PLEASE READ THE FOLLOWING TERMS OF USE (THE “AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE ACCESSING, VIEWING, OR OTHERWISE USING THE SITE OR ANY OF ITS SERVICES (AS DEFINED BELOW). THIS CONSTITUTES A BINDING LEGAL CONTRACT BETWEEN EMBLLM, LLC. (“EMBLLM”) AND THE INDIVIDUAL USING ANY DATABASE, SOFTWARE, MOBILE APPLICATION(S), CONTENT, DATA, MATERIALS, DOCUMENTATION, INFORMATION, SERVICES, OR WEBSITES CREATED, PUBLISHED, OR OWNED BY EMBLLM, ITS AFFILIATES, OR ITS LICENSORS (COLLECTIVELY, THE “SERVICES”).

BY ACCESSING OR USING THE SERVICES, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY SUCH TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS CONTAINED HEREIN IN THEIR ENTIRETY, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICES.

BY ACCESSING OR USING THE SERVICES, YOU EXPRESSLY AGREE TO COMPLY WITH THE TERMS OF THIS AGREEMENT AND THE TERMS OF EMBLLM’S PRIVACY POLICY (“PRIVACY POLICY”) (AVAILABLE AT www.embllm.com). THE PRIVACY POLICY IS HEREBY INCORPORATED INTO AND DEEMED PART OF THIS AGREEMENT AS THOUGH FULLY SET FORTH HEREIN. EMBLLM RESERVES THE RIGHT TO MODIFY ITS TERMS OF USE AND/OR ITS PRIVACY POLICY, AT ANYTIME, BY POSTING SUCH MODIFICATIONS TO ITS WEBSITE AND/OR BY DISPLAYING SUCH MODIFICATIONS ELSEWHERE ON THE SERVICES, AS APPLICABLE. YOUR CONTINUED USE OF THIS THE SERVICES AFTER SUCH POSTING SIGNIFIES YOUR AGREEMENT TO THE MODIFIED TERMS.

Throughout this Agreement, EmbLLM, the site, the mobile application, and its Services may be referred to collectively as “we,” “us,” or “our.” References to “you,” “your,” or “user(s)” refer to individuals who access and/or use the Services.

1.     LICENSE. EmbLLM, in consideration of your registration, any subscription fee paid to EmbLLM, and/or your acceptance of the Terms of Use contained herein, grants you a non-exclusive, non-sublicensable, non-transferable license and right to use and access the Services solely for your personal use in accordance with the applicable subscription terms (as may be further provided in EmbLLM’s separate invoice terms or any additional subscription and license terms, entered into by and between EmbLLM and you).

a.     INDIVIDUAL. An individual subscription permits one individual a non-transferable right to access and use the Services for his or her personal, non-commercial, and non-competitive purposes, subject at all times to the terms and conditions contained herein. All forms of content, technology, and materials provided through the Services are either owned, licensed, or controlled by us and our affiliates. All rights not expressly granted to you are reserved by EmbLLM, its licensors, and/or affiliates. This license to access the Services may not be shared or used by more than one individual.

b.    RESTRICTION AGAINST TRANSFER. You may not sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Services (including your username and password) whether by merger, operation of law, or otherwise.

c.     USER RESPONSIBILITY. As a condition to your use of the Services, you may be required to register, thereby creating a username and password. If you register for use of the Services, you agree to receive emails from us related to the Services. You agree to provide and maintain accurate, current, and complete information, as requested in connection with your registration, including but not limited to your contact information and payment information (as applicable). To the extent you use and access the Services on a subscription basis, you are solely responsible for all activity occurring under your account. You agree to maintain the confidentiality of your username and password and are solely responsible for notifying us of any known or suspected breach of security.

d.    FEES. You agree to pay applicable subscription fees for your use of the Services. We may use a third-party payment vendor to process such payments. You represent and warrant that you are the owner or authorized user of any credit card or payment method used. In the event your payment method is unable to be processed, you hereby agree to pay all amounts due upon demand. You agree to pay all costs related to collection, including attorneys’ fees and costs, on any outstanding balance owed by you.

e.     SUBSCRIPTION RENEWAL. In the event you sign up for a subscription to use the Services (monthly, annually, or otherwise), your subscription will automatically renew until you cancel it. You may cancel your subscription at any time by no later than ten (10) days before the next upcoming renewal, and the cancellation will take effect the following month or period. All subscription fees are non-refundable, and no refunds or credits will be issued for partial use or for cancellations made before the end of the current subscription term. If you do not cancel, you agree your subscription will automatically renew under the same subscription terms. We reserve the right to change any fees we charge, including the right to institute new or additional fees, at any time; in the event of such change, EmbLLM agrees to notify you prior to such change taking effect.

f.      TERMINATION. You acknowledge and agree that your use and access to the Services may be cancelled and/or restricted at any time, for failure to comply with any term contained herein, or otherwise in our sole discretion. We reserve the right to refuse registration of, and/or cancel the registration of any user of the Services in our sole discretion. We shall not be liable to you or any third party for any termination of your access to the Services.

