Last Modified: March 6, 2026

ACCEPTANCE OF THE TERMS OF USE

SimMed Learning Systems LLC (referred to as "the Company," "we," or "us") operates an AI-powered board examination preparation platform for licensed plastic surgeons (the "Platform"). This Terms of Use agreement forms a legally binding contract between you (the registered subscriber, referred to as "You" or "User") and the Company. This agreement governs your access to and use of our website at www.simmedlearning.com, our mobile application available on iOS and Android devices (the "App"), our integrated physician discussion forum (the "Forum"), our subscription services, and our AI-powered simulation and preparation tools (all of the foregoing collectively referred to as the "Platform").

By accessing or using any part of the Platform, you acknowledge that you have thoroughly reviewed, comprehended, and consented to be legally bound by these Terms of Use.

IMPORTANT: PLEASE REVIEW THESE TERMS THOROUGHLY BEFORE USING THE COMPANY'S PLATFORM, AS THEY ESTABLISH A BINDING LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. IF YOU DO NOT ACCEPT ALL PROVISIONS OF THESE TERMS OF USE, YOU ARE STRICTLY FORBIDDEN FROM ACCESSING THE PLATFORM AND MUST CEASE ALL USE IMMEDIATELY.

The Platform is designed exclusively for use within the United States (including the contiguous 48 states, Hawaii, and Alaska). It is not available in U.S. territories, including Puerto Rico, Guam, the U.S. Virgin Islands, the Northern Mariana Islands, or other territories, nor in any international location. Users who access the Platform from outside the authorized geographic area do so without authorization and in violation of these Terms.

CHANGES TO THE TERMS OF USE

The Company maintains the authority, at its exclusive discretion, to implement revisions or amendments to these Terms of Use at any time and for any purpose. Notice of such modifications will be provided through updates to the "Last Modified" date displayed on these Terms of Use, and you hereby relinquish any entitlement to individual notification of such modifications. You bear the responsibility for regularly reviewing these Terms of Use to remain current with any updates. Your ongoing use of the Platform following the publication of any amended Terms of Use will constitute acknowledgment and acceptance of such revisions, and you will be considered legally bound by the updated terms.

ELIGIBILITY AND AGE REQUIREMENTS

The Platform is designed exclusively for licensed plastic surgeons and credentialed medical professionals preparing for the national board examination offered through the American Board of Plastic Surgery. To use the Platform, you must:

•         Be at least twenty-one (21) years of age

•         Be a licensed physician or surgeon in good standing

•         Maintain an active subscription in accordance with these Terms

•         Be physically located within the United States (excluding U.S. territories) at the time of use

By using the Platform, you represent and warrant that you meet all eligibility requirements. The Company reserves the right to terminate any account if these requirements are not met or if the Company has reason to believe eligibility requirements have not been or are no longer satisfied.

ACCOUNT REGISTRATION AND SECURITY

Account Registration

Access to the Platform requires the creation of a registered account and purchase of an active subscription. You agree to:

•         Provide true, accurate, current, and complete registration information

•         Maintain and update your information to keep it accurate and current

•         Maintain the security and confidentiality of your login credentials

•         Be responsible for all activity that occurs under your account

•         Notify us immediately of any unauthorized access or security breach

Your account is personal to you. You agree not to share your login credentials or provide others access to the Platform using your account. Each subscription is licensed to a single individual user only.

Account Security Requirements

To protect your account, you must:

•         Notify us immediately at [email protected] of any unauthorized access to or use of your username or password

•         Ensure that you exit from your account at the end of each session

•         Use particular caution when accessing your account from a public or shared computer or mobile device

We reserve the right to disable any username, password, or other identifier at any time if, in our opinion, you have violated any provision of these Terms of Use.

Mobile Application Account Access

The Platform is accessible via both a web browser and the SimMed mobile application (available on iOS and Android). Your account credentials are shared across both interfaces. All account security requirements apply equally to your use of the mobile application. You are responsible for securing your mobile device and ensuring that unauthorized individuals do not gain access to the App through your device.

You may be required to enable device-level authentication (such as Face ID, Touch ID, or a device passcode) as a condition of using the mobile application. The Company is not liable for unauthorized access to your account resulting from loss, theft, or compromise of your mobile device.

Platform Availability

We reserve the right to withdraw or amend the Platform, and any service or material we provide, in our sole discretion without notice. This includes the right to push mandatory updates to the mobile application that may temporarily interrupt access. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.

