IVUmed.org Terms of Use
1. Introduction
Welcome to IVUmed.org. This Site is provided by IVUmed, LLC, a registered non-profit entity founded in 1995. Please review the following rules that govern your use of the IVUmed.org site (the “Agreement”). Please note that your use of the IVUmed.org website (the “Site”) constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. If you register to obtain access to educational materials hosted by or available via IVUmed.org, you must also agree to additional terms within the End-User License Agreement. IVUmed reserves the right to update or modify the Terms of Use presented here at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Site.
2. Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use the public areas of this Site, but not the educational materials, and then only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are accepting full responsibility for his or her use of this Site. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All personal information provided via the Site must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. IVUmed reserves the right to terminate any person’s access to the Site for any reason.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are owned or licensed by IVUmed and are protected by U.S. and international copyright laws. You may access the Contents and other materials displayed on the Site for your personal use only, unless you have agreed to the End-User License Agreement to access the professional medical materials.
No right, title or interest in any material or Content is transferred to you as a result of your access to any part of the Site. You may not re-post, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software without prior written permission from IVUmed and, where applicable, the licensor. You agree to use the Site and any service at your sole risk and you assume all liability for such use.
3. Site Security
You agree not to violate or attempt to violate the security of the Site, including, without limitation, (a) accessing data not intended for your use by logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. IVUmed will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than whatever search engine or search agents may be made available from IVUmed on this Site and other than generally available third party web browsers.
4. Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrighted and may comprise trademarks, trade dress and/or other intellectual property owned, controlled or licensed by IVUmed. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of IVUmed and is also protected by U.S. and international copyright laws and other laws.
The IVUmed name and logo are the trademarks or service marks of IVUmed, a Utah registered non-profit corporation. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply IVUmed’s endorsement, sponsorship or recommendation of the third party, information, product or service. IVUmed is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
6. Indemnification
You agree to defend, indemnify and hold harmless IVUmed and its officers, directors, trustees, employees, representatives, and volunteers from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of or inability to use the Site or any breach of these Terms of Use.
7. Termination
These Terms of Use are effective unless and until terminated by either you or IVUmed. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. IVUmed also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site.
8. Disclaimer
THIS SITE IS PROVIDED BY IVUMED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IVUMED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IVUMED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, IVUMED DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE IVUMED WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL IVUMED OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE IVUMED.ORG WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF IVUMED HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL IVUMED BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
10. General
This Agreement and the End User License Agreement, when applicable, together represent the complete agreement between you and IVUmed and supersede all other agreements and representations between us. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of IVUmed to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit IVUmed’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed exclusively by Utah law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Site will be heard exclusively in the state or federal courts located in Salt Lake County, Utah, USA, and you consent to the personal jurisdiction of such courts.
12. Copyright Infringement
IVUmed fully respects the rights of copyright holders. However, the possibility exists that a user of IVUmed may post or make available copyrighted material belonging to someone else in a forum on the Site. Within such forums, IVUmed acts as an Internet Service Provider by providing the forum, but not initiating or controlling all of the content in the forum. We will promptly investigate notices of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), where applicable.
If you become aware of materials on the Site that you believe infringe the rights of another party, including within any forum or educational materials provided on the Site, we ask that you promptly notify IVUmed so that we may investigate.
If appropriate, you may send a formal notice to the copyright agent for IVUmed as provided in the Digital Millennium Copyright Act (see www.copyright.gov).
IVUmed.org’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent
IVUmed
3269 S. Main Street, Suite 230
Salt Lake City, Utah 84115
Phone: 801-524-0201
Fax: 801-524-0176
IVUmed.org Privacy Policy
1. Our Commitment to Your Privacy.
IVUmed is committed to respecting your privacy. Providing a secure environment in which you can participate in on-line activities is important to us. This Privacy Policy discloses our privacy practices and expresses our commitment to keeping you informed of the information we collect and how it is used. We may update this Privacy Policy from time to time to reflect new uses, rules, regulations or technologies that impact your privacy. We recommend that users review our Privacy Policy on a routine basis to view any changes. Please read it in its entirety. IF YOU DO NOT AGREE WITH OUR PRIVACY POLICY, THEN DO NOT USE THIS SITE.
