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Terms of Service

Last Updated: November 15, 2023

Acceptance of These Terms of Use

TrueLearn, LLC (“TrueLearn”) (collectively, the “TrueLearn,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our websites located at truelearn.com, truelearn.net, picmonic.com, apexanesthesia.com and any other website address from time to time used by TrueLearn to deliver such services (collectively, the “Site”) and related technologies, which may include mobile applications (“Mobile Apps”, and collectively, such Mobile Apps, related technologies and the Site, including any updated or new features, functionality and technology, the “Service”). The Service may also include in-person and virtual presentations and review sessions. All access and use of the Service is subject to the terms and conditions contained in these Terms of Use for End Users, including any Service-Specific Terms (collectively, as amended from time to time, these “Terms of Use”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you must not accept these Terms of Use and may not use the Service. If you do not accept the terms and conditions of these Terms of Use, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Use were last revised. You may read a current, effective copy of these Terms of Use by visiting the “Terms of Use” link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Use. You should periodically visit this page to review the current Terms of Use so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Use, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TRUELEARN ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

YOUR USE OF THE SERVICES MAY REQUIRE YOU TO AGREE TO AUTOMATICALLY RENEWED SUBSCRIPTION TERMS. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR FINANCIAL RESPONSIBILITY FOR SUCH SUBSCRIPTIONS AND HOW YOU CAN CANCEL THE SUBSCRIPTIONS.

Your Privacy: At TrueLearn, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://truelearn.com/privacy/ and under the Legal — Privacy Policy section of our Mobile Apps (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Additional Terms: Your use of any Services will also be subject to the corresponding Service-Specific Terms set forth below.  In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Use.

Access and Use of the Service

Service Description: The Service is designed to provide curricular support, test preparation, continuing education and related services, as set forth further in the applicable Service-Specific Terms.

Your Registration Obligations: You may be required to register with TrueLearn or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service.If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify TrueLearn of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. TrueLearn will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Service: TrueLearn reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TrueLearn will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that TrueLearn may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on TrueLearn’s or its third-party service providers’ servers on your behalf. You agree that TrueLearn has no responsibility or liability for the deletion or failure to store any data or other content maintained by or uploaded to the Service. You acknowledge that TrueLearn reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that TrueLearn reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Access and Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to TrueLearn, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”) and for all User Generated Service Content (as defined below). The following are examples of the kinds of content and/or uses that are illegal or prohibited by TrueLearn. TrueLearn reserves the right to investigate and take appropriate legal action against anyone who, in TrueLearn’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

a) email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; (vii) does not comply with TrueLearn’s content standards or community guidelines as may be made available through the Sites and updated from time to time, or (viii) in the sole judgment of TrueLearn, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose TrueLearn or its users to any harm or liability of any type;

b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

c) violate any applicable local, state, national, or international law, or any regulations having the force of law;

d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

e) solicit personal information from anyone under the age of 18;

f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

i) obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;

j)  circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or

k) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by TrueLearn from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Competitors: No employee, independent contractor, agent, or affiliate of any company in the business of providing curricular support, test preparation, continuing education or related services is permitted to view, access, or use any portion of the Service without express written permission from TrueLearn. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of TrueLearn or any of its affiliates, or acting on behalf of a competitor of TrueLearn in using or accessing the Service.

Fees; Subscriptions; Auto-Renewal: To the extent the Services or any portion thereof is made available for any fee, the fees for the Services are due at time of purchase. You may be required to select a subscription plan and provide information regarding your credit card or other payment instrument. You represent and warrant to TrueLearn that such information is true and that you are authorized to use the payment instrument and, if applicable, to charge your method of payment on a periodic basis until you terminate your subscription. You will promptly update your account information with TrueLearn or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay TrueLearn the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use.  If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize TrueLearn (through the Payment Processor) to charge your payment instrument on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your subscription, and you further agree to pay any charges so incurred. You must cancel at least one day before the next subscription renewal date to avoid being charged for the renewal period.

If you believe your account is charged incorrectly, reach out to TrueLearn immediately, and TrueLearn will refund you if the charge was processed in error. If you dispute any charges with the issuer of your payment method, you must let TrueLearn know within sixty (60) days after the date that TrueLearn charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change TrueLearn’s prices. If TrueLearn does change prices for an ongoing subscription, TrueLearn will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at TrueLearn’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on TrueLearn’s net income. In the event of non-payment of any amounts due, TrueLearn will be entitled to recoup all of its costs of collection allowed by law, including without limitation attorneys’ fees and court costs, and interest at the rate of 18% per annum or the maximum allowed by law.

