Legal (Terms and Conditions)

The following Terms and Conditions shall govern the educational products and programs provided to you by Certified Medical Representatives Institute ("CMR Institute" or “Institute”) from this web site (the "Site"). CMR Institute is a not-for profit organization dedicated to advancing the healthcare industry through education that builds a better foundation and understanding between and among professionals in the healthcare industry and, ultimately, the patients they serve.

By accessing and using this Site, you acknowledge that you understand these Terms and Conditions and that you accept them and agree to be legally bound by them. You should not use this Site or participate in the educational products and programs if you have any objections to any of these Terms and Conditions.

CMR Institute may revise these Terms and Conditions over time as new features are added to the Site or as Internet law and standards evolve. We will post those changes prominently but you should read these Terms and Conditions each time you visit the Site. You agree to be bound by the specific Terms and Conditions posted on the Site every time you enroll in a module, course, or educational program. 

1. Copyright and Permissions

You may download or make single copies of materials displayed on the Site for your own personal and noncommercial use in connection with an educational program, provided all copies retain the copyright and other proprietary notices displayed with the materials on the Site.

You may not download, transmit, copy or otherwise make available any material from the Site, including any text or images, for public or commercial use, without CMR Institute's prior written permission. You also may not distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the CMR Institute Site without our prior written permission.

None of the material contained on the Site (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of CMR Institute.
All content and material provided by CMR Institute is and shall remain the sole and exclusive property of CMR Institute and you will not share or transfer any CMR Institute material to any third party without exclusive written permission from CMR Institute.  You agree to comply with restrictions regarding the use of copyrighted material pursuant to the federal copyright laws and to take reasonable care to guard and protect all material in your possession.  CMR Institute will pursue all legal remedies and actions available with regard to an intentional breach of copyright and ownership rights by you.

Except as otherwise noted, all content of the CMR Institute Site is "Copyright © 2010 CMR Institute" All Rights Reserved.

CMR Institute has adopted a policy of terminating services to users who willfully and/or repeatedly violate these Terms and Conditions.

For further information regarding permission to use material, please contact us. We can be reached by e-mail at: program@cmrinstitute.org.

2. Trademarks/Service Marks

The trademarks, logos and service marks (collectively the "Marks") displayed on the Site are registered and unregistered Marks of CMR Institute and others. Nothing contained on the Site should be construed as granting any right or license to use any Mark displayed on the Site. Your misuse of any Mark is strictly prohibited. You are also advised that CMR Institute will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. You agree not to display or otherwise use the Marks in any manner without prior written permission from CMR Institute.

CMR Institute actively protects its intellectual property, including its copyrightable subject matter; therefore, it reserves the right to refuse orders for CMR Institute educational products in order to prevent copyright infringement.

3. Privacy

CMR Institute's policy is to respect and protect the privacy of our users. CMR Institute agrees to exercise reasonable precautions to maintain the confidentiality of information provided by you in connection with accessing this Site. CMR Institute does not collect personal information about individuals except when specifically and knowingly provided by such individuals and will not sell, rent or trade personal information about our users to any third party. Notwithstanding the foregoing, CMR Institute may disclose personal information in special cases: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) CMR Institute's rights or property or anyone that could be harmed by such activities; (2) when we believe in good faith that the law requires it; (3) to any third party who acquires CMR Institute; (4) in situations involving threats to the physical safety of any person; and (5) to any division of CMR Institute. Additionally, if you choose to enroll in a CMR Institute program, course, or module, CMR Institute will share information including tracking, activity and score reports with the personnel of any sponsoring company as necessary to provide service to you.

4. "Cookies"

Non-personal information and data may be automatically collected on the Site through the use of "cookies." "Cookies" are small text files (no larger than 4k) stored as text on a computer hard drive. Web sites can use cookies to recognize repeat visitors, facilitate the visitor's ongoing access to and use of the site, and allow a site to track usage behavior and compile aggregate data that will allow content improvements. "Cookies" are not programs that come onto your system and damage files. The use of "cookies" is common in the Internet industry, and many major web sites use them to provide useful features to their customers. Generally, "cookies" work by assigning a unique number to the visitor that has no meaning outside the assigning site. If a visitor does not want information collected through the use of "cookies," there is a simple procedure in most browsers that allows the visitor to deny or accept the cookie feature. CMR Institute uses "cookie" technology only to obtain non-personal information from its online visitors in order to improve visitors' online experience and facilitate their visit within our Site.

