PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site.
Exam Xoom, LLC ("Exam Xoom") may revise and update these Terms and Conditions at any time. Your continued usage of the Exam Xoom website ("Exam Xoom Site," or the "Site,") will mean you accept those changes.
The Site Does Not Provide Medical Advice
The Exam Xoom Site is a tool for medical professionals. Users of the Exam Xoom Site should not rely solely on the Exam Xoom Site as a diagnostic tool. Users should treat the Exam Xoom Site as one of many diagnostic tools, and, importantly, users should rely on their own medical knowledge and experience when diagnosing any condition.
Unregistered users may access a database of questions, tests and procedures. Registered clinicians can also access calculation and reporting capabilities. Registered patients can access report information generated by their respective registered clinician. Exam Xoom may collect personally identifiable information as part of the registration process.
The site is not intended or appropriate for patient self-diagnosis. The contents of the Exam Xoom Site, such as text, graphics, images, and other materials created by Exam Xoom or obtained from Exam Xoom's licensors, and other materials contained on the Exam Xoom Site (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
If you think the Exam Xoom Site suggests that a patient may experience a medical emergency, provide appropriate medical advice, including calling 911 immediately. Exam Xoom does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Exam Xoom, Exam Xoom employees, others appearing on the Site at the invitation of Exam Xoom, or other visitors to the Site is solely at your own risk.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of the Content
The Content posted on this Site is protected by the copyright laws in the United States and in foreign countries. Exam Xoom authorizes you to view or download a single copy of the Content solely for your diagnostic purposes only provided that you include the copyright notice located at the end of the material, for example: "©2020, Exam Xoom, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
Title to the Content remains with Exam Xoom or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of Exam Xoom. All rights not expressly granted herein are reserved to Exam Xoom and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of Exam Xoom and Its Licensors
The use of the Exam Xoom Site and the Content is at your own risk.
When using the Exam Xoom Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Exam Xoom and its suppliers. Accordingly, Exam Xoom assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Exam Xoom Site.
The Exam Xoom Site and the Content are provided on an "as is" basis. EXAM XOOM, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Exam Xoom, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the Exam Xoom Site or Exam Xoom.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Exam Xoom Site.
EXAM XOOM, ITS LICENSORS AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION THE CONTENT AND ANY ERRORS THAT MAY BE CONTAINED THERREIN.
IN NO EVENT WILL EXAM XOOM BE LIABLE FOR PERSONAL INJURY, WRONGFUL DEATH, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.
Exam Xoom, its licensors and affiliates shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000. Exam Xoom, its licensors, its suppliers, or any third parties mentioned on the Exam Xoom Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
EXAM XOOM MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION RELATING TO ITS PRODUCTS AND SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
EXAM XOOM'S PRODUCTS AND SERVICES ARE OFFERED AS-IS.
User Content and Submissions
If you submit any business information, idea, concept or invention to Exam Xoom by email, you agree such submission is non-confidential for all purposes.
If you make any submission or post User Content to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to Exam Xoom by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Exam Xoom a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. Exam Xoom may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to Exam Xoom by email. We try to answer every email in a timely manner, but are not always able to do so.
User Submissions — Image, Video, Audio Files
You agree to only post or upload media (like photos, videos, or audio) on the Exam Xoom Site or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Exam Xoom Site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site.
By uploading any media on the Exam Xoom Site or a Social Media Platform like a photo or video: (a) you grant to Exam Xoom a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Exam Xoom to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify Exam Xoom and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms and Conditions. Any information uploaded to a registered clinician's account will not be shared in accordance with HIPPA privacy obligations.
Exam Xoom reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
Exam Xoom has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Exam Xoom passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Exam Xoom account and password; (3) promptly inform Exam Xoom if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located at the bottom of every page of our site. You grant Exam Xoom and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Exam Xoom cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Exam Xoom tools and services.
User Content Guidelines
If you use, or post User Content on, a Public Area such as blogs, or our Physician Directory, or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. Exam Xoom and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Exam Xoom in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or "spamming";
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Site, or which, in the judgment of Exam Xoom, exposes Exam Xoom or any of its customers or suppliers to any liability or detriment of any type; or
- Posting protected Patient Health Information.
Exam Xoom Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the Exam Xoom Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform.
- Edit or delete any communication(s) posted on the Exam Xoom Site, regardless of whether such communication(s) violate these standards.
Exam Xoom or its licensors have no liability or responsibility to users of the Exam Xoom Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
Exam Xoom may provide links to third-party web sites. Exam Xoom also may select certain sites as priority responses to search terms you enter and Exam Xoom may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Exam Xoom does not recommend and does not endorse the content on any third-party websites. Exam Xoom is not responsible for the content of linked third-party sites, sites framed within the Exam Xoom Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Exam Xoom does not endorse any product, service, or treatment advertised on the Exam Xoom Site.
You agree to defend, indemnify, and hold Exam Xoom, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms and Conditions.
Exam Xoom is based in the Columbus, Ohio metropolitan area, in the United States of America. Exam Xoom makes no claims that Exam Xoom, or any Site within the Exam Xoom Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Exam Xoom Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with Exam Xoom, or in any way relating to your use of the Exam Xoom Site, resides in the courts of the State of Ohio and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Ohio in connection with any such dispute including any claim involving Exam Xoom or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Exam Xoom's copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Exam Xoom's agent for copyright issues relating to this web site is as follows:
Lech Law, LLC
Attn: Exam Xoom Office of Privacy
P.O. Box 3473
Dublin, OH 43016
In an effort to protect the rights of copyright owners, Exam Xoom maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Thank you for your cooperation. We hope you find the Exam Xoom Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to:
Exam Xoom, LLC
7259 Talanth Place
New Albany OH 43054.