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Terms of Use

Terms of Use


Effective Date: August 29, 2010

I. INTRODUCTION

Welcome to the QMP Plastic Surgery Pulse eLearning Center (the "eLearning Center"), the ultimate online plastic surgery destination. The eLearning Center is owned and operated by Quality Medical Publishing, Inc. ("QMP," "we," or "us") and includes the main domain and any sub-domains, as well as the features, functionality, applications, content, products and services made available by QMP on or through this website.

Your Consent to these Terms of Use. Please ready these Terms of Use carefully. These Terms of Use set forth legally binding terms and conditions. By accessing or using the eLearning Center, whether as an unregistered visitor or as a registered member, you accept and agree to be bound by these Terms of Use. In addition, to become a registered member, you may be required to confirm that you have read and accepted these Terms of Use.

Privacy Policy; Additional Terms. These Terms of Use include the terms and conditions set forth in this document as well as our Privacy Policy, located at http://www.plasticsurgerypulse.com/mm5/merchant.mvc?Screen=Policies, and incorporated into these Terms of Use by this reference. Certain areas of the eLearning Center and product and service offerings may be subject to additional terms and conditions posted by us on the eLearning Center or otherwise made available by us to you. Your access to and use of the eLearning Center is conditioned upon your acceptance of such additional terms and conditions, which are hereby incorporated by reference into these Terms of Use.

Changes to these Terms of Use. We reserve the right to amend these Terms of Use from time to time. Any amendments shall be effective when posted by us on the eLearning Center or otherwise made available to you. Your access to and use of the eLearning Center after we have modified these Terms of Use shall signify your acceptance of the amended terms. It remains your responsibility to review these Terms of Use regularly to ensure that you are updated as to any changes.

Contacting Us. If you have questions about these Terms of Use, or any other questions or comments concerning the eLearning Center, please contact us at elearning@qmp.com

II. MEMBER REGISTRATION

Eligibility. Access to and use of the eLearning Center is subject to these Terms of Use an is void where prohibited. You represent and warrant that: (a) you have read and understand, and agree to comply with and be bound by these Terms of Use; (b) any registration information that you submit to us is, and will be updated to remain, truthful and accurate; and (c) your access to and use of the eLearning Center does not and shall not violate any applicable laws of any jurisdiction.

Registration. If you meet the eligibility requirements, you may register to become a "member" of the eLearning Center. Members have access to certain features and functionality of the eLearning Center that are restricted or limited for non-registered "visitors." (For ease of reference, members and visitors may be referred to collectively in these Terms of Use as "users.") If you do not register to become a member, you cannot access or use these member-only features.

Account and Password. When you register to become a member, you must provide certain information, choose a username and password, and set certain account preferences. Your account may be used by you only, and may not be shared with any other individuals or entities. You are solely responsible for selecting, changing, and maintaining the privacy of your username and password, and for all activity that occurs under your account. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your username or password.

III. CONTENT GUIDELINES

Content Posted by Users. Certain areas of the eLearning Center, including the forum, permit users to submit or "post" opinions, reviews, feedback, and other information and materials for viewing on the eLearning Center (referred to collectively as "content"). All content submitted by you must be your original work of authorship, appropriate for viewing by a general audience, consistent with the general quality standards of the eLearning Center, and otherwise in compliance with these Terms of Use. We reserve the right, but shall not have the obligation, to remove content that violates these Terms of Use. Notwithstanding the foregoing, you are solely responsible for all content that you submit.

Prohibited Content. You may not post any content on the eLearning Center that:
  • is illegal, unlawful, violent, harmful, threatening, abusive, offensive harassing, defamatory, libelous, unsafe, invasive of another's privacy, or endangers minors in any way;
  • promotes discrimination based on race, ethnicity, religion, gender, sexual orientation, age or marital status, or hatred or physical harm of any kind against any group or individual;
  • is obscene, pornographic, or contains a link to an adult website;
  • contains information or promotes activities that you know to be false, deceptive, misleading, inaccurate, deceitful or unsafe; or
  • infringes, misappropriates, or violates the copyrights, trademarks, or other intellectual property or proprietary rights, rights of privacy or publicity, or other rights of any third party, or violates any contractual, fiduciary or other duty or obligation;
  • involves the transmission of "junk mail," "chain letters," "pyramid schemes," "spam," or other unsolicited mass mailing or communications; or
  • promotes criminal or illegal activity, including advertising any illegal service or offering any item for sale in violation of applicable law.