5. Links

This Site contains links to other sites, including the sites of educational collaborators and journals. CMR Institute is not responsible for the privacy practices or the content on any of these other web sites, including any sites that may indicate a special relationship or "partnership" with CMR Institute. CMR Institute does not disclose unique identifiers to those responsible for the linked sites. The linked sites, however, may collect personal information from you when you link to their site. This collecting of information is not subject to CMR Institute's control. To ensure protection of your privacy, always review the privacy policies of the sites you visit by linking from this Site.

6. Our Commitment to Children's Privacy

Protecting the privacy of the very young is especially important. We never collect or maintain information at the Site from persons we know to be under age 13, and no part of our Site is designed to attract anyone under age 13. Please do not communicate with or contact us if you are under age 13.

7. How You Can Review or Correct Your Personal Information

You can contact CMR Institute at program@cmrinstitute.org to ask if we are keeping personal information about you. If we do have personal information about you, we will provide you with a readable copy of such personal information at no charge.

Factual errors in your personal information, including out-of-date information, can be corrected by sending us a request that credibly shows our error. You may also update your personal information by changing your profile if you have an active username and password to access our online learning environment. 

8. Opt-Out Procedures

You may always opt-out of receiving communications from us. To opt-out of receiving future communications from CMR Institute, send an e-mail to program@cmrinstitute.org with the word "remove" in the subject line. You may also elect to opt-out of certain emails from the Online Learning Center by selecting “My Workspace” from the drop menus and then clicking on “My Messages.” If you are an active learning participant you may not opt-out of reminder emails regarding open content items. 

9.  Security Statement

In an effort to safeguard your personal information, CMR Institute utilizes some of the most advanced technology for Internet security available today.  When our Site is accessed, you are using industry standard Secure Socket Layer (SSL) technology, ensuring that your data is safe and secure.  In addition, learn.cmrinstitute.org is hosted in a secure server environment that uses a firewall and other advanced technologies to prevent interference or access from outside intruders.

10. Prices, Shipping and Handling Charges, Taxes and Customs

Prices for enrollment into programs, courses, or modules are listed on the Site.  Pricing information can also be obtained by contacting a Client Advisor at 800-328-2615 or program@cmrinstitute.org.  Shipping and handling for print materials will be charged in addition to the list price. CMR Institute will not charge you for any taxes, but you may be responsible for sales taxes and/or other taxes in the state where you reside.

11. Payment Terms, Orders

Terms of payment shall be determined at CMR Institute's discretion.  For Individual orders, payment is due at the time the order is placed.  Payment for individual orders may be made by check or credit card and are subject to the approval of the relevant financial institution. CMR Institute shall not be liable in any way if such financial institution refuses to accept or honor the check or credit card for any reason. Companies may also place quantity orders by sending an e-mail message to program@cmrinstitute.org or by calling 800-328-2615.

12. Delivery

If you decide to enroll in a CMR Institute course and have the materials physically shipped to you, delivery of initial materials will be by USPS. Additional materials, instructions, reminders and other communications may be sent via e-mail or USPS. CMR Institute may deliver the material ordered in installments. All delivery dates given by CMR Institute are estimates only, and CMR Institute is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with delivery dates. Estimated delivery dates are provided to you during the ordering process. If the materials cannot be transmitted when stated, CMR Institute will send an e-mail notification informing you of the new date.

13. Materials

All printed and online copy materials will conform to CMR Institute's specifications. If you believe any information or data to be inaccurate or defective, you shall hold it for inspection by CMR Institute. Once a course is “launched” on the Site, it cannot be returned or removed from a student transcript for any reason.  Printed materials can be returned for credit within 30 days of receipt if the materials are unopened and not damaged in any way unless otherwise agreed to in writing by CMR Institute. If an exam has been launched on the Site, the exam will always remain on a student transcript. If an exam retake is given, all scores for an exam will show up on a transcript.

CMR Institute reserves the right to discontinue delivery of materials and/or provision of its service at any time.

Determination of the suitability of materials ordered is your sole responsibility. CMR Institute disclaims any responsibility in that regard.

