These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, POCUS 101 accessible at pocus101.com. POCUS 101 and all of its subdomains are owned under Physician Zen LLC.
These Terms will be applied fully and affect to your use of this Website: Courses.Pocus101.com. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
This Licensing Agreement (“Agreement”) is entered into as of date noted on subscription form by the licensee and POCUS 101 and sets forth the terms and conditions of Licensee’s and its authorized users’ (“Authorized Users”) access to the POCUS 101 Courses, a comprehensive point of care ultrasound curriculum, intended to be used for self-directed learning.
1. Description of Materials: The ultrasound curriculum encompasses a comprehensive compendium of point of care ultrasound tutorials on the most common point of care ultrasound topics. Each course will include instructional videos, quizzes, and certificates of completion. The courses can be accessed by desktop, smart phone, or tablets with access to browsers and internet connection.
2. Licensee Sign‑Up/Password Access to the Curriculum. Upon execution of this Agreement, POCUS 101 will provide the Licensee logins access to the courses.
3. License. Subject to the terms and conditions of this Agreement, POCUS 101 grants Licensee a non‑exclusive, non‑transferable, limited right and license for the Authorized Users to access the Licensed Content in accordance with the terms and during the term of this Agreement. Licensee agrees that it shall have its Authorized Users to comply with the terms of this Agreement.
4. Ownership and Limitation of License. Any and all content created or provided by POCUS 101 is the sole and exclusive property of POCUS 101. Licensee and its Authorized Users may not download, transmit, copy, store, publish or distribute any POCUS 101 Courses Materials in any form or by any means, except as expressly set forth in this Agreement, or as otherwise authorized in writing by POCUS 101. By indicating acceptance of these terms, Licensee is entitled to use them according to the terms of this Agreement.
5. Term. The term of this Agreement is a one-year subscription (unless specified on quote/invoice to be different duration) to receive the Licensed Content for individual users and automatic renewed unless cancelled by Licensee.
6. Site Licensee Fee: Licensee is responsible to pay an annual License Fee set forth by the current subscription. This is payable by credit card payment or check.
7. Termination by POCUS 101. POCUS 101 may terminate this Agreement (i) if Licensee should be more than thirty (30) days delinquent in the payment of any Licensing Fee, or (ii) if Licensee or any Authorized User breaches any term or condition of this Agreement. In addition, POCUS 101 may terminate this Agreement at its sole discretion in the event POCUS 101 discontinues the Curriculum in which event POCUS 101’s sole liability to Licensee shall be to refund the pro‑rated portion of the unused Licensing Fee paid by Licensee for the then current annual term.
8. Use of Licensed Content. The sole use of the Licensed Content is for Licensee’s and each Authorized User’s non-commercial, educational use in connection with Licensee’s self-directed learning or medical education program.
9. Disclaimer of Warranties. In providing the Licensed Content, POCUS 101 is not engaged in rendering medical advice or diagnosis or other medical or professional services. The Licensed Content is made available for Licensee’s and its Authorized Users for educational and informational purposes only and not as a substitute for Licensee’s or its Authorized Users’ analysis or judgment. Licensee and its Authorized Users must exercise professional judgment when using any information contained in the Licensed Content and take sole responsibility for its use. Although great length has been taken to make sure the information is as up to date and accurate as possible, the curriculum is provided “as is” with no guarantee of completeness, accuracy or timeliness. Pocus 101 does not warrant that access to or use of the licensed content, the curriculum, the information provided therein or services provided therewith will be uninterrupted or error‑free. POCUS 101 expressly disclaims all warranties of any kind, express or implied, including, but not limited to, any warranties of availability, performance, merchantability, or fitness for a particular purpose.
10. Limitation of liability. POCUS 101 shall not be liable for consequential, special, incidental, exemplary or punitive damages arising directly or indirectly out of licensee’s or its authorized users’ use of the licensed content or for licensee’s and its authorized users’ reliance on any information provided by or in the licensed content or curriculum materials, even if POCUS 101 has been advised of the possibility of such damages. POCUS 101’s liability to licensee for any claim for damages relating to the licensed content and/or the curriculum materials, regardless of the form of the action, and whether based in contract or tort, shall be limited in the aggregate to the amount of the licensing fee paid by licensee for the then current term.
11. General. The performance of POCUS 101 hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like. This Agreement shall be governed by and construed under the laws of the State of California. This Agreement may not be assigned or transferred by Licensee. All notices hereunder shall be given in writing to the institutional contact person and to Licensee at the address set forth herein. This Agreement embodies the entire understanding between the parties with respect to its subject matter, supersedes any and all related prior oral or written understandings and agreements and may be amended only by a writing signed by the parties. If any provision of this Agreement is found by a court of competent jurisdiction to be void, illegal, or unenforceable, that provision shall be modified by the court so as to render it valid and enforceable in accordance with the original intent of the parties herein; or, if such modification is impossible, or the court is unable under the law to make such a modification, then that provision or clause shall be stricken from the Agreement. In either event, the parties agree that the remainder of this Agreement shall remain in full force and effect.
“Data” include all Personally Identifiable Information (PII) and other non-public information. Data include, but are not limited to, student data, metadata, and user content. POCUS 101 may use deidentified Data for product development, research, or other purposes. De-identified Data will have all direct and indirect personal identifiers removed. This includes, but is not limited to, name, ID numbers, date of birth, demographic information, location information, and school ID. Furthermore, POCUS 101 agrees not to attempt to re-identify deidentified Data and not to transfer de-identified Data to any party unless that party agrees not to attempt reidentification. POCUS 101 will not use any Data to advertise or market to students. POCUS 101 will not change how Data are collected, used, or shared under the terms of this Agreement in any way without advance notice to and consent from the Licensee. POCUS 101 will only collect Data necessary to fulfill its duties as outlined in this Agreement. POCUS 101 will use Data only for the purpose of fulfilling its duties and providing services under this Agreement, and for improving services under this Agreement. POCUS 101 is prohibited from mining Data for any purposes other than those agreed to by the parties. Data mining or scanning of user content for the purpose of advertising or marketing to students is prohibited. Data cannot be shared with any additional parties without prior written consent of the User except as required by law. POCUS 101 will ensure that all Data in its possession are archived or transferred to the Licensee when the Data are no longer needed for their specified purpose, at the request of the Licensee. Parties agree that Data, shall remain the exclusive property of the Licensee, and POCUS 101 has a limited, nonexclusive license solely for the purpose of performing its obligations as outlined in the Agreement. This Agreement does not give POCUS 101 any rights, implied or otherwise, to Data, content, or intellectual property, except as expressly stated in the Agreement. This includes the right to sell or trade Data. Any Data, related to the Licensee and held by POCUS 101 will be made available to upon request by the Licensee. POCUS 101 will store and process Data in accordance with industry best practices. This includes appropriate administrative, physical, and technical safeguards to secure Data from unauthorized access, disclosure, and use. POCUS 101 will conduct periodic risk assessments and remediate any identified security vulnerabilities in a timely manner. POCUS 101 will also have a written incident response plan, to include prompt notification of the Licensee in the event of a security or privacy incident, as well as best practices for responding to a breach of PII. POCUS 101 agrees to share its incident response plan upon request. POCUS 101 will not use the Licensee’s entity name without prior written approval.