DISPUTE NOTICE: THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERENCED IN THE ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES WITH BMG WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Copyright Ownership and Permitted Use.
Unless otherwise indicated, the content available through the Services is protected by copyright and may be used only in accordance with copyright and other applicable laws. Content available through the Services is for your personal noncommercial use.
For permissions information, please refer to KCJ Group copyright information.
3. Trademark Ownership.
The New England Journal of Medicine, The New England Journal of Medicine logo design, KCJ, and KCJ Knowledge+ (“BMG Trademarks”) are trademarks of the BMG. Any use of BMG Trademarks in connection with the sale, offering for sale, distribution, or advertising of any goods or services, which is likely to cause confusion, to cause mistake, or to deceive, is strictly prohibited.
4. Use of the Services
The Services are intended for physicians and other healthcare professionals. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof.
The information and tools that we make available through the Services are provided for educational and informational purposes only. While we hope you find the Services useful to you as a healthcare professional, they are in no way intended to serve as a diagnostic service or platform, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You agree that you will not use the Services with the intention of creating any kind of physician/patient relationship, e.g., to diagnose or treat users. You are solely responsible for evaluating the information obtained from the Services and for your use or misuse of such information in connection with your treatment decisions or otherwise. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you and the practice of medicine or other relevant health profession.
Notwithstanding anything stated herein, you may be subject to certain obligations and responsibilities associated with the jurisdiction in which you practice medicine or another health profession. We make no representation or warranty as to the legal compliance of the Services or the KCJ Content and you are solely responsible for compliance with the laws of your jurisdiction, with respect to your use and misuse of the Services and the KCJ Content. We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the KCJ, the Services and the KCJ Content to any person, geographic area or jurisdiction we so desire.
If you are a consumer who chooses to access the professional-level information made available through the Services, you should not rely on that information as professional medical advice or use the Services as a replacement for any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency medical personnel.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable and non-sublicensable license to use the Services and to view the information and materials made available through the Services, including User Content, as defined below, ("KCJ Content") solely for your personal and professional use. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, KCJ Content, or KCJ properties, except as expressly permitted in these Terms. All rights not expressly granted herein are reserved by us and our respective licensors, as applicable.
The KCJ may contain links to third-party websites or resources which are not part of the KCJ. You agree that we are not responsible or liable for these websites and resources including, without limitation, their availability or the content and information that they provide. The inclusion in the KCJ of third party resources, including links to third party websites, does not imply our endorsement of these resources.
You agree that you will not engage in any of the following activities in connection with your use of the Services:
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- Use, display, mirror or frame a KCJ Site or KCJ App, or any component thereof, or KCJ's trademark, logo or other proprietary information, without the written consent of KCJ, as applicable;
- Remove any copyright, trademark or other proprietary rights notices contained within the KCJ, including those of KCJ and any of their respective licensors;
- Infringe or use any of our brands, logos trademarks or other proprietary marks in any business name, email, URL or other context unless expressly approved in writing by KCJ, as applicable;
- Attempt to circumvent any protective technological measure associated with the Services;
- Attempt to access or search any KCJ properties or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
- Post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
- Impersonate or misrepresent your affiliation with another person or entity;
- Harvest or otherwise collect information about others, including email addresses;
- Interfere with or disrupt any of the Services or the associated computer or technical delivery systems;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing a KCJ Site or a KCJ App;
- Fail to respect another user's privacy. This includes revealing another user's password, phone number, address, instant messenger I.D. or address or any other personally identifiable information; or
- Use any KCJ property, the Services or any KCJ Content in any manner not permitted by these Terms.
We may (but are not obligated to) do any or all of the following without notice:
- Record or pre-screen User Content submissions to public areas within the KCJ;
- Investigate your use of the Services as we deem appropriate to comply with any applicable law, regulation, government request or legal process;
- Edit KCJ Content.
6. Web Site Modifications and Availability.
The BMG will make reasonable efforts to keep the Services available 24 hours a day, 7 days a week. However, owing to technical failures, routine maintenance, or other unforeseen circumstances, availability may be limited and the BMG will not be responsible for the non-availability of the Services. The BMG reserves the right to modify, suspend, discontinue, or restrict access to, all or any part of the Services at any time.
7. Disclaimer of Warranties.
The Services are intended for educational, research, self-study, and reference purposes only. The Services are not intended to substitute for the exercise of professional judgment by the user. Medical science and clinical practice is ever-changing. Users, whenever possible, are advised to confirm the information available from the Services through independent sources. The information available through the Services should not be substituted for the advice or judgement of a qualified health care professional. Do not disregard or avoid professional medical advice or delay seeking it because of materials made available through the Services. The BMG makes no warranty that the operation of the Services will be uninterrupted or error-free or as to the accuracy, completeness, suitability, or result obtained from the use of the Services or any content included therein.
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. BMG DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. BMG MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICE OFFERINGS DISPLAYED ON OR OFFERED THROUGH A SERVICE IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, TIMELY, OPERATIONAL, ERROR FREE, SECURE, SAFE, OR THAT THE SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE THE SERVICES. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitations of Liability
DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO A MAXIMUM AMOUNT OF $100.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless BMG, including its partners, affiliates, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third-party service providers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your breach of this Agreement; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim. We will provide you with timely notice of any such claim, suit or proceeding.
10. Arbitration, Class-Action Waiver and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Waiver of Jury Trial
BMG AND YOU EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL DISPUTES, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR INFRINGEMENT OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS). Such disputes include those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. BMG and you agree not to combine a dispute that is subject to arbitration under this Agreement with a dispute that is not eligible for arbitration under this Agreement.
Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.
Required Use of AAA
You agree that the arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.
11. User Generated Content.
You agree that you are fully responsible for the content that you submit. You agree that you will not post or submit any content that (i) is defamatory, obscene, or abusive, (ii) violates or infringes upon the proprietary, publicity, or privacy rights of any third party, (iii) violates or encourages the violation of any applicable local, state, national, or international law, rule, or regulation, or (iv) is otherwise inappropriate. You agree not to submit any personal information of another (including, without limitation, Protected Health Information). You will indemnify the BMG, from any third party cost, claim, or demand, including reasonable attorneys’ fees, due to or arising out of the content you submit. You understand and agree that the BMG is not responsible for content submitted by third parties.
We are under no obligation to display or otherwise use your submission. You authorize the BMG to publish your name and location (city, state and/or country) in connection with any use of your submission and, in identifying yourself and location, you represent that you have done so accurately. You agree to post or submit only for non-commercial purposes.
12. International Use.
The Services are controlled and operated within the United States of America. The BMG makes no representation that the Services or content made available through the Services are appropriate or available for use outside of the United States. Certain items available through KCJ Group digital offerings may be subject to U.S. export laws and regulations. In such event, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo and that you are not on any U.S. Government list of prohibited, blocked, or restricted parties.
Compliance with Laws.
13. Choice of Law and Forum.
Descriptions of, references to, or links to other products, publications, or services does not imply endorsement of any kind unless expressly stated by the BMG.
15. Login Security & Registration Information.
Sharing login information for the Services is strictly prohibited. Where registration is involved for the use of a Service, you agree to provide valid and truthful information.
17. Copyright Complaints.
The BMG respects the intellectual property ownership rights of others. If you believe in good faith any materials within the KCJ has been reproduced in a way that constitutes copyright infringement, you may request removal of those materials (or access thereto) by contacting our copyright agent and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this web site is as follows:
Kidney Cancer Journal
Attn: Copyright Agent
517 Belle Gate Pl, Cary NC 27519 USA
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements specified above shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. We may terminate the account of any user who we determine is a repeat infringer.