Terms of Service
Last Updated: May 2023
Challenger is a commercial educational service provider for medical students, residents, graduates, and practicing clinicians who are preparing for professional testing, certification, or compliance events. Challenger is in no way affiliated with the National Board of Medical Examiners (NBME®), Federation of State Medical Boards (FSMB), or any other official Emergency Medicine, Family Medicine, Internal Medicine, Obstetrics and Gynecology, Pediatric, Pediatric Emergency Medicine, Nurse Practitioner, Physician Assistant Examination, or Medical School organizations.
Challenger has produced an electronic publication utilizing software (the “Software”) either developed directly by Challenger or licensed from third parties (“Third Parties”) by Challenger and deployed via the Challenger Learning Portal (the “Portal”) to search, retrieve, and display the information contained in the publication. Such Third Parties include but are not limited to Microsoft, Inc., Google, Inc., and Amazon.com, Inc. In order to access the Portal, you, either individually or as part of an organization or group license, must: (1) register and be given access to the Portal using a screen name and password; and (2) agree to the Portal End User License Agreement. The Portal is separately accessible by visiting: https://app.challengercme.com/.
Information We Collect: When you visit the Site, we may send one or more cookies – a small file containing a string of characters – to your computer that uniquely identifies your browser. Cookies make it easier for you to log on to and use the Site during future visits.
Our servers may automatically record information when you visit our Site. These servers’ logs may include information such as your web request and Internet Protocol address.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the Site or interactive features of the Site.
We collect information that you voluntarily provide to us, including personally identifying information such as your name, postal address, email address, educational background, educational goals and interests, and credit card information (“Personal Data”).
There is also information about your computer hardware and software that is automatically collected. This information may include: your IP address, browser type, domain names, access times, and referring Web site addresses.Use of Your Information: By using this Site, you agree that we may use your Personal Data in the following ways:
- for the purpose you provided Personal Data, for example to enroll you in one of our courses, to process your order of one of our products, or to respond to a specific inquiry;
- to enhance your experience of other Challenger products and services;
- to administer, support, improve, and develop our business;
- to provide general statistics regarding use of the Site;
- to send you information about Challenger products or services and information that we believe will be of interest to you;
- to contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered;
- to allow you access to the Site to post your content or to communicate with others; and
- as otherwise described to you at the point of collection.
Disclosure of Your Information: We do not share your information with third parties for their marketing purposes. We may disclose your information in response to legal process, to protect our rights, as otherwise required by law, or for the prevention or detection of a crime. If we sell our company or part of it, or our business enters into a joint venture with another business entity, we may disclose some of your information to our new business partners or owners who may then provide you with information about their products and services. We may also share some of your data with service providers or business partners who help us to run the Site, provide analysis, or fulfill requests. We may share your data with our affiliates and subsidiaries. If your account was established as part of a group installation, such as but not limited to a training program or corporate purchase, all account information, including utilization and performance results but excluding credit card information, will be shared with any individuals designated by the group.
If you directly disclose personally identifiable information or personally sensitive data through Challenger’s public message boards, this information may be collected and used by others, and you hereby waive any objection to their use thereof.
Challenger encourages you to review the privacy statements of websites you choose to link to from Challenger so that you can understand how those websites collect, use, and share your information. Challenger is not responsible for the privacy statements or other content on websites outside of the Site.
Updating Your Profile: If you are a registered member of the Site, you may review and update your personal data by logging into your account and clicking on your name. If you have any questions about our treatment of your data, or if you wish to update your personal data, you can call us at 1-800-676-0822 Option 2 or submit a support request.
Your Ability to Choose: You can let us know if you do not want us to send you information by taking the following steps:
- To stop further delivery of informational emails, click the opt-out link at the bottom of those messages;
- To let us know about your other communication preferences, either call 1-800-676-0822 Option 2 or submit a support request. Please identify all the email addresses, postal address information, and phone numbers that you may have submitted to us, so we can ensure that we respect your wishes. This option is available where the purchase was not made as part of a group installation.