2.    OWNERSHIP. The Services, including without limitation all copyrights and other intellectual property rights therein, are the sole and exclusive property of EmbLLM (or its parents, subsidiaries, affiliates, or designees) or third parties. We are the owner of the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics in the Services (collectively, the “Content”) as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world.  By indicating that you accept these terms, you do not become the owner of the Services or any part thereof, but are entitled to use it only according to and consistent with the terms of this Agreement.

3.    PERMITTED USE. You acknowledge and agree that the Services are intended for your personal and non-commercial use. You may occasionally print/share individual articles for personal, clinical, educational or research use and/or email individual articles to a colleague, provided that the articles printed or shared by an individual Authorized User contain in aggregate only insubstantial portions of the Services and include a source reference to EmbLLM and/or the third party provider of such content, and its copyright notice. Under no circumstances may Authorized Users print or email large numbers of articles from the Services. You represent that you are at least eighteen (18) years old. We reserve the right to terminate your use of the Services at any time, with or without any reason. The Services are provided solely for informational purposes and reliance on the Application is purely at your own risk. You will be solely responsible for your use of and reliance on the content contained in the Services and for all decisions and/or actions resulting from your use of the Services. The Services are not a substitute for the medical judgment of a physician or other licensed health care professional. The services are not intended to replace or overrule the judgment or diagnosis of a physician or licensed health care professional and must not be used as the basis for making any diagnosis or treatment recommendation.

4.    PROHIBITED USES. Except as expressly permitted in this Agreement, any copying, printing, distributing, or modifying of the Services is strictly prohibited. No part of the Services may be copied for resale or other commercial use, or posted on public bulletin boards, web sites, Internet domains, or online chatrooms, or hyperlinked, indexed, or otherwise utilized by automated software means, including: search engines, robots, spiders, crawlers, data mining tools, or any other software that aggregates access to, or the content of, the Services. The Services may not be combined with other content in knowledge banks or through similar technologies. No part of the Services may be reverse engineered or included in other software. EmbLLM electronically monitors compliance with this Agreement (or may otherwise audit your use of the Services for compliance with these terms), and reserves the right in its sole discretion to change and or cancel an individual’s user name and password or to disable an IP address without notice in the event of multiple concurrent logins, excessive search quantities or excessive download traffic volumes. You agree to comply with all applicable laws, including all US export laws and regulations, in connection with Your access and use of the Services. The Services are not intended for individuals under the age of eighteen (18).

5.    SUBSCRIPTION TERM. Some of our Services are provided on a subscription basis. For Services pursuant to a subscription, you have obtained the right to use and access the Services for the subscription period for which have agreed to pay subscription fees. At the end of this period, your license and your associated rights will automatically renew for another term, as described in Section 1, above. EmbLLM may embed technology in the Services causing it to become inaccessible after your subscription period. The Agreement and your license to use the Services will also terminate if you fail to comply with any term or condition in this Agreement.

6.    NO MEDICAL ADVICE. The Services, together with any content provided by or through it, is intended for use as medical education only and shall not be construed as medical advice. The Services are intended for health professionals from the United States only. Health professionals who use the Services assume full risk and responsibility for appropriate use of the information available through the Services; EmbLLM recommends that health professionals exercise their own clinical judgment and discretion as to the information provided by or through the Services and confirm all information provided by or through the Services before basing any treatment, decision, or other action on it. Opinions, advice, statements, or other information should not necessarily be relied upon and are not to be construed as professional advice. EmbLLM does not guarantee the accuracy or completeness of any of the information provided and is not responsible for any loss resulting from your reliance on such information. Any information available to users which is either generated and/or posted by other users is in no way endorsed or verified by EmbLLM. You should exercise extreme caution when reviewing any user-generated material.

The Services are not intended for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear in the Services. If You believe that you are experiencing an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by your health care provider or when otherwise needed. You should continue to consult with your primary health care provider and other health care professionals as recommended. Always seek the advice of a qualified physician or other qualified health care professional concerning questions you may have regarding a medical condition and before starting, stopping, or modifying any treatment or medication. We do not endorse any specific medication, pharmacy, product, supplies, equipment, or devices.

