Terms of Use | Elective Medical Marketing

This site is owned and operated by Elective Medical Marketing (EMM). These terms of use apply to and govern your, and any authorized user of your account, use of this site, including all services provided therein. Your use of this site signifies your agreement to be bound by these terms. If you do not agree to be bound by these terms, do not access or otherwise use this site. EMM reserves the right, at its sole discretion, to change, modify, add or remove any portion of this site or these terms of use, in whole or in part, at any time. Changes to these terms of use will be effective when posted. You agree to review these terms of use periodically to be aware of any changes. Your continued use of this site after any changes to these terms of use are posted will be considered acceptance of those changes.

EMM grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon for your personal use only, provided that you comply fully with these terms of use. EMM reserves the right to monitor content on the site and to remove content which EMM, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these terms. In order to maintain an informative and valuable service that meets the needs of the users of the site and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:

• Unless you are participating in an area of the site that requires or encourages anonymity, use your real name in online communications.
• You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which may be deemed indecent, obscene or pornographic.
• You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
• You may not interfere with other users use of the site.
• You may not post or transmit any file which contains viruses, worms, “Trojan horses” or any other contaminating or destructive features.
• You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the site’s intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, EMM reserves the right to take such action as it deems appropriate in cases where the site is used to disseminate statements which are deeply and widely offensive and/or harmful.
• You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the site for goods or services except in those areas (e.g., a classified bulletin board), if any, that are designated for such purpose.
• You may not use the facilities and capabilities of the service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
• You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the site in any manner not allowed for herein.

EMM controls the operation of this site from its headquarters in Boulder, Colorado, in the United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.

COPYRIGHT AND LICENSES

The entire contents of the site are copyrighted by EMM under international copyright laws. (See COPYRIGHT INFORMATION below). You may print and download portions of material from the different areas of the site solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the site solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of EMM (see USE OF EMM MATERIAL below). You agree not to change or delete any proprietary notices from materials downloaded from the site.

USER SUBMISSIONS

Any material, information or other communication you transmit or post to this site will be considered non-confidential and non-proprietary communications. EMM shall have no obligations with respect to the communications. EMM and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of your submission, as provided herein. EMM is under no obligation to post or use any submission you may provide and EMM may remove any submission at any time in its sole discretion.

DISCLAIMER

You understand that EMM cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the site and the Internet. EMM does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, any merchandise, information or service provided through the site or on the Internet generally, and EMM shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. EMM does not warrant that the site will be uninterrupted or error-free or that defects in the site will be corrected. The site and any software made available on the site are provided on an “as is, as available” basis.

The documents and related graphics published on this site may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. EMM may make improvements and changes in the product(s) or the program(s) described herein at any time.

Some links on this site may let you leave EMM’s site. The linked sites are not under the control of EMM and EMM is not responsible for the contents of the linked site, any linked site contained in a link site, or any changes or updates to such sites. EMM provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by EMM of the site. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. EMM has no control over and accepts no responsibility whatsoever for such materials.

LIMITED LIABILITY

Under no circumstances, including, but not limited to, negligence, shall EMM be liable for any indirect, special, exemplary, or consequential damages that result from the use of, or the inability to use, the site, the site materials, or the software, even if EMM has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or exemplary, incidental, or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall EMM’s total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, EMM’s liability is limited to the greatest extent permitted by law.

Any software that is made available to download from this server (”Software”) is the copyrighted work of EMM and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software (”License Agreement”). The Software is made available for downloading solely for use by end users in accordance with the License Agreement. Any copying or reproduction or redistribution of the Software not in accordance with this License Agreement is expressly prohibited. The Software and other technology products are warranted, if at all, only according to the terms of the License Agreement. Except as warranted in the License Agreement, EMM and its affiliates hereby disclaim all warranties and conditions with regard to the Software and other technology products, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Any Software downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities (”U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Some Software from this site may be subject to export or re-export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has places an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the U.S. Treasury Department’s Specially Designated Nationals list, or (c) the U.S. Commerce Department’s Table of Denial Orders. If you download or use the Software, you represent that and warrant that you are not located in, or under the control of or a national of any such country or on any such list.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

You agree to indemnify, defend and hold harmless EMM, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. The provisions of these Terms of Use are for the benefit of EMM and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

INDEMNIFICATION

TERMINATION

You understand and agree that EMM may, in its sole discretion and at any time, terminate your password, Account or use of any forum, and discard and remove any content posted or submitted by you to any forum, for any reason. EMM may also, at its sole discretion and at any time, discontinue any forum or limit or restrict any users access thereto, for any reason. You understand and agree that EMM may take any one or more of these actions without prior notice to you. Should EMM take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your Registration Information and submitted content. You understand and agree that EMM shall not have any liability to you or any other person for any termination of your access to any forum and/or the removal of information concerning your account.

These terms of use shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Boulder, Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

MISCELLANEOUS

COPYRIGHT INFORMATION

Registered and/or pending trademarks of EMM in the United States and foreign countries are used throughout this site. Use of the trademark symbols “®” or “™” is limited to one or two prominent trademark usages for each mark per page. In addition, the entire content of this website is copyrighted by EMM. Use of these trademarks and of the content on this website is prohibited unless otherwise authorized in writing by EMM.

EMM encourages individuals and organizations to share their impressions of EMM materials; in fact, we maintain that sharing is one of the best methods to internalize EMM content. However, our organization has the stewardship of providing professional training and disseminating EMM material. In doing so, it is essential for us to maintain the integrity of our material and ensure that there is accurate and appropriate representation and presentation of our materials. EMM actively pursues unauthorized use of its materials to the extent known by EMM.