Terms & Conditions
WorldWideMed, LLC ("Company"/"us"/"we") provides a service called "CaseSpace" through our website and applications for internet-connected devices (the "Service"). The Service is intended for the sharing of clinical images and professional commentary on those images. Neither the Service nor the materials shared on the Service constitutes medical advice.
2. Use License
Company grants permission to you, if you are a "Registered User" (as defined below), to use the Service. This permission is for use of the Service for informational purposes only. This is the grant of a license, not a transfer of title, and under this license you may not (a) modify or copy any of the materials comprising the Service, or displayed or delivered via the Service; (b) use such materials for any commercial purpose, or for any public display (commercial or non-commercial); (c) attempt to decompile or reverse engineer any software contained on Company’s Service; (d) remove any copyright or other proprietary notations from such materials; or (e) transfer such materials to another person or "mirror" the materials on any other server. We also grant you a limited and non-transferable license to download and install the application in order to use the Service on your mobile device(s); this may be limited by additional terms of service required by the third-party vendor (e.g., Apple iTunes, Google Play, etc.)
This license may be terminated by Company at any time.
This license shall automatically terminate if you violate any of these restrictions.
Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
"Registered User" and "you" means a person who (or that) completes the Service registration process, via the Service, by providing all information required by Company (e.g., full name, email address and other verification details), agreeing to update information if it becomes out of date, inaccurate or incomplete. By completing the Service registration process, you hereby authorize Company to verify your registration information, and to deny or revoke your registration, and thereby your ability to access or use the Service, if Company determines in its sole discretion that you are not eligible to be a Registered User. Eligibility to become a Registered User is limited to practitioners or currently training fellows of neurointerventional surgery, attending neurologists, radiologists and neurosurgeons who are engaged in the treatment and diagnosis of cerebrovascular disease.
Neither the Service nor any of the materials on Company’s Service nor any use thereof constitute a medical or other professional opinion or advice or consult or establishment of a physician-patient relationship and may not be relied upon as such. The Service is primarily an educational service and is not intended to be used for diagnosis, treatment planning, or other medical or health care use, and you acknowledge that any use not intended by Company may constitute a violation of professional practice standards and/or laws. The materials on Company’s Service are provided on an 'as is' basis. Company makes no warranties, express or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Service or the materials available via the Service or otherwise relating to such materials or on any resources linked to from the Service. Any reliance on the Service or the materials thereon is at your own risk.
4. Materials you post
You agree, warrant and represent that
(a) you will not post on the Service any individually identifiable health information, or information that could indirectly identify a patient (patient name, patient hometown, etc.), unless (i) a case fully satisfies one of the narrow exceptions set forth below and (ii) you identify the exception and satisfy all applicable requirements, and
(b) you have obtained patient consent to posting of any anonymized materials or information relating to an individual patient.
For example, images must not include any patient identifying information in text, image, labeling or metadata. You warrant and represent that you own or have all necessary rights to post the materials you post to the Service, that you have all rights, licenses, consents, etc., necessary to permit Company to store and display such materials via the Service, and that posting and maintaining such materials on the Service will not infringe on any third party’s intellectual property, privacy or publicity right, or violate any applicable law or regulation, including without limitation HIPAA and other privacy laws.
If you have not obtained patient consent in the manner generally required for the use of the Service, you have indicated one of the three acceptable reasons for the lack of such consent in the process of posting the case.
5. Communications Decency Act
You must be respectful when communicating with others through the Service. Company shall have no liability for any content posted on the Service by a Registered User. We may, but shall have no obligation to, monitor or review anything posted by a Registered User on the Service. We may delete any content we may determine to be defamatory, but we are not required to, and reserve all defenses with respect to such Registered User content made available by applicable law, including without limitation Section 230 of the Communications Decency Act and the First Amendment of the U.S. Constitution.
6. Ownership of Content
By submitting content on the Service, you authorize Company (but Company is not obligated) to act as your agent to issue (in our discretion) take-down notices under the Digital Millennium Copyright Act (the "DMCA") and/or any other similar legislation that allows the submission of requests to Internet Service Providers for the purpose of removing infringing or allegedly infringing materials.
7. Accuracy of materials
The materials appearing on the Service may include clinical, technical, typographical, photographic or other errors. Company does not warrant that any of the materials on the Service are accurate, complete or current. Company may make changes to the materials on the Service at any time without notice. However, Company does not make any commitment to update the materials.
Company has not reviewed all of the resources linked to from the Service and is not responsible for the contents of any such linked resource. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked resource is at your own risk.
9. Consent to communications
Company does not currently charge any fees for use of the Service. Company will notify you of any fee prior to its effective date. If you choose not to pay the fee then Company may terminate your access to the Service when the fee takes effect.
11. Your use of the Service
You agree to defend, indemnify, and hold Company, its officers, directors, employees and agents, harmless from and against any and all claims, liabilities, losses, and expenses, including, without limitation, reasonable legal fees and costs, arising out of or in any way connected with your access to or use of the Service, the materials shared thereon, or your violation of these Terms.
12. Limitation of our liability
In no event shall Company or its officers, directors, employees, agents or suppliers be liable for any damages (including, without limitation, professional liability, personal injury, emotional distress, damages for loss of data or profit, or due to business interruption, or other claims of any kind) arising out of the use or inability to use the Service or the materials thereon, even if Company or Company’s authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In no event will our liability to you related to the Terms or the Service exceed one hundred dollars ($100).
Company may revise these terms of service for the Service at any time without notice. By using the Service you are agreeing to be bound by the then current version of these terms of service.
14. Dispute resolution
You and we (the "Parties") hereby agree to submit any dispute hereunder to arbitration in accordance with the American Health Lawyers Association Alternative Dispute Resolution Service Rules of Procedure for Arbitration, before a single arbitrator. Arbitration shall take place in Chattanooga Tennessee. Judgment on the arbitrator's award may be entered in any court having jurisdiction. All fees and expenses of the arbitration shall be initially borne equally by the Parties. The prevailing Party at such arbitration shall be entitled to recover reasonable attorneys' fees and costs and the cost of arbitration. Notwithstanding the foregoing, in limited circumstances either Party may seek injunctive relief in case of a time-sensitive matter not susceptible of resolution as described above.
15. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the State of Tennessee.
These Terms, and the policies referred to herein, as updated from time to time by Company, constitute the entire agreement between you and us.
All trademarks, logos, trade names, service marks, and the like of Company are trademarks or registered trademarks of Company. Any other such marks or names are the property of their respective owners.
These Terms are assignable by us, but not by you (unless you have our prior written consent).
No failure by Company of its right to enforce any right or any part of these Terms shall constitute a waiver of its right to do so in the future. No waiver shall be effective unless in writing, signed by a duly authorized representative of Company. Company’s remedies set forth herein are cumulative. The provisions of these Terms are severable. If for any reason a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
We may provide notice to you at the email address provided for registration or via the Service.
17. Contact us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
Revised: July 23, 2019