- United States Only: Challenger is based in the State of Tennessee in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. IF YOU ARE LOCATED IN THE EUROPEAN UNION OR SWITZERLAND, YOU ARE STRICTLY PROHIBITED FROM ACCESSING OR USING THE SITE OR THE PORTAL.
- Transfer of Data Outside of Your Home Country: Your information will be held in the United States. Your information may also be stored, processed, and accessed in other countries where Challenger has facilities. By using the Site, you consent to the transfer of your information outside your country, including to the United States.
Copyrights: All content, pages, applications, digital downloads, programs, publications, and data compilations on the Site and all text, photographs, graphics, video, and audio included in them or the Site (“Site Materials”) are the property of or licensed to Challenger. The Site contains material that is protected by copyright, trademark, or other intellectual property rights, and the Site and content on the Site are protected as a work or collective works under the copyright laws of the United States and other countries. Except for User Content (defined under User Content section below) that you own, and except as otherwise provided herein, you may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Site Materials.
Trademarks: The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Challenger and of Challenger’s licensors and collaborators. You may not use the Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users or third parties about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us. You may not frame the content of the Site without express, written consent by Challenger. You may not use metatags or any other “hidden text” that incorporates the Challenger Trademarks or our name without our express written consent.
Materials Provided to Challenger or Posted on any Challenger Web Site: Challenger does not claim ownership of the materials you provide to Challenger (including feedback and suggestions) or post, upload, input, or submit to any Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Challenger, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Challenger is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Challenger’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
User content: Your account may include the option to post content to the Portal. Any writing, statement, creative expression, electronic communication, or other representation you make, submit, or contribute to the Portal is considered “Content” or “User Content.” You understand that Challenger does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Challenger all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Content for publication pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Challenger, you hereby grant Challenger a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with Challenger’s business, including without limitation for promoting and redistributing part or all (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of Challenger a non-exclusive license to access your Content through Challenger or the Site, and to use, reproduce, distribute, display, and perform such Content as permitted through the functionality of Challenger or the Site and under these Terms of Service. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your Content from the Site. You understand and agree, however, that Challenger may retain, but not display or distribute, server copies of Content that has been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to Challenger will not contain third-party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Challenger all of the license rights granted herein.
Challenger does not endorse any Content submitted to the Site or the Portal by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Challenger expressly disclaims any and all liability in connection with Content. Challenger does not permit copyright infringing activities and infringement of intellectual property rights on the Site or the Portal, and Challenger will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Challenger reserves the right to remove Content without prior notice.
Reporting to Copyright Agent: If you are a copyright owner or agent thereof and believe that any of the Site Materials infringe upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512(c)), to our Copyright Agent with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed sufficient to identify the copyrighted work(s); (III) a description of the material that is claimed to be infringing, including the URL of the location containing the material that you claim is infringing, sufficient to identify the infringing material; (IV) your address, telephone number, and email address; (V) include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”; and (VI) include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Our Copyright Agent can be reached by mail as follows:
Attn: Copyright Agent
5100 Poplar Ave. Ste. 400
Memphis, TN 38137
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following: (I) your physical or electronic signature; (II) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (III) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (IV) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (V) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
When you register for Challenger’s services, you may be asked for payment and/or credit information. The Portal End User License Agreement sets forth the conditions under which such information will be collected generally as follows:
- Most of the information collected in the registration process will be used to process orders. During the order process, you will have to provide financial information such as your credit/debit card number, expiration date, CVV2 code, payee name, and billing address. This information is used for billing purposes and to fulfill your order. To properly process your credit/debit card information, we must share your personal and financial information with the merchant bank for authorization and approval. We do not share your personal and financial information with any third parties, except those specified in this policy.
- When you attempt a transaction on the Site, the card processor verifies available funds by placing a hold, or pending charge, on the amount of the intended transaction against your card. The card processor then confirms the accuracy of your remaining information (e.g., your address, CVV2 Code, expiration date, etc.) before processing the transaction. If you enter an incorrect address or other associated detail, then the transaction is declined. This is NOT a situation unique with this Site, but it is how virtually all online transactions are handled. Typically it takes the card issuing bank 2-5 days to clear associated pending charges resulting from failed/declined attempts.
- Refund policies are posted on our support site.
Disclaimers, No Warranty, and Limitations on Liability
Disclaimers; Limitations on Liability: User recognizes that all Challenger material, including the Site, Site Materials, Software, and Portal, is to be used only as a reference aid. It is not intended to be a substitute for the exercise of professional judgment by the User. Medicine is an ever-changing science. In view of the possibility of human error or changes in medical science, Users are advised to confirm the information in the Portal through independent sources. With respect to drug dosages, Users should confirm through independent sources that changes have not been made in the recommended dosages or in the contraindications for administration, particularly in connection with new or infrequently used drugs. Users should also consult their own laboratories for normal values.
Your use of the Site is at your own risk. All information on the Site is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, any warranty of non-infringement or any implied warranty of merchantability, or fitness for a particular purpose or any warranty that the Site will be uninterrupted or error free. In no event shall Challenger be liable to you for any damages (including indirect, incidental, consequential, or punitive damages) arising out of your use of, or inability to use, the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
It is your sole responsibility to understand the operation and configuration of your device with respect to operating systems, software applications, and Web browsers. Portal issues that result from ISP customizations of your computer’s operating system, Web browsers, and user environment can only be resolved by the ISP, and it is your responsibility to contact the ISP and request a resolution. You must use a Challenger-recommended version of an operating system, Internet browser, and any other required software to access the licensed materials. Use of the Site, Portal, Data Store, or Software or accompanying documentation or alternate presentations in any version other than those recommended may result in unexpected behavior, for which Challenger cannot be held responsible or liable for damages.
The Site, Portal, Data Store, or Software, or accompanying documentation or alternate presentations have been tested with a wide range of computer configurations; however, due to the rapidly evolving computer industry and unpredictability of various factors affecting computer systems, Challenger does not guarantee the functionality of its software on every configuration, nor does Challenger guarantee predictable behavior of the software in general. You recognize all of the above terms and accept that use of the Challenger software on your system is done solely at your own risk.
No refunds or cancellation will be honored due to your inability to install and/or use the provided software on any mobile device (regardless of whether or not the device meets the minimum system requirements).
An internet connection is required while the software is in use, and a Wi-Fi internet connection with an unlimited data plan is highly recommended (both unlimited upload and unlimited download). Use of a fixed data plan, limited data plan, and/or any other pay-per-use data plan for internet connection is not recommended. If you use a fixed, limited, or pay-per-use data plan, you will be solely responsible for any data charges incurred. You agree that Challenger will not be held liable for any data charges, overage fees, or any other miscellaneous fees or costs that result, directly or indirectly, from use of the software on your devices, including in the event of software malfunction.
You agree to indemnify and hold harmless Challenger and all of its officers, directors, employees, consultants, agents, and anyone providing information for the Data Store as well as other providers of software incorporated in the Software, from any third party.
Disclaimers of Warranty: You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SITE OR CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CHALLENGER NOR ANY PERSON ASSOCIATED WITH CHALLENGER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER CHALLENGER NOR ANYONE ASSOCIATED WITH CHALLENGER REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, CHALLENGER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability: TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CHALLENGER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification: You agree to defend, indemnify, and hold harmless Challenger, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (at Challenger’s election) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement, your representations or warranties in this Agreement, or your use of the Site, including, but not limited to, your User Content, any claim of copyright infringement arising from the User Content you submit to the Site, any use of the Site’s content, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from the Site.
