Terms of Use

1. Acceptance of these Terms

These Terms of Use (“Terms”) form a binding agreement between you and Eximion Medical Education, LLC (“Eximion,” “we,” “us,” or “our”) governing your access to and use of the EXIMION continuing-education platform, including the websites, clinical simulations, peer-benchmarked assessments, and related services at eximion.com (the “Platform”). By accessing or using the Platform, creating an account, or clicking to accept, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Platform.

2. Eligibility

The Platform is intended solely for licensed healthcare professionals located in the United States who are at least 18 years old. By using the Platform you represent and warrant that you meet these requirements, that the credentials you provide — including your National Provider Identifier (“NPI”) — are accurate and belong to you, and that you are authorized to participate. We may verify your eligibility through third-party services (for example, Doximity and public NPPES/NPI records) and may suspend or terminate access if eligibility cannot be confirmed.

3. The Platform and continuing education

The Platform provides accredited continuing-education (“CE”) activities delivered as interactive clinical simulations and peer-benchmarked assessments, including competitive features such as head-to-head challenges, leaderboards, and benchmarked scorecards displayed under pseudonyms.

Eximion operates the Platform as the technology and content partner. Continuing-education credit is awarded by an independent accredited provider — for example, Partners for Advancing Clinical Education (“PACE”) — under joint providership. The accredited provider is solely responsible for accreditation, faculty selection, conflict-of-interest management, credit designation, and issuance of certificates.

3.1 CE credit

Where an activity is designated for credit (for example, AMA PRA Category 1 Credit™), credit is awarded by the accredited provider based on your verified completion of the relevant activity, in accordance with applicable accreditation standards. We do not guarantee that any particular activity will be accredited, that credit will be accepted by any board or employer, or that credit amounts will not change. You are responsible for confirming that any credit meets your licensure or certification requirements.

4. Accounts and pseudonyms

You must provide accurate registration information and keep it current. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You may select a pseudonymous display identity for competitive features; you remain responsible for all conduct associated with that identity. Notify us promptly at support@eximion.com of any unauthorized use. You may not share, sell, or transfer your account, and you may not maintain more than one account without our consent.

5. Educational content is not medical advice

All clinical scenarios on the Platform are simulated, educational case studies and do not describe real, identifiable patients. The content is provided for professional education only. It is not medical advice and is not a substitute for your own clinical judgment, applicable guidelines, or the care of any actual patient. Nothing on the Platform creates a physician-patient relationship. You must rely on your independent professional judgment when caring for real patients.

Educational content is developed under the editorial independence of the accredited provider and in accordance with the ACCME Standards for Integrity and Independence. Where activities are supported by independent educational grants, supporters have no control over content, faculty selection, or methodology. References to therapeutic options are intended to be fair-balanced and evidence-based; you should consult current full prescribing information and guidelines before making clinical decisions.

6. Acceptable use

You agree not to:

• enter any real patient information or protected health information into the Platform;
• attempt to identify, de-anonymize, contact, or harass any other participant, or to expose anyone’s real identity behind a pseudonym;
• cheat, manipulate rankings, or use automated tools, scripts, or assistance to obtain credit or improve scores in a way that misrepresents your performance;
• copy, scrape, harvest, reproduce, distribute, or create derivative works from Platform content except as expressly permitted;
• reverse engineer, decompile, or attempt to access the source code or underlying algorithms of the Platform;
• introduce malware, attempt to gain unauthorized access, or interfere with the security or operation of the Platform; or
• use the Platform in violation of any applicable law, regulation, or professional or institutional policy.

7. User content and submissions

The Platform lets you submit certain content, such as your chosen pseudonym and avatar, survey responses, and messages you send us (“User Content”). You are responsible for your User Content and represent that you have the right to submit it and that it does not infringe anyone’s rights, contain real patient information or PHI, or violate any law or these Terms.

You retain ownership of your User Content. You grant Eximion a non-exclusive, worldwide, royalty-free license to host, store, display, and use your User Content solely to operate, provide, and improve the Platform and to administer continuing education. We may remove or edit User Content we reasonably believe violates these Terms or is otherwise objectionable. Because the Platform is a professional education environment built around pseudonymous participation, please do not submit content you consider confidential or proprietary except as necessary to use the Platform.

8. Intellectual property

The Platform, including its software, simulation engine, content, analytics, design, text, graphics, and the EXIMION and EXIMION-related marks, is owned by Eximion and/or its licensors and the accredited provider and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Platform for your own professional continuing education. No other rights are granted, and all rights not expressly granted are reserved.

8.1 Your feedback

If you send us suggestions or feedback, you grant us a perpetual, royalty-free license to use it without restriction or obligation to you.

8.2 Performance data

As described in our Privacy Policy, individual participation and performance data generated through accredited CE activities is owned and controlled by the accredited provider, and aggregate de-identified analytics may be generated and used by us and the accredited provider. By participating, you acknowledge and agree to that handling of data.

9. Third-party services

The Platform may rely on or link to third-party services (such as physician-verification providers). We are not responsible for the content, policies, or practices of third parties, and your use of their services is governed by their own terms.

10. Disclaimers

THE PLATFORM AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT CONTENT IS COMPLETE OR CURRENT. ANY CLINICAL DECISIONS YOU MAKE FOR REAL PATIENTS ARE YOUR SOLE RESPONSIBILITY.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXIMION AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM WILL NOT EXCEED USD 100 OR THE AMOUNT YOU PAID US FOR THE PLATFORM IN THE 12 MONTHS BEFORE THE CLAIM, WHICHEVER IS GREATER.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR: (A) FRAUD OR FRAUDULENT MISREPRESENTATION; (B) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (C) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR (D) ANY OTHER LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT TO BE EXCLUDED OR LIMITED.

THE PLATFORM IS PROVIDED TO YOU FREE OF CHARGE. THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN AND AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US, AND THEY APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify and hold harmless Eximion and its affiliates from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your misuse of the Platform, your violation of these Terms, your violation of any law, or your clinical decisions regarding real patients.

13. Term and termination

These Terms apply while you use the Platform. We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms or to protect the Platform or other participants. You may stop using the Platform at any time. Sections that by their nature should survive termination (including Sections 5, 8, 10, 11, 12, and 14) will survive.

14. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The state and federal courts located in New Castle County, Delaware will have exclusive jurisdiction over any dispute, and you consent to that jurisdiction and venue.

15. Changes to the Platform and these Terms

We may modify or discontinue the Platform, in whole or in part, at any time. We may also update these Terms; when we make material changes, we will update the “Last updated” date and provide notice where appropriate. Your continued use after an update means you accept the revised Terms.

16. General

• Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and us regarding the Platform and supersede prior agreements on that subject.
• Severability: if any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver: our failure to enforce any provision is not a waiver of it.
• Assignment: you may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.

17. Contact