Terms of Use

COMMUNICATION IN MEDICINE TERMS OF USE

 

BY REGISTERING WITH THIS SITE, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH CENTER FOR COMMUNICATION IN MEDICINE, DIVISION OF THE INSTITUTE OF MEDICAL HUMANISM, INC. (“CCM”, “we,” “us” and “our”), AND AGREEING TO COMPLY WITH AND BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS RELATED TO YOUR ACCESS AND USE OF WWW.SPEAKSOONER.ORG (THE “WEBSITE”), THE CONTENT PROVIDED ON THE WEBSITE AND OUR PRIVACY POLICY.  IF ANY OF THE TERMS OF THIS AGREEMENT ARE UNACCEPTABLE TO YOU, DO NOT REGISTER WITH THIS SITE.

 

YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE WEBSITE, AND 18 YEARS OLD TO ENTER INTO THIS AGREEMENT. IF YOU ARE UNDER 18 YEARS OLD, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN CAREFULLY READ AND ENTER INTO THIS AGREEMENT ON YOUR BEHALF.

 

We may amend the terms of this Agreement at any time without advance notice.  Changes will be posted at www.communicationinmedicine.org under [“Terms of Use”].  Your use of the Website after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Accordingly, you should check the Website Terms of Use, and read this Agreement  from time to time for any changes.

 

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.  THE CONTENT OF THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.  YOU SHOULD CONSULT YOUR PHYSICIAN, HEALTH PROVIDER OR OTHER QUALIFIED PROFESSIONALS IF YOU HAVE QUESTIONS ABOUT A MEDICAL CONDITION.  IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.  RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE IS AT YOUR OWN RISK. All medical information provided by users of this website is protected in accordance with our Privacy Policy

 

Permitted Uses. CCM grants you a non-exclusive, non-transferable, limited license (“License“) to access the Website and use its content as expressly permitted in this Agreement.  Under this license, you are permitted to access, view, download and use this Website and the material provided hereon solely for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement.

 

Restrictions on Use of Materials
You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and is owned by us or our licensees. All trademarks appearing on this Website are trademarks of their respective owners.  You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.  Nothing in these Terms of Use or on the Website will be construed as granting you any right to use any trademarks, service marks and logos displayed on the Website, nor any right or license under any patent.  You agree not to use any name or logo of CCM, or any of its products or services, or that of its partners in any advertising or promotional materials, or to suggest any relationship between you and us, or in any manner that would infringe any of our rights.

 

Subject to this Agreement, you may participate in surveys, questionnaires, bulletins and any other interactive programs or services available on the Website in accordance with instructions available on the Website.  In addition, you may view, download and print the Content solely for your personal, noncommercial and informational use.

 

Becoming a Registered User
Under the terms of the License, you are permitted to register and use the Website in accordance with this Agreement.  You must register in accordance with instructions that you will find on this Website to participate in any surveys, questionnaires, forums or other interactive features of the Website. A “Forum” means any chat room, message board, bulletin board, or similar activity where you and other users of our Website can communicate. If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website.

 

Privacy and Security
We are committed to protecting your privacy and security.  For more information, you should review our Privacy Policy which is incorporated into this Agreement by reference.

 

Community Standards and Conduct Guidelines

You agree not to use this Website (including any Forums) to:

 

 

 

 
  a.   Upload, post, email or otherwise transmit any postings or other materials (“collectively “Postings”) that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a director, trustee, officer, employee, agent or representative of CCM, the Website, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with CCM, the Website, our affiliates or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any postings or other materials transmitted to or through this Web Site;
e. Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
h. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Forum (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects other users’ ability to use any Forum;
j. Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
l. “Stalk” or otherwise harass another user or employee of this Website; or
m. Collect or store personal data or attempt to collect or store personal data about other users of the Website.

 

 

 

 

 

 
Your right to use this Website (including the Forums) and contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in, any Forum.

All Forum communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Website (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.

 

 

Submissions
If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or other materials (including, but not limited to, posting, emailing, or otherwise transmitting Postings on any Forum) (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. Except as provided in our Privacy Policy none of the Submissions shall be subject to any obligation of confidentiality on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose.

