AMERICAN PHYSICIAN 2010/2012 "THE PASS MACHINE!" GENERAL SURGERY, VASCULAR SURGERY, INTERNAL MEDICINE, EMERGENCY MEDICINE, FAMILY MEDICINE, SLEEP MEDICINE, CARDIOVASCULAR DISEASE & GENERAL PEDIATRICS COURSES REGISTRATION TERMS AND CONDITIONS

PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE REGISTERING FOR THIS AMERICAN PHYSICIAN INSTITUTE FOR ADVANCED PROFESSIONAL STUDIES INC(“AMERICAN PHYSICIAN”) COURSES.

PLEASE UNDERSTAND THAT BY REGISTERING FOR AN AMERICAN PHYSICIAN’S COURSE AND PAYING ALL OR A PORTION OF THE COURSE FEES, YOU ARE ACCEPTING THESE TERMS AND CONDITIONS.

SERVICES & PRODUCTS NOT INCLUDED IN YOUR COURSE REGISTRATION

Your Course tuition and fees do NOT cover, and you are personally responsible for among other personal, non-Course expenses:
• Travel expenses, including air and ground transportation.
• Hotel expenses, whether at the Course host hotel or a hotel of your choice, including room charges and incidental charge such as pay-per-view, in-room movies, internet access, long distance charges, room service and mini-bar. (Course enrollees may be provided with a special group rate for overnight stay at the Course host hotel.)
• Meals
• American Physician materials not included in the Course package.

CANCELLATION POLICY
In the event of a cancellation communicated to American Physician up to the day prior to the start of the course, course registration fees will be refunded, minus a $100.00 cancellation fee.

Cancellations that occur on the day of the start of the course or later (i.e., “no shows”) are not eligible for a course tuition refund. However, a no show may apply cancelled course tuition towards registration and attendance at any other American Physician course.

If you cannot attend a “Guarantee” course for which you registered, you must notify American Physician to cancel or reschedule your registration at least 2 weeks prior to the registered course, or you forfeit your “Guarantee” course.

ALL CANCELLATIONS MUST BE MADE BY PHONE, by calling American Physician at 877-225-8384.

COURSE SCHEDULING
American Physician makes every reasonable effort to adhere to its schedule of courses.

However, all American Physician Courses are subject to re-scheduling/ change; and American Physician reserves the right to change Course locations, dates, and session schedules, as it deems necessary in its discretion.

ONLINE MATERIAL AVAILABILITY
Online material and content affiliated with either live or home study courses will be available for one 1 year following the administration of the associated exam.

2010/2012 COURSE “TRIPLE TRUST” GUARANTEES / WARRANTIES FOR

The Pass Machine Courses with the Triple Trust Guarantee.

The "Triple Trust Guarantee" applies to the Live and Home Study versions of the following The Pass Machine Courses: General Surgery Qualifying Exam Preparation Course, General Surgery Recertification Exam Preparation Course, Internal Medicine Certification Exam Preparation Course, Internal Medicine MOC Exam Preparation Course, Emergency Medicine Qualifying Exam Preparation Course, Emergency Medicine ConCert Exam Preparation Course, Family Medicine Certification Exam Preparation Course, Family Medicine Recertification Exam Preparation Course, General Pediatrics Certification Exam Preparation Course, General Pediatrics Maintenance of Certification Exam Preparation Course, Cardiovascular Disease Certification Exam Preparation Course, Cardiovascular Disease Maintenance of Certification Exam Preparation Course, Sleep Medicine Certification Exam Preparation Course, Vascular Surgery Qualifying Exam Preparation Course, and Vascular Surgery Recertification Preparation Course.

The “Triple Trust Guarantee” does NOT apply to a previous year’s home study course provided free with another course or included as part of a promotional offer. CME credit is only issued for the current year course participation (Live or Home Study).

If after registering and attending/viewing the Live or Home Study version of a course with a “Triple Trust Guarantee,” you do not pass your ABS, ABEM, ABIM, ABP, or ABFM board exam for which the course was designed as preparation, 100% of your tuition payment plus $500 will be refunded to you. In addition, you may either return to attend one Live course or view one Home Study course. Tuition is waived for one live course or home study for each subsequent time you do not pass your exam.

REFRESHER COURSE NOT ELIGIBLE FOR ADDITIONAL GUARANTEE
You may choose to enroll in a repeat (“Refresher”) course prior to your exam for a reduced tuition. The tuition from a repeat (“Refresher”) course, however, is not eligible for additional guarantee payments.