Payment Processing:  Notwithstanding any amounts owed to TrueLearn hereunder, TRUELEARN DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Services via bank account, credit card, or debit card, we use third-party payment processors (collectively, “Payment Processors”). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”), including without limitation:

Payment Processor Terms and Conditions Privacy Policy
Apple https://www.apple.com/legal/internet-services/terms/site.html https://www.apple.com/legal/privacy/
Celero https://www.celerocommerce.com/terms-conditions/ https://www.celerocommerce.com/privacy-policy
Google https://play.google.com/about/play-terms/index.html https://policies.google.com/privacy
Heartland https://www.heartland.us/terms https://www.heartland.us/privacy-policy
Stripe https://stripe.com/legal https://stripe.com/privacy

By agreeing to these Terms of Use, Users that use the payment functions of the Services also agree to be and are hereby bound by the applicable Payment Processor Agreement for the payment function the User is using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. TrueLearn assumes no liability or responsibility for any payments you make through the Services.

Refunds and Cancellations: Payments made by you hereunder are final and non-refundable, unless otherwise determined by TrueLearn. You may cancel your TrueLearn subscription online by contacting us using the “Contact Support” form available on our support page and you may cancel your Picmonic subscription online by clicking the “More” button on your main navbar, clicking “My Subscriptions”, clicking the “Cancel future payments” link next to your active subscription and walking through a series of steps to confirm your cancellation.

Limited Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload, any portion of the Service, use of the Service, or access to the Service.  The Service is only for your personal use.

Mobile Services and Software

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device and (ii) the ability to browse the Service and the Site from a mobile device, and may also include the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Telephonic Communications Services:  By using the Service and providing us with your telephone number(s), you are consenting to be contacted by TrueLearn or its affiliates or partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your  telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of TrueLearn or its affiliates or partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications.  You do not have to consent to receive calls or text messages from TrueLearn or its affiliates or partners for marketing or solicitation purposes to purchase TrueLearn’s products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify TrueLearn or its affiliates or partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your TrueLearn account information to ensure that your messages are not sent to a person that acquires your old telephone number.

There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

By reply to any text, SMS or MMS message you receive from us, you may text “STOP” to cancel or email support@truelearn.com for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation.

Mobile App License: Subject to these Terms of Use, TrueLearn hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App for the Service which you have subscribed on one mobile device and (b) use such Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms of Use. Each instance of these Terms of Use that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.

Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith or developed in connection with any Services or support (including any Mobile Apps, the “Software”), and all intellectual property rights related to any of the foregoing, are the property of TrueLearn, its affiliates, and its licensors. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by TrueLearn.

Special Notice for International Use; Export Controls: TrueLearn is headquartered in the United States. If you access or use the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Software or Services is at your sole risk. In addition, information that TrueLearn publishes in connection with the Services may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that TrueLearn intends to announce such products, programs or services in your country. Consult TrueLearn for information regarding the products, programs and services which may be available to you.

Third-Party Distribution Channels: TrueLearn offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Use are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.

Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Use, the following terms and conditions apply:

    • TrueLearn and you acknowledge that these Terms of Use are concluded between TrueLearn and you only, and not with Apple Inc. (“Apple”), and that as between TrueLearn and Apple, TrueLearn, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
    • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
    • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
    • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
    • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be TrueLearn’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
    • TrueLearn and you acknowledge that TrueLearn, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
    • In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between TrueLearn and Apple, TrueLearn, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
    • You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
    • If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to TrueLearn as follows:

support@truelearn.com

3540 Toringdon Way, Ste 200 #1178m Charlotte, NC 28277

    • You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
    • TrueLearn and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Use are between you and TrueLearn only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Use; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) TrueLearn, and not Google, is solely responsible for TrueLearn’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Use; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Use as it relates to TrueLearn’s Google-Sourced Software.

Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found on our terms of attribution page. If required by any license for particular open source software, TrueLearn makes such open source software, and TrueLearn’s modifications to that open source software (if any), available by written request to support@truelearn.com. Copyrights to the open source software are held by the respective copyright holders indicated therein.

Intellectual Property Rights

Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by TrueLearn, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Use. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks: TRUELEARN, PICMONIC, APEX, SMARTBANK  and TrueLearn’s other name and logos are trademarks and service marks of TrueLearn (collectively the “TrueLearn Trademarks”). Other TrueLearn, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TrueLearn. Nothing in these Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of TrueLearn Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of TrueLearn Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will TrueLearn be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that TrueLearn does not pre-screen content, but that TrueLearn and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, TrueLearn and its designees will have the right to remove any content that violates these Terms of Use or is deemed by TrueLearn, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own all right, title and interest in and to the User Content, including all copyrights and rights of publicity contained therein. You hereby grant TrueLearn and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content, in any form, medium or technology now known or later developed in any form, medium or technology now known or later developed, (a) in connection with the operation of the Service, (b) to develop and improve the Service and other TrueLearn offerings, (c) for the promotion, advertising or marketing of the foregoing, and (d) as otherwise set forth in our Privacy Policy.