7.    USE OF PROFESSIONAL JUDGMENT. The editors and authors of the Services have conscientiously and carefully tried to create information available through the Services that comport with the standards of professional practice that prevailed at the time of publication. EmbLLM uses peer reviewed medical literature that has been evaluated by the referenced source journal. However, standards and practices in medicine change as new data become available and the individual medical professional should consult a variety of sources.

The Services describe basic principles of diseases, diagnostic modalities, and treatment options as well as issues in public health and adjacent medical topics.  The information provided in the Services is no substitute for individual patient assessment based upon the healthcare provider’s examination of each patient and consideration of laboratory data and other factors unique to the patient. The Services should be used as an educational tool to help the user consider various diagnostic and treatment decisions, bearing in mind that individual and unique circumstances may lead the user to reach decisions not presented in the Services. The Services shall not be used in any way to substitute your own judgment.

8.    USER-GENERATED COMMUNICATIONS. You are responsible for all communications, text, graphics, messages, and other content that you upload, post, transmit, or otherwise distribute through the Services and/or any platform(s) provided by the Services. EmbLLM reserves the right to monitor user comments but shall not be responsible for and does not guarantee the accuracy, quality, or validity of any information submitted, posted, or disseminated by any user of the Services. You understand that by using the Services, you may be exposed to content which is objectionable; you agree that EmbLLM is in no way responsible for any content you distribute through your use of the Services, nor any content you come in contact with that has been posted or distributed by other users of the Services.

If you engage in any user-generated communication functions in connection with your use of the Services, whether as the communicator or recipient of such communication(s), you expressly agree as follows: (a) You agree to comply with local, state, and federal laws and regulations governing such communication(s); (b) You agree to refrain from posting, uploading, emailing, or otherwise transmitting any content that infringes on the property or privacy rights of others, is harmful, unlawful, obscene, or defamatory, is an advertisement or solicitation for business, or otherwise violates the terms of this Agreement; (c) You agree that EmbLLM reserves the right to remove communication(s) or content, in its sole discretion, which may violate or fail to conform with the terms herein, or otherwise disrupt the use of the Services by other users; (d) you agree to assign to us all intellectual property right in submission of user generated content. You agree that we shall own this submission and be entitled to its unrestricted use an dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, or other materials. Any submission that is publicly posted on our platform shall also be treated as a Contribution.

When you post Contributions, you grant us a license (including your name, trademark, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformate, translate, excerpt, and exploit your Contributions for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

9.    DISCLAIMER OF WARRANTIES. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE FURNISHED BY EMBLLM “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER. EMBLLM DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EMBLLM, ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS WITH RESPECT TO THE SERVICES HEREUNDER, AND EMBLLM, ITS AFFILIATES AND LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESSED OR IMPLIED, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES OR RESULTS DERIVED THEREFROM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS REGARDING ACCURACY, QUALITY, CORRECTNESS, COMPLETENESS, COMPREHENSIVENESS, SUITABILITY, SYSTEM AVAILABILITY, COMPATIBILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR OTHERWISE (IRRESPECTIVE OF ANY COURSE OF PERFORMANCE, OR USE OF TRADE). ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE SERVICES.

10.  LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT WILL EMBLLM, ITS AFFILIATES, ITS LICENSORS, ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, PROMOTION, OR MARKETING OF THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY WHOSE CLAIM IS RELATED TO THIS AGREEMENT, UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY: FOR (A) LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES OR EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, CONSEQUENTIAL, OR SIMILAR DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER THE APPLICABLE ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) FOR ANY CLAIMS, DAMAGES OR COSTS OF ANY NATURE IN EXCESS OF THE LICENSE FEES PAID BY YOU TO EMBLLM DURING THE TWELVE (12) MONTHS PRECEDING THE EARLIEST EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY AND THE DISCLAIMERS SET FORTH IN SECTION 10 ARE INDEPENDENT OF ANY REMEDIES SET FORTH HEREIN AND WILL SURVIVE AND APPLY EVEN IF SUCH REMEDIES ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS A MATERIAL PART OF THE CONSIDERATION PROVIDED BY THE OTHER PARTY IN EXCHANGE FOR THE RIGHTS GRANTED UNDER THIS AGREEMENT.

Some jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of certain types of loss, fines, costs, expenses or special, indirect, incidental, exemplary, or consequential damages, so the above limitation and exclusion may not apply to you. By using any of the Services provided by EmbLLM, you agree that in no event will EmbLLM, its and their officers, employees, agents, affiliates, licensees, and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the Services available. Your sole remedy for any breach or default of this Agreement by EmbLLM shall be a return of any fees paid to EmbLLM for the Services provided under this Agreement. You indemnify and agree to defend and hold harmless EmbLLM, its and their officers, employees, agents, affiliates, licensees, and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Services, including any breach by you of the Terms contained in this Agreement.

