Terms of Use:
Your Agreement with CME Trail

Introduction

1.1. The following terms and conditions ("Terms Of Use") govern all use of the CME Trail Inc. website located at www.cmetrail.com, and all services, products offered by us including the CME Trail Inc. Content (collectively, “Services”) made available by CME Trail Inc., having its principal place of business at 8 The Green Street STE A, Dover, Delaware, 19901 (“CME Trail Inc.” or “We” or “Our”). By using any of our Services, you agree and accept these Terms of Use.

1.2. We are a continuing medical education company that provides medical education to healthcare professionals. Our core educational curriculum centers around clinical-based questions that simulate clinical practice and are based upon clinical practice guidelines. We offer two main services viz. Clinical Practice and Learning Center. The detailed specifications of all our Services are stated on the website.

1.2.1. Clinical Practice - This service includes access to the AI dictation system, Retrieval-Augmented Generator (RAG), diagnostic criteria, and clinical practice guidelines. It is designed to assist healthcare professionals in completing their notes using the AI dictation system and offer real-time clinical decision support, which may help inform their clinical decision-making in the context of patient care. 

1.2.2. Learning Center - The Learning Center encompasses the RAG, question bank, diagnostic criteria, clinical practice guidelines. Users may have the opportunity to earn Continuing Medical Education (CME) credits for engaging with the question bank application. A Question Bank (more described below) is a clinical question bank tool that helps simulate clinical practice by presenting clinical scenarios and allows a user to test their knowledge. The content is selected to support clinical decision-making and ongoing professional development. The RAG-based app enables users to query medical research and receive evidence-based answers. This external database is based upon a Semantic Scholar/PubMed API that contains ~100 million + academic research papers, many of which are focused on the sciences and medicine.

All the foregoing services are solely meant for healthcare professionals (physicians, nurse practitioners, physician assistants, and other allied healthcare professionals) based in the USA. Access to certain services may be subject to local regulations or restrictions based on the user's location. The details of all our services are stated on the website and also under these Terms of Use below. We also offer a free trial and a referral program.  

1.3. Please read these Terms of Use which will govern Your access, registration, and use of the Services. If You do not agree with these Terms of Use, please do not access or use any Services.

1.4. By using any Services, you represent and warrant that:

-> You are above the age of majority as per the applicable laws to which You are subject.

-> You are of sound mind and have the right, authority, and capacity to agree to and abide by these Terms of Use.

-> If You are accessing any Services on behalf of another person, You are authorized to act on behalf of such person and have the full authority to bind such person to this Terms Of Use.

1.5. We reserve the right to deny access to or offer any Services to any person or entity.

Account Creation

1.6. If You create an account for using any of the Services, You are responsible for all activities that occur under the account and any other actions You take thereto. If You are a minor, You may only register for and use the Services under the supervision and guidance of an adult or Your guardian or parent, in which case the adult or the guardian or parent shall be deemed to be the User and shall be responsible for any activities.

1.7. You will provide CME Trail Inc. with Your accurate, complete, and true contact details (and promptly update the same as needed) including but not limited to name, age, telephone, email, postal address, employer, current position, and specialty. We may attempt to verify the accuracy, completeness, or truthfulness of the information You have provided and update it as necessary.

1.8. You agree not to:

1.8.1. Create or access an account using a false identity or any false or inaccurate information

1.8.2. Create an account if you have been previously removed or banned by Us

1.8.3. Have more than one account at any given time unless expressly permitted by Us

1.9. You will be responsible for maintaining the confidentiality and security of your account including the login credentials, username, and password while accessing the Services. If you feel that the security of your account information is compromised, you shall immediately change your username and password. You should also notify Us of any unauthorized uses of Your account or any other breaches of security. We will not be liable for any unauthorized access to or use of Your account.

Description and Use of Services

1.10. The AI Dictation System enables users to record patient-clinician interactions via mobile or desktop devices. The system automatically transcribes and summarizes the recording into a structured clinical note, organizing relevant information into appropriate sections such as History of Present Illness (HPI), Medications, Surgical History, and other pertinent categories. Within this interface, users will have integrated access to diagnostic criteria, the Retrieval-Augmented Generator (RAG), clinical practice guidelines. This consolidated view is intended to support clinical decision-making by offering real-time, AI-assisted clinical insights and educational resources. 

1.11. The Clinical Question Bank comprises AI-generated clinical questions designed to simulate real-world clinical scenarios, including vignettes and case-based learning, tailored for healthcare professionals preparing for certifying board examinations in the United States. All questions, answer choices, and accompanying explanations are produced using our proprietary Retrieval-Augmented Generator (RAG) system. The platform automatically tracks user performance, identifying areas of strength and weakness, and dynamically adjusts question delivery to reinforce learning. Users have access to an analytics dashboard that provides insights into their progress and performance metrics over time. 

1.12. The Diagnostic Criteria Tool enables users to access and review the clinical criteria necessary to establish specific diagnoses, along with relevant differential diagnoses. The tool displays data regarding the sensitivity and specificity of diagnostic criteria, tests, and imaging modalities commonly used in clinical decision-making. Users can compare diagnostic criteria for multiple conditions side-by-side on a single interface. To support efficient clinical assessment, the tool also generates AI-produced summaries that highlight key differences between similar diagnoses. 

1.13. The Clinical Practice Guidelines Application provides summarized recommendations for approximately 1,000 medical conditions, streamlining access to evidence-based guidance from various medical societies and journals through user generated search within our RAG application. This tool allows healthcare professionals to quickly understand relevant guideline recommendations for a given diagnosis without needing to consult multiple external sources. 

1.14 Continuing Medical Education (CME): Users may be eligible to earn American Medical Association (AMA) PRA Category 1 Credits™ for engaging with the Question Bank application. CME Trail Inc. is accredited by the American Academy of Family Physicians (AAFP) to provide continuing medical education for physicians. All CME credits are awarded based on meeting the applicable criteria and requirements set forth by the relevant accrediting bodies. 

1.15. The Services are protected by copyright and other intellectual property and proprietary rights laws throughout the world. Subject to the Terms of Use and your payment of applicable fees, CME Trail Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services as permitted herein.

1.16. You can only use the website to access and view, certain portions of CME Trail Inc. Content and use other Services on the terms herein.