SUBSCRIPTIONS, BILLING, AND PAYMENT

Subscription Services

The Platform is offered exclusively as a subscription-based service. Access to the Platform’s simulation tools, Forum, and AI features requires an active, paid subscription. Upon subscribing, you will be granted access to all Platform features—including the web application, mobile application, and Forum—for the duration of your active subscription period.

Pricing and Billing

The Company sets all subscription pricing. We reserve the right to modify pricing at any time at our sole discretion. Any pricing changes will be disclosed to you prior to your next billing cycle. Your continued use of the Platform following a pricing change constitutes your acceptance of the revised pricing.

Subscriptions are billed on a recurring basis (monthly or annual, as selected at the time of purchase). Payment is processed through Stripe, our third-party payment processor. By providing your payment information, you authorize the Company and Stripe to charge the applicable subscription fees to your designated payment method on a recurring basis until cancellation.

The Company accepts payment by major credit card only. No other payment methods are currently accepted.

In-app purchases through the Apple App Store or Google Play Store, if made available in a future version of the App, will be subject to those platforms’ respective billing terms in addition to these Terms of Use.

Cancellation

You may cancel your subscription at any time through your account settings (accessible on both the web platform and the mobile application) or by contacting us at [email protected]. Upon cancellation:

•         No partial refunds will be issued for any unused portion of your current subscription period

•         You will retain full access to the Platform—including the web platform, mobile application, and Forum—through the end of your current billing cycle

•         Your account will not renew at the end of that billing cycle

•         Forum access will be suspended upon expiration of your subscription period

Refund Policy

Except as described below, all subscription fees are non-refundable.

Board Exam Failure Refund

The Company offers a 100% refund of subscription fees paid by a subscriber who attempts and does not pass the national board examination administered by the American Board of Plastic Surgery, subject to the following conditions:

•         The subscriber must submit a refund request accompanied by written documentation confirming that the board examination was taken and not passed

•         The Company reserves the right to review the subscriber’s usage history and activity on the Platform—across all interfaces—to verify that the Platform was used in good faith to prepare for the examination

•         If the Company, in its sole reasonable judgment, determines that the subscriber failed to meaningfully use the Platform in preparation for the examination, the refund request may be denied

•         If the subscriber used the Platform in good faith to prepare for the examination and did not pass, a full refund will be issued

•         This refund offer applies to the most recent subscription period in connection with the failed examination only

Refund determinations are made at the sole reasonable discretion of the Company’s authorized representative. Submission of fraudulent documentation in connection with a refund request may result in permanent account termination and further legal action.

PLATFORM DEFINITION AND SCOPE

For purposes of these Terms of Use, "Platform" includes:

Website: Our primary website at www.simmedlearning.com, including all pages, subdomains, and associated web properties.

Mobile Application (App): The SimMed iOS and Android mobile applications, available for download through the Apple App Store and Google Play Store. The App provides access to all core Platform features, including AI simulation tools and the Forum, through a native mobile interface.

Forum: The physician-only online discussion community integrated into the Platform and accessible via both the website and the App. The Forum enables credentialed subscribers to discuss examination preparation, share professional insights, and engage with peers. Forum participation is subject to additional terms set forth in the Forum Conduct and User Content section of these Terms.

AI Services: The artificial intelligence features of the Platform, which are powered in part by OpenAI’s large language model ("LLM") API services. Responses generated by the AI are produced by OpenAI’s systems and are not independently authored by the Company.

Materials: Educational content, simulation cases, proprietary use cases, and other informational resources made available through the Platform.

INTELLECTUAL PROPERTY RIGHTS

Ownership

The Platform and all of its contents, features, and functionality—including but not limited to all information, software, mobile application code, text, displays, images, simulation cases, AI interaction frameworks, Forum architecture, and the design, selection, and arrangement thereof—are owned by the Company, its licensors, or other authorized providers of such material and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property laws.

Trademarks

The Company’s trademarks, service marks, trade names, logos, and other proprietary designations used in connection with the Platform are the exclusive property of the Company. These marks may not be used, reproduced, displayed, or distributed without the Company’s express prior written permission.

