Terms of Subscription and License Agreement for AccessSurgery
All use of The McGraw-Hill Companies ("McGraw-Hill")
AccessSurgery web pages is subject to the terms and conditions set forth below.
By completing the registration process, clicking the User Agreement acceptance
"button", and using AccessSurgery, 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
AccessSurgery contains two types of content:
-
"AccessSurgery Owned Content" means information entered into AccessSurgery by
McGraw-Hill's employees and its licensors, including without limitation, those
authorized representatives who are editors or who are otherwise designated by
McGraw-Hill to contribute to AccessSurgery (collectively the "McGraw-Hill
Designated Online Providers").
-
"Other Content" means any other information entered into AccessSurgery by Users
or other persons.
Use of AccessSurgery
All of the AccessSurgery Owned content is either the property
of McGraw-Hill or is licensed to McGraw-Hill and is protected by copyright and
other intellectual property laws. The User shall honor all reasonable requests
by McGraw-Hill to protect McGraw-Hill's proprietary interests in AccessSurgery.
During the term of your subscription to AccessSurgery, McGraw-Hill hereby
grants you a non-exclusive, non-transferable license to access and use
AccessSurgery for the fees and under the terms described in this Agreement. For
individual subscriptions, only one person at a time may access AccessSurgery
using the User's screen name and password. You may display, download, or print
out, for your own research or study only, materials from AccessSurgery; you may
not otherwise copy, transmit, rent, lend, sell, or modify any materials from
AccessSurgery or modify or remove any proprietary notices contained therein, or
create derivative works based on materials from AccessSurgery. You may not
engage in systematic retrieval of Content from the AccessSurgery to create or
compile, directly or indirectly, a collection, compilation, database or
directory without prior written permission from McGraw-Hill. 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
AccessSurgery; or (iii) cause disruption to the operation of AccessSurgery.
McGraw-Hill reserves the right to terminate the User's subscription at any time
if the User downloads or prints out a substantial portion of AccessSurgery. The
User may not disseminate any portion of AccessSurgery 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, AccessSurgery.
Other Content
The User grants to McGraw-Hill the perpetual, non-exclusive
right to use all material entered into AccessSurgery by the User (other than
third-party material transmitted through private electronic mail) in any of
McGraw-Hill's print or electronic publications.
Users entering material into AccessSurgery are responsible for
the content of that material. Neither McGraw-Hill nor the McGraw-Hill
Designated Online Providers 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 AccessSurgery. However, McGraw-Hill retains the right, which it may or may
not exercise in its sole discretion, to review, edit, or delete Other Content
which McGraw-Hill deems to be illegal, offensive, or otherwise inappropriate.
You may not input or distribute any material through
AccessSurgery which is promotional in nature, including solicitations for funds
or business, without the prior written authorization of McGraw-Hill.
The User agrees to indemnify McGraw-Hill and the McGraw-Hill
Designated Online Providers from all damages, liabilities, costs, charges and
expenses, including reasonable attorneys' fees, which McGraw-Hill, its
affiliates, employees and the McGraw-Hill Designated Online Providers may incur
as a result of either: (i) the User's violation of this Agreement; or (ii)
material entered into AccessSurgery with the use of the User's screen name or
password. McGraw-Hill reserves the right to assume the exclusive defense and
control of any such matter for which the User has agreed to indemnify
McGraw-Hill or the McGraw-Hill Designated Online Providers.
No Warranties/Limitations on Liability
ACCESSSURGERY AND ALL MATERIALS CONTAINED THEREIN ARE
PROVIDED ON AN "AS IS" BASIS. NEITHER MCGRAW-HILL NOR THE MCGRAW-HILL
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 ACCESSSURGERY, NOR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT
OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH ACCESSSURGERY.
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 AND THE MCGRAW-HILL 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 NOR THE
MCGRAW-HILL DESIGNATED ONLINE PROVIDERS WARRANTS THAT THE INFORMATION CONTAINED
IN ACCESSSURGERY 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
ACCESSSURGERY 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
ACCESSSURGERY 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 NOR THE MCGRAW-HILL 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 OR THE MCGRAW-HILL DESIGNATED
ONLINE PROVIDERS 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
ACCESSSURGERY. USER AGREES THAT ALL DEMANDS FOR DAMAGES OF WHATEVER KIND
ASSESSED AGAINST MCGRAW-HILL OR ANY OF ITS THIRD PARTY LICENSORS, INCLUDING,
WITHOUT LIMITATION, THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS, ARISING OUT
OF, OR RELATING TO USE OF ACCESSSURGERY SHALL NOT EXCEED THE TOTAL AMOUNT THE
USER PAID TO MCGRAW-HILL FOR USE OF ACCESSSURGERY DURING THE PREVIOUS TWELVE
(12) MONTHS.
