Terms of Service
INTERNATIONAL GUIDELINES CENTRALUser License & Terms of Service Agreement
This End User License Agreement (the "Agreement") is an agreement between you and International Guidelines Center, hereinafter “IGC”, for access to and use of “GuidelineCentral.com and the electronic version of the “Guideline Library” of Clinical Practice Guidelines Summaries, which, together with any updates, are referred to collectively as the “Guideline Summaries”, which are provided to you on the GC website (Guidelincentral.com or the “website"), through which you have accessed this document.
BY CLICKING ON THE "I AGREE" BUTTON BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, DO NOT VIEW, ACCESS, OR USE THE INORMATION and/or DOCUMENTS AND LEAVE THIS SITE IMMEDIATELY.
DEFINITIONS:
IGC™ is a “trusted source” publisher of high quality clinical decision-support products. Its core product, GUIDELINES Pocketcards™ are licensed from and endorsed by many of the world’s leading medical associations. IGC also specializes in providing guideline outreach and dissemination services for its medical association partners, effectively driving guideline message outreach to medical specialty association members, allied caregivers, public and private healthcare organizations, payers, and healthcare professionals.
Guidelines Library shall mean the Clinical Practice Guidelines Summaries.
Guideline Summaries are a statement of consensus of the authors regarding their views of currently accepted approaches to treatment.
Quick-Reference Tools: IGC provides, as a service to users, an online storefront offering quick-reference products from IGC’s portfolio of society-endorsed quick-reference decision-support tools, as well as other internationally recognized medical reference publishers.
“Insubstantial Portions” means a quantity of data that would not reasonably substitute for a comprehensive copy of a Guideline and would not prejudice or diminish IGC’s advantage in licensing the material for commercial gain.
The Guideline Summaries are peer reviewed statements of consensus of their authors derived from the literature for the conditions the Guideline Summaries address. A Guideline Summary is not an order.
1. NO UNLAWFUL OR PROHIBITED USE: You agree to not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices, in any manner that could damage, disable, overburden, or impair the site or any of its services or interfere with any other party's use and enjoyment of the Site or use and enjoyment of third party's intellectual property rights. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through any means.
2. GRANT OF LICENSE: International Guideline Center™ hereby grants to you a non-transferable, non-exclusive, limited license to access and read the Guideline Summaries, subject to the individual copyright restrictions of the authoring organizations and the terms set forth in this License Agreement.
3. PROPRIETARY RIGHTS: Guideline Summaries: You acknowledge that IGC™ is not the owner of the Guideline Summaries, and you are subject to the individual copyright restrictions of the authoring organizations, including without limitation, all copyrights, trademarks, goodwill, derivative works, and other intellectual property and proprietary rights related thereto. Except for the limited rights expressly enumerated herein, you are not granted any rights relating to copyrights, trade names, trademarks (whether registered or unregistered) or any other rights, franchises or licenses with respect to the Guidelines Summaries. You hereby agree that you shall not at any time dispute, challenge, or contest, directly or indirectly, individually or collectively, the authoring organizations’ right, title and interest in and to the Guideline Summaries or the related original full text guidelines copyrighted by the authoring organizations; and will not assist or aid others to do so. All other content on this website belongs to IGC™ unless otherwise stated. You hereby agree that you shall not at any time dispute, challenge, or contest, directly or indirectly, IGC’s right, title and interest in and to the website content and information, or assist or aid others to do so. You may not copy, transfer, reproduce, or create derivative works from, any part of the material for any reason. You may make and retain file copies of “Insubstantial Portions” of the material solely for your internal purposes. Notwithstanding the foregoing, you may include Insubstantial Portions of our material in materials prepared in the ordinary course of your business for re-distribution in connection with the delivery of your principal services. Any such materials shall cite IGC™ as the source and provide notice of IGC's copyrights and other proprietary rights, as follows: © International Guidelines Center, Inc. 2008. You must make a written request, with examples, for permission to use IGC’s material and receive our written agreement that your use is acceptable prior to any distribution or use (Permission). Failure to obtain such permission will be considered a breach of this agreement and result in an actionable cause. You agree to immediately cease any such re-distribution on receipt of notice from IGC™ that, in IGC's reasonable judgment, such re-distribution involves more than an Insubstantial Portion of the material or is otherwise in violation of this Agreement.
