Terms and Conditions of Use
Wolters Kluwer Health, Inc., its parent, affiliate and subsidiary companies including but not limited to its business units (“WKH”) welcomes you to its Web site located at http://journals.lww.com and its related sites (the “Site”). Please take a moment to review them. When you access, view, submit, or use the software, articles, content, material, or services available on or through the Site you agree, on behalf of yourself, any company or organization on whose behalf you actually or allegedly act, and any individual that receives access to the Site through you, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use the Site and must exit immediately. Any violation of these Terms and Conditions or other act or omission by any person that obtains access to this Site through you that would be a breach of these Terms and Conditions if committed by you is deemed a breach of these Terms and Conditions by you for which you shall be responsible. The Site must not be used by children under 13.
1. Informational Purposes Only
The information on this Site is for informational purposes only. No information, services, or materials offered by or through this Site shall be construed as or understood to be medical advice or care. None of the information on this Site shall be used to diagnose or treat any health problem or disease. YOU MUST CONSULT WITH A PHYSICIAN, DOCTOR, OR HEALTH CARE PROVIDER BEFORE TAKING ANY PRODUCT OR USING ANY INFORMATION ON THIS SITE. No physician/patient relationship is created between WKH and you by reason of your use of the Site or under any circumstances. Individual inquiries about sensitive or confidential matters should be addressed to appropriate health care professionals. In connection with this statement, please take particular care to read the Disclaimer of Warranty and Liability.
Some drugs and medical devices described on this Site have Food and Drug Administration (FDA) clearance for limited use in restricted research settings and to treat only specifically approved medical conditions. It is the responsibility of the health care provider to ascertain the FDA status of each drug or device planned for use in their clinical practice. WKH does not endorse or suggest any particular medical tests, pharmaceutical products, physicians or other health providers, products, or medical procedures WKH may detail or describe on this Site. Your reliance on any information provided by this Site is solely at your own risk.
WKH endeavors to keep the Site and Site Materials (defined in Section 2) on, in, and through the Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, WKH is not responsible for any errors or omissions in the Site or Site Materials.
2. Proprietary Rights
All works of authorship, information, content, functional components, articles, software, downloads, upgrades, documentation, services, information and material appearing on, contained in, or made available through the Site (“Site Materials”) are protected by law, including without limitation United States copyright law. Except as explicitly stated on the Site, the entirety of the Site Materials (including without limitation text, graphics, images, video, data, design, organization, compilation, look and feel attributes and other intellectual property) are WKH’s copyrighted works, all rights reserved, or they are the copyrighted works of WKH’s affiliates, licensors, or suppliers. WKH also owns a copyright in the Site as a collective work and compilation, and in the selection, coordination, arrangement, and organization of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Except as otherwise expressly permitted under these Terms and Conditions or any applicable license or subscription agreement governing the use of the Site Materials, any commercial use of any Site Materials, in whole or in part, without the prior written consent of WKH, is prohibited. Except for articles published under a Creative Commons License that permits such activity, any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, scraping, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of WKH, without WKH’s advance written consent, is prohibited. Articles published under a Creative Commons License may be used in accordance with the terms of such Creative Commons License.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to WKH or its parent, affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
3. Third Party Materials, Products and Services
Parties other than WKH may provide products, services or content on the Site. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. Additionally, the Site contains links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Other terms and conditions, in addition to these Terms and Conditions, may appear on the Site related to specific content of third parties and will apply to such third party content as indicated. WKH does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. WKH does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
4. Materials Submitted to the Site
The Site may allow you to contribute photographs, pictures, videos, recordings, postings, and other materials and information that is not governed by the Privacy Statement as personal data (“User Materials”) to the Site. WKH does not guarantee the accuracy or completeness of any User Materials and cannot be responsible for any User Materials. By submitting User Materials to or using the Site, you represent that you have the full legal right to provide the User Materials, that such User Materials will not: (a) divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Materials or other material or information to WKH, you grant WKH, and WKH thereby accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, the User Materials for the purpose of providing the Site and Site products and services and for all other business purposes of WKH, all without any compensation to you whatsoever. WKH may remove User Materials from the Site that are libelous, incorrect, spiteful, or otherwise inappropriate, in WKH's sole discretion. WKH shall not be responsible for changes, modifications, or removal any User Materials that you submit to the Site. WKH reserves the right to, but is not obligated to monitor, edit or disclose any User Materials. If you believe that any User Materials violate your intellectual property or other rights, please follow our Complaint Procedure in Section 9 of these Terms and Conditions.
