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Terms of Subscription and License Agreement for JAMAevidence

All use of the JAMAevidence web pages is subject to the terms and conditions set forth below by McGraw-Hill Education under agreement with the American Medical Association. By completing the registration process, clicking the User Agreement acceptance "button", and using JAMAevidence, you represent that you are 18 years old or older and agree to abide by the following terms and conditions. The terms "you" and "User" refer to the person who completed the registration process.

Definitions

JAMAevidence contains two types of content:

  • "JAMAevidence Owned Content" means information entered into JAMAevidence by McGraw-Hill Education's employees and its licensors, including without limitation, those authorized representatives who are editors or who are otherwise designated by McGraw-Hill Education or the American Medical Association to contribute to JAMAevidence (collectively the "McGraw-Hill Education Designated Online Providers").
  • "Other Content" means any other information entered into JAMAevidence by Users or other persons.
  • JAMA® and JAMAevidence® are trademarks owned by the American Medical Association.

Use of JAMAevidence

All of the JAMAevidence Owned content is either the property of the American Medical Association or McGraw-Hill Education or is licensed to McGraw-Hill Education and is protected by copyright and other intellectual property laws. The User shall honor all reasonable requests by McGraw-Hill Education to protect the American Medical Association and McGraw-Hill Education's proprietary interests in JAMAevidence. During the term of your subscription to JAMAevidence, McGraw-Hill Education hereby grants you a non-exclusive, non-transferable license to access and use JAMAevidence for the fees and under the terms described in this Agreement. For individual subscriptions, only one person at a time may access JAMAevidence using the User's screen name and password. You may display, download, or print out, for your own research or study only, materials from JAMAevidence; you may not otherwise copy, transmit, rent, lend, sell, or modify any materials from JAMAevidence or modify or remove any proprietary notices contained therein, or create derivative works based on materials from JAMAevidence. You may not engage in systematic retrieval of Content from the JAMAevidence to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from McGraw-Hill Education. You may not use any robots, spiders, crawlers or other automated downloading programs or devices, including without limitation, to: (i) continuously and automatically search or index any Content; (ii) harvest personal information from JAMAevidence; or (iii) cause disruption to the operation of JAMAevidence. McGraw-Hill Education reserves the right to terminate the User's subscription at any time if the User downloads or prints out a substantial portion of JAMAevidence. The User may not disseminate any portion of JAMAevidence through electronic means, including mail lists or electronic bulletin boards and agrees not to restrict or inhibit any other User's access to, or use of, JAMAevidence.

Other Content

The User grants to McGraw-Hill Education and the American Medical Association perpetual, non-exclusive right to use all material entered into JAMAevidence by the User (other than third-party material transmitted through private electronic mail) in any of McGraw-Hill Education's or the American Medical Association’s print or electronic publications.

Users entering material into JAMAevidence are responsible for the content of that material. McGraw-Hill Education, the McGraw-Hill Education Designated Online Providers, and the American Medical Association do not have any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from JAMAevidence. However, McGraw-Hill Education retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which McGraw-Hill Education deems to be illegal, offensive, or otherwise inappropriate.

You may not input or distribute any material through JAMAevidence which is promotional in nature, including solicitations for funds or business, without the prior written authorization of McGraw-Hill Education.

The User agrees to indemnify the American Medical Association, McGraw-Hill Education and the McGraw-Hill Education Designated Online Providers from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which McGraw-Hill Education, its affiliates, employees and the McGraw-Hill Education Designated Online Providers may incur as a result of either: (i) the User's violation of this Agreement; or (ii) material entered into JAMAevidence with the use of the User's screen name or password. McGraw-Hill Education reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify McGraw-Hill Education or the McGraw-Hill Education Designated Online Providers.

No Warranties/Limitations on Liability

JAMAevidence AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS. NEITHER MCGRAW-HILL EDUCATION NOR THE MCGRAW-HILL EDUCATION DESIGNATED ONLINE PROVIDERS MAKE ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING JAMAevidence, NOR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH JAMAevidence.