14. Support and Communications

CMR Institute maintains Client Advisors to assist students.  Hours of operations are 9am to 5pm EST Monday through Friday.  CMR Institute can be reached via phone at 800-328-2615 or email at program@cmrinstitute.org.  All inquiries are responded to within two business days.  Site help can also be found by clicking on the blue question mark symbol found in the top right corner of every page if you are logged into the online learning Site.  CMR Institute will send course reminders, notices and other important news and information to all students via email. Use of an email address and provision of this email address to the Institute is mandatory. 

15. Non-Discrimination Policy

The Certified Medical Representatives Institute admits students of any race, religion, color, and national or ethnic origin to all the rights, privileges, programs, and activities generally accorded or made available to students. The Institute does not discriminate on the basis of race, religion, sex, color, or national or ethnic origin in the administration of its educational or admission policies or other programs.

16. Student and Education Related Policies

Advanced Placement

If you feel you are qualified in a subject area you may challenge a course by taking the examination without registering in that course, if allowed by sponsoring company guidelines, if applicable. You must notify CMR Institute a week before you intend to take the examination so that CMR Institute may upload the exam to your online learning profile. No course materials are sent from CMR Institute to those who wish to take an advanced placement examination. If you register in a course and receive the course materials, you will be ineligible for advanced placement in that specific course. Retakes are not given for failed advanced placement exams. You must register in that course to obtain the course information and take the examination. Credits toward a CMR Institute program will be awarded for up to three courses for the Advanced Medical Representative Program or the Advanced Sales Management Program in which the CMR Institute exam is passed.

Examinations

Exams are available only via the Internet. If you are accessing an exam, you must read and understand these Terms and Conditions prior to taking an exam.  Credit for courses, modules, or specialty certificates is given when you score 70% or above on any exam.  You may access the Site wherever Internet access is available, 24 hours a day.  A unique username and password is required to log on to the testing web site.  This username and password will be provided to you by CMR Institute.  The same username and password are used to access online content and to register for additional content items.  At the initial login, you will be directed to a welcome page detailing information about the Site.  The first item listed is the Terms and Conditions.  By continuing on the Site, you are agreeing to abide by the Terms and Conditions, including the Honor Code.  The programs of the Institute are self-directed study programs. Examinations are based on course materials, and all exam questions are randomized. Upon completion of the exam, you receive a numerical score.   You are given access to a completion document that may be printed for recordkeeping. You may also access the score from your transcript.  Exam results are reported to sponsoring companies, if any, as requested.

Withdrawal from the Program

If you do not sign up for additional courses or take an exam within a twelve month period, you will be withdrawn from any program of the Institute. CMR Institute will notify you if you are going to be withdrawn approximately three months prior to your withdrawal. You may also be withdrawn based on failure to pay outstanding fees. You may re-enroll in a program and retain credit for the courses previously passed. However, if withdrawn, you may be required to re-register in courses not previously completed.

Payment Policy

If you are sponsored by an employer you should check with your company to determine the company’s policy regarding the payment of fees. Failure to pay the correct fees when due may result in processing delays. CMR Institute accepts checks, money orders, VISA, MasterCard, and American Express.

Refund Policy

For printed courses, the books may be returned and fees will be refunded if you withdraw from a course and return unopened and undamaged materials within 30 days of receipt. There is a $25 processing fee for all refunds. All refunds are processed at the end of each month. Please allow 30 days for processing.  There are no refunds from online courses, library modules, or specialty certificates.  Once any online course material is launched on the Site, it CANNOT be removed from your transcript for any reason. 

Returned Check Policy

There will be a $25 charge for each check returned unpaid by your bank for any reason. You will not receive CMR Institute mailings until balance is paid. Failure to pay the amount of the original unpaid check as well as the $25 charge (by cashier’s check, money order, or credit card) within 30 days of notification may result in withdrawal from the program.
If more than one check is returned unpaid by the bank for any reason, all future payments must be made by cashier’s check, money order, or credit card.

