i-Human Patients® Service Terms of Use

PLEASE REVIEW THESE TERMS OF USE CAREFULLY.

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Effective Date: October 14, 2015

Thank you for using the i-Human Patients® platform, which includes the i-Human Patients Case Player service, i-Human Patients Case Authoring service, i-Human Patients Clinical Simulator service, i-Human Patients Physiological Simulator service, and/or any other service that operates on the i-Human Patients platform (collectively, the “Service”) from i-Human Patients, Inc. (“IHP”, “we”, “us”, or “our”). Use of and access to the Service is subject to your compliance with these terms of use (the “Terms”), so please read these Terms carefully. IHP reserves the right to limit or terminate your access to the Service if you do not comply with these Terms.

By accessing and using the Service, you agree to be bound by these Terms, including the terms specifically applicable if you have case authoring privileges. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THE SERVICE IN ANY MANNER. If you are using the Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.

Note: If you are a student using the Service and your organization has a separate user agreement, the terms that you agreed to when you first registered will apply to your use of the Service. Please contact support@i-human.com for a copy of the terms.

We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the Service. Continued use of the Service constitutes your acceptance of any modified Terms.
You can either access the service by logging in on i-Human Patients website or via the single log-on service at a subscribing institution. You cannot share your user ID with anyone else. You are solely responsible in all respects for all use of (including any unauthorized use) of your log-on credentials, and for protecting the confidentiality of your password.

Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Without limitation, you agree to not use the Service to make available and transmit any content that, or content that promotes a product or Service that:

  • is illegal under or otherwise violates any local, state, national or international law or would constitute, encourage or provide instructions for a criminal offense (including, without limitation, the CAN-SPAM Act);
  • violates the rights of any party (including without limitation rights of privacy and publicity);
  • is obscene, lewd, lascivious, violent, or otherwise objectionable;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • displays material that exploits children, or otherwise exploits children under 18 years of age;
  • is false or misleading;
  • infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any party;
  • is unsolicited or unauthorized, including advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • includes private information of a third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • introduces 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;
  • you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
  • in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose IHP or its users to any harm or liability of any type.

IHP does not control and is not responsible for what users contribute to the Service and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content that may be distributed through the Service. IHP is not responsible for the conduct, whether online or offline, of any user of the Service.

The following section only applies if you contribute content through the Service. If you do not contribute content, the following section does not apply to you.

You own and are solely responsible for any content that you create and transmit, distribute, publish or display (hereinafter “post”) on or through the Service (collectively “Author Content”). Although IHP has no obligation to monitor Author Content, IHP may do so and may block or remove any such Author Content or prohibit any use of the Service that IHP believes may be (or is alleged to be) in violation of these Terms.

You represent and warrant that any Author Content you post is free of libel or other unlawful material, including matter that may be construed as invasion of privacy, violation of a right of publicity, copyright, patent, or trademark infringement, and/or misappropriation of trade secret or any other right of a person or party. You also represent and warrant that all necessary licenses and consents have been obtained for the use of any Author Content you post on the Service.

After posting Author Content to the Service, you continue to retain any such rights that you may have in such Author Content, subject to the terms of the Creative Commons License you choose at the time of posting. By posting Author Content through the Service, you automatically grant, and you represent and warrant that you have the right to grant, to IHP a worldwide, perpetual, irrevocable, sublicensable license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Author Content as part of the Service. Unless you have chosen a “private” setting for your Author Content, you understand that all users of the Service may use your Author Content in connection with their use of the Service.

The following section only applies if you contribute content through the Service. If you do not contribute content, the following section does not apply to you.

Some users may be able to submit case studies, medical media (e.g., x-ray images, ECGs, histology slides, etc.), and/or educational lessons to be posted to the Service (collectively “Educational Content”), which is included in the definition of Author Content. If you author and submit Educational Content, in addition to the representations and warranties above, you represent and warrant that:

  • the Educational Content does not contain any personally identifiable information (PII) or protected health information (PHI) other than your own, the latter as defined by the Health Insurance Portability and Accountability Act (HIPAA) of 1996, or any other sensitive information that  could reasonably be used to identify any person;
  • you are the original author of the Educational Content or you have received all necessary authorizations from any other authors to modify and submit the Educational Content to the Service and grant the licenses set forth in the “Author Content” section above;
  • to the best of your knowledge, the Educational Content is true, complete and accurate as of the date of submission; and
  • your submission of the Educational Content does not violate any right of any third party including, without limitation, any right of privacy, confidentiality or intellectual property.