All rights, title and interest in and to any and all content that you generate through the Service or using any Service Content or that is a modification of or a derivative work based upon any Service Content, including any content created through the Picmonic Creator (including any Submissions (as defined below), “User Generated Service Content”), will be owned by TrueLearn, and you hereby assign to TrueLearn all User Generated Service Content, including all intellectual property rights therein.  You also irrevocably authorizes TrueLearn to act and sign on your behalf and take any necessary steps in order to perfect TrueLearn’s rights to the User Generated Service Content. In the case that under applicable law, you retain any rights of paternity, integrity, disclosure or withdrawal or any other rights that may be known as or referred to as “moral rights” or other inalienable rights to any User Generated Service Content under these Terms of Service, you irrevocably agrees to waive, and hereby waive, all such rights or, to the extent you cannot waive such rights, you agree not to exercise such rights, until you have provided prior written notice to TrueLearn.

You assume all risk associated with your User Content and any User Generated Service Content and the transmission of your User Content and any User Generated Service Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content and any User Generated Service Content.

You hereby authorize TrueLearn and its third-party service providers to collect and analyze User Content, User Generated Service Content and other data and information relating to the Services and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to TrueLearn are non-confidential and TrueLearn will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that TrueLearn may preserve User Content and may also disclose User Content to any institution affiliated with your account or if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TrueLearn, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Media Release: You acknowledge that any in-person or virtual presentations or review sessions you attend in connection with the Services may be videotaped, recorded or photographed and that such material may include your image or audio.  You hereby grant to TrueLearn and its affiliated companies, successors, and assigns (a) the irrevocable unrestricted right to take or record audio, pictures and/or video of you in connection with your participation of any in-person events in connection with the Services (collectively, the “Images”) and (b) a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license right and license to perform, publish, distribute, display and otherwise use your name, likeness, visual representation, photographs or physical characteristics in any and all forms, media and manners now or hereafter known, without restriction as to changes or alterations, on or in connection with TrueLearn’s business, brand, products or the Site for advertising, promotion, exhibition or other lawful purposes.

You hereby irrevocably waive any and all claims or actions you may otherwise have for defamation, libel, invasion of privacy, moral rights, right of publicity, infringement, misappropriation or those under any other theory of liability. You hereby waive any right to approve any finished photograph or audiovisual work, or any other copy, which might be used in conjunction with the finished production. You agree that the Images may be combined with other audiovisual works, photographs, text and graphics, and cropped, altered or modified. You acknowledge and agree that you have no right, title, or interest in or to any Images, and that you have no further right to additional consideration or accounting, and that you will make no further claim against TrueLearn for any reason in connection with its use of the Images as permitted by these Terms of Use.

Copyright Complaints: TrueLearn respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify TrueLearn of your infringement claim in accordance with the procedure set forth below.

TrueLearn will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to TrueLearn’s Copyright Agent at support@truelearn.com (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail at:

3540 Toringdon Way, Ste 200 #1178m Charlotte, NC 28277

To be effective, the notification must be in writing and contain the following information:

    • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
    • identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
    • identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
    • your address, telephone number, and email address;
    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
    • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

    • your physical or electronic signature;
    • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    • a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
    • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Western District of North Carolina and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, TrueLearn will send a copy of the counter-notice to the original complaining party informing them that TrueLearn may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against TrueLearn or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, TrueLearn has adopted a policy of terminating, in appropriate circumstances and at TrueLearn’s sole discretion, the accounts of users who are deemed to be repeat infringers. TrueLearn may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Services and Websites 

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services like Facebook, Google or Twitter. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. TrueLearn has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not TrueLearn, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. TrueLearn enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. TrueLearn will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless TrueLearn and its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “TrueLearn Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of another. TrueLearn will provide notice to you of any such claim, suit, or proceeding. TrueLearn reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting TrueLearn’s defense of such matter. You may not settle or compromise any claim against TrueLearn Parties without TrueLearn’s written consent.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRUELEARN PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE INFORMATION PROVIDED THROUGH THE SERVICES SHOULD BE USED SOLELY FOR EDUCATIONAL PURPOSES AND IS NOT A SUBSTITUTE FOR EXAMINATION BY A PROFESSIONAL OR THE ADVICE OF ANY TYPE OF PROFESSIONAL, INCLUDING MEDICAL OR LEGAL PROFESSIONALS.

TRUELEARN PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OR PERFORMANCE THAT MAY BE OBTAINED OR ACHIEVED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRUELEARN PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRUELEARN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE TRUELEARN PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TRUELEARN IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration 

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a.     Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and TrueLearn, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Use, you and TrueLearn are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b.     Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND TRUELEARN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TRUELEARN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. 

c.     Pre-Arbitration Dispute Resolution

TrueLearn is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@truelearn.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to TrueLearn should be sent to 3540 Toringdon Way, Ste 200 #1178m Charlotte, NC 28277 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If TrueLearn and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or TrueLearn may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by TrueLearn or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or TrueLearn is entitled.

d.     Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found on the AAA’s consumer arbitration page. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless TrueLearn and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, TrueLearn agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e.     Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  To the extent any Arbitration Fees are not specifically allocated to either TrueLearn or you under the AAA Rules, TrueLearn and you will split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, TrueLearn will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, TrueLearn will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

f.      Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g.     Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Use will continue to apply.