1.17. The use of the Services is for your personal, educational, and non-commercial purposes. Users agree to use the Services in accordance with applicable laws, regulations, and professional standards. It is your responsibility to ensure that your use of the Services complies with relevant medical practice, privacy, and data protection laws, including those pertaining to patient confidentiality.

1.18. You may use the Services to enhance your clinical knowledge, improve decision-making skills, and access expert-based medical recommendations. These Services are designed to support U.S.-based healthcare professionals in their ongoing medical education and clinical development.

1.19. The relevant Services can be used only for the subscription term as chosen by you and provided the subscription is active.

1.20. Any user that uses the relevant Services shall be provided a single license and log-in which shall not be shared with any other person.

1.21. The use of our Services is subject to these Terms of Use and specifically related to copyright and licensing terms, conditions related to non-modification, sharing and distribution. CME Trail reserves the right to log all AI interactions for security, analytics, and product improvement. No PHI is used for model training. The Services are intended for educational purposes and clinical decision support, not as a substitute for the clinical judgment of healthcare professionals. You should report any instances of misuse. You may be subject to penalties or consequences for misuse of the Services including legal actions, revocation of access privileges, or other appropriate measures.

Restrictions

The rights granted to You are subject to the following restrictions:

1.22. You shall not use, copy, steal, disclose, decompile, reverse engineer, disassemble, adapt, modify, prepare derivative works, distribute, license, sell, transfer, transmit, publicly display, publicly perform, stream, broadcast, or otherwise exploit the Services except as expressly permitted herein.

1.23. You shall not remove any copyright, trademark registration, or other proprietary notices from the Services.

1.24. You shall not infringe or use any of Our brands, logos, trademarks, or other proprietary marks for Your use.

1.25. You shall not use the Services to advertise any products or services.

1.26. You shall not use the Services in any way which is harmful to CME Trail Inc.'s interests.

1.27. You shall not use any software (including any automated software), devices, or another mechanism to "scrape" or download data from any web pages contained in the Services. For the avoidance of doubt, a) any Services provided with a free trial program will not be used for any scraping purposes and CME Trail Inc. may restrict the access to certain content of the Services; b) a user may not be able to view or access the entire content that is available with the applicable services in question if any Services are provided with a free trial program.

1.28. You shall not use the CME Trail Inc. Content for any similar companies, forums, or platforms that are similar to Our Services or use the CME Trail Inc. Content to compete with or directly or indirectly be involved in a business that competes with CME Trail Inc.

1.29. You shall not transfer or disseminate with anyone any of the CME Trail Inc. Content to facilitate a) unfair competition with CME Trail Inc., b) illegal activities.

1.30. You shall not build a similar or competitive product or service using similar ideas, features, functionality, or graphics of the Services.

1.31. You shall not attempt to circumvent any technological measures related to the Services.

1.32. You shall not interfere with or disrupt any of the Services.

1.33. You shall not interfere with the access or use of Services by other Users.

1.34. You shall not intrude into other Users' privacy rights or harvest information about other Users.

1.35. You shall not transmit or introduce any kind of virus or malware or harmful codes in the Services.

1.36. You shall not use the Services in any way not permitted or authorized by these Terms of Use.

1.37. You shall not impersonate or misrepresent Yourself while using the Services.

1.37A. You shall not use the Services in a manner that violates any applicable healthcare laws, regulations, or medical licensing requirements, including but not limited to HIPAA (Health Insurance Portability and Accountability Act) and other data protection laws relevant to patient information and medical practice.

1.37B. You shall not use the Services to collect, store, or process any personally identifiable information (PII) or protected health information (PHI) from patients unless you are authorized by law to do so and in compliance with applicable data protection regulations. Any use of the Services that violates privacy or confidentiality requirements is strictly prohibited.

1.37C. You shall not attempt to manipulate, falsify, or misrepresent your participation in any part of the Services to claim Continuing Medical Education (CME) credits or other certifications that were not legitimately earned. CME credits are awarded only through eligible activities within the Learning Center, and solely upon meeting the specific criteria established by the applicable accrediting bodies. Use of the Clinical Practice section—including tools such as the AI dictation system, RAG, diagnostic criteria, or clinical guidelines—does not qualify for CME credit. It is your responsibility to ensure that all credit claims are accurate and compliant with accreditor requirements.

1.37D. You shall not use the Services to collect or aggregate data for commercial purposes, including but not limited to selling or transferring any information derived from the Services, including the content or analytics, to third parties for profit or gain without express consent from CME Trail Inc.

1.37E. You shall not share, distribute, reproduce, or make available any part of the Services—including but not limited to the platform interfaces, question bank application, Clinical Practice tools, Learning Center resources, AI-generated outputs (including those produced via RAG, dictation, or guideline systems), or other proprietary tools and configurations—outside of the Services without our prior written consent. The underlying architecture, workflows, and systems enabling these outputs, including model configurations, embedding and retrieval processes, and integrations, are proprietary to us. Any unauthorized access, use, or dissemination of these materials or systems constitutes a breach of these Terms.

Fees

1.38. You agree to pay to CME Trail Inc., as applicable, such fees (plus any applicable taxes) for such Services as specified on the website.

1.38.1. You can purchase the Learning Center and the Clinical Practice at USD 49.99 per month (or such fees as may be specified on the website from time to time).  There are two options to purchase (A) $49.99 per month with no gift card and no referral option, (B) pricing as specified on the website: $1199 - $9999 with gift card having a referral option.

1.39. The details of all such then current fees will be stated on the website from time to time.

1.40. All fees are payable in advance and non-refundable except as stated herein.

1.41. Prices for our Services are subject to change without notice and you are advised to check our website regularly.

1.42. We reserve the right to refuse to provide any of the Services to any user.

1.43. We reserve the right to limit the sales of any of our Services to any user, geographic region, or jurisdiction.

1.44. The gift card cannot be combined with other coupons, discounts, or gift card offers. The gift card cannot be redeemed for cash or credit. You are advised to consult your employers' policies regarding receipt of gift cards should you be seeking reimbursement for any Services purchased herein. You will receive your gift card via email or mail within 4-6 weeks of your purchase. You will have 365 days to claim your gift card after it has been sent to you. You must be a US resident to receive a gift card. Amazon and Visa gift cards are subject to the terms of the respective gift card issuer and the terms and conditions set forth on the respective gift card. Applicable taxes and shipping will be included in the value of the gift card. Amazon and Visa shall not be considered participants, endorsers, approvers, or sponsors of Our promotions. Amazon and Visa and their respective trademarks or service marks are not affiliated with us. You are suggested to consult your tax advisor for understanding the tax implication of the gift cards as the gift card value is not a tax-deductible professional expense and any reimbursed amount may have to be declared as personal income for tax purposes.