Registration
As part of the registration process, you must select a screen
name and password. You will keep you User name and password confidential. You
are responsible to promptly notify McGraw-Hill 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 within thirty (30) days of any
other changes in your registration data.
Privacy Policy
McGraw-Hill 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 The McGraw-Hill Companies which may be of
interest to you. In addition, McGraw-Hill may provide aggregated, anonymous
statistical information about AccessSurgery users to other persons, including
potential advertising clients. For detailed information, please click the
McGraw-Hill Customer Privacy Policy link at the bottom of any screen of
AccessSurgery.
Term and Termination
This Agreement will continue and renew automatically unless
terminated by McGraw-Hill, as provided for in this Agreement, or you fail to
respond to the renewal notice from McGraw-Hill and do not renew your
subscription.
McGraw-Hill reserves the right to change the terms of this
Agreement by providing notice in AccessSurgery or, at McGraw-Hill's option,
directly to users via electronic mail or conventional mail. Use of
AccessSurgery following the posting of any changes to these terms and
conditions shall be conclusively deemed acceptance of those changes by the
User.
McGraw-Hill may discontinue or change AccessSurgery, 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
reserves the right in its sole discretion to suspend or terminate your access
to AccessSurgery immediately without notice, in addition to any other available
remedies.
Fees and Payments
Your annual subscription fee for AccessSurgery must be fully
paid before you will be provided access to AccessSurgery.
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
AccessSurgery 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 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 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 relating to AccessSurgery and supersedes any and all other
agreements, oral or in writing, with respect to AccessSurgery. This Agreement
may be modified only by a writing signed by both parties. The failure of
McGraw-Hill 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 McGraw-Hill and the McGraw-Hill
Designated Online Providers from all damages, liabilities, costs, charges and
expenses, including reasonable attorneys' fees, which McGraw-Hill, its
affiliates, employees and the McGraw-Hill 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 reserves the right to
assume the exclusive defense and control of any such matter for which the User
has agreed to indemnify McGraw-Hill or the McGraw-Hill 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 and the McGraw-Hill
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 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 shall have
no obligation to provide you with any maintenance or support relating to the
Service.
Links
McGraw-Hill may provide, or third parties may provide, links
to other World Wide Web sites or resources. McGraw-Hill 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 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.
AccessSurgery Image Usage Guidelines
AccessSurgery users may display, download, or print out 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 images from the applicable AccessSurgery site(s) available to
students or other persons attending in-person presentations, lectures, rounds
or other similar instructional activities presented or given by User.
Users may not otherwise copy, print, transmit, rent, lend, sell or modify any
images from any AccessSurgery site(s) 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
AccessSurgery site(s) subscribed to hereunder through electronic means except
as outlined above, including mail lists or electronic bulletin boards.
Reference Drug Dataset Licensed
The product is intended to serve the user as a rapidly accessible, concise initial reference resource and not as a complete reference resource. It does not include information concerning every therapeutic agent, laboratory or diagnostic test or procedure available. The product is clinically oriented and is intended to be used only by licensees who are: (1) researchers who will not use the information for medical diagnosis or treatment, and (2) physicians and other competent healthcare professionals who will rely on their own discretion and judgment in medical diagnosis and treatment.
Neither McGraw-Hill nor its third party providers directly or indirectly practice medicine or dispense medical services and, as such, assumes no liability for data contained herein. The licensee assumes full responsibility for the appropriate use of medical information contained in the product and agrees to hold McGraw-Hill and its third party providers harmless from any and all claims or actions arising from licensee's use of the product.
McGraw-Hill, and its third party providers deliver in "AS IS" CONDITION WITH NO WARRANTY PROVIDED OR ASSUMED, this Database, and documentation describing it. THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH McGraw-Hill AND ITS THIRD PARTY PROVIDERS DISCLAIM.
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