Terms and Conditions
Your access to and use of the ModernMedicine web site (the "Web Site") is subject to the provisions contained in these terms and conditions. By accessing or using this Web Site, you agree to all of these terms and conditions and enter into a legally binding agreement with Advanstar Communications Inc. ("Advanstar") to abide by the provisions of these terms and conditions as described herein. Advanstar reserves the right to modify these terms and conditions by posting such modifications to this Web Site. Your continued access to or use of this Web Site after such posting will signify your agreement to such modifications, if any. We have a corporate site where you can read more about our company, obtain investor information, and find out how to contact us atwww.advanstar.com.
Throughout these terms and conditions, Advanstar and this Web Site are sometimes referred to herein as "we," "us," "our". "References herein to "you" and "your" and the rest of the second-person nouns refer to users of the Website.
USE OF THIS WEB SITE
Content and Other Information: All of the content and information displayed or accessible on this Web Site, including without limitation the educational materials, scientific content, graphic designs, video, audio, photographic or literary content (collectively, "Information"), is owned by Advanstar, its business associates, or other third parties. This Information is provided to you solely for your personal use. You may not access or use this Information for commercial, competitive, or any other purposes. You may not modify, republish, post, transmit or distribute any Information without the express written consent of Advanstar. You may copy this information only to the extent necessary for your personal use. Advanstar expressly retains all right, title and interest in and to any proprietary Information. Failure to adhere to these provisions could subject you to serious penalties under federal copyright law.
Password and Security: You are solely responsible for maintaining the confidentiality of any user name and password you use to access the Modern Medicine Web Site and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify Advanstar of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Advanstar cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Links to Other Web Sites: The Web Site may provide links to the web sites or services of other third party web sites ("Third-Part Sites"). Links from our Web Site to such Third-Party Sites do not constitute an endorsement by Advanstar of such Third-Party Sites, or the products, content, materials or information presented or made available by such sites. You acknowledge and agree that Advanstar is not responsible for any damages or losses of you or any other person caused or alleged to have been caused by your use of any Third-Party Sites, or from the products, content, material or information presented by or available through those sites.
Disclosure of Affiliations: Advanstar works with a variety of third parties to provide the Services available on this Web Site, and to provide links to Third-Party Sites. These third parties include, for example, accrediting bodies, content providers, technology providers, and suppliers of medical products, information and services. These entities may supply information for posting on or access through this Web Site, and, solely in the case of accrediting bodies, may set standards applicable to certain content, but they do not control the content or the operation of this Web Site.
Introduction: Advanstar is concerned about your privacy. We want you to understand what personal and personally identifiable information ("personal information") we collect about you, and how we use your personal information. The nature of the Services that we provide through our Web Site requires that we collect and use personal information about you as more fully described below. Some of your personal information may be disclosed to third parties (for example, accrediting bodies) in order to provide the Information and services that you request, and may be used by both Advanstar and third parties to provide that Information and/or perform those Services. In addition, Advanstar and third parties may use your personal information to offer you additional information, products or services that match your areas of interest.
How we use personal information: We use the personal information you provide through the registration process: to provide you with the Information and services you request; to communicate with you on matters relating to the Web Site and your account; to provide necessary information to the accrediting bodies and other of our affiliates in connection with the Information and Services you request from us; and to provide you with information about related services and/or products. You may choose to disclose or not disclose the personal information we request during the registration process. However, if you choose not to disclose the requested information, we may not be able to provide you with some or all of the Information or services you request.
We share your personal information with Advanstar's affiliates and partners and third parties licensed to access your personal information by any of the foregoing. We reserve the right to rent e-mail lists compiled from e-mail addresses gathered from this Web Site. We sometimes provide aggregated usage or tracking information collected from this website to third parties. We may also provide certain of your personal information to third parties that provide services to us in operating the Web Site or our businesses, such as account services, web hosting, software development and information processing. If you do not wish to receive certain communications from the Web Site, you have the ability to opt out by declining the service offered or informing us that you no longer wish to receive such communications. The opt-out feature and instructions for its use are available on the Web Site. We will comply with your request unless such communications are necessary for the administration of your account, required by law, or necessary to protect our rights.
Besides using information to provide our services, the Web Site uses information maintained about you, and other information obtained from your current and past activities to resolve disputes, troubleshoot problems and enforce our rights. At times, Advanstar may review the information of multiple users to identify problems or to resolve disputes.
Disclosing personal information: Advanstar uses commercially reasonable efforts to limit disclosures of your personal information. We may disclose your personal information to accrediting organizations and other third parties that we work with to the extent necessary to provide the Information and Services you request through Modern Medicine, and/or to provide you with related information, to communicate with you, and to provide you with information on other products and services in your areas of interest.
Technical and legal circumstances beyond our control could prevent Advanstar from ensuring that your information will never be disclosed in ways not otherwise described herein. For example, among other things, we may be required by law, regulation or court order to disclose personal information to government representatives or third parties under certain circumstances. If Advanstar is requested by law enforcement officials or judicial authorities to provide personal information, Advanstar may, without your consent, provide such personal information. In matters involving claims of personal or public safety or in litigation where the data is pertinent, Advanstar may use or disclose your personal information without your consent or court process. Unauthorized parties may unlawfully intercept or access transmissions despite any commercially reasonable security efforts by Advanstar. You acknowledge that despite the use of such technology, no website is 100% secure. Further, corporate restructuring, sale of assets, merger, divestiture and other changes of control or financial status affecting Advanstar may require disclosure as an incidental result of a transfer of assets by operation of law or otherwise, and the consummation of a sale, merger, bankruptcy or liquidation transaction involving Advanstar or certain of its affiliates or business divisions could require the sale, assignment or transfer of your personal information to a purchaser or Advanstar's successor in interest. Therefore, Advanstar and affiliates do not promise, and you should not expect, that your personal information shall remain private or under the sole control of Advanstar under all circumstances.
