|Click here to read our attorney's legal opinion.
I agree to the following conditions in ordering these products and/or services from Dr. Jensen. (If you cannot agree to these, please don’t proceed with your order.)
1. I recognize that Board review is Dr. Jensen’s primary professional activity. I acknowledge that by acquiring books, CDs, and other materials from Dr. Jensen, I am not obtaining ownership, but only the right to use these materials for the purpose for which Dr. Jensen created them. Accordingly, I will not copy books and/or CDs nor allow them to be copied by others. I also agree not to pass these materials around to others after I have completed my own work with them as I agree this will lead to unauthorized copying and other violations of Dr. Jensen’s copyright. I recognize that such violations of Dr. Jensen’s copyright do not reward him nor ultimately enable him to devote the time to achieve the focus myself and others who follow me most need for success.
2. I am purchasing only the right to use these materials for my own personal use and if they are used in a Departmental library I personally and on my honor guarantee they will be protected from unauthorized copying as I recognize this would violate Dr. Jensen’s copyright.
3a. I will not sell or transfer to anyone else book(s) and/or other materials I acquire from from Dr. Jensen. I agree that the materials have the chance of helping me overcome a major hurdle and have the value I am paying for them. By reselling books/CDs I agree that I am being compensated for Dr. Jensen's work, which I agree is unfair.
3b. I agree very specifically and explicitly that I will NOT offer for sale nor will I sell or transfer Dr. Jensen's homestudy materials, books, CDs, audio tapes, or any other materials I have obtained from him on eBay or any other on-line auction site. I understand this will result in a lawsuit and I may be responsible for Dr. Jensen's legal fees as well as associated damages, court costs, and other costs. (Please don't order my products or come to my courses or work with me in any other way if you cannot honor this contract and in other ways respect me and what I am doing to help you.)
4. I agree that I should pay for and not profit financially from Dr. Jensen’s efforts nor should I receive the information imparted for less than I am paying by selling them myself after I have benefited from them. I agree this would constitute a violation of honesty and integrity and of Dr. Jensen’s copyright.
5. At the Written course, I agree never to take an examination book or other unauthorized materials from the testing room.
6. At courses, I will not photocopy, photograph, or record meetings and/or materials unless specifically approved by Dr. Jensen.
7. Just as I expect to be treated with courtesy, respect, and friendship by Dr. Jensen and his employees and representatives I will give courtesy, respect, and friendship in return.
Accordingly, recognizing the important mission and copyrights of the ASA and ABA, I do not solicit examination questions or questions of any other kind (just so there is no misunderstanding of my intent) from those who take ABA examinations.
Therefore, the conveyance to me by any means of questions related to anesthesiology or to Boards in particular or any other question(s) is unwelcome. I don’t solicit such material and must insist that no one send it to me or even ask me if I desire to have it sent. (I have no desire and cannot be in the position of asking you to do things prohibited by the ABA, ASA, or by legal and ethical constraints placed upon me or as a consultant in anesthesiology or upon you as a prospective consultant.) Therefore, please don’t write, collect, or send questions such as following taking the examination or at any other time. Please consider this, too, as part of our working relationship, part of our formal working agreement, understanding, or “contract.”
Finally, if ever you hear me say or refer to a "remembered question," know that this is inadvertent. What I certainly mean to say (and always will say moving forward) is, "question developed or remembered from a published keyword, keyword question, keyword remembered question." Thanks for understanding and being sensitive to this, our legal obligations to protect copyrights of others as well as our special ethical obligations toward the ABA. This will help protect both of us, as nothing is more important to us than our good names.
9. Regarding hotel room blocks and as specified in all hotel/location details letters for specific meeting, the following agreement is necessary. Recognizing and appreciating that Dr. Jensen Board PREP DOES NOT charge extra fees for those who stay outside the hotel, I also recognize and appreciate the need for those staying IN the meeting hotel to be under the rate Dr. Jensen negotiated with the hotel. I therefore agree if staying in the meeting hotel to be under the rate, in the “block of rooms” negotiated by Dr. Jensen with the hotel for our meeting and agree to be charged the difference between what I am paying and what Dr. Jensen has negotiated plus a $50 administrative fee if I stay outside of the meeting block and do not stay within the block of rooms negotiated for the meeting. I further agree and consent to this charge using my credit card on file. Finally, given his special role at meetings to be a teacher and coach not only for me but for others, I agree not to involve Dr. Jensen personally with arguments, discussions, disagreements, or protestations of any sort arising from non-compliance related to failure to properly be a part of the group room block in the ways clearly stipulated in the hotel/ course details letter for a particular course. I will be contacted either by Dr. Jensen’s assistant or by a member of the hotel staff, either by telephone or email, and agree to comport myself in a gentlemanly way in response at all times.
b. I understand this is not an additional charge for my hotel room per se, but rather an additional charge to attend the meeting and help to cover charges associated with it (meeting space and very minimal breaks, minimal to help keep costs down as much as possible).
c. If everyone went outside of our established room blocks it would be impossible to have meetings without significant price increases. A few people who choose to write their own rules and stay outside agreed and established room blocks should not have primacy over the entire group, nor of our overall ability to have an affordable meeting.
d. If rules are fair and necessary, as they clearly are here, they should apply to everyone, not just a few. People should not be penalized for playing by the rules and people should not be rewarded for breaking them.
