Terms of Service and End-User License Agreement
By using Annals Virtual Patients content and this Web site, you signify your assent to these Terms of Service and this End-User License Agreement (EULA) and the disclaimers below. If you do not agree to this do not use Annals Virtual Patients!
Users of this Web site agree to preserve and protect the confidential nature of the software and acknowledge the owner’s rights in such software. Users shall not remove or attempt to remove any copyright notices, trademarks, or other proprietary legends contained in this Web Site and shall acknowledge this arrangement to any third party upon request.
Disclaimer of Content
The content in Annals Virtual Patients is not written for laypersons and is only meant for those persons with adequate medical education and skills. Annals Virtual Patients is clinically-oriented and is intended to be used only by licensees who are 1) physicians and other competent healthcare professionals who will rely on their own discretion and judgment in medical diagnosis, clinical decisions and treatment, and 2) researchers who will not use the information for medical diagnosis. Annals Virtual Patients is not intended for and should not be used as a substitute for the advice of a physician or other health care professional.
Annals Virtual Patients is intended to serve as an educational activity and not as a complete reference resource. It does not include information concerning every therapeutic agent, laboratory or diagnostic test or procedure available. The information contained in Annals Virtual Patients is being provided on an "as is" basis, including errors and omissions that have not yet been identified. Annals Virtual Patients has been and could be updated incrementally based on literature surveillance and feedback from users. Patient management decisions should be made by competent health care professionals using their own judgment and experience and when necessary definitive sources of information.
Health care providers are advised to check the product information sheet included in the package of each drug they plan to administer, as drug information in Annals Virtual Patients is often incomplete, and changes in dosages, contraindications, and drug interactions occur rapidly.
Use of the Annals Virtual Patients website requires agreement to these terms and conditions, holding the American College of Physicians and any contributors to information within Annals Virtual Patients harmless for any damages arising out of use of or inability to use Annals Virtual Patients or the information it contains.
Users acknowledge that they have access to the DS Site by being associated, as an Administrator, Author or Learner (“Users” or “you”), with an entity, institution or other party (“Licensee”) that has executed a separate software license agreement (“the License Agreement”) with either DS or Simulation Learning, LLC (each hereinafter referred to as “Licensor”) . Users further acknowledge that these Terms are subject to the provisions of the License Agreement, and nothing in these Terms rescinds or modifies the provisions of the License Agreement.
Notwithstanding anything to the contrary above, in the event that a User accesses the DS software application or website in the capacity of a Demo User (as defined below), the terms and conditions of the License Agreement referenced above will not apply. By accessing or using a DS software application or website, Demo Users may, at DS’s sole discretion, be required to comply with additional terms and conditions, and Demo Users acknowledge and agree to be bound by all of these Terms, except for the provisions of the License Agreement.
As used herein “Demo User” means, a person who signs up for a DS software application User account with limited access to the DS software application for demonstration purposes only.
1. Acceptance of Terms
a. By (i) using the DS Software and/or using this DS Site in any way, including, but not limited to, using, transmitting, downloading or uploading any of the services or functionality ("Services") or materials made available or enabled via the DS Software and/or DS Site ("Materials") or (ii) merely browsing the DS Site, you agree to these Terms including any information, data, documents, images, photographs, graphics, audio, videos, or webcasts, products, and software code and associated documentation in each simulation made available or enabled by Users of the DS Software and/or DS Site.
b. DS may change the Terms from time to time at its sole discretion and without prior notice, including by imposing a charge for access to or use of a Service. Any such change, modification, addition or deletion will be effective when it is posted on the DS Site. DS may require you to provide consent to the updated Terms (hereinafter "Terms" includes any such additional terms) in a specified manner before further use of the Services is permitted. Otherwise, your continued use of the DS Software and/or DS Site or any affected Service constitutes your acceptance of the changes. Your use of the DS Site, Materials and Services is subject to the most current version of the Terms posted on the DS Site, or within or through the affected Service, at the time of such use. Please regularly check the DS Site to view the then-current Terms.
c. You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the DS Software and/or DS Site.
d. Licensor has no responsibility or liability for the deletion or accuracy of any Materials, including the Content (as defined below), the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to the Content. You are solely responsible for applying the appropriate level of access to the Content. If you do not choose, the system reverts to its default setting. You agree that DS retains the right to create reasonable limits on a User’s use of the Materials, including the Content, such as limits on file size, storage space, and processing capacity; similar limits described in the web pages accompanying the Services; and limits as otherwise determined by DS in its sole discretion.
