These Terms of Use govern your use of InformedConsentMD.com.
Please read these Terms of Use in
their entirety, since they constitute a binding agreement between you, us and
our licensors. Each paragraph provision contained in these Terms of Use is important
and requires your agreement and compliance. They may be lengthy, but health
care is a highly regulated industry and many of these provisions are legally
required.
1.
Categories
of Users and Uses
InformedConsentMD.com
(the “Site”) may be accessed and used by: (1)
physicians and other individual medical professionals who have paid the
subscription fee (“Paid Subscribers”) and (2) Patients and other non-medical
Users at the direction, and subject to the guidance, of their personal
physicians who are also Paid Subscribers ("Patients"). (Paid
Subscribers and Patients are collectively referred to as “Users”) and, except
as otherwise provided herein, the following terms and conditions apply to all
categories of Users.
2.
The Site was
developed to provide video-based educational materials relevant to the fields
of medicine and surgery. All Users of the Site acknowledge and agree that the
Site is for informational and educational purposes only and not as a substitute
for required medical training. It is not intended to be a substitute for the
customary and essential physician – Patient pre-operative counseling and risk
disclosure. Paid Subscribers agree that:
a.
the techniques, information and procedures
shown on the Site are not intended to, and do not, replace their individual
professional judgment based upon the circumstances of each individual Patient
and that they are solely responsible for their professional medical decisions
including diagnosis and treatment advice. Patients acknowledge and agree that
the Site is not intended to and cannot replace or be a substitute for the
individual professional medical advice and treatment of their personal
physicians. Patients agree and represent that any decisions they make regarding
medical treatment and diagnosis are based solely upon the advice of their
personal physicians and not on any information provided on the Site;
b.
Paid Subscribers are responsible for reviewing
the information contained on the Site including any consent forms referred to
therein, and exercise such individuals independent clinical judgment as to the
accuracy and completeness of that information when advising such Patients,
using such individual’s medical training and experience, and considering the unique
characteristics of each individual Patient; and
c.
MedSurg
LRC, LLC d/b/a InformedConsentMD (“Owner”)
makes no representation that the information or forms contained on the Site or
accessed through the Site, comply in all respects with legal requirement, nor
that they meet any medical or professional standards, each of which may require
additional disclosures based upon the applicable requirements of state law, or
the policies, procedures and guidelines with individual medical institutions.
d.
Some Content may be provided by paid or unpaid
third parties and/or paid or unpaid advertisers. The Owner are not responsible
for a User’s use of the Content, including a User’s choice of any diagnosis,
technique, procedure, or treatment exhibited on the Site. Owner are not
responsible for any opinions or recommendations placed on any discussion forum
on or linked to the Site.
e.
You agree you will notify us immediately if
you suspect or become aware of any unauthorized use or access to your account
or any account-related security breach.
You are 18 years of age or older or your parent or legal guardian has
read and agrees with these Terms of Use.
f.
You agree you will not:
i.
Create an account
for anyone other than yourself unless you are a Legal Guardian, are authorized
to do so under a Power of Attorney or have received other appropriate
authorization to act on behalf of the user;
ii.
Provide any false
or inaccurate personal information (including a false User Name);
iii.
Create a User
Name that is the name of another person with the intent to impersonate that
person or create a User Name that is offensive, vulgar or obscene or otherwise
unlawful;
iv.
Collect or store
personal information about others;
v.
Transmit or
disclose information about another person or otherwise harass any other person;
vi.
Delete or revise
any content on this website except your own information;
vii.
Use any device or
computer program in order to interfere or attempt to interfere with the proper
operation of this Site.
viii.
Take any action
that imposes an unreasonable load on the systems supporting this Site;
ix.
Attempt to
disrupt, degrade, impair or violate the integrity or security of the
infrastructure of this Site (e.g., hacking, denial of service attacks),
including any activity that precedes attempts to breach security such as scanning,
probing, or other testing or vulnerability assessment activity, or engaging in
or permitting any network or hosting activity that results in the blacklisting
or other blockage of our IP space;
x.
Remove or obscure
the copyright notice or other notices displayed on the content and/or frame MedSurg LRC, LLC name or any MedSurg
LRC, LLC content, trademark, logo or trademarks in any meta-tags or other
hidden text, or other proprietary information on this Site;
xi.
Copy, reprint,
modify, lease, distribute, assign, sell, license, reverse engineer, or create
derivative works of content on this Site or take other actions that may be
prohibited by the Federal regulation known commonly as the “Copyright Act”
using information or content retrieved from this Site or any of the third party
websites we may provide links to;
xii.
