ACCELMED TERMS OF USE POLICY

Adopted: January 20, 2003

THESE TERMS OF USE APPLY TO ALL USE OF THE SITE: PLEASE READ CAREFULLY BEFORE USING THIS SITE

Your use of the ACCELMED Site, ACCELMED.ORG or (the "Site"), is subject to the ACCELMED Terms of Use ("Terms of Use") in effect when you use the site, and if you do not agree to and abide with these Terms of Use, you cannot use the Site. We and our officers, directors, parent(s), employees, agents, licensees, assigns, subsidiaries and related entities ("Company"), reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time. Please review the Terms of Use periodically for changes. The revised Terms of Use will be posted on the Site, together with the adoption date of the revision, and posting will constitute notice that the revised Terms of Use will be in effect from the posting date until and unless further revised. Your continued Use of the Site or Specialty Sites following the posting of the revised Terms of Use is subject to the revised terms. In addition, certain Company Uses may have additional guidelines or rules. When using these Company Uses, you shall be subject to any posted guidelines or rules applicable to such Uses in addition to these Terms of Use.

I. DESCRIPTION OF USE

Company currently provides users with access to medical education information (the "Use").

I. MEMBER CONDUCT

You understand that by using the Use, you may be exposed to Content that you may consider objectionable. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, or otherwise transmitted via the Use.

You bear all the risks associated with the use of or exposure to any Content. You acknowledge and agree that Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) enforce the Terms of Use; (b) respond to claims that any Content violates the rights of third-parties; or (c) protect the rights, property, or personal safety of Company, its users and the public.

III. MEMBER REGISTRATION

As a condition to using the Use, you may be required to register with Company and select a password and user name ("User ID"). Where required, you shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name you know or should know is the name of another person or a User ID used by another user of the Site nor any User ID selected with the intent to impersonate another; or (ii) use as a User ID a name subject to any rights of a person other than a person with appropriate authorization. Company reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. You shall be solely responsible for all information and instructions transmitted through the Site or the use of any Use using your password and User ID. All information and instructions communicated through these means will be considered to have been sent and authorized by you.

IV. LINKS TO THIRD-PARTY SITES

The Use may contain links, through affiliation, or otherwise, to other web sites ("Linked Sites"). The Linked Sites are not under the control of Company and Company is not responsible or liable for the communications or materials of any Linked Sites. Company is providing these links to you as a convenience and to advertisers and affiliates to promote their own sites or products, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators. You are responsible for adhering to the applicable terms of Use for any other Web site. You are strongly encouraged to evaluate any third-party sites, as you are solely responsible and liable for any interactions you may have with such sites, their sponsors and other third parties.

V. PRIVACY

Your personal information is subject to our Privacy Policy, which you should read in its entirety. The current version of the Privacy Policy is posted on the Site.

VI. THIRD-PARTY RIGHTS

If you believe that any of the material contained on the Site infringes or violates any copyrights, trademarks or other intellectual property rights owned by you or any other rights, please email us the specifics of your claim to info@ACCELMED.org. Please include an identification of the offending work(s), the location(s) of the work on the Site, a good faith believe as to why such work(s) infringe or violate your rights, and your name, address, telephone number, and email address. Please be advised that such complaints must contain accurate information, submitted under penalty of perjury by the owner or by a person authorized to act on behalf of the owner of the exclusive copyright allegedly infringed.

VII. TERMINATION

Company, in its sole discretion, may terminate your password, account (or any part thereof), use of the Use, or access to the Site, and remove and discard any Content within the Use, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Company may also in its sole discretion and at any time discontinue providing the Use, or any part thereof, with or without notice. Company shall not be liable to you or any third party for any termination of your access to the Use.

VIII. INDEMNITY

You agree to indemnify and hold harmless the Company and its officers, directors, parent(s), employees, agents, licensees, assigns, subsidiaries, affiliates, co-branders or other partners from any claim, cause of action, suit, or demand, including reasonable attorney's fees, based on your breach of the foregoing warranties or these Terms of Use.

IX. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

THE USE, INCLUDING ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE, PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ANY PORTION OF THE SITE OR THE USE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE USE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE USE IS DONE AT YOUR OWN DISCRETION AND RISK. SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

XII. LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, LOST PROFITS OR THE COST TO PROCURE SUBSTITUTE GOODS AND USES ARISING OUT OF THE USE OF THE SITE OR THE USE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.