ACCEPTABLE USE POLICY

Permitted Uses

Subject to these Terms, you are permitted to:

•         Access and use the Platform—via the website and the App—for your personal board examination preparation

•         Upload your own practice use cases for use within your individual account session

•         Review AI-generated responses within the Platform interface for personal study purposes

•         Participate in the Forum in accordance with the Forum Conduct standards set forth in these Terms

•         Print limited portions of non-Forum materials for personal reference, maintaining all copyright notices

Prohibited Activities

You are strictly prohibited from engaging in any of the following:

Platform Content and Process Sharing

•         Taking screenshots, screen recordings, or photographs of any portion of the Platform, Forum, or AI-generated content, whether via the website or the App

•         Sharing, distributing, uploading, or transmitting any Platform content, AI responses, simulation cases, practice materials, or Forum posts to any individual, website, application, or service outside the Platform

•         Engaging in screen sharing of any portion of the Platform with any third party, whether via video conferencing, remote desktop access, or any other means

•         Sharing or disclosing the methods, processes, workflows, or structure of the Platform’s AI simulation system to any person or entity not authorized to use the Platform

•         Reproducing, distributing, or creating derivative works from any Platform content beyond the permitted uses above

Account and Access Violations

•         Sharing your account credentials or providing third parties access through your account

•         Creating multiple accounts to circumvent access limitations or subscription requirements

•         Authorizing or allowing any other individual to use your account or subscription

•         Accessing the Platform from outside the United States, or using VPNs, proxies, or other technologies to circumvent geographic access restrictions

Forum Violations

•         Posting patient-identifying information of any kind in the Forum

•         Using the Forum for advertising, solicitation, or promotion of any product or service

•         Harassing, threatening, defaming, or abusing any other Forum member

•         Posting false, misleading, or irresponsible clinical information in the Forum

•         Impersonating any physician, professional, or other individual in the Forum

•         Posting any content in the Forum that violates applicable professional licensing standards or codes of conduct

Mobile Application Violations

•         Attempting to reverse engineer, decompile, disassemble, or extract the source code of the App

•         Modifying, adapting, or creating derivative works based on the App

•         Distributing, sublicensing, or otherwise making the App available to any third party

•         Using the App on a device that has been jailbroken (iOS) or rooted (Android) in a manner that compromises security controls

Technical and Security Violations

•         Attempting to gain unauthorized access to the Platform, user accounts, or Company systems

•         Using automated tools, bots, scrapers, or crawlers to extract content

•         Circumventing security features, access controls, or usage limitations

•         Introducing viruses, malware, or other malicious code

Harmful or Illegal Activities

•         Using the Platform in any way that violates federal, state, or local laws, including Arizona law

•         Impersonating any person or entity or misrepresenting your credentials or affiliation

•         Using the Platform for any fraudulent, deceptive, or misleading purpose

Consequences of Violations

Violation of these prohibited activities may result in:

•         Immediate suspension or termination of Platform access without refund

•         Removal of Forum content

•         Legal action to protect our rights and interests

•         Cooperation with law enforcement authorities where appropriate

We reserve the right to investigate suspected violations and take appropriate action. Prohibited conduct determinations are made at the Company’s sole reasonable discretion.

LIMITED LICENSE TO PLATFORM MATERIALS

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable, and personal license to:

•         Access and use the Platform—including the website, App, and Forum—solely for your individual board examination preparation during the period of your active subscription

•         Download and install one copy of the App on each mobile device that you personally own or control

This license does not grant you any ownership rights in Platform materials, any right to reproduce or distribute content, any right to create derivative works, or any right to use content outside the authorized Platform interface. All rights not expressly granted are reserved by the Company.

This license terminates automatically upon cancellation or expiration of your subscription, or upon any violation of these Terms

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FORUM CONDUCT AND USER CONTENT

Forum Purpose and Access

The Forum is a physician-only professional discussion community integrated into the Platform. It is accessible to active, credentialed subscribers via both the website and the App. The Forum is intended to facilitate peer discussion related to board examination preparation, professional development, and clinical knowledge exchange among licensed plastic surgeons.

Forum Content Standards

All content you post in the Forum must be professional in nature and consistent with the standards expected of licensed medical professionals. Content must also comply with all applicable federal, state, and professional licensing requirements. Prohibited Forum content includes, but is not limited to:

•         Any patient-identifying information or content that would constitute protected health information (PHI) under HIPAA

•         Defamatory, harassing, abusive, or threatening content directed at any other member or individual

•         Advertising, promotional, or commercial solicitation content of any kind

•         Content that infringes the intellectual property rights of any person or entity

•         False, misleading, or irresponsible clinical information

•         Content that violates any applicable professional licensing standard or code of conduct

•         Any content that violates federal, Arizona state, or other applicable law

Ownership of Forum Posts

You retain ownership of the content you post to the Forum. By posting content, you grant the Company a limited, non-exclusive, royalty-free license to display, reproduce, and distribute your content within the Platform solely for the purpose of operating the Forum. The Company does not claim ownership of your Forum posts and does not use them for commercial purposes outside Forum operation.