If you have any questions that are not answered elsewhere on this site, if you would like to review the personally identifiable information we have collected about you, or if you believe that this policy has been violated, pleasecontact us. Our response to such inquiries may be limited to information under our direct control.
Information on Children: As a business-to-business company, we do not knowingly collect information from children. On-line registration and web site usage is restricted to adults who are professionally engaged in the businesses we serve.
GENERAL TERMS AND CONDITIONS
Continuing Medical Education: When you register for a Continuing Medical Education ("CME") or a Continuing Education ("CE") activity through one of our Web sites, we collect certain personally identifiable information from you such as your name, email address and mailing address. If you are a nurse or a pharmacist and wish to receive CE credit, you are also required to provide the state in which you are licensed and your license number. In addition to personally identifiable information, we collect aggregated non-personally identifiable information about the activities undertaken by our users. We use the information that we collect through CME/CE activities in several ways:
cme2, an Advanstar medical education company, is accredited by the Accreditation Council for Continuing Medical Education ("ACCME") to provide continuing medical education for physicians. As an ACCME accredited entity, we are required periodically to submit aggregated data about CME participants and the CME activities we certify. We also provide personally identifiable information to other accredited CME/CE providers who certify CME/CE activities posted on our Web sites, as required by the ACCME and other accrediting bodies. These reports may include personally identifiable information about you and credits issued to you, for the purpose of maintaining records that you can request from the accredited provider for up to six (6) years;
Commercial supporters of CME/CE activities on our Web Site will receive only aggregated data about CME/CE activities that are relevant to their interests and/or the courses they support;
Our Editorial and Customer Support Staff will have internal access to files containing personally identifiable information, including evaluation forms and aggregated CME /CE participant information. These files can be accessed in order to respond to your questions or comments. Our staff may also use personally identifiable information, including registration information and evaluation data, in assessing educational needs and planning marketing activities. We may use the information we collect as otherwise permitted in these terms and conditions.
Third-party Accreditation: Advanstar and ModernMedicine.com are not responsible for ensuring the validity of any continuing education credits issued by third parties who distribute CME/CE programs through this Web Site; issuing notification of credits or certification; ensuring the sufficiency of credits for license renewal; ensuring program content is sufficient to earn continuing education credit; or ensuring the accuracy or completeness of personal transcripts.
No Medical Advice: This Web Site is not intended to provide, and disclaims any suggestion that it does provide, medical advice of any nature. The information made available through this Web Site should not be construed as medical advice by you or your patients and such information should not be used in place of seeking professional opinions by licensed practitioners. Only licensed medical professionals may offer medical advice, diagnosis and recommendations for treatment of medical conditions. Advanstar and its affiliates do not practice medicine or law, and do not offer any other professional advice or services. You assume full responsibility for appropriate use of the information available through this Web Site.
Disclaimer of Warranty: This Web Site and all services and Information made available on or through this Web Site are provided on an "as is", "where is" and "as available" basis. OTHER THAN AS EXPLICITLY SET FORTH IN THESE TERMS AND CONDITIONS, ADVANSTAR DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS TO THE FULLEST EXTENT THAT SUCH DISCLAIMERS ARE LEGALLY PERMISSIBLE, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, SUITABILITY, ACCURACY OR FREE FROM ERROR, CURRENCY TIMELINESS, SECURITY, EFFICACY, AVAILABILITY, RELIABILITY, COMPLETENESS OR NON-INTERRUPTION OR THAT DEFECTS WILL BE CORRECTED.
Any information downloaded or otherwise obtained through the use of this Web Site is done at your own discretion and risk. You shall be solely responsible for any damage or loss of data that results from the downloading or use of the information and for any results or lack of results from the use of such data.
Limitation of liability: Our liability regarding damages occurring from your use of the Web Site is limited and your use of the Web Site is at your own risk. In no event shall Advanstar or affiliates, or their shareholders, directors, officers, employees or agents, be liable for any claims or losses whatsoever of any kind, whether direct, indirect, special, incidental, consequential or punitive, and whether arising from an action in contract, tort, or otherwise, related to or in connection with this Web Site or any services or information made available on or through this Web Site, or your use thereof. Without limiting the generality of the foregoing, Advanstar and its affiliates shall not be liable for any claims or losses in connection with errors, omissions, or inaccuracies of informational content, or any decision made in reliance on the Information contained on or accessible through the Web Site, including without limitation personal injury or death.
Your sole remedy for any claims in connection with this Web Site is to discontinue using this Web Site and the related Information and services. The foregoing limitation shall apply and survive notwithstanding any failure of essential purpose of any remedy.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnification: You agree to indemnify, defend and hold harmless Advanstar and its affiliates from any and all claims or losses arising from your use of or reliance on this Web Site or any services or information made available on or through this Web Site.
Choice of Law: These terms and conditions and your use of the Web Site shall be governed by and interpreted in accordance with laws of the State of New York, without giving effect to any conflict of laws provisions. By using this Web site, you hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in the State of New York.
Severability: If any provision of these terms and conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effectuate the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.
Waiver: Our failure to exercise or enforce any right or provision of these terms and conditions will not constitute or be deemed a waiver of such right or provision.