Education Management Solutions, LLC. (“EMS”) welcomes you to its SIMULATIONiQ CaseMaster website located at http://www.CaseMasteriQ.com (the “Site”). Please take a moment to review it. When you access, view, submit, or use the software, articles, content, material, or services available on or through the Site you agree, on behalf of yourself, any company or organization on whose behalf you actually or allegedly act, and any individual that receives access to the Site through you, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use the Site and must exit immediately. Any violation of these Terms and Conditions or other act or omission by any person that obtains access to this Site through you that would be a breach of these Terms and Conditions if committed by you is deemed a breach of these Terms and Conditions by you for which you shall be responsible. The Site must not be used by children under 18.
1. Educational Purposes Only
The information on this Site is for educational purposes only. No information, services, or materials offered by or through this Site shall be construed as or understood to be medical advice or care. No physician/patient relationship is created between EMS and you by reason of your use of the Site or under any circumstances. Individual inquiries about sensitive or confidential matters should be addressed to appropriate health care professionals. In connection with this statement, please take particular care to read the Disclaimer of Warranty and Liability.
Some drugs and medical devices described on this Site have Food and Drug Administration (FDA) clearance for limited use in restricted research settings and to treat only specifically approved medical conditions. It is the responsibility of the health care provider to ascertain the FDA status of each drug or device planned for use in their clinical practice. EMS does not endorse or suggest any particular medical tests, pharmaceutical products, physicians or other health providers, products, or medical procedures EMS may detail or describe on this Site. Your reliance on any information provided by this Site is solely at your own risk.
EMS endeavors to keep the Site and Site Materials (defined in Section 2) on, in, and through the Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, EMS is not responsible for any errors or omissions in the Site or Site Materials.
2. Proprietary Rights
All works of authorship, information, content, functional components, articles, software, downloads, upgrades, documentation, services, information and material appearing on, contained in, or made available through the Site (“Site Materials”) are protected by law, including without limitation United States copyright law. Except as explicitly stated on the Site, the entirety of the Site Materials (including without limitation text, graphics, images, video, data, design, organization, compilation, look and feel attributes and other intellectual property) are EMS’s copyrighted works, all rights reserved, or they are the copyrighted works of EMS’s authors, licensors, or suppliers. EMS also owns a copyright in the Site as a collective work and compilation, and in the selection, coordination, arrangement, and organization of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of EMS, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, scraping, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of EMS, without EMS’s advance written consent, is prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to EMS or its authors, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
3. Third Party Materials, Products and Services
Parties other than EMS may provide products, services or content on the Site. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. Additionally, the Site contains links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Other terms and conditions, in addition to these Terms and Conditions, may appear on the Site related to specific content of third parties and will apply to such third party content as indicated. EMS does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. EMS does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
4. Materials Submitted to the Site
The Site may allow you to contribute photographs, pictures, videos, recordings, postings, and other materials and information that is not governed by the Privacy Statement as personal data (“User Materials”) to the Site. EMS does not guarantee the accuracy or completeness of any User Materials and cannot be responsible for any User Materials. By submitting User Materials to or using the Site, you represent that you have the full legal right to provide the User Materials, that such User Materials will not: (a) divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Materials or other material or information to EMS, you grant EMS, and EMS thereby accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, the User Materials for the purpose of providing the Site and Site products and services and for all other business purposes of EMS, all without any compensation to you whatsoever. EMS may remove User Materials from the Site that are libelous, incorrect, spiteful, or otherwise inappropriate, in EMS's sole discretion. EMS shall not be responsible for changes, modifications, or removal any User Materials that you submit to the Site. EMS reserves the right to, but is not obligated to monitor, edit or disclose any User Materials. If you believe that any User Materials violate your intellectual property or other rights, please follow our Complaint Procedure in Section 9 of these Terms and Conditions.
User Materials stored on the Site are stored by EMS only for permitted temporary online sharing purposes and not for permanent or long-term storage or for temporary archival purposes. EMS is not obligated to maintain back-up copies of any User Materials.
You acknowledge and agree that User Materials may be transferred by EMS and its agents, representatives, contractors, and licensees outside of the United States. In addition, you acknowledge and agree that it is your obligation to inform third parties of the processing, including, without limitation, transferring across international borders, of their personal information, such as their name, email address, postal address, educational entity and/or business affiliation, and likeness, in connection with the User Materials. You agree to ensure that any required third parties have given their consent to such processing as required by all applicable law, statute, ordinance, or regulation, including, without limitation, data protection legislation.
5. Communications with the Site
EMS welcomes your feedback and suggestions about how to improve our products, information, and services and the Site, including, without limitation, the feedback and suggestions and all other information, data, material, or other content (collectively, “Submissions”) to EMS. Such Submissions shall be deemed User Materials in accordance with Section 4 of these Terms and Conditions. Without limiting the foregoing, EMS is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any Submission for any purpose whatsoever, including without limitation creating and marketing products, information, or services using such information.
Our Privacy Statement is incorporated into these Terms and Conditions by reference, as if fully set forth herein.
7. Disclaimer of Warranty and Liability
THE SITE, THE SITE MATERIALS AND USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITES, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
EMS OR ITS LICENSORS MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER MATERIALS, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER MATERIALS, THE SITE, THE SITE MATERIALS, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
EMS OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER MATERIALS, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT EMS HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF EMS AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING SIX MONTHS FOR USE OF THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF EMS AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
You shall indemnify EMS and its directors, officers, employees, agents, contractors and licensors (“EMS Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, (except to the extent attributable to EMS), or any breach by you of these Terms and Conditions and shall indemnify and hold EMS Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of EMS.
EMS or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If EMS or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to EMS, subject to the right of EMS to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
9. Complaint Procedure
If you believe that any photographs or content on the Site violate your intellectual property or other rights, please send to EMS at Legal@CaseMasteriQ.com a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
10. Nature of the Internet
Given the nature of the Internet, the transmission of any communication or material to EMS via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed, and is not represented to be, secure. Alternative to communicating via the Internet or e-mail, EMS can be contacted by mail at 436 Creamery Way, Suite 300 Exton, PA 19341. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither EMS nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
11. Corrections and Changes
EMS may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with the Site, at any time, and EMS makes no commitment to update the information contained on or in the Site. EMS reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
EMS reserves the right at any time to modify, alter or update these Terms and Conditions. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to the Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made.
12. Governing Law and Jurisdiction
These Terms and Conditions represent the entire agreement between you and EMS with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, and the US Intellectual Property Laws and the Digital Millennium Copyright Act. By accessing, viewing, or using the works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction and venue for any and all disputes arising out of this Agreement or related to the Service are in the state and federal courts located in Chester County, Pennsylvania and (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
The Site is controlled and operated from within the United States. Without limiting anything else, EMS makes no representation that the Site, Site Materials, User Materials, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of EMS to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions are for reference only and shall not affect the interpretation of these Terms and Conditions.
Dated: March 25, 2014