MEDICINE IS AN EVER-CHANGING SCIENCE. AS NEW RESEARCH AND CLINICAL EXPERIENCE BROADEN OUR KNOWLEDGE, CHANGES IN TREATMENT AND DRUG THERAPY ARE REQUIRED. MCGRAW-HILL EDUCATION AND THE MCGRAW-HILL EDUCATION DESIGNATED ONLINE PROVIDERS HAVE CHECKED WITH SOURCES BELIEVED TO BE RELIABLE IN THEIR EFFORTS TO PROVIDE INFORMATION THAT IS COMPLETE AND GENERALLY IN ACCORD WITH THE STANDARDS ACCEPTED AT THE TIME OF PUBLICATION. HOWEVER, IN VIEW OF THE POSSIBILITY OF HUMAN ERROR OR CHANGES IN MEDICAL SCIENCES, NEITHER MCGRAW-HILL EDUCATION NOR THE MCGRAW-HILL EDUCATION DESIGNATED ONLINE PROVIDERS WARRANTS THAT THE INFORMATION CONTAINED IN JAMAevidence IS IN EVERY RESPECT ACCURATE OR COMPLETE, AND THEY ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. USERS ARE ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED IN JAMAevidence WITH OTHER SOURCES. FOR EXAMPLE, AND IN PARTICULAR, USERS ARE ADVISED TO CHECK THE PRODUCT INFORMATION SHEET INCLUDED IN THE PACKAGE OF EACH DRUG THEY PLAN TO ADMINISTER TO BE CERTAIN THAT THE INFORMATION CONTAINED IN JAMAevidence IS ACCURATE AND THAT CHANGES HAVE NOT BEEN MADE IN THE RECOMMENDED DOSE OR IN THE CONTRAINDICATIONS FOR ADMINISTRATION. THIS RECOMMENDATION IS PARTICULARLY IMPORTANT IN CONNECTION WITH NEW OR INFREQUENTLY USED DRUGS. NEITHER MCGRAW-HILL EDUCATION NOR THE MCGRAW-HILL EDUCATION DESIGNATED ONLINE PROVIDERS SHALL BE LIABLE TO THE USER OR TO ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.

IN NO EVENT WILL MCGRAW-HILL EDUCATION OR THE MCGRAW-HILL EDUCATION DESIGNATED ONLINE PROVIDERS OR THE AMERICAN MEDICAL ASSOCIATION BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF JAMAevidence. USER AGREES THAT ALL DEMANDS FOR DAMAGES OF WHATEVER KIND ASSESSED AGAINST MCGRAW-HILL EDUCATION OR ANY OF ITS THIRD PARTY LICENSORS, INCLUDING, WITHOUT LIMITATION, THE MCGRAW-HILL EDUCATION DESIGNATED ONLINE PROVIDERS, ARISING OUT OF, OR RELATING TO USE OF JAMAevidence SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO MCGRAW-HILL EDUCATION FOR USE OF JAMAevidence DURING THE PREVIOUS TWELVE (12) MONTHS.

Registration

As part of the registration process, you must select a screen name and password. You will keep your User name and password confidential. You are responsible to promptly notify McGraw-Hill Education of any disclosure or unauthorized use of you User name and password by calling 1-888-307-5984 (U.S.) or 1-614-759-3663 (from outside the U.S.) or sending email to OnlineCustomer_Service@mcgraw-hill.com. You will be assigned a new User name and password. You may be liable for any damages which occur prior to such notification, including charges incurred as a result of the unauthorized use of your credit card. You will notify McGraw-Hill Education within thirty (30) days of any other changes in your registration data.

Privacy Policy

McGraw-Hill Education may, from time to time, use information you provide as part of the registration process to send you information regarding other products or services from McGraw-Hill Education which may be of interest to you. In addition, McGraw-Hill Education may provide aggregated, anonymous statistical information about JAMAevidence users to other persons, including potential advertising clients. For detailed information, please see the McGraw-Hill Education Customer Privacy Policy. A link is also located at the bottom of any screen of JAMAevidence.

Term and Termination

This Agreement will continue and renew automatically unless terminated by McGraw-Hill Education, as provided for in this Agreement, or you fail to respond to the renewal notice from McGraw-Hill Education and do not renew your subscription.

