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CLIPP Site User Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THEM OR USING THIS SITE. By clicking on "I ACCEPT" or otherwise using this site, you agree to become bound by the terms of this CLIPP Site User Terms and Conditions (this "Terms and Conditions"). If you do not agree to these terms, do click "I DECLINE" or simply hit the return key.

This site (the "CLIPP Site" or the "Site") is owned and operated by The Institute for Innovative Technology In Medical Education, a non-profit corporation with limited liability under the laws of the State of New Hampshire ("iInTIME"). iInTIME owns and operates the Computer-Assisted Learning In Pediatrics Program ("CLIPP"), a series of 31 Web-based pediatric virtual patient cases designed to comprehensively teach the core third-year pediatrics curriculum published by the Council on Medical Student Education in Pediatrics that is being made available over this site.

1. LICENSE

iInTIME, Inc. ("iInTIME"), in consideration of payment of the applicable subscription fee and acceptance of these Terms and Conditions, grants you a non-exclusive, non-transferable license and right during the applicable subscription period (as defined further below, the "Subscription Period") to use and access the CLIPP Site and, subject to the limits below, the contents thereof, such as text, graphics, images, information, software and other material contained thereon ("Content") in accordance with the applicable subscription terms:

The Subscription Period of an Individual Subscriber will vary according to the payment made by the Individual Subscriber, but is ordinarily one year from the date payment is received. The Subscription Period of a Subscribing Institution will depend upon the agreement between the Subscribing Institution and iInTIME.

The Site and the Content, including without limitation all copyrights and other intellectual property rights therein, are the sole and exclusive property of iInTIME or its suppliers and licensors. By indicating that you accept these terms, you do not become the owner of the Site or the Content, but are entitled to use them according to the terms of these Terms and Conditions. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of such Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of iInTIME. All rights not expressly granted herein are reserved to iInTIME and its licensors.

During the relevant Subscription Period, you may use, view, download a single copy of the material made available over the CLIPP Site or print materials made available over the CLIPP Site for your own non-commercial personal, educational, clinical or research use or, if you are a faculty member employed by an Institutional Subscriber, in connection with your duties teaching healthcare professionals for that Subscriber, provided as follows:

1. any printed or downloaded materials include a source reference to all copyright and other proprietary rights notices that are contained in the Content;
2. you do not print more copies of any of the materials than you may reasonably for your permitted uses during the Subscription Period.

Notwithstanding the above, you understand and agree that the CLIPP Site contains certain areas ("Restricted Areas") and Content ("Restricted Content"), including software, to which access is limited either to iInTIME and its agents or to certain special categories of users and subscribers. Special rules for use of these areas and this Content may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. You will not use or access Restricted Areas or use, download, view or print Restricted Content unless otherwise specifically authorized by iInTIME.

Except as expressly permitted in these Terms and Conditions, any copying, distribution or modification of the Site or the Content is strictly prohibited. No part of the Site or the Content may be copied for resale or other commercial use, or posted on any public bulletin boards, Web sites, Internet domains, or online chat rooms. No part of the Site or the Content may be reverse engineered or included in other software. iInTIME reserves the right to electronically monitor compliance with these Terms and Conditions, and reserves the right in its sole discretion to change and or cancel an individual's username and password or to disable an IP address without notice in the event of multiple concurrent logins, excessive search quantities or excessive download traffic volumes.
In no event shall you:

1. Use the Site for any purpose in violation of local, state, national, or international laws;
2. Remove copyright notices on any Content downloaded from the CLIPP Site;
3. Post or upload material to the Site that infringes on the intellectual property rights of others or on the privacy or publicity rights of others or that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
4. Post or upload any spam, advertisements, solicitations of business, chain letters or pyramid schemes;
5. Impersonate or log in as any other person;
6. Allow any other person or entity to use your password or identification for using, viewing or uploading material to the Site;
7. Distribute or upload viruses, worms, Trojan horses, spy ware or other harmful or disabling computer code to or through the Site; or
8. Bypass or attempt to bypass or disable any security features of the Site, including, without limitation, those controlling downloading and printing material or Content from the Site.

Undertaking any of the preceding actions shall constitute a material breach of these Terms and Conditions and iInTIME shall have the right to immediately terminate the license granted to you herein and your use of the Site.

