Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY
1. ACCEPTANCE OF TERMS
By clicking on the "I agree" or "yes" button below, User acknowledges that User has read this agreement, understands it, and agrees to be bound by it. If User does not agree to any of the terms below, Medical Media Systems is unwilling to license the Medical Media Systems information to User, and User should click on the "I decline" or "no" button below to discontinue the registration process.
Welcome to Medical Media Systems. Our mission is to provide health professionals and students in the health professions with advanced yet easy-to-use tools and knowledge needed to provide the highest quality medical care to their patients. Your use of this web site and the Service (as defined below) is subject to your agreement to these Terms and Conditions of Service. Please note that these Terms and Conditions of Service include any posted guidelines or rules applicable to particular services that may be posted from time to time and, if you later enroll in any services offered to health professionals, any Enrollment Form, Service Agreement or similar agreement that you complete at the time of such enrollment, all of which are incorporated as though fully set forth herein ("Terms and Conditions"). These Terms and Conditions govern your use of the Medical Media Systems site and Service and may be updated by Medical Media Systems from time to time without notice to you.
This is a license agreement ("Agreement") between Medical Media Systems and the individual User or healthcare provider ("User") who has completed the online registration form on the website (as defined below). This agreement provides the User the right to access and view the streaming video and other content thereto made available by Medical Media Systems. The content is referred to collectively as the "Service." Medical Media Systems is willing to grant licensee the following license (The "License") to use the Medical Media Systems information according to this agreement, only on the condition that User accepts all terms in this agreement.
2. USE OF SERVICE
Medical Media Systems currently provides health professionals and students in the health professions with access to a collection of medical education resources, including:
• Streaming media access to physical diagnosis instructional video and audio programs.
• Downloadable files to assist with physical diagnosis skills, when available.
• Web links to other useful sites pertaining to physical diagnosis skills, when offered.
• Other educational programs, when offered.
Medical Media Systems may alter, augment or remove the Service in whole or in part at any time and from time to time in its sole discretion. The Service is specifically intended for use by students and practitioners of the health professions. In all cases, however, the Service is intended for general reference only... User will use the Medical Media Systems Information only as a reference aid, and will acknowledge that such information is not intended to be (nor should it be used as) a substitute for the exercise of professional judgment. In view of the possibility of human error or changes in medical science, User should confirm the information in the Content through independent sources. User agrees and acknowledges that User will, at all times, advice patients to seek professional diagnosis and treatment for any medical condition and to discuss information obtained from the Content with their healthcare provider.
To use the Service you will need to have access to the World Wide Web and you must pay any fees associated with your use of such access. Of course, you will also need equipment and a modem or other access device.
3. CONTENT MAINTAINED BY MEDICAL MEDIA SYSTEMS.
User acknowledges and agrees that: (a) Medical Media Systems or its licensors may, from time to time, elect to update information contained in the Content, but Medical Media Systems does not warrant or guarantee that any product description(s) or other information accessed through the Service will be updated at any time during the term of this Agreement; (b) Medical Media Systems does not assume, and expressly disclaims, any obligation to obtain and include any information in the Content; (c) the Content includes or may include information provided to Medical Media Systems by its licensors or other third parties, and Medical Media Systems does not assume and expressly disclaims any responsibility for the accuracy of such third-party content; (d) Medical Media Systems is not advocating the use of any product described in the Content (or elsewhere), nor is Medical Media Systems responsible for misuse of a product or procedure due to typographical or other errors in the Content, User negligence or otherwise.
4. RESTRICTIONS. User may not use, copy, modify, or transfer the Medical Media Systems Information, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. User may not reverse engineer, disassemble, decompile, or translate the Medical Media Systems Information, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing. User is prohibited from developing, selling or distributing applications that are capable of launching, being launched from, or are otherwise integrated with, the Medical Media Systems Information without the express written consent of Medical Media Systems. User may not rent, lease, loan, resell for profit, distribute, sublicense or use in a time-sharing arrangement the Medical Media Systems Information, or any part thereof.
As a single exception, Users may copy and share physical diagnosis software designed for a personal digital assistant (PDA) provided free of charge by Medical Media Systems, either by file copying and sharing, or by beaming the software from one PDA to another.
5. DISCLAIMER OF WARRANTIES.
The customer acknowledges that the service and any products are provided on an "as is" basis. Except for warranties which may not be disclaimed as a matter of law, Medical Media Systems makes no representation or warranties whatsoever, express or implied, including but not limited to representations or warranties regarding the accuracy or nature of the content of the service, warranties of title, noninfringement, merchantability or fitness for a particular purpose. Medical Media Systems makes no warranty that the service will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete or error-free or that the results that may be obtained by use of the service will be accurate or reliable. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the service is to cease to use the service.
The customer acknowledges that updates to the Service are at the sole discretion of Medical Media Systems. Medical Media Systems makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Service, or future releases thereof, with any computer hardware or software, nor does Medical Media Systems represent or warrant the continuity of the features or the facilities provided by or through the Service as between various releases thereof.
Any warranties expressly provided herein do not apply if: (i) the Customer alters, mishandles or improperly uses, stores or installs all, or any part, of the Service, (ii) the Customer uses, stores or installs the Service on a computer system which fails to meet the specifications provided by Medical Media Systems, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Medical Media Systems.
6. LIMITATION OF LIABILITY
You expressly understand and agree that Medical Media Systems shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss or other losses (even if Medical Media Systems has been advised of the possibility of such damages), resulting from: the use or inability to use the service, statements or conduct of any third party provided or received as a result of the service, any link provided in connection with the service, or any matter otherwise related to your use of the service.
The customer assumes all risk for selection and use of the service and content provided thereon or any software furnished in connection therewith. Medical Media Systems shall not be responsible for any errors, misstatements, inaccuracies or omissions regarding content delivered through the service or any delays in or interruptions of such delivery.
The customer acknowledges that Medical Media Systems: (A) has no control of or responsibility for the customer's use of the service or content provided thereon, (B) has no knowledge of the specific or unique circumstances under which the service or content provided thereon may be used by the customer, (C) undertakes no obligation to supplement or update content of the service, or (D) has no liability to any person for any data or information input on the service by the customer to the service.
Medical Media Systems shall not be liable to any person (including but not limited to the Customer and persons treated by or on behalf of the Customer) for, and the customer agrees to indemnify and hold Medical Media Systems harmless from any claims, lawsuits, proceedings, costs, attorney's fees, damages or other losses (collectively, "losses") arising out of or relating to (A) the customer's use of the service or content provided thereon or any software furnished in connection therewith and (B) any data or information input on the service by Customer, in all case including but not limited to losses for tort, personal injury, medical malpractice or product liability. Further, without limiting the foregoing, in no event shall Medical Media Systems be liable for any special, incidental, consequential, or indirect damages, including damages for loss of profits, loss of business, or down time, even if Medical Media Systems has been advised of the possibility of such damages, the information contained within the service is intended for use only by physicians and other healthcare professionals who should rely on their clinical discretion and judgment in diagnosis and treatment. As between the customer and Medical Media Systems, the Customer hereby assumes full responsibility for insuring the appropriateness of using and relying upon the information in view of all attendant circumstances, indications and contradictions.
7. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages and, therefore, some of the limitations set forth in Sections 3 and 4 may not apply to you.
8. LIMITATIONS ON USE
The License granted by Medical Media Systems to the User will terminate immediately without notice to User if User breaches any term or condition of this Agreement. Medical Media Systems reserves the right to deny, suspend or terminate your access to the Service at any time or to enhance or change the Service provided at anytime without notice to the User. User may terminate this Agreement at any time by notifying Medical Media Systems in writing. Upon termination, the license to access the Service shall cease.
9. CONDUCT ON THE SITE.
You understand and agree that all information, data and other material provided in this Service ("Content") is the responsibility of the person or entity providing such Content. You are responsible for all Content that you upload, post, email or otherwise transmit using the Service. Likewise, you are responsible to respect third party rights with respect to all Content that appears on the Site and not to download, email or otherwise transmit such Content in violation of such third party's rights. You agree not to use the Service to:
• Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity;
• Upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically, or otherwise offensive.
• Impersonate another person or entity, including without limitation, a medical doctor, health professional or student of the health professions, representative of Medical Media Systems, forum leader, guide or host, falsely represent or misrepresent your affiliation with another person or entity, falsely represent or misrepresent your age if you are a minor, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted through the Service.