h.     Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Use to the contrary, TrueLearn agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending TrueLearn written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

Termination

You agree that TrueLearn, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use, if the institutional account with which your account is associated becomes suspended, terminated or expired or if TrueLearn believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. TrueLearn may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that TrueLearn may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TrueLearn will not be liable to you or any third party for any termination of your access to the Service and that all payments hereunder are non-refundable.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and TrueLearn will have no liability or responsibility with respect thereto. TrueLearn reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Use (together with the terms incorporated by reference herein) constitute the entire agreement between you and TrueLearn governing your access and use of the Service, and supersede any prior agreements between you and TrueLearn with respect to the Service. Without limiting the foregoing, there will be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof.  You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Use will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and TrueLearn submit to the personal and exclusive jurisdiction of the state and federal courts located within county of Charlotte, North Carolina The failure of TrueLearn to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Use without the prior written consent of TrueLearn, but TrueLearn may assign or transfer these Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. As used in these Terms of Use, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Service. TrueLearn will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond TrueLearn’s reasonable control.

Notice for California Users

The following applies: Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at TrueLearn, LLC, 3540 Toringdon Way, Ste 200 #1178m Charlotte, NC 28277.

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

Questions? Concerns? Suggestions?

Please contact us at support@truelearn.com and 3540 Toringdon Way, Ste 200 #1178m Charlotte, NC 28277 to report any violations of these Terms of Use or to pose any questions regarding these Terms of Use or the Service.

*           *           *

PICMONIC SERVICE-SPECIFIC TERMS

Service Description

The Service made available through picmonic.com (“Picmonic”) is designed to provide an audiovisual learning platform for healthcare-related sciences using memorable characters and stories (mnemonics) centered on an evidence-based “learn-review-quiz” format.

Referral Program

The Referral Program, Generally. This section governs your eligibility to participate in the referral program (“Referral Program”) offered by Picmonic. By participating in the Referral Program, you may qualify to receive credit for free access to the Services for the time period specified below by referring friends to become first-time Picmonic subscribers.  Any Reward (defined below) that you earn in connection with the Referral Program will be limited to your Picmonic area of study. You are eligible to participate in the Referral Program only if you have registered a Picmonic account and if your participation in the Referral Program complies with this Agreement. You may send referral invitations only to friends or individuals who consent to receiving invitations to subscribe to Picmonic. You may not post Affiliate discount links on any deals sites or paid ad system. You must comply with any applicable laws, rules, and regulations, in addition to this Agreement.

Referring a Friend

How to Refer a Friend. To participate in the Picmonic Referral Program, sign in to your Picmonic account and follow the directions on the My Referrals page (www.picmonic.com/referrals) to invite friends to Picmonic to become a first-time Picmonic subscriber (“First-Time Purchasers”). You will not receive Reward for purchases made by a Picmonic purchaser who is not a First-Time Purchaser, or who has requested a refund.  All referrals must include a unique link generated on the Picmonic My Referrals page.  You are not eligible to receive Reward or participate in the Referral Program for an invitation or referral that did not result from your unique referral link. What You Get – Discount and Rewards.  TrueLearn will log when a First-Time Purchaser accepts your valid invitation and purchases a Picmonic Service (a “Qualifying Purchase”).  In the avoidance of doubt, a Qualifying Purchase means any purchase made by a First-Time Purchaser via Picmonic that is greater than $0 in value. A trial account or other free promotional subscription to a Picmonic Service in which a referee does not purchase any Picmonic Service does not constitute a Qualifying Purchase. For the purposes of this Referral Program, each First-Time Purchaser may make one Qualifying Purchase. First-Time Purchasers may receive a twenty percent (20%) discount towards any full priced fixed length Picmonic subscription on Picmonic.com upon clicking a referral link to accept the referral invitation and subscribe to the Picmonic Services (“Referral Discounts”). Referral Discounts are not applicable toward specials unless otherwise stated. For every Qualifying Purchase made by your referrals, within a commercially reasonable amount of time, you will receive two (2) free weeks of access in your area of study (each such free 2 weeks, a “Reward”) and a $5 Amazon e-gift card. Amazon e-gift cards earned will be available for redemption 30 days after the referral took place (excluding refunded purchases), and can be redeemed via picmonic.com/referrals. When You Receive Your Reward. Any additional Premium access Reward will be added to the end of your existing subscription term. All Amazon e-gift cards must be redeemed within 90 days, or they will be invalidated. There is no maximum number of Rewards that you are eligible to receive. Terms Applicable to All Referrers. Any Reward may not be delayed, held, transferred, or otherwise redeemed. Rewards are void and no longer redeemable in the event you violate this Agreement. Who Can Be a Referrer. No purchase is necessary to refer First-Time Purchasers to Picmonic. All you need is a free account with Picmonic and the will to help Picmonic make studying easier and more effective for your classmates!

