Terms of Use

Last Updated: September 2009

Welcome to the web site CardioExchange. CardioExchange is owned and published by the Massachusetts Medical Society (“MMS”).

1. General. Access to and use of this web site (“CardioExchange”) is subject to the Terms of Use set forth herein. Any use of CardioExchange shall constitute acceptance of these Terms of Use.

2. Copyright Ownership and Permitted Use. Unless otherwise stated, the materials available at CardioExchange are the property of MMS and are protected under United States and international copyright laws and conventions. Copyrighted material may be used in accordance with copyright and other applicable laws for your personal, non-commercial use.

For information on obtaining permission to copy beyond that permitted by these Terms of Use, or United States copyright law, please refer to MMS copyright information.

3. Trademark Ownership. The New England Journal of Medicine (and logo design), Journal Watch (and logo design), and NEJM are trademarks of MMS. Any use of MMS trademarks in connection with the sale, offering for sale, distribution, or advertising of any goods or services, which is likely to cause confusion, to cause mistake, or to deceive, is strictly prohibited.

4. Web Site Integrity. Interfering with the operation of CardioExchange or circumventing the CardioExchange security system is strictly prohibited.

5. Modifications of Terms of Use. MMS reserves the right to modify the Terms of Use for CardioExchange at any time. Any such modification will be posted on CardioExchange and the continued use of CardioExchange after any such posting shall constitute acceptance of the Terms of Use as modified.

6. Web Site Modifications and Availability. MMS will make reasonable efforts to keep CardioExchange available twenty-four hours a day, seven days a week. However, owing to technical failures, routine maintenance, or other unforeseen circumstances, availability may be limited and MMS will not be responsible for the nonavailability of CardioExchange. MMS reserves the right to modify, suspend, discontinue, or restrict access to all or any part of CardioExchange at any time.

7. Disclaimer of Warranties and Liability. Materials published at CardioExchange are the result of research and/or contribution by independent individuals or organizations. MMS is not responsible for the accuracy or reliability of any data or conclusions reported in such materials. CardioExchange is intended for educational, research, and reference purposes only. Information available at CardioExchange should not be substituted for the advice or judgment of a qualified health care professional. Do not disregard or avoid professional medical advice or delay seeking it because of materials at CardioExchange.

CARDIOEXCHANGE IS PROVIDED “AS IS” ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN NO EVENT WILL MMS, ITS EMPLOYEES, OFFICERS, MEMBERS, AGENTS, OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM THE INABILITY TO USE, OR THE USE OF, CARDIOEXCHANGE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGES, OR ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CARDIOEXCHANGE.

8. User-Generated Content.

The following provisions apply to user-generated content submitted to CardioExchange. By submitting content to CardioExchange, you agree to the following provisions, which may be amended from time to time:

  1. You agree that you are fully responsible for the content that you submit. You agree that you will not submit any content that (i) is defamatory, obscene, or abusive, (ii) violates or infringes upon the proprietary, publicity, or privacy rights of any third party, (iii) violates or encourages the violation of any applicable local, state, national, or international law, rule, or regulation, or (iv) is otherwise inappropriate. You agree not to submit any personal information of another (including, without limitation, Protected Health Information). You will indemnify MMS, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the content you submit. You understand and agree that MMS is not responsible for content submitted by third parties.
  2. The editors of CardioExchange, in their sole discretion, reserve the right to reject, edit, remove, or otherwise alter any content submitted to CardioExchange for any reason. MMS reserves the right, in its sole discretion to revoke a user’s privilege to submit content to CardioExchange.
  3. You agree that by submitting content to CardioExchange, you hereby grant to MMS a royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, sublicense, modify, publicly perform, display, translate, create derivative works from, and distribute that material, in whole or in part, and incorporate it into other MMS publications, in any form, media, or technology now known or later developed. You authorize MMS to publish your name and location (city, state and/or country) in connection with any use of your submission to CardioExchange and in identifying yourself and location, you represent that you have done so accurately. Once your submission is posted, you will not have the right to have it removed or edited.
  4. You agree to submit content to CardioExchange only for non-commercial purposes.
  5. Submissions to the user-generated content portions of CardioExchange must be legible, comprehensible, and written in the English language.
  6. You agree that you have disclosed any relevant competing interests that, when broadly viewed, could be construed as a conflict of interest or the appearance thereof including, without limitation, financial or beneficial conflicts of interest, employment relationships, and affiliations with other entities or interests.

9. International Use. CardioExchange is controlled and operated within the United States of America. MMS makes no representation that the materials or services available at or through CardioExchange are appropriate or available for use outside of the United States. If you access CardioExchange from outside of the United States, you are responsible for compliance with all applicable laws, rules, and regulations.

10. Choice of Law and Forum. The use of CardioExchange, these Terms of Use, and all actions contemplated by these Terms of Use shall be governed by the laws of the United States of America and the Commonwealth of Massachusetts as if these Terms of Use were an agreement wholly entered into and wholly performed within the Commonwealth of Massachusetts. The exclusive jurisdiction for any claim or action arising from or relating to these Terms of Use or the use of CardioExchange shall be with the state or federal courts located in the Commonwealth of Massachusetts, USA.

11. Endorsements. Descriptions of, references to, or links to other products, publications, or services does not imply endorsement of any kind unless expressly stated by MMS.

12. Login Security. Sharing CardioExchange login information is strictly prohibited.

13. Privacy. Registration data and other information about you and your use of CardioExchange are subject to the CardioExchange Privacy Policy.

14. Copyright Complaints. MMS respects the intellectual property ownership rights of others. If you believe your work has been reproduced at CardioExchange in a way that constitutes copyright infringement, please notify us by following the instructions in our notice about making claims of copyright infringement.