4. LIMITED WARRANTY; DISCLAIMERS; LIMITATION OF DAMAGES.
a. The Guideline Summaries are a statement of consensus of the authors regarding their views of currently accepted approaches to treatment. Any clinician seeking to apply or consult the Guideline Summaries is expected to use independent medical judgment in the context of individual clinical circumstances to determine any patient’s care or treatment. IGC makes no representations or warranties and explicitly disclaims the appropriateness or applicability of the Guideline Summaries to any specific patient’s care or treatment. The information provided is not exhaustive and does not necessarily represent all possible methods of care or treatment available or options described. All appropriate drugs or biologics for the treatment of a condition are not necessarily included herein. The Guideline Summaries are updated at the discretion of IGC.
b. ALL MATERIAL IS PROVIDED AS IS. NO WARRANTIES OF ANY SORT ARE PROVIDED, INCLUDING THE CURRENCY, APPROPRIATENESS, APPLICABILITY, COMPLETENESS, USE OR POSSIBLE RESULTS AS TO THE INFORMATION HEREIN OR ACCESS TO THE INFORMATION. IGC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL IGC OR ITS MEMBERS BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, THE LICENSE PROVIDED HEREIN TO THE NFORMATION FOUND ON THIS SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF LIFE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, OR OTHER LOSSES SUSTAINED AS A RESULT OF INJURY TO ANY PERSON, OR LOSS OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF IGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IN THE EVENT OF THE FINDING OF DAMAGES, THE TOTAL LIABILITY OF FOR ANY DAMAGES OF ANY SORT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE REPLACEMENT OF A GUIDELINE SUMMARY, WHICH THE PARTIES ACCEPT AS LIQUIDATED DAMAGES.
5. TRADEMARKS: IGC™ and the INTERNATIONAL GUIDELINES CENTER™ are trademarks of the International Guidelines Center, Inc. and nothing in this Agreement shall constitute a license with respect to such trademarks. You shall not use the Marks or any confusingly similar Marks for any purpose, including, without limitation, for purposes of marketing or promoting your services, without the prior written approval of IGC™, which approval may be withheld at IGC’s sole discretion.
6. CHOICE OF LAW AND DISCLAIMER: Jurisdiction and venue for any and all actions shall be exclusively in Baltimore, Maryland, USA and you hereby specifically waive any objections pertaining to personal jurisdiction or venue in any actions between you and Company. You further agree that if there is a law suit between us that you will be responsible for all of our attorney’s fees and other associated costs unless you can show that we wronged you and we did so intentionally. IGC is not responsible for negligent or even grossly negligent acts by our employees. All cases filed must be in the Court with subject matter jurisdiction physically closest to Baltimore, Maryland, USA.
7. TERMINATION: IGC may, in its sole discretion and for any reason, with or without notice, for cause or without cause, may terminate your access to the Site and Services. You specifically accept this termination clause and waive any right to object to it in any dispute. You will note further down in this TOS that disputes shall go to arbitration.
8. NOTIFICATIONS: You agree to notify us of any known or suspected wrongful acts or violations of this agreement and failure to do so shall be deemed a breach of this agreement. If you wish to notify us of any legal matters the following legal representatives contact information who is also the DMCA notice receiver is:
Stevan Leiberman
2141 Wisconsin Ave. NW, Suite C-2
Washington, DC 20007
USA
Tel: (888) 275-2757
9. DISCLOSURES: We reserve the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in our sole discretion.
10. SERVICE PROVIDER: IGC is a service provider and as such will follow the terms of the Digital Millennium Copyright Act (DMCA) WHENEVER (including, but not limited to: copyright claims, trademark claims, patent claims, unjust enrichment claims, breach of contract claims, trade secret claims, etc) a third party makes a claim of infringement. You, User, hereby specifically agree to these terms and agree that: We are not liable for any losses of any sort for our complying with these terms.
11. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect.
12. WAIVER: No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
13. ENTIRE AGREEMENT: This Agreement is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter.
14. SUCCESSORS AND ASSIGNS: Except as otherwise expressly provided in these Terms of Service, these Terms of Service shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties to these Terms of Service.
15. FORCE MAJEURE: If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, government regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused.
16. SEVERABILITY: If a court or an arbitrator of competent jurisdiction holds any provision of these Terms of Service to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable in such jurisdiction, it shall, as to such jurisdiction, be so narrowly drawn, without invalidating the remaining provisions of these Terms of Service or affecting the validity or enforceability of such provision in any other jurisdiction.
17. INDEMNIFICATION User shall indemnify, defend, and hold us harmless from and against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by us ("Losses"), known or unknown, contingent or otherwise, directly or indirectly arising from User's breach of any term or provision of these Terms of Service or any way related to User's use of the information found on this site.
18. ATTORNEY’S FEES: If IGC prevails in any action, suit, or proceeding arising from or based upon these Terms of Service, IGC shall be entitled to recover from User reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.
19. HEADINGS: The headings in these Terms of Service are included for convenience only and shall neither affect the construction or interpretation of any provision in these Terms of Service nor affect any of the rights or obligations of the parties these Terms of Service.