Member Account/Password and Security:You must complete Challenger’s registration process in order to subscribe to and use the Portal or other Services by providing us with current, complete, and accurate information as prompted by the applicable registration form. You or the organization registering on your behalf will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account for any and all activities that occur under your account. You agree to notify Challenger immediately of any unauthorized use of your account or any other breach of security. Challenger will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You agree to indemnify Challenger in the event of any unauthorized third-party use of the Portal that results from your acts or omissions. Additionally, you hereby indemnify Challenger in the event damages occur as a result of someone else using your account or password.
Linked Sites: The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Challenger, and Challenger is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Challenger is not responsible for webcasting or any other form of transmission received from any Linked Site. Challenger is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Challenger of the site or any association with its operators. We do not endorse and are not responsible for the availability or content of other services that may be linked to our Site.You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
Personal Use Only, Non-Assignment, and Restriction Against Transfer: This Site is for your personal use only; this Agreement is not assignable. Commercial use of the Site or of any Site content is prohibited. You agree not to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Site, the Portal, or other licensed materials. In the event that Challenger believes in its sole discretion that an account is being used by multiple users at the same time without authorization, Challenger reserves the right to terminate that account without any notice or refund. We also reserve the right to sue for breach of contract. Challenger may assign this Agreement, in whole or in part, in our sole discretion. You may not assign or sublicense this Agreement or your rights under this Agreement without the prior written permission of Challenger. Any attempt by you to assign or sublicense your rights under this Agreement without Challenger’s permission shall be void.
No Unlawful or Prohibited Use: As a condition of your use of the Site, you covenant to Challenger that you will not use the Site for any purpose that is unlawful or prohibited by the terms of this Agreement. You agree that you shall not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You agree not to obtain or to attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
Adults: The Site is intended for the use of adults. The Site is not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the Site. The Site does not knowingly collect personal information from children under 16. If you are under age 16, do not use or provide any information on this Site or register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under age 16, please contact us at:
5100 Poplar Ave. Ste. 400
Memphis, TN 38137
By phone: 800-676-0822
Online: Support Request
Choice of Law, Forum and Attorney’s Fees:(a) This Agreement shall be governed by the laws of the State of Tennessee without giving effect to any choice- or conflict-of-law provision or rule (whether of the State of Tennessee or any other jurisdiction). Any action related to the purchase or use of the Portal by or for any User must be brought solely before a court of competent jurisdiction in Shelby County, Tennessee. (b) In the event of such a dispute, the non-prevailing party shall pay all reasonable costs, including court costs and attorneys’ fees, incurred by the prevailing party in the enforcement of the provisions of this Agreement. (c) User is responsible for all sales, use, or similar taxes. (d) Use, duplication or disclosure by the U.S. Government is subject to restrictions stated in FAR 252.227-7013. No action, regardless of form, arising out of this Agreement may be brought by you more than one year after the cause of action has occurred.
WAIVER OF JURY TRIAL:THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDINGS ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS.
Severability: If any provision of this Agreement is ruled unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
Violations: In the event that you breach any term of this Agreement, Challenger may, at its sole discretion, terminate this Agreement, your access to the Site, and its provision of services to you without refund. Challenger reserves the right to seek all remedies available by law and in equity for such breaches.
Termination/Suspension/Access Restriction: Challenger reserves the right, in its sole discretion, to terminate or suspend your access to the Site and the related services or any portion thereof at any time, without notice.
No Employment Relationship: You agree that no joint venture, partnership, employment, or agency relationship exists between you and Challenger as a result of this Agreement or use of the Site. Challenger’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Challenger’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Challenger with respect to such use.
Integration: Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and Challenger with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Challenger with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All comments, queries and requests relating to our policies and/or use of your information are welcomed and should be addressed as follows:
5100 Poplar Ave., Ste. 400
Memphis, TN 38137
By phone: 800-676-0822
Online: Support Request