The following section only applies if you contribute content through the Service. If you do not contribute content, the following section does not apply to you.

Unless you have a separate agreement with IHP related to the authoring of content, IHP does not claim any ownership rights in the Author Content that you post through the Service. If you do have an agreement with IHP where you create content on IHP’s behalf, such content shall be IHP content and not Author Content.

IHP is not responsible for the content of Author Content that it does not itself submit. IHP does not review or verify the accuracy of the Author Content. Your use of or reliance on any Author Content is at your own risk.

You are granted a limited, revocable license to use the Author Content solely in connection with the Service and solely in accordance with these Terms. You may not download, copy, publish, or redistribute any Author Content or any other content you access through the Service outside the Service. If you do so, IHP has the right to immediately terminate your access to the Service.

For items uploaded to the medical media repository, copyright ownership is maintained by the creator of the media item. IHP subscribers have permission to use the media for educational purposes only, within their subscribing institution, IHP programs only, and with attribution to the item creator.

IHP reserves the right, in its sole discretion, to reject, refuse to post or remove any Author Content provided by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Service at any time if you breach any of these Terms, without liability.
The Service may contain (or you may access through the Service) links to other websites controlled by third parties (“Third Party Content”). Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by IHP, and IHP is not responsible for any Third Party Content accessed through the Service or content provided by third parties.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (except Author Content) (“Submissions”) provided by you to IHP are non-confidential and shall become the sole property of IHP. IHP shall own all right, title and interest, including all intellectual property rights, in Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We care about the privacy of our users. Use of the Service is governed by our Privacy Policy.
If you believe that the i-Human Patients service contains any material that infringes on your copyrighted material, please contact:

Vice President of Corporate Affairs
i-Human Patients, Inc.
PO Box 3515
Mammoth Lakes, CA 93546

Except Author Content, all content on the Service is the proprietary property of IHP or its licensors with all rights reserved. IHP grants you a limited, revocable license to use the Service and all content contained therein in accordance with these Terms. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to IHP’s intellectual property rights, whether by estoppel, implication or otherwise.

The Service is protected to the maximum extent permitted by copyright laws and international treaties. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to take screenshots of any content on the Service or reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

i-Human Patients® is a registered trademark of i-Human Patients, Inc. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by U.S. and international trademark laws.
IHP reserves the right to modify or terminate any or all portions of the Service with or without cause at any time and effective immediately. IHP shall not be liable to you or any third party for termination. Should you object to any modifications to the Service or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. IHP may broadcast notices or messages through the Service or through the email address you supplied when you registered for the Service to inform you of changes to these Terms, the Service, or other matters of importance. Such broadcasts shall constitute notice to you.

The Service may be temporarily unavailable from time to time for maintenance or other reasons. IHP assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, author communications or Author Content.

Under no circumstances will IHP be responsible for any loss or damage, including any loss or damage to any Author Content or personal injury or death, resulting from anyone’s use of the Service, any Author Content or Third Party Sites linked to or posted on or through the Service, or any interactions between users of the Service, whether online or offline.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • THE SERVICE, AND ALL CONTENT, AUTHOR CONTENT, THIRD-PARTY CONTENT, PRODUCTS AND SERVICES INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. IHP DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  • IHP MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) ANY CONTENT, AUTHOR CONTENT, THIRD PARTY CONTENT, PRODUCT OR SERVICE OFFERED OR SOLD THROUGH BY ANY AUTHOR OR THIRD PARTY, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, (iii) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SERVICE, OR (iv) THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS OR MATERIAL. IHP DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE AND/OR SERVICE WILL MEET ANY OF YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
  • USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE WEBSITE, SERVICE OR YOUR AUTHOR CONTENT.

UNDER NO CIRCUMSTANCES SHALL IHP BE LIABLE TO YOU ON ACCOUNT OF (i) ANY AUTHOR CONTENT, (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SERVICE, OR (iii) YOUR INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE AND/OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF IHP OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF IHP OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $10,000 OR THE IMMEDIATE TWELVE (12) MONTHS OF SERVICE LICENSE FEES PAID BY YOU TO IHP, WHICHEVER IS LOWER. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
To the fullest extent permitted by law, you agree to indemnify and hold IHP, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of your use of the Service, your conduct in connection with the Service, the Author Content you provide (if applicable) (including without limitation any Educational Content), or any violation of these Terms or of any law or the rights of any third party.

Waiver and Severability of Terms. The failure of IHP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Summit. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You and IHP agree to submit to the exclusive jurisdiction of the state and federal courts of Mono County, California.

Statute of Limitations. You and IHP agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.