QuizTime Terms and Conditions of Use
Each QuizTime program ("Program") is offered by or through Vanderbilt University Medical Center ("We," "Us" or "Our") for personal educational purposes only, and is subject to these terms and conditions ("Terms"). By registering to use or access a Program, clicking "I agree", or accessing or using any Program, you ("You") agree to be bound by these Terms. If You do not agree to these Terms, You may not participate in, use or access any Program or any element thereof. Each Program is further subject to the terms, conditions and limitations of any applicable license agreement between Us and the entity through which the Program is offered.
1. Scope of Use. Your access to a Program is provided for Your personal educational purposes only. Use of the Program and the content offered on or through the Program are only for Your use and no other person’s use; You may not allow any other person to use, or pose as You in connection with, a Program. You may not copy, share or distribute any element of any Program, including, without limitation, any question, answer, rationale, explanation, functionality or software, except that you may make one printed copy of Program content for your own personal educational use consistent with these Terms. The Program is for educational purposes only and not intended to constitute medical advice or a substitute for professional judgment. You are solely responsible for any use or application of the Program or any of its elements. Completion of, or participation in, any Program does not constitute, in any manner, an endorsement or certification of a person or his or her skills, abilities or qualifications.
2. Restrictions. Each Program, including each question, answer, explanation and other element, is confidential proprietary intellectual property owned by Us or Our licensor(s) and may not be used or disclosed except as expressly authorized in these Terms. Except for the limited rights expressly granted in these Terms, We and, where applicable, Our licensors, own and retain all right, title and interest in and to all Programs and all derivative works thereof (regardless of by whom prepared), and all related intellectual property and proprietary rights. Furthermore, nothing in these Terms shall be construed to confer any rights by implication, estoppel, or otherwise as to any technology or patent rights or copyrights of Ours, Our licensors, or any other entity, whether existing now or in the future, and whether or not related to the Program, except for the limited rights expressly set forth in these Terms. You shall not (i) use any Program for any purpose other than your own, personal educational purposes; (ii) reverse engineer, decompile or disassemble any Program, or any software or other technology used to deliver or display the Program, or any portion of it, or attempt to engage in any of such activities; (iii) transmit the Program or otherwise permit it to be publicly accessible over a network, by any means, including but not limited through the Internet or in the operation of a service bureau; (iv) remove, obscure or alter any disclaimers, or notices, including without limitation, copyright notice, trademark or other proprietary rights notices displayed or contained within the Program; or (v) modify or create any derivative work of any Program or any part thereof. However, should you create any derivative works based on the Program despite the foregoing, You hereby agree that such derivative works are owned exclusively by Us. You hereby assign all right, title, and interest in such derivative works to Us.
3. Term and Termination. These Terms shall be effective until expiration of the Program period for which you registered. Either You or We may terminate Your participation in a Program at any time for any reason with no obligation or liability of any kind for such termination. Additionally, Your right to access to the Program will automatically terminate in its entirety if you breach these Terms. Upon termination of Your right to access a Program, you must immediately cease use of the Program and destroy or return all copies thereof, except that, if you have not breached these Terms, You may retain one printed copy of educational content obtained through the Program prior to such termination or expiration for Your personal educational use, which copy will remain subject to these Terms. Sections 2-7 shall survive expiration or termination of these Terms.
4. Use of Professional Judgment. In providing the Program, We (and our licensors) are not engaged in rendering medical advice, diagnosis or other medical or professional services. The Program is made available for educational and informational purposes only and not as a substitute for Your, or any other person’s, analysis or judgment. You must exercise professional judgment when using any information contained in the Program and take sole responsibility for its use. We (and Our licensors) and the editors and authors of the Program use reasonable efforts to see that no inaccurate or misleading data, opinion, or statement appear in the Program, but there is no warranty or guaranty regarding the completeness or accuracy of any Program. Additionally, standards and practices in medicine change as new information and data become available and the individual medical professional should consult a variety of sources in making clinical decisions for individual patients. We undertake no duty to update or revise the Program. It is the responsibility of the treating physician or health care professional, relying on independent experience and knowledge of the patient, to determine the appropriate treatment. Because of the uniqueness of each patient and the need to take into account a number of concurrent considerations, the information contained in the Program should be used only as general information. The information provided in the Program is not a substitute for the healthcare provider's examination/assessment of each patient and consideration of laboratory data and other factors unique to the patient. Accordingly, We, Our licensors, and our respective employees, officers, and agents accept no liability whatsoever for the consequences of any such inaccurate or misleading data, opinion, or statement. You agree to defend, indemnify and hold harmless Us and Our licensors, and Our respective officers, directors, trustees, employees and agents from and against any claims, actions, demands, judgments, liabilities, fines, penalties and expenses, including but not limited to reasonable attorneys’ fees, resulting from or alleged to result from, use of or reliance on the Program.
5. Disclaimer; Limitation of Liability. EACH PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION LOSS OF BUSINESS, PROFITS OR REVENUE, OR INABILITY TO OBTAIN PROFESSIONAL EDUCATIONAL CREDIT) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS OR ANY PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. You are solely responsible for determining the appropriateness of using the Program and you assume all risks and responsibility associated with use of the Program.
6. Revision of Terms. These Terms constitute the entire agreement between You and Us with respect to the Program (except as otherwise expressly provided herein) superseding all other prior agreements that might exist. We may revise the Terms at any time by posting the revised Terms through the Program or otherwise notifying you. All revised Terms are automatically effective as soon as they are posted or provided. Your continued use of the Program constitutes your agreement to be bound by the revised Terms.
7. General Provisions. You may not assign or transfer Your rights or obligations under these Terms without Our prior written consent. Any other assignment or transfer by You is void. You may not use Our (or Our licensors’) name, logo, or trademark, or the QuizTime mark in any manner, including without limitation in any advertising, promotional material, press release, publication, public statement, or announcement, or through any form of other media, written or oral, (except to the extent that use of Our name (but not trademark or logo) is reasonably necessary for your permitted use of the Program) without Our prior written consent. If any provision of this Agreement is held invalid or unenforceable, such provision shall, to that extent, be deemed omitted, and the balance of this Agreement will be enforceable in accordance with its own terms. These Terms are governed by the laws of Tennessee without regard to principles of conflicts of laws, and the state and federal courts sitting in Nashville, Tennessee shall have proper and exclusive jurisdiction and venue over any disputes arising from or relating to these Terms or any Program.