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NBOME

Terms of Use

This page (together with the documents referred to on it) informs you of the terms of use on which you may access our website www.nbome.org (“Website”), whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Website. By using our Website, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Website.

Information About Us

www.nbome.org is a site operated by the National Board of Osteopathic Medical Examiners (“NBOME”). NBOME is a nonprofit corporation incorporated and registered in Indiana.

Accessing Our Website

Access to our Website is permitted on a temporary basis, and we reserve the right to amend the information or withdraw the services we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period. References to Website as used in these terms includes the NBOME Portal where information regarding candidate exam scheduling and results can be obtained.

Registered Users Account, Password, and Security

In consideration of your use of the Website, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant portions of the Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access to the Website and refuse any and all current or future use of the Website, or any portion thereof.

You are solely responsible for maintaining the strict confidentiality of your User IDs and passwords and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your User IDs/passwords, your disclosure of your User IDs/passwords, or your authorization to allow another person to access and use the Services using your User IDs/passwords. You agree to immediately notify us if you become aware of any unauthorized use of your User IDs/passwords or other need to deactivate a User ID/password due to security concerns.

Additional Terms

You may be asked to indicate your acceptance to these Terms of Use when registering for an NBOME Account or when using certain services. If you choose to use any of the services provided through this site, you may be asked to electronically agree to the terms customized to those services. In the event a specific service’s terms and conditions are in conflict with these Terms, the terms and conditions of the specific service will take precedence.

Updates

We aim to update our Website regularly, and may change the content at any time. We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Website (including but not limited to the services other intellectual property rights offered on or via the Website) and in the material published on it. Those works are protected by copyright laws, and treaties around the world.

Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged. You must not use any part of the materials on our Website for commercial purposes without obtaining a license to do so from NBOME.

Certain users affiliated with osteopathic medical schools and residency programs are provided with access to exam results and/or scores for the limited purpose of verifying the achievement of academic and residency program requirements. Use of such information for any purpose beyond the scope of the license granted herein, including but not limited to use for research purposes, is not permitted unless approved by NBOME in advance in writing. Users who access such exam results and score information agree that they shall defend, indemnify and hold NBOME harmless from any claims, expenses, costs or liability arising out of the access or use of information not in compliance with these terms.

No Medical Advice

This website is provided for informational purposes only and is not intended as medical advice or as a substitute for the advice, diagnosis, or treatment provided by a qualified medical professional.

Our Liability

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy or completeness. To the extent permitted by law, we hereby expressly exclude:

  • all conditions, warranties and other terms which might otherwise be implied by statute, law or otherwise;
  • any liability whatsoever incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • direct, indirect or consequential loss or damage;
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
    • or any other loss or damage of any kind, however arising and whether caused by infringement of general laws (including the omission to act in accordance with reasonable carefulness), breach of contract or otherwise, even if foreseeable.

These Terms of Use do not affect our liability for claims which cannot be excluded or limited under applicable law.

Information about You and Your Visits to our Website

We process information about you in accordance with our Privacy Policy Privacy Notice — NBOME. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate and complete.

Permitted Use and Access

NBOME grants you a personal, non-exclusive, non-transferrable, limited license to access our site for your personal or professional use. You may use our Website only for lawful purposes.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious, technologically harmful or designed to disrupt the current operation of our Website. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website or any portion thereof including but not limited to the NBOME Portal. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

Unauthorized access to the site includes, but is not limited to: accessing any part of the site, services, content, data, or information you do not have permission or authorization to access or for which your access has been revoked; overriding any security feature or bypass or circumvent any access controls or use limits employed to prevent or limit access to any area of the site or server; access content or data not intended for you or logging into a server or account which you are not authorized to access; hacking, password mining, application of scripts or other electronic mechanisms; or using any other illegitimate means.

Further, you may not engage in any activities that could damage, disable, or impair any NBOME server; take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; collect content or information or otherwise mirror or access our site using automated means (such as harvesting bots, robots, spiders, or scrapers); or modify, copy, distribute, or make any attempt to discover the source code, algorithms, or processes of this site.

In the event of such a breach, your right to use our Website will cease immediately.

Linking and Framing

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our Website other than as set out above, please address your request to ClientServices@nbome.org.

Links from our Website

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. If you use these links, you will leave our Website. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our Website, you do this entirely at your own risk.

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of these Terms of Use. Where a breach has occurred, we may take such action as we deem appropriate.

Failure to comply with these Terms of Use constitutes a material breach of the terms upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our Website;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
  • issue a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

Jurisdiction and Applicable Law

As NBOME is incorporated in Indiana, the federal and state courts of Indiana will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your state or country of residence or any other relevant country.

These Terms of Website Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Indiana.

Trade Marks

NBOME trademarks (“Marks”) appearing on this site may not be used in any advertising or publicity, or otherwise to indicate NBOME’s sponsorship of or affiliation with any product or service, without NBOME’s prior express written permission. You are prohibited from using NBOME Marks or any names, marks, or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of NBOME. You agree you will not alter any NBOME Mark in any manner to make it appear that NBOME is endorsing, sponsoring, authorizing or affiliated with you, your company, or any third party, except as expressly permitted in writing by NBOME.

Inquiries

If you have any questions regarding these Terms of Use, you may contact us at:

National Board of Osteopathic Medical Examiners (NBOME)
101 W. Elm Street
Conshohocken, PA 19428
Phone: 866.479.6828
ATTN. General Counsel
Email: legal@nbome.org

Waiver

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this agreement.

Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this agreement.

Survival of Terms

Any provision of these Terms of Use which by its nature must survive the termination of this agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights and licensing provisions set forth in this agreement.

Date Updated: November 1, 2022