Accepting a Referral

Redeeming your Discount. Upon being referred to Picmonic through a valid Referral Program link sent to you by a referrer, you are eligible to receive a discount to be applied to your first subscription to Picmonic (“First-Purchase Referral Discount”). First-Purchase Referral Discounts cannot be applied towards future renewals. You may use your First-Purchase Referral Discount by accepting the referral invitation and registering as a Picmonic member or signing in to an existing Picmonic account with no prior purchasing history. Picmonic members with a prior Picmonic subscription may not utilize a First-Purchase Referral Discount. First-Purchase Referral Discounts are not applicable toward specials, but the referrer may still obtain credit toward a Reward for the subscriber they referred.

Additional Terms Governing the Referral Program

Violations of this Agreement. Rewards and Bonus Picmonic Premium access are not transferable and may not be sold or exchanged for cash. Any failure to comply with this Agreement or any applicable law may result in cancellation of any applicable award under the Referral Program or suspension or termination of your participation in the Referral Program or of your Picmonic account, all in the sole and absolute discretion of Picmonic. Referral invitations and Bonus Picmonics  may expire in accordance with this Agreement.  Participation in the Referral Program may be limited to Picmonic members located in certain countries or using certain currencies, and is void where prohibited by law. Picmonic reserves the right to modify or terminate the Referral Program at any time and for any reason.  You are expressly prohibited from taking any action intended to circumvent the terms of this Agreement. Picmonic reserves the right to cancel or rescind Reward if it determines in its sole and absolute discretion that any party has violated this Agreement for any reason, including, but not limited to, fraudulent or misleading referral activity (for example, by using multiple identities, email addresses or Picmonic accounts, otherwise providing false or misleading information, or conducting any kind of general shenanigans, funny business, or skullduggery with the intent to circumvent this Agreement) or if your Picmonic account is closed for any reason. Your Relationship With Picmonic. Your participation in the Referral Program is voluntary.  This Agreement does not, and will not be construed to, create an employer-employee, agency, joint venture, or partnership relationship between you and Picmonic.  You may only send valid referral invitations in accordance with this Agreement. You will not, without Picmonic’s written permission, include any Picmonic trademarks or other Picmonic materials in your communications about the Referral Program.  Do not misrepresent or embellish your relationship with Picmonic or write, say, or post anything you know is untrue or misleading.  Do not make performance, price, or other claims about Picmonic Services. If someone has asked you to stop sending them messages about Picmonic, respect their request.

Placing Your Monthly Subscription on Pause

All Picmonic Premium monthly recurring members are able to temporarily place their Premium subscription On Pause for future months when the user knows in advance that they will not be utilizing their Premium subscription for a period of time. Subscribers must give at least 48 hours notice prior to placing their Premium subscription On Pause. A Picmonic Premium subscriber may place their subscription On Pause for a minimum of 1 day through to a maximum of 90 days. Customers on fixed length memberships cannot put their accounts on a monthly hold. During the On Pause period no maintenance fee will be applied in lieu of the subscribers standard subscriber fee and the subscriber will be granted free trial access. Monthly recurring subscribers can apply to place their account on pause via their My Subscriptions page, by selecting “Pause my subscription”. Important information to note when applying for this Premium monthly recurring subscriber service:

    • • Subscriptions On Pause for future months cannot be backdated.
    • • If you wish to re-start your Picmonic Premium monthly recurring subscription prior to the end of your scheduled On Pause period, you may do so from your My Subscriptions page or by purchasing a new Premium subscription.