QMP Not Responsible for Content. We have no control over and assume no responsibility for the content posted by users of the eLearning Center. It is possible that other users may post offensive or inappropriate content, and that you may view or be involuntarily exposed to such offensive or inappropriate content. We do not approve of such conduct. However, QMP is not responsible for the content or conduct of other users of the eLearning Center, and shall have no liability for any actions or inaction taken in connection therewith. Content is not necessarily reviewed by QMP prior to posting and does not necessarily reflect the opinions of QMP. We make no representations or warranties, express or implied, as to the content submitted by users, and shall have no obligation to modify or remove inaccurate or inappropriate content.

IV. PROHIBITED ACTIVITIES; USER DISPUTES; TERMINATION OF ACCOUNT

Prohibited Activities. The following is a partial list of activities that are prohibited on the eLearning Center. You may not:
  • use the eLearning Center for advertising, promotional, or other commercial purposes, except in those forums (if any) where such activities are expressly permitted;
  • attempt to impersonate another user;
  • "stalk" or otherwise harass anyone, or contact any user that has not specifically asked to be contacted;
  • collect personal data about other users for commercial, unlawful or any other purposes;
  • engage in any automated use of the eLearning Center, such as using scripts to add users or post content;
  • use automated means, including but not limited to spiders, robots, crawlers, or data mining tools, to download data from the eLearning Center; or
  • attempt to gain unauthorized access to computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the eLearning Center.

User Disputes. We encourage you to report any abuse of the eLearning Center or violation of these Terms of Use by other users. Notwithstanding the foregoing, you are solely responsible for your interactions with other users on the eLearning Center. We reserve the right, but shall have no obligation, to monitor communications on the eLearning Center and any disputes between you and other users. However, we assume no obligation to monitor user activities or content, to take action against any inappropriate content or activity, or to intervene in or resolve any user disputes.

Termination. We reserve the right to terminate your use of the eLearning Center or membership account at any time and for any reason, with or without prior notice to you, including if you violate any provision of these Terms of Use, or use the eLearning Center in a manner for which it is not intended to be used. These Terms of Use, will survive and remain in effect even after such termination.

Indemnification. You agree to indemnify, defend and hold the eLearning Center, its owners, operators, affiliates, agents and suppliers (including QMP, its directors, officers, shareholders, affiliates, employees, agents and suppliers) harmless from and against any and all claims, demands, actions, suits, prosecutions, damages, liabilities, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including reasonable attorneys' fees and legal costs) arising out of or resulting in whole or in part from your use or misuse of the eLearning Center, the content you submit to the eLearning Center, your violation of these Terms of Use, or your violation of any applicable law or regulation or the rights of another person or entity.

V. PROPRIETARY RIGHTS

Our Rights in this Website. QMP and its suppliers reserve all right, title and interest in and to the eLearning Center, including but not limited to all products, services, materials, information, and compilations of information available on or through the eLearning Center, as well as the domain name and sub-domains, design, layout, graphics, programming code and "look and feel" of the website, the copyrights, trademarks, service marks, and trade dress related thereto, all goodwill arising therefrom, and all related intellectual property and other proprietary rights. You agree that you will have no rights in or to any of the foregoing, express or implied, other than a limited, non-exclusive, non-transferable, revocable license to access and use the eLearning Center in accordance with these Terms of Use. You may not modify, reproduce, distribute, sell, or create derivative works based upon the eLearning Center, or post any content from the eLearning Center to newsgroups, blogs, mailing lists, social networking sites, or electronic bulletin boards.

Rights in User Content. All ownership rights to content is retained by the submitting user. By submitting or posting content (including comments or feedback), you hereby grant us a non-exclusive, worldwide, perpetual and irrevocable, freely transferable and sublicensable, royalty-free and fully paid-up license to perform, display, transmit, reproduce, distribute, prepare derivative works of, and otherwise access and use such content as part of the eLearning Center and in any other format or medium, including but not limited to on any successor Web sites, on any similar Web sites controlled or operated by us, our affiliates, successors or assigns, in any electronic or print collections or compilations based on the eLearning Center, and in marketing and advertising for each of the foregoing; provided, however, our use of any personal information submitted by you shall be consistent with our Privacy Policy.