11.   INTERRUPTIONS TO SERVICE. The site and the Services may be subject to limitations, delays, and other problems inherent to the use of the internet and technology. You agree EmbLLM shall not be responsible for any delays, delivery failures, loss, deletion, or failure to store user data, or any other damages resulting from such issues.

12.  USE OF ARTIFICIAL INTELLIGENCE. The content, information, and any materials provided by and through the Services may be generated or supplemented using artificial intelligence systems or tools (“AI”), including machine learning algorithms, natural language processing, and other AI technologies. To the extent content available through the Services utilize such AI technologies, EmbLLM intends to conduct human review of such content and/or material. EmbLLM agrees to take reasonable efforts to review content processed using AI but shall not be responsible for any damages resulting from reliance upon such content and/or material(s).

13. PRIVACY. You acknowledge and agree that the Privacy Policy, available at [www.embllm.com], applies to your use of the Services. This Privacy Policy is designed to inform you about the types of information that EmbLLM may collect from and/or about you when you use the Services, including such tools that may record interactions with EmbLLM and/or the Services, including, but not limited to, clicks, mouse movements, hovers and scrolling, keystrokes in non-excluded fields, IP address, location and similar meta data. We will collect names, phone numbers, email addresses, mailing addresses, job titles, usernames, passwords, NPI numbers, billing addresses, location of medical training, current practice environment, graduation year from training, and debit/credit card numbers. If you are requesting continuing medical education credits, you agree to your personally identifiable information and data being disclosed to Cmfey and third-party accrediting bodies.

14.  THIRD PARTY INTERACTIONS. EmbLLM routinely works with third parties to provide the Services. These third parties may include software developers, marketing partners, and companies that can issue continuing education credits. who may supply and/or be supplied information, content, and/or technology related to the Services. EmbLLM does not have responsibility over such third parties and shall not be held liable for any damage or loss resulting from any third party. However, to the extent EmbLLM works with third parties, you are encouraged to review and agree to its additional and different terms and conditions and privacy policies prior to your use of, or access to the Services. To the extent you request continuing medical education credits related to your use of the Services, you agree your personally identifiable information will be disclosed to third parties in connection therewith.

15.  THIRD PARTY ACCREDITATION. EmbLLM has no responsibility for any aspect of continuing medical education credits that may be issued as a result of your use of the Services.

16.  COPYRIGHT NOTICE. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes on their rights. If you have a good faith belief that any materials provided by, or accessible through the Services infringe on your copyright, you may request consideration of removal of such material(s) by contacting EmbLLM at the email address provided below. Such request should be made along with the following information: (a) Identification of the work you claim to be infringed; (b) the location (e.g., URL) of the copyrighted or trademarked work or material; (c) a description of the material which purportedly infringes on the work and its location within the Services; (d) your name, address, telephone number, and email address; (e) a statement that you have a good faith belief that the use in dispute is not authorized by the copyright owner or under the law; (f) a statement made under penalty of perjury, that the information submitted in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the owner’s behalf; and (g) an electronic or physical signature of the copyright or trademark owner, or individual authorized to act on behalf of the owner.

Designated Copyright Agent

Greg Weingart

Attn: Copyright Agent

2133 Upton Dr

Ste 126 #178

Virginia Beach, VA 23454

United States

greg@embllm.com

17.  MISCELLANEOUS.

a.          SEVERABILITY. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect.

b.         MODIFICATION; WAIVER. This Agreement shall be modified only in writing authorized by EmbLLM. EmbLLM’s waiver of any right hereunder shall not constitute a waiver of that or any other right in the future.

c.          GOVERNING LAW; VENUE; CONSENT TO JURISDICTION; ADDITIONAL TERMS. This Agreement, and any disputes arising out of or related hereto, shall be governed by and enforced in accordance with the laws of the Commonwealth of Virginia, including its statutes of limitations, without regard to any law or statutory provision which would require or permit the application of another jurisdiction’s substantive law. Each party agrees that it will bring any action or proceeding in connection with this Agreement exclusively in the state or federal courts located in Norfolk, Virginia, and that it irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding and waives all objections to jurisdiction and venue of such courts. Each party knowingly, voluntarily, and unconditionally waives its right to jury trial for any dispute in connection with this Agreement.

d.    ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled.

Should you have any questions regarding this Agreement, you may contact EmbLLM.

EmbLLM, LLC

2133 Upton Dr

Ste 126 #178

Virginia Beach, VA 23456

United States

Phone: 757-250-2012

info@embllm.com

EmbLLM, LLC

.