1.45. We do not provide any hard copies of material. Any materials if provided by Us will only be provided in electronic version through our website online. Any such materials provided by Us shall be considered CME Trail Inc. Content and subject to the restrictions herein.

1.46. We may collect a transaction fee for certain types of Services as notified on our website. While we incur a flat 2.99% transaction fee on the gross purchase price to process the original payment, this cost is not passed on to you.

1.47. If you subscribe to any of our paid Services, the period of such paid Services will be notified to you when you are placing the order (“Initial Term”). At the end of the Initial Term, your subscription will not be automatically renewed for successive such additional periods unless you subscribe manually for another term of your choice.

1.48. By availing any of the paid Services, you expressly authorize Us and the applicable payment processor to charge your applicable payment method for the collection of fees due herein (including for upgrades, the Initial Term, as applicable).

1.49. We reserve the right to discontinue any Services at any time.

1.50. Our refund and cancellation terms are as under:

1.51. Cancellation for Services 

1.51.1. You may cancel your subscription to the Learning Center or Clinical Practice Services at any time through your account settings. Cancellation will take effect at the end of your current billing cycle, and you will retain access to the Services through the end of the period for which you have already paid. No partial refunds or credits will be provided for unused portions of the subscription period.

1.51.2. We reserve the right to suspend or terminate your access to the Learning Center, Clinical Practice, or any other Services at any time, with or without notice, if we reasonably believe that you have violated these Terms of Service, misused the Services, or engaged in fraudulent or unlawful activity. In such cases, you will not be entitled to a refund. However, if we discontinue or materially limit the availability of a paid Service for reasons unrelated to user conduct, and you have already paid for that Service, we will provide a prorated refund for the unused portion of the current billing cycle unless otherwise stated at the time of discontinuation.

1.52. Regarding our Referral Program, you agree that:

1.52.1. You are eligible to refer others only if you make a purchase between $1199 - $9999. The Referrer means a person (you) who already has an account on our website and will be shared a unique referral code subject to you making a purchase of the amount stated in foregoing.  

1.52.2. The Referred Person means an individual who is a new user to our website, creates an account on our website and makes the purchase using the referral code shared by you. The Referred Person must be a legal resident of the United States of America and of the age of majority.

1.52.3. Once the Referred Person makes a Qualified Purchase, you will be provided with additional cashback as stated on the website. Participants in our referral program are eligible to receive a cashback of up to 80% of their initial purchase. Participants will receive incremental cashback amounts for each person they successfully refer to our program, up to a maximum of three referrals. Upon successfully referring the first person, participants will receive a cashback equivalent to [specified on the website] of their initial purchase price. For the second referral, participants will receive an additional cashback equivalent to [specified on the website] of their initial purchase price. Upon successfully referring the third person, participants will be entitled to receive a cashback equal to 80% of their initial purchase price. The cashback will be provided to participants in the form of a gift card.

1.52.4. The cashback will be reflected in your account (in your dashboard) and you will be notified via email after _1 business day of purchase made by the Referred Person. If any Referred Person initiates cancellation or refund of any purchase within the above stated period, then you shall not be eligible for any cashback under this program.

1.52.5. The cashback will be subject to deduction of any applicable taxes.

1.52.6. A “Qualified Purchase” means that all the following conditions are met:

1.52.6.1. The Referred Person completed a purchase of equal or greater value (in one single order) which is made by you. For instance, if you make a purchase for $1999, the Referred Person must make a purchase of $1999 or more for you to be eligible for the cashback under this program.

1.52.6.2. The purchase should be made only through our website.

1.52.7. We may not provide any cashback to you (and may even close your and the Referred Person’s account) even though the Qualified Purchase was made in case where we reasonably believe that you or the Referred Person has committed any acts of fraud or misconduct or abuse under this referral program, or where you or the Referred Person has violated any provisions of these terms and conditions.

1.52.8. You should not falsify, deceive, misrepresent, or mislead us regarding the Referred Persons.

1.52.9. You should not abuse this referral program, for instance by creating multiple accounts.

1.52.10. The cashback offer provided under this program is non-transferable.

1.52.11. If the referral program is terminated by us in whole or in part, any unredeemed cashback that have not yet been used by you shall be considered as forfeited.

1.52.12. If you submit any information about the Referred Person, you warrant that you have the necessary authority from them to submit such information to us and all such information obtained by us will be processed as per our privacy policy. We may send communication to the Referred Persons (and any such communication may be sent on your behalf especially in regard to their purchase and give us express authority to send such communications to them).

1.52.13. You must comply with all applicable laws while using this program including “SPAM” laws. For instance, you should not make bulk e-mail distribution.

1.52.14. We shall not reimburse or credit you for any marketing expenses that you may incur under this program.

1.52.15. Any self-referrals made by you or referrals of existing users of any of our Services made by you, shall not, in each case, make you eligible to receive any cashback under this program.

1.52.16. Any decision regarding your eligibility of cashback offer under this program shall be taken by us and shall be considered as final.

Your Content

1.54. If you provide any feedback, comments, or other user-submitted input through your use of the Services (such as queries entered into the AI tools or feedback forms), you grant us a limited, non-exclusive, royalty-free right to use such input internally to maintain, improve, and test the Services. We will not use such input for external publication or promotional activities without your express consent.

Intellectual Property Rights

1.55. The Services and all trademarks, service marks, graphics, logos, designs, elements used in connection with the same, or any other information, content, or materials of any kind available on the website or made available through the Services are trademarks or copyrights or other intellectual property rights of CME Trail Inc. or its licensors and may not be used without Our permission.

1.56. Your use of the Services does not grant you any right or license to reproduce or otherwise use any of the intellectual property rights of CME Trail Inc. or its licensors except as expressly stated herein.

1.57. All ownership rights in the Services shall stand vested in CME Trail Inc The use of the term 'purchase' in connection with any Service refers solely to the grant of a limited, non-exclusive, non-transferable right to access and use the Services in accordance with these Terms, and shall not imply any transfer of ownership or sale of the Services.