User Materials stored on the Site are stored by WKH only for permitted temporary online sharing purposes and not for permanent or long-term storage or for temporary archival purposes. WKH is not obligated to maintain back-up copies of any User Materials.
You acknowledge and agree that User Materials may be transferred by WKH and its agents, representatives, contractors, and licensees outside of the United States. In addition, you acknowledge and agree that it is your obligation to inform third parties of the processing, including, without limitation, transferring across international borders, of their personal information, such as their name, address, and likeness, in connection with the User Materials. You agree to ensure that any required third parties have given their consent to such processing as required by all applicable law, statute, ordinance, or regulation, including, without limitation, data protection legislation.
5. Communications With The Site
WKH welcomes your feedback and suggestions about how to improve our products, information, and services and the Site, including, without limitation, the feedback and suggestions and all other information, data, material, or other content (collectively, “Submissions”) to WKH. Such Submissions shall be deemed User Materials in accordance with Section 4 of these Terms and Conditions. Without limiting the foregoing, WKH is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any Submission for any purpose whatsoever, including without limitation creating and marketing products, information, or services using such information.
Our Privacy Statement is incorporated into these Terms and Conditions by reference, as if fully set forth herein.
7. Disclaimer of Warranty and Liability
THE SITE, THE SITE MATERIALS AND USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITES, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
WKH OR ITS LICENSORS MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER MATERIALS, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER MATERIALS, THE SITE, THE SITE MATERIALS, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
WKH OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER MATERIALS, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WKH HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF WKH AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING SIX MONTHS FOR USE OF THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF WKH AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
You shall indemnify WKH and its directors, officers, employees, agents, contractors and licensors (“WKH Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, (except to the extent attributable to WKH), or any breach by you of these Terms and Conditions and shall indemnify and hold WKH Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of WKH.
WKH or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If WKH or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to WKH, subject to the right of WKH to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
9. Complaint Procedure
If you believe that any photographs or content on the Site violate your intellectual property or other rights, please send to WKH at email@example.com a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
10. Nature of the Internet
Given the nature of the Internet, the transmission of any communication or material to WKH via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed, and is not represented to be, secure. Alternative to communicating via the Internet or e-mail, WKH can be contacted by regular mail at Two Commerce Square, 2001 Market Street, Philadelphia, PA 19103, or by telephone at 1-800-638-3030 (US) or 1-301-223-2300 (elsewhere).. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither WKH nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
11. Corrections and Changes
WKH may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with the Site, at any time, and WKH makes no commitment to update the information contained on or in the Site. WKH reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
WKH reserves the right at any time to modify, alter or update these Terms and Conditions. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to the Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made.
12. Governing Law and Jurisdiction
These Terms and Conditions represent the entire agreement between you and WKH with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction and venue for any and all disputes arising out of this Agreement or related to the Service are in the state and federal courts located in Philadelphia, Pennsylvania and (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
13. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
Materials on this Online Service, may be from third parties not within Wolters Kluwer’s control. Wolters Kluwer is under no obligation to, and does not, scan content used in connection with the Online Service for the inclusion of illegal or impermissible content. However, Wolters Kluwer respects the copyright interests of others and, as a policy, does not knowingly permit materials herein that infringe another party's copyright. If you believe any materials on this Online Service infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Wolters Kluwer may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
The Site is controlled and operated from within the United States. Without limiting anything else, WKH makes no representation that the Site, Site Materials, User Materials, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of WKH to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions are for reference only and shall not affect the interpretation of these Terms and Conditions.
Dated: August 17, 2018
Copyright © 2019 Wolters Kluwer Health, Inc. All rights reserved.