Visibility of Forum Content

Content you post to the Forum is visible to all other registered, credentialed subscribers of the Platform. Forum content is not publicly indexed or accessible to non-subscribers. However, you should not post any information in the Forum that you would not be comfortable sharing with a community of licensed physician peers. The Company is not responsible for how other Forum members use information you voluntarily post.

Content Moderation

The Company reserves the right to monitor, review, edit, or remove Forum content at any time, with or without notice, for any reason, including content that violates these Terms or that we deem inappropriate in our sole discretion. We may also temporarily or permanently restrict Forum access for any user who violates these standards.

We do not continuously pre-screen all Forum content before it is posted. The Company assumes no liability for Forum content posted by users. If you encounter content that you believe violates these Terms, please report it using the in-platform reporting tool or contact us at [email protected].

Private Messaging

If private messaging between Forum members is available on the Platform, private messages are transmitted through and stored by our systems in accordance with our data retention policies. The Company does not routinely monitor private messages but reserves the right to review private communications when necessary to investigate a reported violation, comply with applicable law, or protect user safety.

User Uploads (AI Simulation Sessions)

Separate from Forum activity, the Platform allows you to upload your own practice use cases ("User Uploads") for use within your individual AI simulation session. By uploading content, you:

•         Represent that you own or have obtained all rights necessary to upload and use such content

•         Represent that the content does not contain any patient-identifying information or data that would implicate HIPAA or other applicable law

•         Acknowledge that uploaded content is processed by OpenAI’s API to generate AI responses within your session and is not shared with other users

The Company does not claim any ownership interest in User Uploads. The Company does not moderate or endorse User Uploads but reserves the right to remove any content that violates these Terms.

Feedback and Suggestions

Any feedback, suggestions, or ideas you provide to the Company regarding the Platform—whether submitted through the Forum, the App, or any other channel—become the property of the Company. We may use such submissions without restriction or obligation to provide credit or compensation.

ARTIFICIAL INTELLIGENCE DISCLAIMER

The Platform utilizes OpenAI’s large language model API to generate AI-powered responses during simulation sessions. By using the Platform, you acknowledge and agree that:

•         AI-generated responses are produced algorithmically and do not constitute medical advice, clinical guidance, or professional recommendations of any kind

•         AI-generated content may be incomplete, inaccurate, or not reflective of current clinical standards and should not be relied upon as a substitute for professional medical judgment or formal examination preparation through accredited programs

•         The Company does not independently author, verify, or warrant the accuracy of AI-generated responses

•         OpenAI’s terms of service and usage policies also govern the use of AI features to the extent applicable

•         AI features accessed through the App are subject to the same limitations as those accessed through the website

This Platform is a supplemental study tool. It is not affiliated with, endorsed by, or in any way officially connected to the American Board of Plastic Surgery. Passing the board examination depends on many factors, and use of this Platform does not guarantee any particular examination outcome.

DISCLAIMER REGARDING MEDICAL EDUCATION AND EXAMINATION PREPARATION

The Company provides a study and simulation tool for licensed medical professionals. Nothing on this Platform—including content accessed via the website, App, or Forum—constitutes medical advice, clinical training, or professional certification. The Platform is intended solely as a supplemental preparation aid for the American Board of Plastic Surgery national board examination.

The Company makes no representation that use of the Platform will result in passing any examination. Examination results depend on a wide range of individual factors beyond the Company’s control. The Company expressly disclaims any guarantee of examination outcomes.

MOBILE APPLICATION—ADDITIONAL TERMS

App Stores

The SimMed App is made available through the Apple App Store and Google Play Store (each, an "App Store"). Your download and use of the App is subject to the applicable App Store’s terms of service in addition to these Terms of Use. In the event of a conflict between these Terms and the applicable App Store’s terms, these Terms govern, except where App Store terms specifically apply to the Company’s obligations as an App developer.

Apple Inc. and Google LLC are not parties to these Terms of Use, are not responsible for the App, and have no obligation to provide maintenance or support for the App. Any claim arising in connection with the App is the sole responsibility of the Company, not Apple or Google.

App Updates and Compatibility

The Company may release updates to the App from time to time. Certain updates may be required to continue using the App, and the App may not function properly if updates are declined or delayed. We do not guarantee that any version of the App will be compatible with any particular mobile device or operating system version.

We reserve the right to discontinue support for older versions of the App or operating systems. The Company is not liable for any loss of access or functionality resulting from your failure to install required updates.

