TERMS OF USE

NOTICE: The Butterfly Residency Applicant Competitive Index and Butterfly Residency Program Competitive Index (collectively referred to as "Butterfly") website is provided subject to your agreement to comply with the "Terms of Use." Please read the "Terms of Use" now and check occasionally for future modifications.

1. Copyright and Trademarks - The entire Butterfly website is copyrighted. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, presentations, articles, and software, is the property of AmeriClerkships Medical Society, Inc., its clients, or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of AmeriClerkships Medical Society, Inc. and protected by U.S. and international copyright laws. This site may only be used to access information about our offerings. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited.

2. Limited Warranties and Disclaimer of Liability. AMERICLERKSHIPS MEDICAL SOCIETY, INC. ASSUMES NO LIABILITY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION CONTAINED ON THE BUTTERFLY WEBSITE OR ANY OTHER INTERNET SITE LINKED TO IT IN ANY WAY. AMERICLERKSHIPS MEDICAL SOCIETY, INC. DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE BUTTERFLY WEBSITE OR THE INTERNET.

FURTHERMORE, THE BUTTERFLY WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS PROVIDED BELOW, BRANDEGO LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER IN CONNECTION WITH THE BUTTERFLY WEBSITE, SERVICES AND PRODUCTS CONTAINED THEREIN, OTHER WEBSITES ACCESSED BY "HYPERLINK," OR THE INTERNET GENERALLY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT). You understand that, except for information, products, or services clearly identified as being supplied by AmeriClerkships Medical Society, Inc. and its business partners, AmeriClerkships Medical Society, Inc. does not review, operate, or control any material, information, products, or services on the Internet, including electronic transmissions from Users or materials connected to the Butterfly website through "hyperlink," in any way.

Information on this website may be changed or updated without notice. AmeriClerkships Medical Society, Inc. may also make improvements and/or changes in the products and/or programs described in this information at any time without notice.

WITHOUT LIMITING THE FOREGOING, AMERICLERKSHIPS MEDICAL SOCIETY, INC. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE BUTTERFLY WEBSITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREON; (II) THAT THE BUTTERFLY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE BUTTERFLY WEBSITE; OR (IV) THAT THE BUTTERFLY WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF AMERICLERKSHIPS MEDICAL SOCIETY, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL AMERICLERKSHIPS MEDICAL SOCIETY, INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

3. Waiver of Responsibility for Defective or Contaminated Materials. Although AmeriClerkships Medical Society, Inc. makes every effort to ensure the correctness of data, AmeriClerkships Medical Society, Inc. disclaims responsibility for any errors or omissions, such as unintended technical inaccuracies or typographical errors, in the materials. Additionally, scoring indices may change from year to year, depending on the popularity of each specialty, and many other factors that cannot be effectively predicted or pre-determined.  You also understand that AmeriClerkships Medical Society, Inc. cannot and does not guarantee or warrant that files available for downloading through the service will be free of "infection" or "viruses," "worms," "Trojan horses," or other code that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Butterfly website for the reconstruction of any lost data. Use of the Butterfly website and the Internet generally is at the User's own risk.

4. Choice of Law. This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the Butterfly website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California Courts, and agrees not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.

5. User Rules In order to maintain an informative and valuable service that meets the needs of the viewers and avoids harm to others, it is necessary to establish and/or for you to follow these User Rules:

a. NEITHER THIS SITE NOR ANY PORTION OF IT MAY BE REPRODUCED, DUPLICATED, COPIED, SOLD, RESOLD, OR OTHERWISE EXPLOITED FOR ANY COMMERCIAL PURPOSE THAT IS NOT EXPRESSLY PERMITTED BY AMERICLERKSHIPS MEDICAL SOCIETY, INC. WE, AND OUR AFFILIATES, RESERVE THE RIGHT TO REFUSE SERVICE, TERMINATE ACCOUNTS, AND/OR CANCEL ORDERS AT OUR DISCRETION, WITHOUT LIMITATION, IF WE BELIEVE THAT CUSTOMER CONDUCT VIOLATES APPLICABLE LAW OR IS HARMFUL TO THE INTERESTS OF AMERICLERKSHIPS MEDICAL SOCIETY, INC. AND/OR ITS AFFILIATES.

b. Users may not post or transmit any message that is libelous or defamatory, or violates any other person's copyrights, privacy rights, trademarks, trade secrets, or rights in other confidential or proprietary information or other property right. The user indemnifies AmeriClerkships Medical Society, Inc. for any and all damages suffered by third parties as a result of the User's violation of this term.

c. Users may not post or transmit any message, data, image, or program with the intent to threaten the safety of others and/or with the effect of causing a reasonable person to perceive a threat to his or her safety.

d. It is not the intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, AmeriClerkships Medical Society, Inc. reserves the right to take such action as it deems appropriate in cases where the Butterfly website is inappropriately used to disseminate statements or materials that are reasonably construed as abusive, destructive, harmful, or threatening to the safety of others.

e. Users may not interfere with other users' use of the Butterfly website, including, without limitation, disrupting the normal flow or use of the service.

f. Users may not post or transmit any file which contains "viruses," "worms," "Trojan horse" or any other contaminating or destructive features.

g. It is our general policy to protect the privacy of the persons transmitting any messages to AmeriClerkships Medical Society, Inc. However, AmeriClerkships Medical Society, Inc. reserves the right to contact you to discuss your score, offer you suggestions for improvements, use your results for research purposes, or reproduce and distribute part or all of a message without any compensation to the user so long as any identifying information is deleted.

For further information contact info@americlerkships.org.