As used herein “Content” means any data, including, but not limited to, Simulation Content (as defined below) and Learner Activity Data (as defined below), that you upload, post, email, transmit or otherwise make available through your use of the DS Site or via the Services ("Content").
As used herein, “Simulation Content” is the text and media related to a specific simulation created by a licensed Author, including but not limited to, all text, images, video, sounds, documents, links, choices, counter values, instructions, and feedback entered by a licensed Author.
As used herein, “Learner Activity Data” is the numerical and text data in Licensee’s Domain generated by the application when a learner is interacting with a simulation via the Learner application. “Learner Activity Data” excludes any personally identifiable information regarding the applicable learner.
e. You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. You will not share your Account Login Information with others. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Licensor immediately. You may not use another person's Account Information. Licensor may require that you change your Account Information or certain parts of your Account Information at any time for any reason.
f. You agree to use the Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) ("Law").
g. You agree not to access or attempt to access the Services by any means other than approved interfaces provided by Licensor.
a. The DS Software, DS Site, Services and Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the "Intellectual Property Rights"). Except as expressly provided in the Terms, Licensor and its suppliers do not grant any express or implied rights to use the DS Software, DS Site, Services and Materials.
b. The trademarks, logos and service marks displayed on the DS Site (the "Marks") are the property of DS or third parties. You are not permitted to use the Marks without the prior consent of DS or the third party that may own the Marks.
c. The ownership of the Content is governed by the terms of the License Agreement between Licensor and Licensee. Pursuant to such terms, the Licensee owns all Content, excluding the Learner Activity Data, the ownership of which is vested in DS.
3. Use of DS Software.
a. Any DS Software that is made available via the DS Site and/or the License Agreement is the property of DS and its licensor. Use of such DS Software is governed by the terms of the License Agreement that accompanies or is included with the DS Software.
b. Licensor grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive license to use the DS Software for the sole purpose of enabling you to use the Services as provided by Licensor, in the manner permitted by the Terms and the License Agreement. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the DS Software.
4. Use of DS Materials and User Content.
a. Licensor reserves the right to revoke the authorization to view, download and print the Materials and User Content at any time, and any such use shall be discontinued immediately. Licensor’s right to discontinue such use is subject to the terms of the License Agreement.
b. The rights specified above are not applicable to the design, layout or look and feel of the DS Site. Such elements of the DS Site are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No mark, graphic, sound or image from the DS Site may be copied or retransmitted unless expressly permitted by DS. In addition, various sections of the DS Site may showcase the work of creative professionals. Such Materials (whether DS Materials or User Content) belong to their creators, may be protected by Intellectual Property Rights, and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
5. User Conduct.
a. You agree that you, not Licensor, are entirely responsible for all of the Content that you upload, post, email, transmit or otherwise make available on the DS Site or your Domain (as defined below) or via the Services whether publicly posted or privately transmitted. You assume all risks associated with use of the Content, including any reliance on its accuracy, completeness or usefulness.
As used in this Agreement, “Domain” means the domain of content and services dedicated to the Licensee that is located on DS’s application server.
b. You represent and warrant that: (i) you own the Intellectual Property Rights, or have obtained all necessary license(s) from the owners of the Intellectual Property Rights, to use the Content in keeping with your use in connection with the DS Software, the DS Site, the Services or as otherwise permitted by the Terms; (ii) you have received consent from any and all persons depicted in the Content to use the Content as set forth in the Terms, including distribution, public display, public performance and reproduction of the Content; and/or (iii) your use of the Content is within the “Fair Use” guidelines as described in U.S. Copyright Act of 1976 and as described under any applicable copyright Law of the country of origin of such Content.
c. You acknowledge and agree that by accessing or using the DS Software, the DS Site, Services or Materials, you may be exposed to materials from others that may be considered offensive, indecent or otherwise objectionable.
