Institute for Surgical Excellence Terms and Conditions of Use
Institute for Surgical Excellence hopes that you will find the Service useful but reminds you that the Service is intended for general education and information purposes only, and is not intended to serve as a substitute for professional medical advice, diagnosis, or treatment. You should always exercise your professional judgment in evaluating your patients, and should carefully consider any treatment plan based upon any Content (as defined below). Institute for Surgical Excellence encourages you to confirm the information made available or otherwise obtained through the Service with other reliable sources before undertaking any treatment based on such Content. We also encourage you to review from time to time the American Medical Association’s Policy for Professionalism in the Use of Social Media located at http://www.ama-assn.org/ama/
ACCEPTANCE OF TERMS
You represent and warrant that: (a) you are not under the age of 18; (b) you are a licensed physician or other healthcare practitioner in good standing under the laws and regulations of the jurisdiction in which you practice; (c) you have not previously been suspended or removed from Institute for Surgical Excellence; (d) you do not have more than one Institute for Surgical Excellence account at any given time; (e) all registration information you submit is accurate and truthful; and (f) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party. Institute for Surgical Excellence may, in its sole discretion, refuse to offer the Service to any person and change its eligibility criteria at any time (this provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions).
As a condition to using the Service, you will be required to register with Institute for Surgical Excellence using your email address and password chosen by you (collectively, your “Institute for Surgical Excellence ID”). You shall provide Institute for Surgical Excellence with accurate, complete, and updated registration information. Institute for Surgical Excellence reserves the right to refuse registration of, or cancel a Institute for Surgical Excellence ID in its sole discretion. You are solely responsible for all activity that occurs under your Institute for Surgical Excellence ID and shall be responsible for maintaining the confidentiality of your password. You shall never use another Participant’s account or allow any third party to use yours. You will immediately notify Institute for Surgical Excellence in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You grant us and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use your Institute for Surgical Excellence ID and related registration information in connection with the operation of the Service.
Institute for Surgical Excellence CONTENT
The term “Content” includes, without limitation, any tools, services, advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Institute for Surgical Excellence, its content providers or other partners, or other Participants on or through the Service including all Participant Submissions (as defined below).
You agree that the Service contains Content specifically provided by Institute for Surgical Excellence or its partners, and that as between the parties such Content (except for Participant Submissions provided by you) is the property of Institute for Surgical Excellence and is protected under U.S. and international intellectual property laws, including copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any such Content. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, display in frames, link to, or otherwise commercially exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the express written consent of the respective owners or other valid right, and (ii) in any way that violates any third party right. You may print or download a single copy of the Content from the Site solely for personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
Patients in cases are not real. All patient information is strictly hypothetical. Any resemblances to real patients are completely coincidental. The content available in the cases is for informational and educational purposes only and is not an alternative to physical examination or a substitute for the professional judgment of a clinician in diagnosing and treating patients on an individual basis. The ideas expressed in each case are solely the opinions of the author(s) and do not necessarily represent the opinions of Institute for Surgical Excellence.
The Service provides you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship or other information to the Site (the “Participant Submissions”). You own all rights, title and interests in and to all Participant Submissions provided by you. Such Participant Submissions are non-confidential and are the property of the originating Participant. By posting Participant Submissions on the Site or otherwise through the Service:
- You represent and warrant: that you own or otherwise control all rights to post such Participant Submissions and that disclosure and use of such Participant Submissions by Institute for Surgical Excellence (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party, including without limitation any privacy, publicity, contract or other rights of any person or entity;
- You understand that Institute for Surgical Excellence shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated; and that Institute for Surgical Excellence cannot guarantee the identity of or the authenticity of any data posted by any other Participants with whom you may interact in the course of using the Service.
- Your Participant Submissions will not contain any personally identifiable information with respect to any patient or other third party. In particular, you must remove any information that would associate your submission with a specific patient or individual. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy rule allows for the use of de-identified health information so long as identifiers have been removed and a key is not disclosed that would allow the information to be re-identified. You will not disclose to Institute for Surgical Excellence a key to re-identify any patient data.
- You shall not post any Participant Submissions that contain misleading, false, or inappropriate language or statements.
Institute for Surgical Excellence does not endorse any Participant Submissions. Institute for Surgical Excellence has the right, but not the obligation, to monitor the Site, Service, Content, or Participant Submissions. Institute for Surgical Excellence may remove any Participant Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Participant Submission), or for no reason at all. Institute for Surgical Excellence will consider requests to remove Participant Submissions on a case-by-case basis once we are contacted by the Participant.
Under no circumstances will Institute for Surgical Excellence be liable in any way for any Participant Submissions, including, but not limited to, any errors or omissions in any Participant Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Participant Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service.