Use this Site in
a manner that may adversely affect this Site’s resources or its availability to
others, or that violates U.S., local, state or federal law.
xiii.
Your Site account
privileges depend upon your consent to honor these responsibilities; we rely on
your good faith and judgment. If you choose to provide inaccurate or false
information, use poor judgment, or fail to access your account for thirteen
(13) months, MedSurg LRC, LLC has the right to
discontinue your access to this Site.
9.
Ownership
and Copyright and Trademarks Protection
All right, title and interest in the content (including software, text and
images) and other intellectual property (including trademarks, service marks
and copyrights) on this Site are solely and exclusively the property of MedSurg LRC, LLC or its licensors, and are protected by
intellectual property laws. You acknowledge that content available through the
Site, including, without limitation, content of third parties is protected by
copyright, trademark, patent or other intellectual proprietary rights and laws.
11.
User Content
As
a User, you may submit Content to the Service, including videos and image files
(including documents, photos, or other educational materials). You understand
that the MedSurg LRC, LLC 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 on the Service. 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 MedSurg LRC, LLC all patent, trademark, trade secret,
copyright or other proprietary rights in and to such Content for publication on
the Service pursuant to these Terms of Service.
You
retain all of your ownership rights in your Content. However, by submitting
Content to MedSurg LRC, LLC, you hereby grant MedSurg LRC, LLC 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 the The above licenses granted by you
in video Content you submit to the Service terminate within a commercially
reasonable time after you remove or delete your videos and media from the
Service. You understand and agree, however, that MedSurg
LRC, LLC may retain, but not display, distribute, or perform, server copies of
your videos or media that have 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 the Service 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 MedSurg LRC, LLC all of the license rights
granted herein.
MedSurg
LRC, LLC does not endorse any Content submitted to the Service by any user or
other licensor, or any opinion, recommendation, or advice expressed therein,
and MedSurg LRC, LLC expressly disclaims any and all
liability in connection with Content. MedSurg LRC,
LLC does not permit copyright infringing activities and infringement of
intellectual property rights on the Service, and MedSurg
LRC, LLC will remove all Content if properly notified that such Content
infringes on another's intellectual property rights. MedSurg
LRC, LLC reserves the right to remove Content without prior notice.
If you are a copyright
owner or an agent thereof and believe that any Content infringes upon your
copyrights, you may submit a notification pursuant to the Digital Millennium
Copyright Act ("DMCA") by providing our Copyright Agent with the
following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A.
A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
B.
Identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site;
C.
Identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit the service provider to locate the
material;
D.
Information reasonably
sufficient to permit the service provider to contact you, such as an address,
telephone number, and, if available, an electronic mail;
E.
A statement that you
have a good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law; and
F.
A statement that the
information in the notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
You may direct copyright infringement notifications to our
email: support@informedconsentmd.com, phone: 713-866-4800. You acknowledge that if
you fail to comply with all of the requirements of this Section 5(D), your DMCA
notice may not be valid.
Counter-Notice.
If you believe that your Content that was removed is not infringing, or that
you have the authorization from the copyright owner, the copyright owner's
agent, or pursuant to the law, to post and use the material in your Content,
you may send a counter-notice containing the following information to the
Copyright Agent:
A.
Your physical or
electronic signature;
B.
Identification of the
Content that has been removed or to which access has been disabled and the
location at which the Content appeared before it was removed or disabled;
C.
A statement that you
have a good faith belief that the Content was removed or disabled as a result
of mistake or a misidentification of the Content; and
D.
Your name, address,
telephone number, and e-mail address, a statement that you consent to the
jurisdiction of the federal court in Harris County, Texas, and a statement that
you will accept service of process from the person who provided notification of
the alleged infringement.
If a counter-notice is received by
MedSurg
LRC, LLC, MedSurg
LRC, LLC
may send a copy of the counter-notice to
the original complaining party informing that person that it may replace the
removed Content or cease disabling it in 30 business days. Unless the copyright
owner files an action seeking a court order against the Content provider,
member or user, the removed Content may be replaced, or access to it restored,
in 30 business days or more after receipt of the counter-notice, at
MedSurg LRC, LLC
sole
discretion.
Contact Us
If you have questions or concerns
about these Terms of Use or this website, please contact us atsupport@informedconsentmd.com.
Dated: April 23, 2018