Licensor, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. Without limiting the foregoing, and subject to the terms of the License Agreement, Licensor shall have the right, in its sole discretion, to remove any of the Content for any reason (or no reason), including if it violates these Terms, the License Agreement or any Law.
7. Use of Your Content.
Except as otherwise described in the License Agreement, Licensor does not claim ownership of the Content. Licensor reserves the right to the aggregate data generated by Users on the Site as they interact with the Services. Licensor may use certain Simulation Content pursuant to the terms of the License Agreement. You hereby acknowledge Licensee’s ownership of the Simulation Content and hereby agree to cooperate with Licensee to sign and deliver to Licensee such documents as Licensee may reasonably require to effectuate such ownership rights.
8. Modifications to DS Site, DS Software, Services and Materials.
DS may at any time and from time to time modify or temporarily discontinue, or to the extent permitted by the License Agreement permanently discontinue, the DS Site, the DS Software, Services, or Materials, or any portion thereof, with or without notice. You agree that DS shall not be liable to you or any third party for any modification, suspension or discontinuance of the DS Site, the DS Software, Services, or Materials.
a. The Terms will continue to apply until terminated by either you or Licensor as set forth below.
b. If you want to terminate your agreement with Licensor, you may do so by (i) notifying DS and/or Licensor at any time and (ii) closing your accounts for all of the Services or Materials that you use, where Licensor has made this option available to you on the DS Site.
c. Licensor may at any time terminate its agreement with you if:
i. You have breached any provision of the Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
ii. Licensor is required to do so by Law (for example, where the provision of the DS Site, Services or Materials to you is, or becomes, unlawful);
iii. The provision of the Services to you by Licensor is, in Licensor’s opinion, no longer commercially viable;
iv. DS has elected to discontinue the DS Site, the DS Software, Services or Materials (or any part thereof);
v. There has been an extended period of inactivity in your account; or
vi. User had breached any provision of the License Agreement
d. Except as may be set forth in any additional terms applicable to a particular Service, termination of your account may include: (i) removal of access to all offerings within the Services; (ii) deletion of the Content and Account Information, including your personal information, log-in ID and password, and all related information, files and Materials associated with or inside your account (or any part thereof); (iii) barring of further use of the Services; and (iv) barring of further use of the DS Software.
e. You agree that all terminations for cause shall be made in DS’s sole discretion and that DS shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your Account Information), or access to the DS Site, the DS Software, Services and Materials, including the Content.
10. Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE DS SITE, SERVICES AND MATERIALS ARE PROVIDED BY DS "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DS MAKES NO WARRANTY THAT (I) THE DS SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DS SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE DS SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE DS SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DS OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
b. DS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE DS SITE AND MATERIALS, OR YOUR PARTICIPATION IN ANY SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. DS ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE DS SITE OR ANY OF THE SERVICES.
c. DS DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED DS SITES. DS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
d. DS WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE DS SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
e. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability.
a. IN NO EVENT SHALL DS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF DS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE DS SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE DS’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF DS OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
b. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
12. Indemnity and Liability.
You agree to indemnify and hold Licensor and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Content, your use of the DS Site, the DS Software, Services or Materials, your connection to the DS Site, the DS Software, Services or Materials, your access to or use of Linked Sites (as defined below) and your connections therewith, any claim that the Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the DS Site, the DS Software, Services or Materials, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.