Confidential Information

1.58. All information within the Services and any other non-public information disclosed to you or accessed by you in the course of your access and/or use of the Services (“Confidential Information”) shall be kept strictly confidential by you. You agree to use this Confidential Information only for availing the Services and not for any other purpose. You shall not disclose this Confidential Information to any third except with our prior written consent of us.

Non-Transferable

1.59. You will not transfer Your account or access to the Services to any other person or entity without CME Trail Inc.'s consent. This Terms of Use, Your rights and obligations hereunder, shall not be assigned, subcontracted, or transferred by you without Our prior written consent, and any attempted transfer shall be considered as a violation of these Terms of Use.

1.60. CME Trail Inc. reserves the right to assign these Terms of Use to any third party without Your consent.

Privacy Policy, Communications and Consent

1.61. The CME Trail Inc. Privacy Policy, located at www.cmetrail.com, provides detailed information about Our collection, use, and disclosure practices related to the personal information of users, including PHI, and is incorporated into this Terms of Use. By using the Services, you agree to the collection, use, and disclosure of your personal data, including PHI, in accordance with the Privacy Policy and applicable laws, including the HIPAA, where applicable.

1.62.  If you are a healthcare provider, you acknowledge that CME Trail Inc. acts as a Business Associate under HIPAA and that PHI may be handled in accordance with our Business Associate Agreements (BAAs) with Open AI and Amazon Web Services.

1.62A Marketing Communications: By providing your contact information to us, including your email address and/or phone number, you consent to receive marketing communications from us via email, SMS/text messages, and phone calls. These communications may include information about our products, services, promotions, and updates. You can withdraw your consent to receive marketing communications at any time by following the opt-out instructions in our communications or contacting us directly.

1.62B We comply with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act. All commercial emails sent by us will:

  • Clearly identify the sender and provide our physical postal address.
  • Include a clear and conspicuous notice of your right to opt out of receiving future emails from us.
  • Provide an easy mechanism for you to unsubscribe or opt out of receiving future communications.
  • Honor opt-out requests promptly within the legally required timeframe.

1.62C Compliance with FTC Guidelines on Marketing and Advertising: Our marketing practices adhere to the Federal Trade Commission (FTC) Guidelines on Marketing and Advertising, ensuring that:

  • All advertisements and communications are truthful, not misleading, and provide clear and conspicuous disclosures where required.
  • Any material connections between us and endorsers, affiliates, or other third parties are disclosed to you in accordance with FTC guidelines.
  • We do not engage in deceptive or unfair marketing practices.

1.62D Compliance with Telephone Consumer Protection Act (TCPA): We adhere to the Telephone Consumer Protection Act (TCPA) regulations regarding telemarketing and text messages. In accordance with the TCPA:

  • You must provide express written consent to receive marketing SMS/text messages or phone calls.
  • Consent to receive marketing communications is not a condition of purchasing any goods or services from us.
  • You may opt out of receiving SMS/text messages at any time by replying with “STOP” to any text message you receive from us.
  • You may opt out of receiving marketing phone calls by following the opt-out instructions provided during the call or contacting us at support@cmetrail.com

Third-Parties

1.63. The website may contain links to third-party websites or resources which are not part of CME Trail Inc.. CME Trail Inc. does not:

1.63.1. Control, review or monitor such sites

1.63.2. Make any warranties or representations concerning such sites

1.63.3. Endorse such sites or any of their products or services

1.64. CME Trail Inc. shall not be responsible or liable for these websites including but not limited to their resources, content, availability of the content, and information therein.

1.65. You agree to use all such third-party sites at Your own risk.

1.66. Your dealings with or participation in any activities with any third parties located through the use of Services are solely between You and such third party. CME Trail Inc. shall not be responsible or liable for any loss, claims, or damage of any kind whatsoever arising or incurred due to such third-party dealings.

1.67. Some of the content available from any of the Services may be sourced through third-party sources and you should respect and comply with the terms and conditions of such third-party content as per their license terms.

Notice and Take Down Procedures

1.68. If You believe that Your material has been copied and posted on any of our Services in a way that constitutes copyright infringement, please provide Our Copyright Agent with the following information:

1.68.1. Description and location of the copyrighted work that You claim has been infringed

1.68.2. Identification and location of the material that You believe to be infringing

1.68.3. Written statement by You indicating that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

1.68.4. Statement by You, made under penalty of perjury, that the information in your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf

1.68.5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

1.68.6. Your address, telephone, and email address

1.69. Contact information for CME Trail Inc. Copyright Agent for providing the above notice is CME Trail Inc., having its principal place of business at 8 The Green Street STE A, Dover, Delaware, 19901 email: support@cmetrail.com

Termination

1.70. Except as otherwise stated herein, these Terms of Use will continue until terminated following the terms herein.

1.71. Either you or we may terminate the subscription for any of the free Services immediately without cause by providing written notice to the other party.  

1.72. Your subscription for any paid Services will terminate at the end of the Initial Term.

1.73. If We terminate any of the paid Services, then we will refund the pro rata portion of the fees for the term of the subscription that you weren’t able to access or utilize our Services. However, if We terminate your paid Services for your breach of these Terms of Use or any breach of any applicable law or proprietary or privacy rights of any third party, you will not be eligible for any refund.

1.74. We may without prior notice discontinue Your use of any of the Services or delete Your account, with or without notice, for reasons including but not limited to:

1.74.1. Your breach of any provisions in the Terms of Use

1.74.2. As required by law or directed by any regulatory authorities

1.74.3. Any security issues

1.74.4. Our decision to discontinue the Services (or any part thereof)

1.75. We may from time to time suspend or terminate access to all or a part of any Services, or limit the availability and accessibility to You as per Our discretion and without any reason.

1.76. Upon termination of your account or any part of it, your right to use such Services will automatically terminate immediately. You agree that all suspensions or terminations shall be made at Our sole discretion, and we shall not be liable or responsible to You or any third party for any resultant damages or claims arising or resulting to You or any third party due to such termination.

Disclaimer

1.77. THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED ON AN "AS IS" BASIS AND AN "AS AVAILABLE" BASIS WITH ALL FAULTS.

1.78. WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, PERFORMANCE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE.

1.79. THE ACCESS AND USE OF SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OR LOSS, OR CLAIMS RESULTING FROM SUCH PROBLEMS.

1.80. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR VIRUS-FREE OR BUG-FREE OR UNINTERRUPTED OR SECURE, OR THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

1.81. WE DO NOT PROVIDE ANY WARRANTY THAT THE CME TRAIL INC. CONTENT IS THE LATEST, ACCURATE, TRUTHFUL, AND RELIABLE.  CERTAIN OF THE SERVICES ARE ONLY INTENDED AS A REFERENCE TOOL.

1.82. YOUR RELIANCE UPON THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR USING YOUR PROFESSIONAL JUDGMENT. YOU ARE ADVISED TO CONFIRM AND INTERPRET THE FINDINGS AND INFORMATION IN OUR SERVICES BEFORE APPLYING THEM IN A PROFESSIONAL PRACTICE SETTING. WE ARE NOT RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS THAT YOU TAKE OR OMIT TO TAKE BASED ON YOUR ACCESS TO OR USE OF SERVICES.

1.83. YOU MAY BE SUBJECT TO CERTAIN OBLIGATIONS AND RESPONSIBILITIES AS PER APPLICABLE LAWS IN THE JURISDICTION WHERE YOU PRACTICE ANY HEALTHCARE PROFESSION. USERS ARE RESPONSIBLE FOR VERIFYING THAT USE OF AI-GENERATED CLINICAL DOCUMENTATION COMPLIES WITH THEIR STATE’S MEDICAL BOARD OR LICENSING REQUIREMENTS. CME TRAIL INC. DOES NOT WARRANT OR GUARANTEE THAT DOCUMENTATION GENERATED VIA ITS SERVICES MEETS ALL APPLICABLE STANDARDS IN EVERY U.S. JURISDICTION.

1.84. ANY OF OUR SERVICES DO NOT CONSTITUTE ANY PROFESSIONAL OR MEDICAL ADVICE OR THE PROVISION OF MEDICAL OR DIAGNOSTIC SERVICES. THE USERS WHO USE OUR SERVICES ARE ADVISED TO EXERCISE THEIR CLINICAL JUDGMENT WHEN USING OUR SERVICES. USE OF THE SERVICES IS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS TAKEN BY YOU IN RELIANCE ON ANY OF THE SERVICES. WE ARE NOT LIABLE FOR ANY LOSS OR EXPENSES INCURRED OR SUSTAINED BY YOU (OR ANY OF YOUR CLIENTS) DUE TO THE RELIANCE ON ANY OF THE SERVICES. IF YOU ARE SUFFERING FROM ANY MEDICAL CONDITION, YOU ARE STRICTLY ADVISED TO APPROACH A HEALTHCARE PROFESSIONAL BEFORE COMMENCING ANY TREATMENT BASED ON ANY OF OUR SERVICES. WE DO NOT ENDORSE OR RECOMMEND ANY SPECIFIC TYPE OF MEDICATION, TESTS, PHYSICIANS, PRODUCTS, TREATMENTS, OR OTHER INFORMATION THROUGH ANY OF OUR SERVICES. THOUGH WE HAVE ATTEMPTED TO CREATE OUR SERVICES IN CONFORMANCE WITH THE STANDARDS OF PROFESSIONAL PRACTICE THAT PREVAILED AT THAT TIME, HOWEVER, YOU SHOULD NOTE THAT SUCH STANDARDS ARE CHANGING CONSTANTLY AND WE DO NOT GUARANTEE THAT ANY OF OUR SERVICES ARE FOLLOWING THE LATEST STANDARDS. WE DO NOT GUARANTEE THAT OUR CONTENT WILL COVER ALL POSSIBLE USES, DIRECTIONS, SAFEGUARDS, SIDE EFFECTS, DRUG INTERACTIONS, OR ADVERSE EFFECTS THAT MAY BE ASSOCIATED WITH ANY MEDICAL TREATMENTS.

1.85. WE DO NOT WARRANT THAT ANY RECOMMENDATIONS ACCESSED VIA OUR SERVICES WILL ENABLE YOU TO HAVE AN ENHANCED ABILITY TO PRACTICE. THE RECOMMENDATIONS (INCLUDING DRUGS, MEDICAL DEVICES, PRODUCTS OR THERAPIES) ACCESSED VIA OUR SERVICES DO NOT NECESSARILY REPRESENT THE VIEWS OF THE CME TRAIL INC.. ANY RECOMMENDATIONS (INCLUDING DRUGS, MEDICAL DEVICES, PRODUCTS OR THERAPIES) MAY NOT HAVE BEEN APPROVED AND/OR SPECIFIED FOR USE AS INDICATED. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE THE APPROVAL STATUS OF EACH RECOMMENDATION (INCLUDING DRUGS, MEDICAL DEVICES, PRODUCTS OR THERAPIES) THAT YOU INTEND TO USE IN CLINICAL PRACTICE. WE DO NOT WARRANT THAT RECOMMENDATIONS (INCLUDING DRUGS, MEDICAL DEVICES, PRODUCTS OR THERAPIES) ACCESSED VIA OUR SERVICES REPRESENT THE BEST METHODS OR PROCEDURES FOR ANY MEDICAL SITUATIONS OR WILL HELP YOU MANAGE YOUR PATIENT CASE. WE DO ENDORSE ANY RECOMMENDATIONS ACCESSED VIA OUR SERVICES.

1.86. THE SERVICES A) MAY NOT PROVIDE INFORMATION CONCERNING PATIENT'S EXPECTED COPAYMENTS, DEDUCTIBLE AMOUNTS, COINSURANCE OBLIGATIONS, B) MAY NOT PROVIDE LATEST UPDATED PRICE INFORMATION, C) MAY NOT BE APPLICABLE FOR SPECIFIC FACTS AND CIRCUMSTANCES OF INDIVIDUAL USER/PATIENT, D) MAY NOT PROVIDE ACCURATE COMPARISONS OF PRICING DUE TO VARIATIONS IN PRICING METHODOLOGY ACROSS ENTITIES, E) SHOULD NOT BE CONSIDERED AS AN OFFER OR PROMISE OF ACTUAL PRICING FOR SERVICES OFFERED BY ANY PERSON OR ENTITY, F) SHOULD NOT BE CONSIDERED AS A COMPLETE REPRESENTATION OF POTENTIAL PATIENT MEDICAL COSTS.

1.87. WE ARE NOT RESPONSIBLE FOR ANY INFORMATION, STATEMENTS, MISREPRESENTATIONS OR ERRORS MADE OR PROVIDED BY THE CONCERNED INSTITUTIONS WITH RESPECT TO THEIR EDUCATIONAL SERVICES, CME CREDIT HOURS, COURSE CONTENT, SUPPORT AND RELATED ASPECTS NOR DO WE PROVIDE ANY GUARANTEE THAT YOU WILL BE ABLE TO OBTAIN CME CREDITS AS DESIRED BY YOU.

1.87B. Disclaimer – AI Dictation System: The AI Dictation System is provided solely as a documentation assistance tool and is intended to support—but not replace—the clinical judgment, skill, and expertise of healthcare professionals. While the system is designed to transcribe, summarize, and organize clinical interactions (including history, medications, procedures, and other patient data), the user retains full responsibility for verifying the accuracy, completeness, and clinical appropriateness of all notes and outputs.

We do not warrant that the AI-generated summaries or notes are error-free, medically accurate, or complete. By using the AI Dictation System, you expressly acknowledge and agree that:

  • You remain solely responsible for the clinical content, treatment decisions, and any documentation submitted to third parties (including, but not limited to, electronic health records, insurers, or regulators).
  • You will review, edit, and approve all generated content before use in any professional or clinical capacity.

Any reliance on the AI-generated content is undertaken at your sole discretion and risk.

The AI Dictation System is not a substitute for professional documentation, medical transcription, or direct clinical observation. We expressly disclaim any and all liability arising from the use of this system, including, but not limited to, claims related to misdiagnosis, omissions, malpractice, regulatory violations, or data inaccuracies.

1.87C. Disclaimer – Retrieval Augmented Generator (RAG) Search Tool: The Retrieval Augmented Generator (RAG) application is intended to assist users in accessing and synthesizing publicly available academic research, including materials indexed via APIs such as Semantic Scholar and PubMed. The information provided by this tool is for informational and educational purposes only and does not constitute medical, clinical, or scientific advice.

While the RAG system uses AI models to generate evidence-informed responses based on an extensive academic database, we do not warrant the accuracy, timeliness, completeness, or appropriateness of any answer or result produced by the system. The inclusion or citation of any research paper, publication, or clinical data does not constitute an endorsement or verification of the content therein.

Users are solely responsible for independently verifying the validity, relevance, and applicability of any information generated by the RAG system before relying on it for educational, clinical, or decision-making purposes.

No doctor-patient relationship is created through the use of this tool. You understand and agree that the use of the RAG search system is at your own risk, and we expressly disclaim any liability for actions or decisions made based on the AI-generated output, including but not limited to medical treatment, diagnosis, or scientific conclusions.

All third-party research content accessed or referenced via the RAG tool remains the intellectual property of the respective rights holders and may be subject to separate licensing terms. Users must comply with all applicable laws, ethical guidelines, and institutional policies when accessing and using such material.

1.87D. Disclaimer – AI-Generated Question Bank. The Question Bank is intended to assist healthcare professionals and students in preparing for board certification and licensing examinations in the United States. All content, including clinical vignettes, answer choices, and explanatory materials, is generated or curated using artificial intelligence (AI) models and RAG technology based on publicly available medical literature and guidelines.

The Question Bank is an educational tool and does not guarantee examination success, certification, or licensure. While every effort is made to ensure the clinical accuracy and relevance of the questions, the content may not reflect the most current standards of medical practice or examination board requirements.

By using the Question Bank, you acknowledge and agree that:

  • The content is not a substitute for professional education, clinical experience, or official exam preparation material provided by certifying authorities.
  • You are solely responsible for evaluating the suitability and accuracy of the content for your individual learning needs.
  • The performance analytics, strength/weakness tracking, and adaptive question delivery are provided for informational and self-assessment purposes only and should not be interpreted as definitive evaluations of medical competency.

We expressly disclaim all warranties, express or implied, including but not limited to warranties of accuracy, fitness for a particular purpose, or non-infringement. We do not accept liability for any damages or losses arising out of your use of or reliance upon the Question Bank, including exam failure, certification delays, or clinical decision-making based on Question Bank content.

1.87E. Disclaimer – Diagnostic Criteria Tool. The Diagnostic Criteria Tool is intended to assist licensed healthcare professionals by organizing and summarizing diagnostic frameworks, differential diagnoses, and comparative clinical features. This tool presents sensitivity, specificity, and other data related to clinical criteria, diagnostic tests, and imaging modalities based on published research and practice guidelines.

The information provided is for educational and reference purposes only and does not constitute medical advice, clinical guidelines, or a substitute for professional judgment. All diagnostic decisions, patient assessments, and medical treatments remain solely within the discretion and responsibility of the licensed healthcare provider.

By using this tool, you acknowledge and agree that:

  • You are solely responsible for validating and interpreting any diagnostic information, including comparing and selecting among potential diagnoses.
  • The data presented may not reflect the most current or comprehensive medical consensus or individual patient circumstances.
  • Automated summaries, comparative analyses, or diagnostic suggestions are informational aids only and should not be relied upon for medical decision-making or patient care without independent clinical verification.

We do not guarantee the accuracy, completeness, or appropriateness of the diagnostic criteria, statistical measures, or comparisons presented. We expressly disclaim any liability for clinical outcomes, regulatory violations, or other consequences resulting from the use or misuse of this tool.

1.87F. Disclaimer – Clinical Practice Guidelines Application: The Clinical Practice Guidelines Application is a reference tool designed to assist licensed healthcare professionals by compiling and summarizing clinical practice guideline recommendations related to medical conditions. This application presents publicly available information in an accessible and consolidated format.

The content provided is for informational and educational purposes only and is not intended to replace independent clinical judgment, professional training, or institutional policies. While the application aims to summarize guidance from recognized medical societies and journals, we do not warrant the completeness, currentness, or accuracy of any guideline content, recommendation, or citation.

By using this application, you agree and acknowledge that:

  • The guidelines presented may not apply to every clinical scenario, and clinical discretion is essential in interpreting and applying any recommendation.
  • Summaries are interpretive in nature and may not reflect all nuances, exceptions, or conditional applications present in the original guideline.
  • You are responsible for confirming the applicability and accuracy of any recommendation or citation through the original source material or other authoritative resources.

We disclaim any liability for clinical, legal, regulatory, or patient care outcomes resulting from reliance on this tool. The use of this application does not establish a doctor-patient relationship or constitute medical or legal advice. All users must comply with their local laws, professional licensing requirements, and standards of care.