Pass the PANCE® Guaranteed Refund Program

This section governs the terms and conditions and your eligibility to participate in the PANCE® Refund Program. If you meet the eligibility requirements below and do not pass the PANCE® examination within one year of the expiration date of your subscription to access the Picmonic Services platform for Physician Assistant students (“Picmonic for Physician Assistant”), then Picmonic will provide you with a full refund of your subscription to Picmonic for Physician Assistant (“PANCE® Cash Refund”) or another subscription to Picmonic for Physician Assistant of equal length for free (“PANCE® Subscription Refund”), pursuant to the terms and conditions set forth below (the “PANCE® Refund Program”). Eligibility. You are eligible to participate in the PANCE® Refund Program if you have: (1) personally purchased a subscription to Picmonic for Physician Assistant for a minimum of a 3 month term; (2) “learned” (defined below) at least 500 Picmonics in the Picmonic for Physician Assistant platform prior to your PANCE® testing date; and (3) you have submitted satisfactory proof of your PANCE® test results within 30 days of the date of your PANCE® test results letter to Picmonic via email at feedback@picmonic.com. Month-to-month subscriptions to the Picmonic Services and subscriptions that are a part of institutional licenses do not satisfy the subscription eligibility requirement to participate in the PANCE® Refund Program. You must have personally purchased a minimum 3-month subscription to Picmonic for Physician Assistant. For purposes of these eligibility requirements set forth in this section, “learned” means that you have either listened to the Picmonic educational audio or clicked-through each fact within the Picmonics in the Picmonic for Physician Assistant platform to meet the eligibility threshold. Once you have “learned” a Picmonic, the number next to it in Pathways and Playlists will be colored yellow or orange. Satisfactory proof of your PANCE® test results is determined by Picmonic, in its sole discretion. Picmonic will notify you if the submitted proof of your PANCE® test results is not satisfactory to Picmonic and thus, you are not eligible for the PANCE® Refund Program. Please contact feedback@picmonic.com with any questions. Refund. Once you have satisfactorily met all of the eligibility requirements set forth above to participate in the PANCE® Refund Program, you will be eligible to receive either a PANCE® Cash Refund or PANCE® Subscription Refund.  Within ten (10) business days of submitting proof of your PANCE® test results, you will be notified via email if you are eligible to receive either the PANCE® Cash Refund or PANCE® Subscription Refund, and you will have ten (10) business days to notify Picmonic by emailing feedback@picmonic.com of your selection of either the PANCE® Cash Refund or PANCE® Subscription Refund. If you select the PANCE® Cash Refund, Picmonic will pay the refund via check delivered to the address on file for your account within 90 days of the date of your selection of the PANCE® Cash Refund. If you select the PANCE® Subscription Refund, your account will be updated by Picmonic within 10 business days of the date of your selection of the PANCE® Subscription Refund. General. You will only be eligible for the PANCE® Refund Program one time and may not receive more than one refund: either the PANCE® Cash Refund or PANCE® Subscription Refund. Participation in the PANCE® Refund Program may be limited to Picmonic users located in the United States, and is void where prohibited by law. Picmonic reserves the right to modify or terminate the PANCE® Refund Program at any time in its sole and absolute discretion. Picmonic reserves the right to cancel or rescind any PANCE® Cash Refund or PANCE® Subscription Refund if Picmonic determines in its sole discretion that any party has violated these Terms of Use, any Services Agreement or other agreement between you and Picmonic, or our Privacy Policy, including through any fraudulent or misleading activity (for example, by using multiple identities, email addresses or Picmonic accounts, otherwise providing false or misleading information, or conducting any kind of general shenanigans, funny business, or skullduggery) or if your Picmonic account is closed for any reason.

Pass the National Registry Guaranteed Refund Program

This section governs the terms and conditions and your eligibility to participate in the National Registry Refund Program. If you meet the eligibility requirements below and do not pass the National Registry examination within one year of the expiration date of your subscription to access the Picmonic Services platform for Paramedic students (“Picmonic for Paramedic”), then Picmonic will provide you with a full refund of your subscription to Picmonic for Paramedic (“National Registry Cash Refund”) or another subscription to Picmonic for Paramedic of equal length for free (“National Registry Subscription Refund”), pursuant to the terms and conditions set forth below (the “National Registry Refund Program”). Eligibility. You are eligible to participate in the National Registry Refund Program if you have: (1) personally purchased a subscription to Picmonic for Paramedic for a minimum of a 3 month term; (2) “learned” (defined below) at least 500 Picmonics in the Picmonic for Paramedic platform prior to your National Registry testing date; and (3) you have submitted satisfactory proof of your National Registry test results within 30 days of the date of your National Registry test results letter to Picmonic via email at feedback@picmonic.com. Month-to-month subscriptions to the Picmonic Services and subscriptions that are a part of institutional licenses do not satisfy the subscription eligibility requirement to participate in the National Registry Refund Program. You must have purchased a minimum 3-month subscription to Picmonic for Paramedic. For purposes of these eligibility requirements set forth in this section, “learned” means that you have either listened to the Picmonic educational audio or clicked-through each fact within the Picmonics in the Picmonic for Paramedic platform to meet the eligibility threshold. Satisfactory proof of your National Registry test results is determined by Picmonic, in its sole discretion. Picmonic will notify you if the submitted proof of your National Registry test results is not satisfactory to Picmonic and thus, you are not eligible for the National Registry Refund Program. Please contact feedback@picmonic.com with any questions. Refund. Once you have satisfactorily met all of the eligibility requirements set forth above to participate in the National Registry Refund Program, you will be eligible to receive either a National Registry Cash Refund or National Registry Subscription Refund.  Within ten (10) business days of submitting proof of your National Registry test results, you will be notified via email if you are eligible to receive either the National Registry Cash Refund or National Registry Subscription Refund, and you will have ten (10) business days to notify Picmonic by emailing feedback@picmonic.com of your selection of either the National Registry Cash Refund or National Registry Subscription Refund. If you select the National Registry Cash Refund, Picmonic will pay the refund via check delivered to the address on file for your account within 90 days of the date of your selection of the National Registry Cash Refund. If you select the National Registry Subscription Refund, your account will be updated by Picmonic within 10 business days of the date of your selection of the National Registry Subscription Refund. General. You will only be eligible for the National Registry Refund Program one time and may not receive more than one refund: either the National Registry Cash Refund or National Registry Subscription Refund. Participation in the National Registry Refund Program may be limited to Picmonic users located in the United States, and is void where prohibited by law. Picmonic reserves the right to modify or terminate the National Registry Refund Program at any time in its sole and absolute discretion. Picmonic reserves the right to cancel or rescind any National Registry Cash Refund or National Registry Subscription Refund if Picmonic determines in its sole discretion that any party has violated these Terms of Use, any Services Agreement or other agreement between you and Picmonic, or our Privacy Policy, including through any fraudulent or misleading activity (for example, by using multiple identities, email addresses or Picmonic accounts, otherwise providing false or misleading information, or conducting any kind of general shenanigans, funny business, or skullduggery) or if your Picmonic account is closed for any reason.