GUARANTEE ELIGIBILITY

To obtain the Course Guarantee for which you are eligible, you must notify American Physician in writing of your failure to pass the ABS, ABEM, ABIM, ABP or ABFM Exam for which the Course was designed as preparation within forty-five (45) days of the date of the notice of same, ACCOMPANIED BY THE ORIGINAL COPY OF YOUR EXAM FAIL NOTICE. Your original notice will be mailed back to you along with a course tuition refund plus $500. In addition, you will receive instructions for attending a future guaranteed course. For each subsequent failure of your exam, you must notify American Physician in writing according to the same terms as above in order to be eligible for additional guaranteed course attendance or home study access.

Failure to adhere to these guarantee terms and conditions will result in your guarantee being null and void.

PLEASE KEEP A COPY OF YOUR NOTICE FOR YOUR FILES.

GUARANTEE PAYMENTS

American Physician makes cash and credit card payments/credits for Course rebates, fee returns, incentive and guarantee payments and the like to the party that has tendered Course payments (such as the applicable check payer, credit card holder and the like), unless American Physician is directed by notice sent to American Physician as provided below to direct payment otherwise.

Any dispute between registrant and another party as to the proper party for payment or crediting of items shall be between such parties. American Physician may withhold payments/credits as to which it has notice of dispute unless and until directed by proper authority in form and substance acceptable to American Physician. American Physician disclaims liability to any party for payments and credits made in accordance with this policy.

LIMITED GUARANTEE

THE APPLICABLE LIMITED GUARANTEES AND WARRANTIES SET FORTH ABOVE (INCLUDING WITHOUT LIMITATION THE SPECIFIC TERMS, CONDITIONS AND RESTRICTIONS STATED IN THE APPLICABLE GUARANTEE/WARRANTY ABOVE) ARE THE ONLY GUARANTEES AND WARRANTIES MADE BY AMERICAN PHYSICIAN TO YOU IN CONNECTION WITH THE AMERICAN PHYSICIAN COURSE IN WHICH YOU ARE ENROLLING AND PARTICIPATING UNDER THIS REGISTRATION LETTER AGREEMENT AND ARE MADE IN LIEU AND INSTEAD OF ANY OTHER GUARANTEES OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN ANY OTHER AMERICAN PHYSICIAN MATERIALS OR OTHERWISE EXPRESSED OR IMPLIED BY LAW.

EXCEPT AS EXPRESSLY GUARANTEED UNDER THE APPLICABLE GUARANTEE/WARRANTY CONTAINED IN THIS LETTER AGREEMENT, AMERICAN PHYSICIAN DISCLAIMS ALL OTHER EXPRESS OR IMPLIED GUARANTEES OR WARRANTIES WHATSOEVER AS TO ANY OF ITS SERVICES, MATERIALS OR PRODUCTS HOWSOEVER PROVIDED OR SOLD BY AMERICAN PHYSICIAN, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

AMERICAN PHYSICIAN HEREBY DISCLAIMS AND YOU ACKNOWLEDGE AND AGREE THAT AMERICAN PHYSICIAN SHALL NOT IN ANY EVENT BE LIABLE WHATSOEVER FOR ANY AND ALL INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FOR ANY REASON OR ON ANY BASIS. YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY CLAIMS AS TO ANY GUARANTEE AND/OR WARRANTY MADE BY OR ATTRIBUTABLE TO AMERICAN PHYSICIAN ARE AND SHALL BE LIMITED SOLELY TO THE APPLICABLE GUARANTEE AND WARRANTY CONTAINED IN THIS LETTER AGREEMENT, ON THE EXPRESS TERMS AND CONDITIONS SET FORTH IN THIS LETTER AGREEMENT.

GENERAL TERMS AND CONDITIONS

Except for Course cancellations by phone as provided above, all other notices to American Physician must be in writing transmitted by US Mail, recognized air or ground courier, or e-mail to American Physician, per the American Physician contact information on the Website or in the Registration materials. Fax notice without confirming notice by the other means above is not binding on American Physician.

American Physician will communicate with you via any of the contact information you have provided with your application.

The registrant hereby agrees and accepts that all course materials for both live and home study courses are solely for individual use and not for resale. Personal recording of audio or video from the course is prohibited at all times.

These terms & conditions supersede all prior agreements and understandings (whether written or oral) between American Physician and the registrant.

This agreement and these Terms and Conditions are governed by and construed under the internal laws of the State of Illinois. Jurisdiction and venue over the parties as to matters arising hereunder is vested in the state and federal courts sitting and/or with jurisdiction in Du Page County, Illinois.