1.87I. Disclaimer – Continuing Medical Education (CME) Credits: The Continuing Medical Education (CME) Credits offered through the use of our Question Bank Application are designed to support the ongoing professional development of healthcare providers. Users may be eligible to earn AMA Category PRA 1 Credits for utilizing the application, regardless of the certifying exam they are studying for. Additionally, we are accredited by AAFP to provide CME credits.

By using the CME components of this application, you acknowledge and agree to the following:

  • Eligibility for CME credits is determined by your active engagement with the application, in accordance with the applicable CME guidelines and regulations. It is your responsibility to verify your eligibility and ensure that your use of the application meets the criteria for credit awarding.
  • The award of CME credits is subject to the review and approval processes set forth by the AMA and AAFP. We do not guarantee that all users will receive CME credits for their participation, as such awards depend on individual completion and assessment criteria.
  • CME credits are issued for educational purposes and are not a substitute for formal certification, licensure, or medical licensure renewal requirements. It is your responsibility to ensure that you meet all other professional requirements for certification or licensure renewal in your jurisdiction.
  • The CME credits offered through our services are not refundable, transferable, or redeemable for any other benefit or service.

We disclaim all liability for any errors or omissions in the CME content, or any consequences resulting from reliance on the CME credits earned through this service.

1.87J. Disclaimer – Information-Based Hospital Financial Comparison Tool:

The Hospital Financial Information Service is provided solely for informational and educational purposes. It is designed to offer users detailed financial data regarding hospitals across the United States, including financial performance comparisons, executive compensation by role and over time, and key operational metrics. By using this service, you acknowledge and agree to the following terms and conditions:

  • Educational and Public Interest Use: The information provided in this service is for educational purposes and is intended to contribute to public understanding and financial literacy regarding hospital finances. This content is provided under the CME Trail brand but is not intended as commercial or promotional content for CME services. The purpose of this content is to inform and educate users on hospital financial performance, executive compensation, and healthcare economics, and to promote financial literacy in the healthcare sector.

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  • Non-Identifiable Generic Avatars: The avatars used in this service are fictional representations designed to illustrate roles and organizational positions (e.g., hospital executives, managers, physicians) rather than specific individuals. These avatars do not resemble real persons and are not intended to represent any actual individual. Their use reduces any potential privacy or publicity risks associated with the portrayal of identifiable individuals.

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  • Transparency in Intent: The information shared within this service is transparent in its intent—to educate and raise awareness about hospital financial practices, executive compensation, and key metrics. It is not intended to advertise any product or service directly. Any content that may reference our CME offerings is distinctly separated from educational content and clearly identified as a separate initiative.

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  • Source of Financial Data: All financial data, including executive compensation figures, is drawn from publicly available sources, including IRS Form 990 filings. Some nonprofit financial data is sourced via ProPublica’s Nonprofit Explorer API and IRS Form 990 filings. Use of this data is subject to ProPublica’s terms of use. Healthcare professional salary data is aggregated from reputable sources such as Doximity, Medscape, and Becker’s Healthcare reports. While we strive to ensure the accuracy of the data, we make no guarantees regarding the completeness or timeliness of the data provided.

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  • No Financial or Legal Advice: The financial comparisons and information provided through this service are intended solely for general informational purposes. They do not constitute financial, investment, or legal advice and should not be relied upon as such. Users should verify any financial data before making decisions based on this information. We disclaim any liability for financial decisions made using this service, including investment or business decisions.

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  • No Liability for Accuracy: While efforts have been made to ensure the accuracy of the data, the Hospital Financial Information Service does not guarantee the accuracy, completeness, or reliability of any financial information. Data provided may change over time and may not always reflect the most current financial situation of the hospitals listed. Users should verify the financial data from primary sources as appropriate.

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  • Avatar Disclaimer: This AI avatar is a fictional representation and does not depict the actual appearance of any individual named. All executive salary data cited is drawn from publicly available IRS Form 990 filings and nonprofit disclosures. Physician salary data is aggregated from Doximity, Medscape, and Becker’s Healthcare reports. The videos may be for informational and educational purposes only. Avatars used are fictional and do not depict actual individuals.

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  • Separation from CME Promotion: Although this service is offered under the CME Trail brand, any reference to CME products or services is clearly distinguished from the hospital financial data content. We make sure that there is no ambiguity between the educational purpose of this service and any promotional materials for our CME products.

1.87K. Data Privacy & Security: CME Trail Inc. provides a platform intended for use by licensed healthcare professionals as a clinical decision support and medical education tool. The Services are designed to deliver general medical insights, educational content, and AI-powered assistance. The platform is not intended to collect, store, or process PHI unless explicitly and voluntarily entered by users for limited, transient purposes in connection with their use of the Services.

By using the Services, you agree and acknowledge the following:

  • If you are a healthcare provider or user inputting or accessing any patient-related information:
    • You represent and warrant that:
      • You comply with all applicable laws, including HIPAA, as a Covered Entity or authorized user;
      • You have obtained all required consents and authorizations from patients before inputting any PHI;
      • You are solely responsible for ensuring the lawful transmission and use of any PHI you choose to input;

You understand that CME Trail Inc. does not require or request PHI, and any such data is inputted at your own discretion and risk.

You agree to only input PHI when absolutely necessary for the limited purpose of using the Services, and to de-identify such data wherever feasible.

CME Trail Inc. acts as a service provider and may, in certain limited contexts, be considered a Business Associate under HIPAA when PHI is voluntarily submitted for use with the Services. In such cases:

  • PHI may be processed by secure, third-party infrastructure or AI providers (such as AWS, OpenAI) exclusively for delivering the Services.
  • CME Trail Inc. maintains BAAs with subcontractors where required, and implements appropriate technical and organizational safeguards.

You further agree:

  • To implement reasonable safeguards to prevent unauthorized access to your account or to any patient-related data;
  • Not to use the Services to share PHI beyond what is minimally necessary;
  • To notify CME Trail Inc. immediately of any suspected unauthorized access or disclosure of PHI;
  • To ensure any data you input is lawful, accurate, and, where possible, anonymized or de-identified.

CME Trail Inc. does not independently verify PHI, nor does it establish any provider-patient relationship through the platform. All clinical decisions remain solely the responsibility of the licensed user. The Services are not a substitute for independent clinical judgment.

