Note: Please read the following agreement. We have made an effort to keep this agreement concise and understandable. If you have any questions about any provision, we encourage you to reach us at: [email protected] Thank you!
This Visitor Agreement (“Agreement”) describes the terms and conditions that govern the relationship between The Medical Educator (“we”, “us”, or “TME”) and you, the registrant and/or user (“you” or “Visitor”) of our services. By registering for, logging into, or using The Medical Educator and its associated services, you agree to these terms as updated from time to time in accordance with below.
Authorization to access our services:
1. By registering for, or logging into The Medical Educator with a visitor account, you warrant that the information provided is true and correct, and that you are authorized to use our system and services through an institution with a valid and current TME Membership Agreement (“Member Institution”).
2. By registering, or logging in, you agree:
Appropriate use of our materials:
1. Your access to TME products and services (“Materials”) is contingent on using them appropriately. Therefore, you will not copy, share, or otherwise use our Materials for any purpose other than teaching skills education, development, or improvement of your Member Institution’s health care services. You are expressly prohibited from selling or otherwise distributing, transferring, or disseminating TME Materials for any purpose other than Visitor’s individual teaching skills education.
2. The TME website, and all viewable and discoverable content therein (including without limitation all data, text, images, audio, video, or code) is owned by TME and its licensors, including any Materials to which you are granted access and a limited use license. A limited, revocable, conditional, nontransferable, nonsublicensable license is granted to you to view this site and use the Materials as described in the preceding section, provided you adhere to all of the terms of this Agreement.
3. You agree that any material breach of the preceding sections may result in irreparable harm to TME for which damages alone would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, TME shall be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.
Our code of conduct:
2. The Medical Educator is not responsible for comments posted by others on social media. Inappropriate comments by visitors on The Medical Educator website will be removed and the author(s) of these comments may be banned from The Medical Educator without notice.
The purpose of our materials is for information only:
1. Our mission is to educate health care professionals by providing tools, training, and technical assistance to improve their teaching skills. We provide these Materials for informational purposes only. Under no circumstances will the provision of such Materials be considered offering medical advice.
2. You agree to release, defend, discharge, indemnify, and hold harmless TME, its officers, directors, members, employees, staff, volunteers, representatives, independent contractors or affiliates, (“Representatives”) for any and all claims, demands, or suits, arising out of or relating to your use of any TME Materials provided under this Agreement. Neither TME, nor its Representatives, shall have any liability relating to or resulting from the use of Materials or any error or omission therein. All Services are provided by TME on an advisory basis and shall in no way create a relationship with, or duty to, any customer, client, patient, beneficiary, or other recipient of services of you or your staff.
1. Right to Control Access. TME reserves the right, in its sole discretion, to deny or otherwise restrict your access if it has reason to believe you are violating any provision of this Agreement, or otherwise acting in an inappropriate manner with respect to its Materials.
2. Right to Modify This Agreement. From time to time, we may update, modify, or correct these terms and conditions. We will endeavor to inform you in advance of any substantive changes. Your continued use of TME following changes to our Agreement constitutes your acceptance of our amended terms.
3. No Breach for Interruptions; NO WARRANTIES. While TME will endeavor to maintain uninterrupted and highquality systems and Materials, interruptions, delays, or other technical issues, regardless of the nature or cause, shall not be considered a breach of this Agreement. ALL INFORMATION, MATERIALS, SYSTEMS, PRODUCTS, AND SERVICES PROVIDED BY TME ARE ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Further, we are not responsible for the acts or omissions of any third parties. You release us and our Representatives from any claim or damages arising out of, or in any way connected with, any claim you have against such third parties.
4. Dispute Resolution. In the event of any dispute arising out of or relating to this Agreement, the parties shall, in good faith, attempt to resolve the dispute through informal negotiations. If negotiations are unsuccessful, the dispute shall be settled by final and binding arbitration in Kansas City, Kansas in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.
5. Infringement. If you believe that material available on our site infringes on your copyright(s), please notify us by providing a DMCA notice. Upon receipt of a valid and complete notice, we will investigate, and if warranted, remove the material. The Medical Educator is an educational service. As such, before submitting a DMCA notice, it’s important to consider if the manner in which the material is used falls under fair use. If you are not sure whether material located on The Medical Educator infringes your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.
6. Miscellaneous. This Agreement along with all other applicable agreements constitutes the entire agreement between the parties and supersedes all prior agreements, versions, and understandings (written or oral) concerning the subject matter hereof. This Agreement is governed and construed by laws of the State of Kansas, and any adjudication shall take place in Kansas City, Kansas, regardless of any conflict of law principles to the contrary. If any section of this Agreement is held to be invalid or unenforceable, the remaining sections shall not be affected. In such event, the invalid or unenforceable provision(s) shall be changed and interpreted so as best to accomplish such provision’s objective. The failure of TME to exercise or enforce its rights under this Agreement shall not be construed as waiver of such rights.