2. What Personal Information We Collect.
As described in more detail below, IVUmed (“IVUmed.org” or “We”) collects personal information that you provide when using the IVUmed.org web site (“Site”). When you create an account to gain access to educational materials provided on the Site, you provide information that includes your first name, last name, and email address. If you choose to make a donation, you provide your name, various contact information, and method of payment information to a third party who processes payments for IVUmed. That third party provides your contact information—but not your billing information—to IVUmed.
3. How We Use Your Personal Information.
Information we collect on IVUmed.org may be used in the following ways:
- Respond to your requests for information
- Inform you of changes or updates to our services or to the educational content offered on the site
- Communicate with you regarding new developments, events, or other services that may be of interest to you based upon your past use of the IVUmed.org site
- Customize your browsing experience and your access to content
4. When and With Whom We Share Your Personal Information
We may share your personal information with other medical professionals or other organizations whose mission and goals related to improving healthcare are similar to those of IVUmed. Your information may also be shared with third party service providers that are contracted to assist with mailings, event planning, or other purposes related to the activities of IVUmed. In every case, we will treat your information with appropriate care and confidentiality. If you ever receive communications from us that you prefer not to receive, you should contact us at the address below.
Aside from the purposes described above, we do not intend to share your personal information with any other third parties unless we have your express permission or under special circumstances, such as when we believe in good faith that the disclosure is required to prevent harm or injury or to comply with valid legal processes (subpoenas, warrants) or as required by law. We may share aggregated demographic and statistical information with others, but such information is not linked to any personal information that can identify any individual person.
5. How You Can Control the Use of Your Personal Information
You can modify or delete your personal information anytime by accessing your account on the Site.
If you have a password that you use to access materials on the Site, do not share your password with anyone. Other than on this Site, IVUmed staff will never ask you for your password.
6. How We Protect the Security of Your Personal Information
The security of your personal information is very important to us. In our efforts to protect your online financial transactions when making a donation to IVUmed, we insist that our payment processing service providers use a technology called Secure Sockets Layer (SSL). If your browser is capable of SSL, your personal information will be automatically encrypted, or encoded, before it is sent over the Internet
7. Age Requirement.
IVUmed.org does not intentionally collect personal information about children under the age of 13. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by the IVUmed.org Terms of Use (and the End-User License Agreement, if applicable). Children under the age of 13 may not use this Site and parents or legal guardians may not agree to the IVUmed.org Terms of Use on their behalf. If you do not agree to (or cannot comply with) any of the IVUmed.org Terms of Use, you may not use this Site.
8. Cookies and Other Computer Information
When you visit IVUmed.org, the Site may create a “cookie” (a small text file) that will be stored on your computer’s hard drive. The purpose of this cookie is to identify you when you visit the Site so that we can enhance and customize your online experience.
You can choose to browse on IVUmed.org without cookies. Without using cookies, however, you may not be able to take advantage of certain features of the Site.
We also collect certain technical information from your computer each time you request a page during a visit to IVUmed.org. This information may include, among other things, your Internet Protocol (IP) address, your computer’s operating system, browser type and the address of a referring Web site, if any. We collect this information to enhance the quality of your experience during your visit to the Site and will not sell or rent this information to any third parties.
9. How You Can Decide What Marketing Communications You Receive From Us
IVUmed.org may from time to time send you email messages or other forms of marketing communications describing new features, content, or product offers. You can choose to stop receiving any marketing emails from us at any time by contacting us.
The only email messages you will receive from IVUmed.org when you elect not to receive marketing emails will be to answer any questions you have asked us. In addition, we may also need to send operational emails to inform you of any changes to our Site that might affect your personal information.
10. Changes to this Privacy Policy
This Privacy Policy was last updated on November 1, 2012. We reserve the right to change, modify or amend this policy at any time. Please check our Privacy Policy periodically for changes. Use of this IVUmed.org web site after modification of this Policy means that you accept this Privacy Policy as modified.