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation initiation or perpetuation of any "Spam", "Junk Mail", "Chain Letter" "Pyramid Scheme", or any other potentially objectionable form of unsolicited communication, except to the extent such an activity is clearly reasonable and appropriate (such as advertising) and then only in areas of the web site designated for such activities (such as a shopping room).
• Use the Service or the web site for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government.
• Collect or store personal data with respect to other Users other than in such circumstances (such as chat groups), and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such other Users.
• Directly or indirectly intentionally disrupt or interfere with the Service or the web site in any manner that may materially adversely affect Medical Media Systems or any User.
• Upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
10. DISCLAIMER OF CONTENT
You understand and acknowledge that Medical Media Systems assumes no responsibility to screen or review content provided as part of the services and that Medical Media Systems shall have the right (but not the obligation) in its sole discretion to refuse, monitor or to remove any content that is available through the service. Medical Media Systems expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of content review. You acknowledge and agree that you assume all risk associated with the use of any and all content.
11. OWNERSHIP OF CONTENT
The Medical Media Systems Information is the property of Medical Media Systems or its licensor(s) and is protected by copyright and other intellectual property laws. Access to the Medical Media Systems Information is licensed, not sold, to User for use only under the terms of this Agreement, and Medical Media Systems reserves all rights not expressly granted to User.
You understand and agree that your use of Medical Media Systems entitles Medical Media Systems to monitor usage of all Content and to disclose such Content if required to do so by law or in the good faith belief that such disclosure will promote: compliance with legal process, enforcement of these Terms and Conditions; assistance in responding to claims that Content violates the rights of third parties; protection of the personal safety of any person; or protection of the property rights of Medical Media Systems or any other person or entity.
The Service may provide, or third parties may provide, links to other World Wide Web Sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Medical Media Systems with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and Medical Media Systems is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. Medical Media Systems makes no representations or warranties with respect to any linked site: your use of any linked site is solely at your own risk. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.
12.1 REPORTED USAGE
Our website is often recommended by the educational institution which the User attends. These educational institutions often request information from us regarding usage of our website by their students (Users). In the situation where an educational institution lists, suggests, recommends or requires a subscription to the Medical Media Systems service, either in writing or verbally, you agree to allow us to release to the educational institution where you, the User, are enrolled, the following information.
A. Your full name, website user ID and email address.
B. Date of initial registration and last usage of our website.
C. Which video programs you viewed and when, as of the date we accessed usage information.
You agree to defend, indemnify and hold Medical Media Systems, its officers, directors, employees and agents, harmless from and against any third party claim, action or demand ("Claim") and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from your use of the Content, the Services (including the interactive areas of the Services) in a manner that violates these Terms and Conditions. Medical Media Systems shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
14. RELATIONSHIPS WITH ADVERTISERS
Your communications with or participation in the promotion of any person or entity advertising on the Medical Media Systems service ("advertisers"), including without limitation, terms and conditions of the offer and sale of products and services offered by the advertiser, are independent of Medical Media Systems and are solely between you and the advertiser. You acknowledge and agree that Medical Media Systems shall not be responsible or liable to you for any loss, injury or damage of any kind arising out of any communication provided by advertisers on the service or any dealing with any advertiser that you may have. Medical Media Systems makes no representations or warranties with respect to advertisers and their products, including without limitation, the suitability or reputation any advertiser or any product or service offered by any advertiser.
15. TRADEMARK AND COPYRIGHT INFORMATION
The Living Atlas of Medicine is a trademark of Medical Media Systems. Other trademarks are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of Medical Media Systems or the owner of such mark.
16. COPYRIGHT INFORMATION
The Content of this Service is owned by Medical Media Systems and/or its affiliates and third parties and is protected by the United States Copyright Act of 1976 as amended and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content of the Service, including graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of Medical Media Systems, except that, subject to your compliance with these Terms and Conditions, Medical Media Systems authorizes you to view or download a single copy of educational software programs, when available, which are specifically designated for downloading, solely for your personal, noncommercial use provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of Content or use of Content for any other purpose is a violation of the rights of Medical Media Systems, its affiliates or third parties. Nothing herein shall be construed as conferring by implication, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of Medical Media Systems, its affiliates or third parties.