Pass the NCLEX® Guaranteed Refund Program

This section governs the terms and conditions and your eligibility to participate in the NCLEX® Refund Program. If you meet the eligibility requirements below and do not pass the NCLEX® examination within one year of the expiration date of your subscription to access the Picmonic Services platform for nursing students (“Picmonic for Nursing”), then Picmonic will provide you with a full refund of your subscription to Picmonic for Nursing (“NCLEX® Cash Refund”) or another subscription to Picmonic for Nursing of equal length for free (“NCLEX® Subscription Refund”), pursuant to the terms and conditions set forth below (the “NCLEX® Refund Program”). Eligibility. You are eligible to participate in the NCLEX® Refund Program if you have: (1) personally purchased a subscription to Picmonic for Nursing for a minimum of a 3 month term; (2) “learned” (defined below) at least 500 Picmonics in the Picmonic for Nursing platform prior to your NCLEX® testing date; (3) graduated from an ACEN or CCNE accredited nursing school located in the United States; and (4) you have submitted satisfactory proof of your NCLEX® test results within 30 days of the date of your NCLEX® test results letter to Picmonic via email at feedback@picmonic.com. Month-to-month subscriptions to the Picmonic Services and subscriptions that are a part of institutional licenses do not satisfy the subscription eligibility requirement to participate in the NCLEX® Refund Program. You must have purchased a minimum 3-month subscription to Picmonic for Nursing. For purposes of these eligibility requirements set forth in this section, “learned” means that you have either listened to the Picmonic educational audio or clicked-through each fact within the Picmonics in the Picmonic for Nursing platform to meet the eligibility threshold. Once you have “learned” a Picmonic, the number next to it in Pathways and Playlists will be colored yellow or orange. Satisfactory proof of your NCLEX® test results is determined by Picmonic, in its sole discretion. Picmonic will notify you if the submitted proof of your NCLEX® test results is not satisfactory to Picmonic and thus, you are not eligible for the NCLEX® Refund Program. Please contact feedback@picmonic.com with any questions. Refund. Once you have satisfactorily met all of the eligibility requirements set forth above to participate in the NCLEX® Refund Program, you will be eligible to receive either a NCLEX® Cash Refund or NCLEX® Subscription Refund.  Within ten (10) business days of submitting proof of your NCLEX® test results, you will be notified via email if you are eligible to receive either the NCLEX® Cash Refund or NCLEX® Subscription Refund, and you will have ten (10) business days to notify Picmonic by emailing feedback@picmonic.com of your selection of either the NCLEX® Cash Refund or NCLEX® Subscription Refund. If you select the NCLEX® Cash Refund, Picmonic will pay the refund via check delivered to the address on file for your account within 90 days of the date of your selection of the NCLEX® Cash Refund. If you select the NCLEX® Subscription Refund, your account will be updated by Picmonic within 10 business days of the date of your selection of the NCLEX® Subscription Refund. General. You will only be eligible for the NCLEX® Refund Program one time and may not receive more than one refund: either the NCLEX® Cash Refund or NCLEX® Subscription Refund. Participation in the NCLEX® Refund Program may be limited to Picmonic users located in the United States, and is void where prohibited by law. Picmonic reserves the right to modify or terminate the NCLEX® Refund Program at any time in its sole and absolute discretion. Picmonic reserves the right to cancel or rescind any NCLEX® Cash Refund or NCLEX® Subscription Refund if Picmonic determines in its sole discretion that any party has violated these Terms of Use, any Services Agreement or other agreement between you and Picmonic, or our Privacy Policy, including through any fraudulent or misleading activity (for example, by using multiple identities, email addresses or Picmonic accounts, otherwise providing false or misleading information, or conducting any kind of general shenanigans, funny business, or skullduggery) or if your Picmonic account is closed for any reason. Picmonic reserves the right to cancel or rescind any NCLEX® Cash Refund or NCLEX® Subscription Refund if Picmonic determines in its sole discretion that any party has violated these Terms of Use, any Services Agreement or other agreement between you and Picmonic, or our Privacy Policy, including through any fraudulent or misleading activity (for example, by using multiple identities, email addresses or Picmonic accounts, otherwise providing false or misleading information, or conducting any kind of general shenanigans, funny business, or skullduggery) or if your Picmonic account is closed for any reason.