CME Trail retains PHI in the form of modified clinical notes for up to 1 day by default and up to 7 days if the user specifically requests extended retention. No audio recordings or direct speech-to-text transcripts are stored. Only the structured clinical notes generated from the user's customized template are retained. By using the AI Dictation System or any service that may involve PHI, you acknowledge and consent to the temporary retention of PHI as specified. You agree to follow all HIPAA guidelines, including obtaining patient consent before entering PHI into the system. You are responsible for ensuring that any PHI inputted is lawful and de-identified where possible. PHI retained by CME Trail is automatically deleted after the retention period (1 day by default or 7 days if requested). Data deletion is performed using secure methods, including encrypted data removal from all storage systems. Users have the option to manually delete retained clinical notes before the retention period expires through their account dashboard. PHI is stored exclusively on secure, HIPAA-compliant infrastructure, including AWS and OpenAI services covered under BAAs. All PHI data is encrypted both at rest (AES-256) and in transit (TLS 1.2 or higher). CME Trail implements industry-standard security practices to protect all user data. Users can manually delete their clinical notes before the automatic deletion period through the dashboard. The system will prompt users before the end of the default retention period to confirm whether they wish to extend storage for up to 7 days. In the event of a data breach involving PHI, CME Trail will notify affected users within the legally required timeframe, in accordance with HIPAA regulations. Users will be informed via email or other secure communication methods.

CME Trail Inc. may make its records and practices available to the Secretary of Health and Human Services (HHS) as required under HIPAA.

Clarification of Intended Use: Our platform is intended as a general clinical support and education tool. It is not designed to directly handle, store, or manage PHI unless voluntarily entered by users in specific areas where such input is technically necessary. If you choose to enter PHI, you do so understanding that you are responsible for ensuring HIPAA compliance, and that CME Trail Inc. has no independent obligation to monitor or validate the data submitted.

1.87L. Disclaimer – Educational Use Only: The content, tools, and services provided on this platform are intended solely for continuing medical education and professional development purposes. They are not intended to diagnose, treat, cure, or prevent any medical condition. Use of the platform does not create a provider-patient relationship. Users are expected to exercise independent clinical judgment and verify information before relying on it in practice.

Liability

1.88. You agree to defend, indemnify, and hold CME Trail Inc., its successors and assignees, affiliates, officers, directors, employees, users, agents, representatives, contractors, licensors, and consultants, harmless from and against any claims, damages, costs, causes of actions, liabilities, including without limitation, reasonable attorney fees, resulting or arising from, Your use or inability to use any of the Services, Your breach of any provisions in this Terms of Use, Your violation of any rights (including but not limited to intellectual property rights and privacy rights) of any party including any User, or Your violation of any applicable laws or standards or practices. This provision will survive termination of the Terms of Use.

1.89. In the event of Your breach or threatened or alleged breach of this Terms of Use,  CME Trail Inc. will be irreparably harmed and may not have an adequate remedy in money or damages and shall be entitled to an injunction against such a breach from any court of competent jurisdiction. Notwithstanding the foregoing, CME Trail Inc. shall also have the right to obtain other applicable remedies available at law.

1.90. TO THE FULLEST EXTENT PERMITTED BY LAW, CME TRAIL INC., ITS SUCCESSORS OR ASSIGNEES, AFFILIATES, DIRECTORS, OFFICERS, PARTNERS, AGENTS, REPRESENTATIVES, CONSULTANTS, LICENSORS, CONTRACTORS, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, DEVELOPING, OR DELIVERING ANY OF THE SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND OR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION, LOSS OF DATA OR  INFORMATION OR CONTENT ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.

1.91. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CME TRAIL INC. FOR ALL CLAIMS RELATED TO THESE TERMS OF USE EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY CME TRAIL INC. FROM YOU FOR THE USE OF ANY PAID SERVICES DURING THE PAST THREE MONTHS.

1.92. THE LIMITATIONS OF LIABILITY OUTLINED IN THIS SECTION CONSTITUTE THE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CME TRAIL INC. AND YOU AND SHALL APPLY TO ALL CLAIMS OF LIABILITY SUCH AS INCLUDING BUT NOT LIMITED TO WARRANTY, TORT, STRICT LIABILITY, AND NEGLIGENCE EVEN IF CME TRAIL INC. HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

General

1.93. We may in our sole discretion, make any changes to the Services that we deem necessary or useful to maintain or enhance the quality or delivery of the Services.

1.94. This Terms of Use is governed by the laws of the State of Delaware and You agree to submit to the exclusive jurisdiction of, and venue in, the courts in the State of Delaware in any dispute arising out of or relating to this Terms of Use. The prevailing party shall be entitled to payment of its costs, expenses, and attorney fees by the non-prevailing party for any actions, disputes, or litigation arising out of or related to this Terms of Use.

1.95. We will send you notice to the last email address you provided to Us. Our dispatch of the email containing any notice will be considered effective notice to You notwithstanding such notice may not be delivered to You for reasons such as including but not limited to the invalidity of your email address, your inbox being full, or your email being inaccurate. If you sign up for one or more our text messaging programs, you hereby agree to the SMS Terms and Conditions[A1] , which is hereby incorporated by reference.

1.96. You may give notice to CME Trail Inc. at 8 The Green Street STE A, Dover, Delaware, 19901

1.97. We are not responsible nor liable for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third party technology providers, lockdowns, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Users.

1.98. These Terms of Use constitute the entire agreement between You and Us as to the subject matter stated herein.

1.99. If any provision of this Terms of Use is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.

1.100. Your use of any of the Services shall not make you an employee or agent or partner or joint venturer of CME Trail Inc..

1.101. You shall at all times comply with all applicable laws while using any of the Services.

1.102. Except as otherwise provided, nothing in this Terms of Use will provide or accrue any benefit to any third party or entitle any third party to any claim, cause of action, remedy, or right of any kind.

1.103. Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion. Delay in exercising or non-exercise any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

1.104. This Terms of Use binds and benefits the parties and their respective permitted successors and assigns.

1.105. All obligations to preserve the Confidential Information, intellectual property, and other disclaimers, and limitation of liability or any provision which by their nature should survive shall survive the termination of this Terms of Use.

1.106. We reserve the right to modify these Terms of Use at Our discretion at any time. Please regularly check the website to view the latest updated version. If there are any material changes, We may promptly notify you by email. To the extent permitted by applicable laws, Your continued use of any Services constitutes your acceptance of such change(s).

Last Updated: May 2025