 

Prohibited Uses.  You agree not to reproduce, distribute, modify, post, transmit, sell or otherwise make available any of the Content.  You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use any robot, spider, or other automatic device, or manual process, to monitor or copy all or part of the Website or Content, without the prior written permission of CCM.  You may not access or use the Website in any manner that could impair, damage or disable any CCM computer system or network, or interfere with the proper working of any CCM computer system or network. You may not gain, or attempt to gain, unauthorized access to any parts of the Website or any CCM computer system or network.

 

Copyright Notice.  You will not remove or modify any copyright, trademark or other proprietary notices that we have placed in the Content.  If you reproduce Content from the Website, as permitted by this Agreement, you must preserve any copyright, trademark or other notices contained in or associated with it.

 

Changes; Termination.  We may change these Terms of Use, the Website or the Content at any time, and we may terminate your access to and use of the Website at any time, with or without cause, in our sole discretion.

 

Passwords.  Access to and use of password protected or secure areas of the Website is restricted to authorized users only. You may not share your password(s), account information, or access to the Website. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Website. You agree to notify CCM immediately of any unauthorized use of your password(s) or account(s).

 

DisclaimerTHE WEBSITE AND CONTENT ARE PROVIDED “AS IS.”  WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT.  WE DO NOT MAKE ANY WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE WEBSITE OR THE CONTENT.  WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION.  CCM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

 

Limitations of Liability and Remedies.

(a)  YOUR USE OF THE WEBSITE AND THE CONTENT IS AT YOUR OWN SOLE RISK.  IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE CONTENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE AND THE CONTENT. 

 

(b) IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RESULTING FROM LOSS OF PROFITS OR BUSINESS, OR RESULTING FROM ANY ERROR IN THE CONTENT, OR RESULTING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT, OR RESULTING FROM ANY UNAVAILABILITY OF THE WEBSITE, OR RESULTING FROM HARM TO YOUR PERSON, HARM OR LOSS OF EQUIPMENT, SOFTWARE OR DATA, OR RESULTING FROM ANY CLAIM AGAINST YOU BY A THIRD PARTY), WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE CONTENT, EVEN IF WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c)  The foregoing exclusions and limitations of liability and remedies will apply, to the fullest extent permitted by law, in all actions of any kind, whether based on contract, tort, or any other legal or equitable theory.  Each of these exclusions and limitations is intended to be separately enforceable, without regard to the other exclusions and limitations, and without regard to whether any other remedy under this Agreement fails of its essential purpose.

 

Indemnity.  You agree to indemnify and hold harmless CCM, and its officers, trustees,

directors, employees and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of this Agreement or your use of the Website or the Content.

 

Links to Other Sites. The Website may contain links to third-party web sites maintained by others.  These links are provided solely as a convenience to you and not as an endorsement by us of the contents of any such third-party websites.  We are not responsible for the content of linked third-party sites and do not make any representations regarding the contents or accuracy of materials on such sites.  If you decide to access linked third-party websites, you do so at your own risk.  Links to other sites maintained by CCM are subject to the terms of use of those sites.

 

Applicable Law and Jurisdiction.  The Website (excluding links) is controlled and operated from our facilities in and around Bennington, Vermont.  While we have made no effort to publish the Website elsewhere, because the Website is published on the World Wide Web it is accessible in all fifty states and other countries.  As each of these places has laws that may differ from those of Vermont, and as you and we benefit from establishing a predictable legal environment in which to publish, access and use the Website, by accessing or using the Website you agree that all matters arising from or relating to the use and operation of the Website will be governed by the laws of the State of Vermont, without regard to its conflicts of laws principles.  You agree that all claims you may have arising from or relating to the operation or use of the Website will be heard and resolved exclusively in the state and federal courts of the State of Vermont.  You hereby consent to the personal jurisdiction of such courts over you, and waive and agree not to assert any objection to proceedings in such courts (including as to lack of proper jurisdiction or venue or inconvenience of forum).

 

General.  If any provision of this Agreement is held to be invalid or unenforceable, that provision, to the extent unenforceable, will be struck, and will not affect the validity or enforceability of the remaining provisions.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

BY REGISTERING TO USE THIS SITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT CAREFULLY, THAT YOU HAD THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY LEGAL COUNSEL AND THAT YOU ARE AT LEAST 18 YEARS OLD, AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR AT LEAST 13 YEARS OF AGE, AND APPROVE OF AND HAVE THE LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT.