Step 2 Clinical Skills Calendar and Scheduling Web Site User Agreement

The Step 2 Clinical Skills (Step 2 CS) Calendar and Scheduling Web Site (the “Step 2 CS Calendar and Scheduling Site”) is a collaborative service offered by the Educational Commission for Foreign Medical Graduates (“ECFMG®”) and the National Board of Medical Examiners® (“NBME®”) (collectively, "the Proprietors"). All material contained on the Step 2 CS Calendar and Scheduling Site, unless otherwise indicated, is owned by ECFMG and/or NBME and is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations.

By visiting the Step 2 CS Calendar and Scheduling Site, you (also referred to herein as “User”) accept this User Agreement and agree to be legally bound by the terms and conditions contained herein. The Proprietors reserve the right to change the User Agreement, and your use of the Step 2 CS Calendar and Scheduling Site following reasonable notice of such modifications will be deemed acceptance of any changes to this User Agreement.

USE OF THE SITE. The Proprietors grant you permission to use the Step 2 CS Calendar and Scheduling Site in order to schedule, cancel and/or reschedule your Step 2 Clinical Skills exam, subject to your compliance with this User Agreement. Users may print and download materials and information from the Step 2 CS Calendar and Scheduling Site solely for personal and noncommercial use, provided that (1) Users do not remove or alter any copyright, trademark or other proprietary rights notices contained in the materials, and (2) no documents or images from the Step 2 CS Calendar and Scheduling Site are used on any other web site or downloaded to any other networked computer system without the express written consent of the Proprietors.

PRIVACY POLICY. The Step 2 CS Calendar and Scheduling Site is used for checking available test dates; indicating preferences for test dates and centers; and scheduling, canceling and/or rescheduling the Step 2 Clinical Skills exam. No personal information is collected from applicants unless they indicate preferences for test dates and centers or reschedule an examination and pay the rescheduling fee. To indicate preferences, an applicant must provide an e-mail address. To reschedule, an applicant must provide personal information, such as name, mailing address, e-mail address, and relevant credit card or checking account information. In an effort to protect the privacy of Users, Secure Sockets Layer ("SSL") technology is employed to secure the payment information provided in connection with the rescheduling fee. While the Proprietors have endeavored to create a secure and reliable web site, please be advised that the confidentiality of any communication or material transmitted to or from the Step 2 CS Calendar and Scheduling Site over the Internet cannot be guaranteed.

Also be advised that the Proprietors may use third-party vendors, such as VeriSign and TeleCheck, in order to process your on-line payments. By paying for your rescheduling fee by on-line check, you authorize TeleCheck to obtain a report of your check-writing history in order to prevent fraud and for other authentication purposes. Please see VeriSign's Privacy Policy at http://www.verisign.com/truste/index.html and TeleCheck's Privacy Policy at http://firstdata.com/en_us/privacy.html for more information regarding their security and privacy practices.

Except as described above, the Proprietors do not share your credit card or checking account information with any third parties for any reason. Please refer to ECFMG’s and NBME’s respective policies regarding the collection and use of non-public personal information on pages other than the Step 2 CS Calendar and Scheduling Site. Click here for ECFMG's privacy policy https://www.ecfmg.org/annc/privacy.html and here for NBME's privacy policy http://www.nbme.org/about/copyright.html.

PROVISION OF INFORMATION. When you provide information to the Proprietors through the Step 2 CS Calendar and Scheduling Site, you agree to provide true, accurate, current and complete information. You also agree not to impersonate any person or entity, misrepresent an affiliation with another person, entity or association, or conceal your identity from the Proprietors for any reason.

DISCLAIMERS. EXCEPT FOR DIRECT DAMAGES ARISING FROM THE WILLFUL MISCONDUCT OR NEGLIGENT ACTS OF THE PROPRIETORS, YOU ASSUME THE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THE STEP 2 CS CALENDAR AND SCHEDULING SITE. SUBJECT TO THE FOREGOING, THE STEP 2 CS CALENDAR AND SCHEDULING SITE AND THE INFORMATION CONTAINED THEREIN ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE PROPRIETORS MAKE NO REPRESENTATIONS ABOUT THE LEGALITY OF THIS AGREEMENT IN YOUR JURISDICTION.

IN NO EVENT SHALL THE PROPRIETORS BE LIABLE, EITHER JOINTLY OR SEVERALLY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE STEP 2 CS CALENDAR AND SCHEDULING SITE, ANY DELAY OR INABILITY TO USE THE STEP 2 CS CALENDAR AND SCHEDULING SITE, ANY DELAY OR INABILITY TO ACCESS YOUR ACCOUNT, UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT, ANY INFORMATION AVAILABLE ON THE STEP 2 CS CALENDAR AND SCHEDULING SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THE STEP 2 CS CALENDAR AND SCHEDULING SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN SUCH JURISDICTIONS, THE PROPRIETORS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE OF THE STEP 2 CS CALENDAR AND SCHEDULING SITE SHALL NOT EXCEED $1,000.00.

EVENTS BEYOND PROPRIETORS' CONTROL. Users expressly absolve and release the Proprietors from any claim of harm resulting from a cause beyond the Proprietors' control including, but not limited to, failure of electronic and mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, software malfunctions, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.

ANTI-HACKING. You may not, nor may you allow others to, directly or indirectly, attempt to or actually disrupt, impair or interfere with, alter or modify the Step 2 CS Calendar and Scheduling Site or any content. You may not, nor may you allow others to, directly or indirectly, collect or attempt to collect any information about others including, but not limited to, passwords, account or other information.

GOVERNING AGREEMENT. The terms and conditions and/or privacy policy of the web site from which the User accessed the Step 2 Clinical Skills Calendar and Scheduling Web Site (i.e., ecfmg.org or nbme.org) shall govern (1) in the event of a conflict between this User Agreement and the terms and conditions and/or privacy policies of the originating web site, or (2) to the extent any section of this User Agreement is found to be unenforceable by a court of law.

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