Without limiting the generality of the foregoing, Licensor is not responsible for any medical information and/or healthcare decisions that may result from the use by you or any third party of the Content, the DS Site, the DS Software, Services or Materials or your connection to the DS Site, the DS Software, Services or Materials. You agree to indemnify and hold Licensor and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any medical information and/or healthcare decisions that may result from the use of the Content, the DS Site, the DS Software, Services or Materials or your connection to the DS Site, the DS Software, Services or Materials.
13. Copyright Complaints
If you believe that any material on the DS Site violates any copyright or similar right which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: Bob Yayac
Full Address of Designated Agent to Which Notification Should be Sent: 1820 Masters Way, Chadds Ford, PA 19317
E-Mail Address of Designated Agent: BobYayac@DecisionSimulation.com
To meet the notice requirements under the Digital Millennium Copyright Act (DMCA), the notification must consist of a written communication that includes the following:
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 us to locate the material;
D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
E. A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. Maintaining the Integrity of the Community
DS believes that the DS Site should be a positive, empowering environment that encourages cordial behavior and activity among its users.
Users’ Agreement not to use the DS Site for certain purposes:
Users agree not to use the DS Site to upload, post, email, transmit or otherwise make available any content that DS, in its sole discretion, deems to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous, or otherwise objectionable; upload any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that Users and/or users do not have a right to make available under applicable law or any contractual or fiduciary relationships; impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial solicitation, except for the legitimate and lawful solicitation of collaborative partners, or the legitimate promotion of events or other related content, as determined by DS, in its sole discretion; send unsolicited email advertisements to DS Site User email addresses; upload, post, email, transmit or otherwise make available any material that contains 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; intimidate or harass another User and/or user; or use or attempt to use another User’s account, service or system without prior written authorization from DS, or create a false identity on the DS Site.
DS takes the privacy of DS Site Users very seriously. DS does not share personal identifying information (including information Users enter as part of their Profiles) without prior written consent from Users. DS does not share personal User information with marketers or advertisers; however, DS may do so in the aggregate without making reference to or identifying individual Users or their contact information.
Users shall comply with any and all privacy laws, regulations, orders, decrees and policies, including, but not limited to, the Health Insurance Portability and Accountability Act and its rules and regulations, relating in any way to the protection of the privacy of information and data of any and all individuals involved or referenced in the Content. Users’ obligation to comply with any and all privacy laws includes but is not limited to, compliance with laws, rules or regulations regarding the protection of personal information of individuals under the laws in effect in the jurisdiction in which the Users are located.
Users agree not to share, syndicate, reproduce, or otherwise disseminate the information from another User’s Profile or other information exchanged via communication facilitated by the DS Site without the express written consent of that User.
DS may disclose information about DS Site Users and/or users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. DS may also disclose information about DS Site Users and/or users to law enforcement officers or others in the good faith belief that such disclosure is reasonably necessary to enforce the Terms, respond to claims that any posting or other User Content violates the rights of third-parties, or to protect the rights, property, or personal safety of DS, its owners, officers, directors, agents, subsidiaries, joint venturers or employees, the DS Site, its Users or the general public.
Although DS makes good faith efforts to store information in a secure operating environment not available to the public, DS cannot guarantee complete security. DS disclaims liability for unintentional security breaches.
16. Children Under Age 13
Children under age 13 are not permitted to register for the DS Site. DS does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the DS Site. If you are under 13, please do not register for the DS Site, or send any information about yourself to DS, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on the DS Site. In the event that DS learns that it has collected personal information from a child under age 13, without verification of parental consent, DS will delete that information as quickly as possible. If you believe that DS might have any information from or about a child under 13, please contact DS at firstname.lastname@example.org.
17. Links to Other Websites
The DS Site may contain links to other websites (“Linked Sites”). DS has not reviewed all of these websites and is not responsible for the content, accuracy or opinions expressed in such other websites, and such other websites are not investigated, monitored or checked by DS for content, accuracy or completeness. Inclusion of any linked website on or through the DS Site does not imply DS’s approval or endorsement of the linked website. If Users and/or users decide to leave the DS Site and access these other third-party sites, they do so at their own risk.