17. JURISDICTION AND VENUE.
You and Medical Media Systems and any of its affiliates, employees, contractors, officers, or directors agree that this agreement and the relationship between you and Medical Media Systems will be governed by the laws of the State of Illinois, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and Medical Media Systems will rest exclusively in the courts of Cook County and the federal court for the State of Illinois. You and Medical Media Systems further agree and expressly consent to exercise of the personal jurisdiction of the courts in the State of Illinois.
18. WARRANTY; DISCLAIMER.
The Medical Media Systems information is provided to user "as is." except as expressly provided under this agreement, Medical Media Systems and its affiliates, agents and licensors: (a) cannot and do not warrant the accuracy, completeness, currency or non-infringement of the Medical Media Systems information provided hereunder; and (b) expressly disclaim all warranties and conditions, express, implied or statutory, including without limitation the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. The laws of some jurisdictions do not permit waivers of certain warranties, so portions of the above disclaimer may not apply to User. In the event Medical Media Systems cannot waive any warranty, the duration and scope of such warranty will be the minimum permitted under applicable law.
19. Limitation of liability. Neither Medical Media Systems nor its affiliates, agents or licensors shall be liable under any claim, demand or action arising out of or relating to user's use of the Medical Media Systems information, nor Medical Media Systems' performance of (or failure to perform) any obligation under this agreement, nor for direct, special, incidental or consequential damages, including, without limitation, damages due to lost profits or business interruption, or other damages, even if Medical Media Systems, its affiliates, agents or licensors have been advised of the possibility of such loss or damages and whether or not such loss or damages is/are foreseeable and notwithstanding the failure of essential purpose of any limited remedy. The laws of some jurisdictions do not permit the disclaimer of liability for certain types of damages, so portions of the above may not apply to User.
20. U. S. GOVERNMENT END USERS. The Medical Media Systems Information is a "commercial item" as that term is defined at FAR 2.101, consisting of “Electronic and Information Technology (EIT)” and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 and is provided to the U.S. Government only as a commercial end item. Consistent with FAR 12.212 and DFARS 227.7202, all U.S. Government End Users acquire the Medical Media Systems Information with only those rights set forth herein.
21. EXPORT LAW. The Medical Media Systems Information and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. User agrees not to export the Medical Media Systems Information under any circumstances whatsoever, and by downloading the Medical Media Systems Information, User warrants that User's receipt of the Medical Media Systems Information does not violate the laws or regulations, including applicable sanctions or embargoes, of the U.S. or any other country. User will indemnify and hold Medical Media Systems harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney's fees) arising from or relating to any breach by User of its obligations and warranty under this paragraph. User's obligations under this paragraph will survive the expiration or termination of this Agreement.
22.1 GOVERNING LAW. This Agreement and the legal relations between the parties arising hereunder shall be governed by and interpreted in accordance with the laws of the State of Illinois exclusively, as such laws apply to contracts between Illinois residents performed entirely within Illinois. The Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
22.2 ARBITRATION - CHOICE OF FORUM AND VENUE. Any dispute, controversy or claim arising out of or relating to this Agreement shall be settled by arbitration in Cook County Illinois, by a single arbitrator in accordance with the American Arbitration Association ("AAA") rules. The arbitrator shall be empowered to award only those damages which are permitted in this Agreement, subject to any disclaimers of damages and liability limits set forth herein. The award rendered by the arbitrator shall include costs of the arbitration and reasonable costs for experts and other witnesses. Judgment on the award may be entered in any court having jurisdiction. Nothing in this Agreement shall be deemed as preventing either party from seeking provisional relief from any court of competent jurisdiction, in order to protect that party's name or proprietary rights. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Illinois law.
22.3 PRIVACY. Medical Media Systems' current privacy policies are available on the Website, at http://www.MedicalMediaSystems.com/privacy.php, and are incorporated herein by reference.
22.4 WAIVER. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
22.5 ASSIGNMENT. Neither this Agreement nor any rights or obligations of User hereunder may be assigned or delegated by User in whole or in part without the prior written approval of Medical Media Systems. Any assignment or delegation in derogation of the foregoing shall be null and void.
22.6 SEVERABILITY. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party's rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.
22.7 COMPLETE AGREEMENT. This Agreement is the complete and exclusive statement of the agreement between Medical Media Systems and User which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.
These Terms and Conditions govern your use of the Service. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Service. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of Medical Media Systems to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of these Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
The website, its content and any provided software is protected by United States copyright law and international treaty. Unauthorized reproduction or distribution is subject to civil and criminal penalties.