11. Courses sell out. Just because an order is placed does not mean we can accept you into a course. Hotel rooms space is hardly ever the issue because most often there are rooms around meeting hotels, should the meeting hotel sell-out. However, the problem develops when meeting room space is inadequate. Please be understanding, and please sign up as soon as you know you are likely to come—providing time for me to lobby hotels for more space if needed.
12. Respectfully, just as at any bookstore, all book sales are and must be considered final; all books have outstanding reputations, descriptions of all books on the site are extensive, there are pictures, we are available to answer questions, but we simply have neither the desire nor infrastructure to accept books back for refunds. Thanks for your understanding.
13. Emergencies happen and therefore I agree NOT to buy airline tickets prior to three weeks in advance of a meeting and/or before receiving from Dr. Jensen and his assistants the precise location information.
14. I agree that if I have problems, complaints, or concerns I will contact Dr. Jensen and/or his representatives to allow these issues to be resolved to my satisfaction. However, I agree when doing this to proceed with courtesy and in a spirit of cooperation, mutual respect, and friendship.
15. I understand that when buying digital products that the copyright laws of the United States as well as the higher moral and ethical responsibilities I have as a licensed and practicing physician preclude me from disseminating, distributing, or in other ways transferring, Dr. Jensen’s intellectual property to others who have not purchased and paid for it. Therefore, I agree not to do any of these, specifically that I will not further disseminate, distribute, nor transfer these products to others, and nor will I allow others to access this content in any way so they can achieve unlawful access to Dr. Jensen’s intellectual property.
Furthermore, specifically, while our intermediary (Edition Guard) tells us this will work on several devises, we don’t use PCs, we have never used some of the devises, nor some of these applications, and what we can guarantee is not the use of our digital products upon several devises, which will hope to be the case and are working toward, but ONE devise; at this time, while this is new, and while devises and applications can malfunction, we don’t think a failure for this to work on multiple devises should substantially negate the value of the materials enough to be used as a fair pretext to cancel the sale; we’ll always do our best to back this up, no one cares more than we do, but what we can guarantee now is not digital books on multiple devises, but rather the use of digital products on ONE devise only. This having been said, and having cleared Digital Blue to be used upon multiple devises, we’ll do our utmost to ensure that Digital Blue can be utilized on multiple of your devises. Still, what we guarantee at this time is compatibility and acceptable use on one device.
Finally, I agree in purchasing digital products that these are new and therefore can contain small glitches, which I will faithfully report and will then give Dr. Jensen and his team a fair and patient opportunity to address. Again, even though it's only relevant less than one percent of the time, I must re-iterate that all sales are final. I (NFJ) don't have the time, nor the interest, nor the capacity in this small, part-time office with part-time assistance, to receive back, credit back, charge back, nor take back purchased materials. I will try as much as time permits to answer questions over the phone, please call if you have questions, but increasingly I must rely upon the written descriptions on the site to serve as your best guide as to the suitability of my books and/or courses, and/or audio or other materials for your purposes. I also must increasingly rely upon my reputation of having coached so many successfully over so many years. Trust is important, believe me I know. I must have that trust to effectively work for and with you. In this context, again, all sales must be final.
16. I understand that our digital books will not printable in their entirety. Our digital books have a useful and valuable role to create command of focused material for Boards by being accessible on several devises, by having a copy and paste function which allows for printing of several hundred characters of text to facilitate study, by having a search function to look up and focus upon key words and concepts, and by creating a wonderful tool for on-the-go study on multiple devises. However, most digital books cannot be printed in their entirety as authors and publishers don’t want to set up print shops, with all due respect, across the globe—easy ways, seamless portals, where copyrights can be easily and flagrantly violated by a few malicious people--some of whom may have never even have purchased the book in the first place and might not even be an anesthesiologist taking Boards; this would be an enterprise in which we have no interest whatsoever. So, if I am purchasing a digital book, I agree to and clearly understand and accept both these advantages and these restrictions. (This having been said, so far, your rights as a purchaser of our digital books are not time restricted, as exists in many cases where digital offerings are made. Rather, they can become a permanent part of your digital library. Please use them hard, but also responsibly and respectfully to help YOU pass Boards—just as you would desire if our roles were reversed.)
17. If a course is cancelled for any reason, and if a participant is unable or does not desire to attend another course, all monies paid by that participant will obviously be reimbursed in full and in rapid order.
NFJ Note: I am humbled and honored to help you at this key juncture in your life. If you have any problems and at anytime please give me a call (800-321-7737) and give me a chance to correct them. You are under stress and will be under stress and I want to help rather than hurt you. Thank you sincerely and best regards.
Niels F. Jensen, M.D.