The CMR Institute Honor Code

Any and all students of CMR Institute accept this Honor Code as part of the Terms and Conditions of using this and any site of CMR Institute.  By accepting this Honor Code, you are agreeing to the following:

1.  You will not give or receive any unauthorized assistance, including but not limited to, assistance from any printed, audio, or electronic materials or any individuals, in completing coursework and/or examinations. You understand that plagiarizing material from ANY source is strictly prohibited and is a direct violation of the Honor Code.

2.  When taking CMR Institutes online exams, an electronic record is created.  You recognize that CMR Institute regularly audits these records to ensure that the integrity of the certification and examination process is not compromised.

3.  If your electronic record of examination exhibits any irregularity suggesting that you may have given or received unauthorized assistance, the irregularity will be brought to your attention, and you will have an opportunity to explain the circumstances to CMR Institute.

4.  If after considering your explanation, CMR Institute in its sole discretion determines that the Honor Code has been violated, you agree and acknowledge that CMR Institute may take certain remedial actions.  These remedial actions include, but are not limited to:

• A. Removal from all CMR Institute educational programs, with no refund of any fees paid to CMR Institute; and/or
• B. Notifying third parties, such as your employer and/or sponsoring organization, if any, of the violation.

5.  If CMR Institute in its sole discretion determines that you have breached the Honor Code, there may be consequential and/or incidental damages relating to or arising from the remedial actions taken by CMR Institute.

6.  By enrolling in a CMR Institute content item or by taking a CMR Institute examination, you agree to hold CMR Institute harmless from and against any such damages, and waive any right that you may have to assert a claim against CMR Institute, including for invasion of privacy or interference with business relations.

7.  You warrant and represent that you are over eighteen years of age.  Your continuation with the CMR Institute Site certifies that you understands and agrees to the Honor Code.

CMR Institute reserves the right to withdraw any student who violates the Honor Code.

17. Disclaimers and Limitation of Liabilities and Warranties

CMR INSTITUTE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE PRODUCTS EVEN IF CMR INSTITUTE WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. CMR INSTITUTE MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE PRODUCTS/MATERIALS/SERVICES, ALL OF WHICH ARE BEING SOLD "AS IS." CMR INSTITUTE ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING ANY MATERIALS FROM THE SITE.

Intellectual Property Limitation of Liability

CMR Institute respects the intellectual property of others, and we ask visitors to the Site to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to CMR Institute's designated Copyright Agent:

1. Identification of the copyrighted work(s) that you claim has been infringed;

2. Identification of where the material that you claim to be infringing is located on the Site;

3. A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;

4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner's behalf;

5. Your address, telephone number, and email address; and

6. Your physical or electronic signature.

CMR Institute's designated contact for notification of claims of copyright infringement on the Site is the Service and Support Department which can be reached as follows:

Address: 4423 Pheasant Ridge Road 
                 Suite 100 
                 Roanoke, VA 24018 
Telephone: 800-328-2615 
Fax: 540-989-4720 
E-mail: program@cmrinstitute.org

Similarly, if you believe that any of your trademarks or service marks have been infringed, please notify CMR Institute's designated agent.

Dispute Resolution

Any action based on a breach of the Terms and Conditions herein shall be brought in the state courts or the Federal District Court located in the City of Roanoke, Virginia, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction to prevent such a breach, and grant to CMR Institute its damages and attorneys' fees and such other and further relief as the court may deem appropriate.

Applicable Laws and Jurisdictional Issues

This Site including any services and/or materials shall be governed by the laws of the Commonwealth of Virginia. By visiting the Site, you consent to the jurisdiction of the federal and state courts presiding in the Commonwealth of Virginia and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

Force Majeure

Notwithstanding any other provision contained in these Terms and Conditions, in the event that CMR Institute's performance of any obligation is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of CMR Institute, then CMR Institute shall not be responsible to you for any failure or delay in the performance of its obligations. CMR Institute shall notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, CMR Institute from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

Headings

The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms and Conditions.

No Assignment

You may not assign your rights or obligations under this Agreement without the prior express written consent of CMR Institute.

Invalidity of Provisions

In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

No Waiver

CMR Institute's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

Complete Understanding

These Terms and Conditions constitute the entire understanding between CMR Institute and you with respect to ordering educational products and programs from the Site.

BY USING THE SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL.

For more information about CMR Institute or if you have any questions about our Terms and Conditions, please contact us:

E-mail: program@cmrinstitute.org