You have obtained the right to use and access the Site and the Content for a specific limited period of time, i.e., the subscription period for which you or your Institutional Subscriber have or has agreed to pay subscription fees. At the end of this period, your license and your associated rights, such as technical support, will expire automatically, unless you or your Institutional Subscriber have or has renewed your subscription on iInTIME's then-current terms. Your license to use the Site and the Content will also terminate if: (i) you fail to comply with any term or condition in these Terms and Conditions; (ii) if you are an Authorized User that ceases to be affiliated with your Institutional Subscriber; or (iii) you cease to be a health care professional or a student in a health care field as represented in Section 11 below.

CLIPP and the materials on the CLIPP Site are provided for educational purposes only. All CLIPP cases are fictitious examples created for teaching purposes. CLIPP is not intended for use in actual clinical decision-making, and in no case should be substituted for the advice of a qualified health care professional. Treatment portrayed as correct in a CLIPP case may not be the correct treatment for a similar patient. While we make every attempt to keep the content of CLIPP current, the cases cannot always reflect every change or nuance in medical practice.

The use of the CLIPP Site and the Content is at your own risk.

NEITHER iInTIME NOR ANY OTHER PARTY MAKES ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE SITE AND THE LICENSED MATERIALS.

IN NO EVENT WILL iInTIME OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE SITE OR THE CONTENT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF DATA OR PROFITS, OR DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH, RESULTING FROM OR CONNECTED WITH ANY USE, MISUSE OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF iInTIME OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL iInTIME OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE SUBSCRIPTION FEE PAID BY YOU OR FOR YOU BY YOUR INSTITUTIONAL SUBSCRIBER FOR ACCESS TO AND USE OF THE SITE AND THE CONTENT.

Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Some jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law. You may also have other rights which vary from jurisdiction to jurisdiction. You agree that these Terms and Conditions shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.

This Site and the content thereon may only be used by individuals over the age of 18 and involved in the studying, teaching or practice of medicine or another health care field, as further defined below. You represent and warrant to iInTIME that you are over 18 years old and you are either: (i) a student, resident physician or faculty member at a health sciences education institution (Medical, Nursing, Dental or other) or (ii) a practicing physician, nurse or dentist. In addition, you agree to notify iInTIME within sixty (60) days if, for any reason, your status changes so that you no longer fall into one of the above-described categories. In such case, your right to access the CLIPP Site or use the content thereon shall terminate.

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.

The personal information you submit to iInTIME is governed by the iInTIME Privacy Policy. In accepting these Terms and Conditions, you are accepting the terms and conditions of the iInTIME Privacy Policy. Please review it carefully prior to accepting the Terms and Conditions. In particular, please be aware that, if you are an Authorized User of an Institutional Subscriber (and not an Individual Subscriber), the Privacy Policy permits iInTIME to share information about your personal usage of the Site with your institution. To the extent there is an inconsistency between these Terms and Conditions and the iInTIME Privacy Policy, these Terms and Conditions shall govern.

By submitting communications or content to the Site, you agree that such submission is non-confidential for all purposes. If you make any submission to the Site, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-iInTIME a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. iInTIME may sublicense its rights through multiple tiers of sublicenses.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your iInTIME password or account and to promptly inform iInTIME of any need to deactivate a password. You grant iInTIME and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site.

iInTIME may provide links to third-party Web sites. iInTIME does not endorse the content on any third-party Web sites and is not responsible for the content of linked-to third-party sites.

You agree to defend, indemnify, and hold iInTIME, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

If any provision of these Terms and Conditions is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. iInTIME's waiver of any right shall not constitute a waiver of that or any other right in the future.

iInTIME reserves the right to modify these Terms and Conditions or its Privacy Policy at any time. Any modifications shall be posted on the Site and continued use after such posting shall constitute acceptance of the modification or modifications. Notwithstanding the above, these Terms and Conditions may be modified only in writing authorized by iInTIME.

You expressly agree that exclusive jurisdiction for any dispute with iInTIME, or in any way relating to your use of the CLIPP Site, resides in the courts of the State of New Hampshire and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Hampshire in connection with any such dispute including any claim involving iInTIME or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions, along with the iInTIME Privacy Policy, and the Health Professional Status Representation constitute the entire agreement between you and iInTIME with respect to the use of the CLIPP Site and the Content.

Other questions or comments regarding the CLIPP Site, including any reports of non-functioning links, should be to clippsupport@i-InTIME.org. We try to answer every email in a timely manner but are not always able to do so.

Should you have any questions regarding these Terms and Conditions, you may contact iInTIME at the email address or telephone numbers set forth below.