Gunner Training USER AGREEMENT

Last Updated: April 2009

Welcome to the website (“Site”) for Gunner Training^TM (“Gunner Training”), a business division of Medical Learning Systems, LLC. This User Agreement, including our Privacy Policy, between you, as the user of this Site, and Gunner Training, governs your use of the Gunner Training Site.

Please read this User Agreement carefully, because by visiting or using the Gunner Training Site, you agree to follow its rules. From time to time we may modify these rules. We will notify you of any significant change by posting a notice on our home page and information collection forms. Your continued use of the Gunner Training Site after any modification indicates your agreement to the new terms.

Privacy Policy

Please review our Privacy Policy, which is a part of this User Agreement and describes how Gunner Training handles any personally identifying information collected from visitors to the Gunner Training Site.

Copyright

Website Materials. Copyright on this Site and all materials included in it is owned by or licensed to Gunner Training and all rights are reserved. You must abide by all copyright notices and restrictions contained on this Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from this Site (including computer programs or other code) (“Site Materials”), unless we have specifically authorized you to do so and then only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials.

Trademarks

Gunner Training, the Gunner Training Logo, and other logos on the Gunner Training Site are trademarks owned by Medical Learning Systems, LLC (“Gunner Training Trademarks”). You may not use the Gunner Training Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.

Links, Frames, and Metatags

You may link to the home page of the Gunner Training Site as long as the link does not cast us in a false or misleading light.

You may not frame the content of the Gunner Training Site. You may not use metatags or any other “hidden text” that incorporates the Gunner Training Trademarks or our name without our express written consent.

Links to Other websites

This Site may contain links to other websites, including sites for other Medical Learning Systems, LLC products or divisions. This User Agreement and the Privacy Policy do not apply to these other websites. Be sure to read the user agreements and privacy policies that govern your use of these other websites. Any links to other websites should not be construed as any endorsement or recommendation of such other websites by Gunner Training.

Disclaimer and Limitation of Liability

THIS SITE AND THE INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED HEREIN (COLLECTIVELY THE “CONTENTS”) ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. GUNNER TRAINING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE CONTENTS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EXCEPT AS MAY BE EXPRESSLY STATED ON THIS WEBSITE, NEITHER MEDICAL LEARNING SYSTEMS, LLC NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OTHER AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE INFORMATION OR CONTENTS AVAILABLE FROM THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
THE CONTENTS OF THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE. GUNNER TRAINING MAY MAKE IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THIS SITE, THE CONTENTS HEREOF, AND THE PRODUCTS AND SOFTWARE DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.

Governing Law

This User Agreement will be governed by the laws of the State of Massachusetts applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State of Massachusetts and Suffolk County and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Review and Correction; Questions

If you are a registered member of the Gunner Training Site, you may review and update your personal data by clicking the “My Account” link on your personal login page. If you have any questions about our treatment of your data, or if you wish to update your personal data, you can send an email to support@gunnertraining.com.

Cancellation of Subscription

You may cancel your subscription within 120 hours (5 days) of initial signup by sending a cancellation email to support@gunnertraining.com with your subscription information or by sending a letter to [ADDRESS] and receive a full refund.

The Gunner Training Site is a subscription based site. As such, we will automatically charge your credit card on a monthly basis until you take specific action to cancel your subscription. The specific date that these charges will be incurred is dictated by the date on which you signed up for our service. You can cancel your subscription under the “My Account” link on your personal login page, or by emailing us at support@gunnertraining.com. If you cancel your subscription, your account will remain active until the date on which your next subscription fee would have been charged. Medical Learning Systems, LLC and the Gunner Training Site will not provide a prorated refund of unused time.

Termination

We reserve the right to suspend the Gunner Training Site or terminate this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.

We specifically reserve the right to suspend or terminate, without refund, your account for suspected abuse of the Gunner Training Site or its contents. This includes User behavior that would be consistent with copying and pasting content into external applications.