McGraw-Hill Education reserves the right to change the terms of this Agreement by providing notice in JAMAevidence or, at McGraw-Hill Education's option, directly to users via electronic mail or conventional mail. Use of JAMAevidence following the posting of any changes to these terms and conditions shall be conclusively deemed acceptance of those changes by the User.

McGraw-Hill Education may discontinue or change JAMAevidence, or its availability to you, at any time. If you refuse or fail to abide by these rules or violate any other terms or conditions of this Agreement, McGraw-Hill Education reserves the right in its sole discretion to suspend or terminate your access to JAMAevidence immediately without notice, in addition to any other available remedies.

Fees and Payments

Your annual subscription fee for JAMAevidence must be fully paid before you will be provided access to JAMAevidence.

You agree to pay all fees and charges incurred in connection with your User name and password, including applicable taxes and communications or access charges, at the rates in effect when the charges were incurred. For a list of current fees please see the subscription area of your selected JAMAevidence service. User fees will be billed automatically to your credit card at the start of each subscription period. Fees and charges are non-refundable. McGraw-Hill Education may change subscription rates in the normal course of business. In that case, you will be notified of the new rates (if any) in the McGraw-Hill Education annual renewal notice which you will receive prior to the end of your subscription term. All charges incurred in connection with your account will be billed to the credit card you designate during the registration process.

General

This Agreement constitutes the entire agreement between the User and McGraw-Hill Education relating to JAMAevidence and supersedes any and all other agreements, oral or in writing, with respect to JAMAevidence. This Agreement may be modified only by a writing signed by both parties. The failure of McGraw-Hill Education to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable laws, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State.


User Indemnification

The User agrees to indemnify the American Medical Association, McGraw-Hill Education, and the McGraw-Hill Education Designated Online Providers from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which McGraw-Hill Education, its affiliates, employees and the McGraw-Hill Education Designated Online Providers may incur as a result of either: (i) the User's violation of this Agreement; (ii) material entered into the Service with the use of the User's screen name or password; (iii) or otherwise due to or arising out of your use of the Service or any violation of any rights of another. McGraw-Hill Education reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify McGraw-Hill Education or the McGraw-Hill Education Designated Online Providers.

Export

You may not download or otherwise export or re-export any underlying Software, technology or other information from the Service except in full compliance with all U.S. and other applicable laws and regulations. In particular, but without limitation, none of the underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's or State Department's Table of Denial Orders. You agree to indemnify and hold harmless and defend McGraw-Hill Education and the McGraw-Hill Education Designated Online Providers against any and all liability arising from or relating to your breach of this section.

Updates, Revisions and Technical Support

McGraw-Hill Education has the right, but not the obligation, to modify, revise or update the Service, but revisions or updates, as well as any technical support if offered for the Service, will be provided to Subscriber only if a properly signed license agreement has been returned by Subscriber and is on file and Subscriber has paid all applicable fees. McGraw-Hill Education shall have no obligation to provide you with any maintenance or support relating to the Service.

Links

McGraw-Hill Education may provide, or third parties may provide, links to other World Wide Web sites or resources. McGraw-Hill Education does not endorse and is not responsible for any data, software or other content available from such sites or resources and you acknowledge and agree that McGraw-Hill Education shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such data, software or other content.

JAMAevidence Image and PowerPoint Usage Guidelines

JAMAevidence users may display, download, or print out PowerPoint slides and images associated with the site for personal and educational use only. Educational use refers to classroom teaching, lectures, presentations, rounds, and other instructional activities, such as displaying, linking to, downloading, printing and making and distributing multiple copies of said isolated materials in both print and electronic format. Users will only display, distribute, or otherwise make such PowerPoint slides and images from the applicable JAMAevidence materials available to students or other persons attending in-person presentations, lectures, rounds or other similar instructional activities presented or given by User. Commercial use of the PowerPoint slides and images are not permitted under this agreement. Users may modify the content of downloaded PowerPoint slides only for educational (non-commercial) use, however the source and attribution may not be modified.

Users may not otherwise copy, print, transmit, rent, lend, sell or modify any images from JAMAevidence or modify or remove any proprietary notices contained therein, or create derivative works based on materials therefrom. They also may not disseminate any portion of the applicable JAMAevidence site(s) subscribed to hereunder through electronic means except as outlined above, including mail lists or electronic bulletin boards.

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