of Users and Uses
InformedConsentMD.com (the “Site”) may be accessed and used by: (1) physicians and other individual medical professionals who have paid the subscription fee (“Paid Subscribers”) and (2) Patients and other non-medical Users at the direction, and subject to the guidance, of their personal physicians who are also Paid Subscribers ("Patients"). (Paid Subscribers and Patients are collectively referred to as “Users”) and, except as otherwise provided herein, the following terms and conditions apply to all categories of Users.
2. The Site was developed to provide video-based educational materials relevant to the fields of medicine and surgery. All Users of the Site acknowledge and agree that the Site is for informational and educational purposes only and not as a substitute for required medical training. It is not intended to be a substitute for the customary and essential physician – Patient pre-operative counseling and risk disclosure. Paid Subscribers agree that:
a. the techniques, information and procedures shown on the Site are not intended to, and do not, replace their individual professional judgment based upon the circumstances of each individual Patient and that they are solely responsible for their professional medical decisions including diagnosis and treatment advice. Patients acknowledge and agree that the Site is not intended to and cannot replace or be a substitute for the individual professional medical advice and treatment of their personal physicians. Patients agree and represent that any decisions they make regarding medical treatment and diagnosis are based solely upon the advice of their personal physicians and not on any information provided on the Site;
b. Paid Subscribers are responsible for reviewing the information contained on the Site including any consent forms referred to therein, and exercise such individuals independent clinical judgment as to the accuracy and completeness of that information when advising such Patients, using such individual’s medical training and experience, and considering the unique characteristics of each individual Patient; and
c. MedSurg LRC, LLC d/b/a InformedConsentMD (“Owner”) makes no representation that the information or forms contained on the Site or accessed through the Site, comply in all respects with legal requirement, nor that they meet any medical or professional standards, each of which may require additional disclosures based upon the applicable requirements of state law, or the policies, procedures and guidelines with individual medical institutions.
d. Some Content may be provided by paid or unpaid third parties and/or paid or unpaid advertisers. The Owner are not responsible for a User’s use of the Content, including a User’s choice of any diagnosis, technique, procedure, or treatment exhibited on the Site. Owner are not responsible for any opinions or recommendations placed on any discussion forum on or linked to the Site.
f. You agree you will not:
i. Create an account for anyone other than yourself unless you are a Legal Guardian, are authorized to do so under a Power of Attorney or have received other appropriate authorization to act on behalf of the user;
ii. Provide any false or inaccurate personal information (including a false User Name);
iii. Create a User Name that is the name of another person with the intent to impersonate that person or create a User Name that is offensive, vulgar or obscene or otherwise unlawful;
iv. Collect or store personal information about others;
v. Transmit or disclose information about another person or otherwise harass any other person;
vi. Delete or revise any content on this website except your own information;
vii. Use any device or computer program in order to interfere or attempt to interfere with the proper operation of this Site.
viii. Take any action that imposes an unreasonable load on the systems supporting this Site;
ix. Attempt to disrupt, degrade, impair or violate the integrity or security of the infrastructure of this Site (e.g., hacking, denial of service attacks), including any activity that precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of our IP space;
x. Remove or obscure the copyright notice or other notices displayed on the content and/or frame MedSurg LRC, LLC name or any MedSurg LRC, LLC content, trademark, logo or trademarks in any meta-tags or other hidden text, or other proprietary information on this Site;
xi. Copy, reprint, modify, lease, distribute, assign, sell, license, reverse engineer, or create derivative works of content on this Site or take other actions that may be prohibited by the Federal regulation known commonly as the “Copyright Act” using information or content retrieved from this Site or any of the third party websites we may provide links to;
xii. Use this Site in a manner that may adversely affect this Site’s resources or its availability to others, or that violates U.S., local, state or federal law.
xiii. Your Site account privileges depend upon your consent to honor these responsibilities; we rely on your good faith and judgment. If you choose to provide inaccurate or false information, use poor judgment, or fail to access your account for thirteen (13) months, MedSurg LRC, LLC has the right to discontinue your access to this Site.
and Copyright and Trademarks Protection
All right, title and interest in the content (including software, text and images) and other intellectual property (including trademarks, service marks and copyrights) on this Site are solely and exclusively the property of MedSurg LRC, LLC or its licensors, and are protected by intellectual property laws. You acknowledge that content available through the Site, including, without limitation, content of third parties is protected by copyright, trademark, patent or other intellectual proprietary rights and laws.
11. User Content
As a User, you may submit Content to the Service, including videos and image files (including documents, photos, or other educational materials). You understand that the MedSurg LRC, LLC does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to MedSurg LRC, LLC all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
You retain all of your ownership rights in your Content. However, by submitting Content to MedSurg LRC, LLC, you hereby grant MedSurg LRC, LLC a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos and media from the Service. You understand and agree, however, that MedSurg LRC, LLC may retain, but not display, distribute, or perform, server copies of your videos or media that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant MedSurg LRC, LLC all of the license rights granted herein.
MedSurg LRC, LLC does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and MedSurg LRC, LLC expressly disclaims any and all liability in connection with Content. MedSurg LRC, LLC does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and MedSurg LRC, LLC will remove all Content if properly notified that such Content infringes on another's intellectual property rights. MedSurg LRC, LLC reserves the right to remove Content without prior notice.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
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 the service provider to locate the material;
D. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
E. A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to our email: firstname.lastname@example.org, phone: 713-866-4800. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
A. Your physical or electronic signature;
B. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
C. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
D. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Harris County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by MedSurg LRC, LLC, MedSurg LRC, LLC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 30 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 30 business days or more after receipt of the counter-notice, at MedSurg LRC, LLC sole discretion.
Dated: April 23, 2018