RULES AND CONDUCT
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
- Violates local, state, national, or international laws or regulations;
- Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, torturous, obscene, offensive, or profane;
- Involves commercial activities and/or sales without Institute for Surgical Excellence’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Institute for Surgical Excellence or any third party;
- Fails to respect other Participants’ privacy or that of any third party; or
- Impersonates any person or entity, including any employee or representative of Institute for Surgical Excellence.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Institute for Surgical Excellence in its sole discretion) an unreasonable or disproportionately large load on Institute for Surgical Excellence’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Institute for Surgical Excellence may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) attempt to probe, scan, or test the vulnerability of the Service (or other computer system or networks connected with the Service); (v) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (vi) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site. Violations of system or network security may result in civil or criminal liabilities. Institute for Surgical Excellence will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
LINKS TO OR FROM THIRD PARTY SITES
The Site may permit you to link to other websites or resources on the Internet. When you access a third party website, you do so at your own risk. These other websites are not under Institute for Surgical Excellence’s control, and you acknowledge that Institute for Surgical Excellence is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such website or resources, or for any damage or loss caused or alleged to be caused by your use of or reliance on any content, goods or services available on or through any such website or resource. The inclusion of any such link does not imply endorsement by Institute for Surgical Excellence or any association with its operators.
The Content available through the Service is for informational and educational purposes only and is not an alternative to physical examination or a substitute for the professional judgment of a Clinician in diagnosing and treating patients on an individual basis. All Content, including any advice, suggestions, and/or recommendations, has not been generated as part of any direct professional evaluation where the Clinician has the benefit of information that would be obtained by examining a patient in person and observing his/her medical condition. You are expected to use your own professional judgment when utilizing Content found on the Site. We encourage you not to advise, diagnose, or otherwise treat patients solely by use of this Site. The Participant accessing the Site assumes full responsibility for any use of the Content and agrees that Institute for Surgical Excellence, its partners, associates, and any other providers of Content are not responsible or liable for any claim, loss, or damage arising from the use of the information. No professional fee has been charged by or paid to Institute for Surgical Excellence and Institute for Surgical Excellence does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses, or other information that may be mentioned on the Site.
Please remember that any information disclosed on Site becomes public information and that you should exercise caution when deciding to disclose any personal information.
In addition, you should exercise caution and be aware of professional ethical guidelines and laws that restrict the disclosure of certain personal and health information about patients. You represent and warrant that you will at all times comply with all laws as well as institutional and professional guidelines directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of such patient information. The Participant is, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view patient data. Institute for Surgical Excellence CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR THE USE OR MISUSE OF PATIENT DATA OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED BY THE PARTICIPANT WHILE USING THE SITE. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY CONTENT (INCLUDING ANY PARTICIPANT SUBMISSION) IN OUR SOLE DISCRETION.
No representations or warranties
SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONNECTION WITH CONSUMER TRANSACTIONS, SO THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Institute for Surgical Excellence IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY INFORMATION (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER PARTICIPANT SUBMITTED CONTENT) SENT THROUGH Institute for Surgical Excellence TO ANYONE. IN ADDITION, Institute for Surgical Excellence NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICES, OR TECHNOLOG TO Institute for Surgical Excellence.
Institute for Surgical Excellence DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SITE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICE BY OTHER PARTICIPANTS. THEREFORE, Institute for Surgical Excellence DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
Institute for Surgical Excellence DOES NOT GUARANTEE THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE SERVICE MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. Institute for Surgical Excellence DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, Institute for Surgical Excellence DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONS, LIMITATIONS ON ACCESS, OR POOR USE CONDITIONS OF THE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, OR FOR ANY OTHER REASON UNRELATED TO THE SITE.
THE SERVICE AND THE CONTENT ARE MADE AVAILABLE AND DISTRIBUTED ON AN “AS IS” OR “AS AVAILABLE” BASIS. Institute for Surgical Excellence IS NOT RESPONSIBLE FOR ANY INFORMATION, MATERIAL, OR IDEAS SUBMITTED ON THE SERVICE. MORE SPECIFICALLY, Institute for Surgical Excellence DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT OR ANY OTHER COMMUNICATIONS POSTED BY OTHER PARTICIPANTS, NOR DOES IT ENDORSE ANY OPINIONS EXPRESSED BY OTHER PARTICIPANTS. Institute for Surgical Excellence AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT USE OF THE SERVICE AND CONTENT IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONSUMER TRANSACTIONS, SO THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither Institute for Surgical Excellence nor any of its subsidiaries, affiliated companies, employees, stockholders, or directors, suppliers and consultants shall be liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any of the Content or other materials on, accessed through or downloaded from the Service even if Institute for Surgical Excellence is aware or has been advised of the possibility of such damages. The foregoing limitation of liability will apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, and will also apply even if Institute for Surgical Excellence knew or should have known about the possibility of such damages. If you are dissatisfied with the Service, your only remedy is to stop using the Service.
As the Service is intended to foster candid and collegial collaboration between healthcare professionals, as such, you hereby consent and agree that no other Participant shall be liable to you for any damages, losses, claims, or other amounts arising from your use of the Service, any of the Content, or other materials on, accessed through or downloaded from the Service.
Your use of the Service is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You may not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Services without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
GOVERNING LAW AND JURISDICTION
INTEGRATION AND SEVERABILITY
NOTICE AND TAKEDOWN PROCEDURES AND COPYRIGHT AGENT
If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access thereto) from the Service by contacting Institute for Surgical Excellence Customer Support at [email protected]
surgicalexcellence.org and providing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in the notice is accurate, and that you are either the copyright or intellectual property owner, or authorized to act on the copyright or intellectual property owner’s behalf.
You may contact Institute for Surgical Excellence by email at [email protected]