Third-Party App Store Data

Apple and Google may collect data in connection with your download, installation, and use of the App through their respective platforms. The Company does not control and is not responsible for data collected by Apple or Google. Please review Apple’s and Google’s respective privacy policies for information about their data practices.

GEOGRAPHIC RESTRICTIONS

The Platform—including the website, App, and Forum—is available exclusively to users physically located within the United States, including the contiguous 48 states, Hawaii, and Alaska. The Platform is not available in U.S. territories (including Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands) or in any international location.

The Company actively blocks access from outside the authorized geographic area. Attempts to circumvent geographic restrictions, including through the use of VPNs, proxies, or similar tools, are a violation of these Terms and may result in immediate account termination.

LINKS FROM THE PLATFORM

If the Platform contains links to third-party sites and resources, these links are provided for your convenience only. We have no control over the contents of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any third-party websites linked from this Platform, you do so entirely at your own risk and subject to the terms of use for such websites.

CHANGES TO THE PLATFORM

We may update the content of the Platform, including the website, App, and Forum, from time to time. Any material may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to modify, suspend, or discontinue any feature or component of the Platform, including the Forum, at any time without notice.

INFORMATION ABOUT YOU AND YOUR USE OF THE PLATFORM

All information we collect through the Platform—including via the website, App, and Forum—is subject to our Privacy Policy at www.simmedlearning.com/privacy-policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

FORCE MAJEURE

The Company shall not be liable for any failure or delay in performing its obligations when such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, or pandemics; power outages or internet service provider failures; cyberattacks or security breaches; government regulations, orders, or restrictions; labor strikes or civil unrest; or failures of third-party services (including AWS, Stripe, OpenAI, Apple, or Google).

Temporary service interruptions due to force majeure events do not constitute a breach of these Terms or grounds for refunds, provided we take reasonable steps to restore service. If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate the affected services with written notice.

STATE-SPECIFIC PROVISIONS

Arizona Users and Residents

These Terms of Use are governed by the laws of the State of Arizona. The Company is incorporated and maintains its principal place of business in Arizona. Arizona residents may direct consumer protection complaints to the Arizona Attorney General’s Office, Consumer Protection and Advocacy Section, 2005 N. Central Ave., Phoenix, AZ 85004, or by calling (602) 542-5763 or (800) 352-8431.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE PLATFORM—INCLUDING THE WEBSITE, APP, AND FORUM—AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THIS DISCLAIMER EXTENDS TO ALL AI-GENERATED CONTENT PRODUCED THROUGH THE PLATFORM AND TO ALL CONTENT POSTED IN THE FORUM BY THIRD PARTIES.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM (INCLUDING THE WEBSITE, APP, AND FORUM), ANY CONTENT ON THE PLATFORM, OR AI-GENERATED RESPONSES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

•         Your violation of these Terms of Use

•         Your use of the Platform, including the website, App, and Forum

•         Your Forum posts or other user-generated content

•         Your User Uploads

•         Any use of Platform content or AI-generated responses other than as expressly authorized

•         Your violation of any third-party rights, including intellectual property rights

GOVERNING LAW AND JURISDICTION

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal or state courts located in Maricopa County, Arizona, and you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms of Use or the Platform, including disputes arising from their interpretation, violation, invalidity, non-performance, or termination ("Dispute"), shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

Arbitration Procedures

•         The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16

•         The substantive laws of the State of Arizona shall apply

•         The arbitration shall be conducted by a single neutral arbitrator selected in accordance with AAA rules

•         Arbitration shall be conducted in Maricopa County, Arizona, unless the parties agree otherwise

•         Each party shall be responsible for its own costs and fees unless otherwise awarded by the arbitrator

Exceptions to Arbitration

Either party may bring an action in court for claims seeking injunctive or equitable relief for intellectual property infringement, or to compel compliance with this arbitration provision.

Class Action Waiver

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be limited to the minimum extent necessary such that the remaining provisions will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Use, along with our Privacy Policy, constitute the complete agreement between you and the Company concerning the Platform and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and the Company regarding the Platform.

CONTACT INFORMATION

This Platform is operated by:

SimMed Learning Systems LLC

4539 N. 22ND Street, Suite N

Phoenix, Arizona  85016 USA

Email: [email protected]

All feedback, comments, requests for technical support, Forum-related inquiries, and other communications relating to the Platform should be directed to: [email protected]

BY USING THIS PLATFORM, INCLUDING THE WEBSITE, MOBILE APPLICATION, AND FORUM—YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.