on your fourth attempt, provided you have completed all of the APEX Anesthesia.com tutorials, review exams, domain exams, and mock exams, we will refund the amount you paid to us upon your request and our receipt of true and correct documentation from the NBCRNA that details the results from all four of your attempts.

8. User’s Responsibilities and Acknowledgements.

As an APEX Anesthesia.com User you are obligated to read this Agreement and our Privacy Policy before you register on our Site, utilize our Services, or provide any information to us. Upon registering, you acknowledge that you have read and agree to be bound to the terms of this Agreement and those of our Privacy Policy and other policies we have now or may adopt in the future. You acknowledge that APEX Anesthesia may videotape live presentations for future viewing purposes and that such video might include your picture or image if you attend a live presentation. You agree that APEX Anesthesia shall have the right to use any video of a live presentation which may include your image as APEX Anesthesia deems appropriate for its ongoing education and marketing purposes. You further agree that you will waive and release any claim you may have against APEX Anesthesia with respect to the potential inclusion of your picture or image in the video of a live presentation. In addition, you acknowledge and agree that individuals that provide comments on the discussion forum of the Site are solely responsible for the content of their postings and that APEX Anesthesia shall not be responsible for verifying the accuracy of such postings. You are solely responsible for the cost, functionality, and use of any computers, tablets, or other devices and services needed and used to access the Site and Services.

9. Restricted Activities.

You are prohibited from any use of the Site, the Site’s contents, or the Services offered by the Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information and activities on or through the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or use curse words or profanity; (f) contain any pornography or obscene materials, or viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content or User information without the prior expressed written permission of APEX Anesthesia and the appropriate third party, as applicable. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation.

10. Access and Interference.

You agree that you will not use any robot, spider, botnets, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers, including without limitation, deep linking into our site; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content (other than content you have solely created) without the prior expressed written permission of APEX Anesthesia.com and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site.

11. Breach.

Without limiting other remedies, we may limit your activity, delete or refuse your postings, issue a warning, temporarily suspend, indefinitely suspend or terminate your access and refuse to provide our Services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us.

12. Privacy.

We only use and disclose your information as described in our Privacy Policy. Our current Privacy Policy is available at https://www.apexanesthesia.com/privacy-policy APEX Anesthesia may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes.

13. Links to Third Party Sites.

There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, APEX Anesthesia. Such links do not necessarily constitute an endorsement by APEX Anesthesia of those sites. APEX Anesthesia undertakes no obligation to monitor such sites, and you agree that APEX Anesthesia is not responsible for the content of such sites or any technical or other problems associated with any such third-party Sites, links or usage.

14. Intellectual Property.

The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except with the prior written consent of APEX Anesthesia and as otherwise permitted under the applicable laws. If you post a comment on the Site, you grant APEX Anesthesia a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify APEX Anesthesia or its affiliates for all claims resulting from content you supply. APEX Anesthesia has the right but not the obligation to monitor and/or remove any content on the Site.

15. DMCA Policy.

APEX Anesthesia takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us.

In accordance with the Digital Millennium Copyright Act (“DMCA”), APEX Anesthesia has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent by sending an email to info@APEXAnesthesia.com.

The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:

• A description of the copyrighted work claimed to have been infringed;
• A description of the infringing material and information reasonably sufficient to permit APEX Anesthesia to locate the material;
• Your contact information, including your mailing address, telephone number, and email address;
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
• A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.

16. Email Policy.

Please be advised that if you provide us with your email address, you have expressly granted us, and any companies that are affiliated with APEX Anesthesia, the right to contact you via email.

17. Disclaimer of Warranties.

WE, OUR MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. This disclaimer of implied warranties shall not apply in those jurisdictions that disallow the disclaimer of warranties.

IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY

OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF APEX ANESTHESIA. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, APEX ANESTHESIA DISCLAIMS ANY AND ALL SUCH WARRANTIES.

18. General Release.

IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU AGREE TO RELEASE APEX ANESTHESIA REVIEW LLC, ITS MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY APEX ANESTHESIA.

19. Limitation of Liability.

IN NO EVENT SHALL WE, OUR MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE SITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT APEX ANESTHESIA’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

20. Indemnity.

You agree to indemnify and hold us and our members, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any intellectual property claim or claim of defamation, arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. APEX Anesthesia reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of APEX Anesthesia. You further agree to indemnify and hold harmless APEX Anesthesia from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.

21. Dispute Resolution.

You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving APEX Anesthesia and for the collection by APEX Anesthesia of amounts due for services provided, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Henrico County, Virginia and the judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or APEX Anesthesia may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Henrico County, Virginia necessary to protect the rights or property of you or APEX Anesthesia pending the completion of arbitration.

22. Licenses.

APEX Anesthesia grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. APEX Anesthesia may also grant a limited license to a School or faculty members of a School. This license, whether granted to a participant, a School or a faculty member of a School, expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site.  Any data or other information from this Site used by a School or a faculty member of a School shall be limited to internal business purposes and may not be shared with third parties or otherwise publicly posted without the expressed written consent of APEX Anesthesia.

23. Waiver.

Failure by APEX Anesthesia to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

24. Right to Change this Agreement.

APEX Anesthesia reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following APEX Anesthesia’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.

25. General Provisions.

This is the entire Agreement governing the use of the APEX Anesthesia Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the Commonwealth of Virginia, without regard to that state’s conflict of laws provisions. By using the Site you expressly and irrevocably agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in Henrico County, Virginia. In the event of non-payment by a Site User of any amounts due, APEX Anesthesia shall be entitled to recoup all of its costs of collection, including but not limited to attorneys fees, court costs and interest at the rate of 18% per annum. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of APEX Anesthesia in accordance with applicable law and the remainder of the Agreement shall remain in full force.

26. Contact APEX Anesthesia.

Except as explicitly stated otherwise, any notices to APEX Anesthesia shall be given by postal mail to APEX Anesthesia Review LLC (in the case of APEX Anesthesia). You agree that you will notify APEX Anesthesia in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give APEX Anesthesia a reasonable period of time to address it before bringing any arbitration or legal action.