Pass USMLE Step 1, Step 2 CK, COMLEX Level 1, or COMLEX Level 2 Guaranteed Refund Program

This section governs the terms and conditions and your eligibility to participate in the USMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 Refund Program. If you meet the eligibility requirements below and do not pass the USMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 examination within one year of the expiration date of your subscription to access the Picmonic Services platform for learners (“Picmonic for Medicine”), then Picmonic will provide you with a full refund of your subscription to Picmonic for Medicine (“USMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 Cash Refund”) or another subscription to Picmonic for Medicine of equal length for free (“USMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 Subscription Refund”), pursuant to the terms and conditions set forth below (the “USMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 Refund Program”). Eligibility. You are eligible to participate in the USMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 Refund Program if you have: (1) personally purchased a subscription to Picmonic for Medicine for a minimum of a 3 month term; (2) “Learned” (defined below) at least 500 Picmonics in the Picmonic for Medicine platform prior to your testing date; (3) you have submitted satisfactory proof of your test results within 30 days of the date of your USMLE Step 1, Step 2 CK, or COMLEX test results to Picmonic via email at feedback@picmonic.com. Month-to-month subscriptions to the Picmonic Services and subscriptions that are a part of institutional licenses do not satisfy the subscription eligibility requirement to participate in the USMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 Refund Program. You must have personally purchased a minimum 3-month subscription to Picmonic for Medicine. For purposes of these eligibility requirements set forth in this section, “learned” means that you have either listened to the Picmonic educational audio or clicked-through each fact within the Picmonics in the Picmonic for Medicine platform to meet the eligibility threshold. Once you have “learned” a Picmonic, the number next to it in Pathways and Playlists will be colored yellow or orange. Satisfactory proof of your USMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 test results is determined by Picmonic, in its sole discretion. Picmonic will notify you if the submitted proof of your test results is not satisfactory to Picmonic and thus, you are not eligible for the USMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 Refund Program. Please contact feedback@picmonic.com with any questions. Refund. Once you have satisfactorily met all of the eligibility requirements set forth above to participate in the Refund Program, you will be eligible to receive either a Cash Refund or Subscription Refund. Within ten (10) business days of submitting proof of your test results, you will be notified via email if you are eligible to receive either the Cash Refund or Subscription Refund, and you will have ten (10) business days to notify Picmonic by emailing feedback@picmonic.com of your selection of either the Cash Refund or Subscription Refund. If you select the Cash Refund, Picmonic will pay the refund via check delivered to the address on file for your account within 90 days of the date of your selection of the Cash Refund. If you select the Subscription Refund, your account will be updated by Picmonic within 10 business days of the date of your selection of the Subscription Refund. General. You will only be eligible for the Refund Program one time and may not receive more than one refund: either the Cash Refund or Subscription Refund. Participation in the Refund Program may be limited to Picmonic users located in the United States, and is void where prohibited by law. Picmonic reserves the right to modify or terminate the Refund Program at any time in its sole and absolute discretion.

APEX SERVICE-SPECIFIC TERMS

Service Description

The Service made available through apexanesthesia.com (“APEX” or “APEX Anesthesia Review”) is designed to provide 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, the APEX Service also provides continuing education courses to assist Certified Registered Nurse Anesthetists maintain their certification. APEX also hosts two day live and in-person and virtual study programs for students as described further below.

Subscription Types

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 through APEX. The cost of each subscription option can be viewed on the Site and is subject to change at any time.

Guarantee

APEX 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.

Board Bootcamps

In addition to its Internet based review program described above, TrueLearn has created two day in-person and virtual boards bootcamps delivered by APEX Anesthesia Review, which provides student registered nurse anesthetists (“SRNA”) in a nurse anesthesia program with a high stakes review session for preparation of the board exam (the “Boards Bootcamp”). To the extent you or an institution with which you are affiliated purchases a Boards Bootcamp session, the following terms will apply to you as a participating SRNA:

TrueLearn agrees to organize and present a two day program that will provide SRNAs with a review of materials for the national certification exam. The two day program will take place in a manner and on a day and time as designated by TrueLearn through your registration process or by the applicable institution. Each day of the Boards Bootcamp will include a one hour lunch break and periodic breaks throughout the day.

As part of the review program, TrueLearn may provide materials, such as summaries, outlines and/or study guides. All content included in the materials provided by TrueLearn in connection with the Boards Bootcamp (the “Review Materials”) will remain the property of TrueLearn and are subject to these Terms of Service as “Service Content” hereunder. Any Review Materials provided to you may only be used for your individual studying and preparation for the national certification exam. You may not make copies of the Review Materials or disclose or make available the Review Materials in any form to any person unless you have obtained the prior written consent of TrueLearn. The Boards Bootcamp may not be recorded, broadcasted or streamed by any means and no synchronized connections to the event are permitted. Any SRNA attendee caught recording the event will be required to immediately leave the facility without a refund.

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