VI. COPYRIGHT POLICY

You may not use the eLearning Center to post, modify, distribute, or reproduce any copyrighted works, or to otherwise infringe, misappropriate, or violate the intellectual property rights of any third party. It is the policy of the eLearning Center to terminate the accounts of members who repeatedly infringe the copyrights of others upon receipt of proper notification by the copyright owner or its legal agent. If you believe that your work has been posted or used on the eLearning Center in a manner that constitutes copyright infringement, please provide our Copyright Agent with written notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) identification of the copyrighted work (or in the case of multiple works, a representative list of such works) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and the location of that material; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright interest that allegedly is infringed. Our Copyright Agent for notice of claims of copyright infringement may be reached by mail at: Copyright Agent, Quality Medical Publishing, Inc. 2248 Welsch Industrial Court, St. Louis, MO 63146; by phone at: 1-314-878-7808; by facsimile at: 1-314-878-9937, Attn: Copyright Agent; or by email at: elearning@qmp.com.

VII. DISCLAIMERS

THE eLEARNING CENTER, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALL USE OF THE ELEARNING CENTER IS "AT YOUR OWN RISK." QMP, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE eLEARNING CENTER, OR THE PRODUCTS, SERVICES, CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE ON OR THROUGH THE eLEARNING CENTER, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE eLEARNING CENTER WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PRODUCTS, SERVICES, CONTENT, INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE eLEARNING CENTER WILL BE TRUE, ACCURATE, COMPLETE, UP-TO-DATE, FREE FROM VIRUSES OR OTHER MALICIOUS CODE, OR FREE FROM TYPOGRAPHICAL ERRORS OR ALTERATIONS BY THIRD PARTIES.

Medical Information. The eLearning Center includes access to certain health-related and medical information. This information is not and should not be considered medical advice, regardless of whether posted by us, our suppliers, or other users. Like any information available on the Internet, the eLearning Center never should be used as a substitute for professional medical advice and your good judgment. We make no representations or warranties, express or implied, concerning the quality, accuracy, reliability, completeness or appropriateness of any health-related or medical information available on or through the eLearning Center, and disclaim all responsibility and liability for any harm or damage associated with the viewing or use of such information.

Graphic Material. The eLearning Center includes access to graphic images and materials, including photos, drawings and descriptions of the human anatomy and physiology. This information is targeted to professionals, and may not be suitable for all audiences. Viewer discretion is advised.

VIII. LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QMP, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST PROFITS, DAMAGE TO OR LOSS OF DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE eLEARNING CENTER, OR THE PRODUCTS, SERVICES AND INFORMATION AVAILABLE OR ADVERTISED THEREON, OR FOR ANY FORCE MAJEURE EVENT OR OTHER EVENT OR ACTION OUTSIDE OF THE REASONABLE CONTROL OF QMP, INCLUDING FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE PRODUCTS, SERVICES, CONTENT, INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE eLEARNING CENTER. THE TOTAL CUMULATIVE LIABILITY OF QMP, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS AND SUPPLIERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE eLEARNING CENTER, AND THE PRODUCTS, SERVICES AND INFORMATION AVAILABLE OR ADVERTISED THEREON SHALL NOT EXCEED THE GREATER OF (A) THE FEES (IF ANY) PAID BY YOU TO THE eLEARNING CENTER FOR THE PRODUCTS, SERVICES, INFORMATION OR MATERIALS GIVING RISE TO THE CLAIM OR (B) TEN DOLLARS ($10). THE LIMITATIONS ON LIABILITY IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INDEMNITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIMS OR SUITS WILL NOT EXPAND THIS LIMITATION. THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THESE TERMS OF USE, AND SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE; PROVIDED, HOWEVER, CERTAIN STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN INDIRECT DAMAGES, AND SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.

IX. MISCELLANEOUS

Governing Law. The eLearning Center is hosted and operated in the United States of America. These Terms of Use and the relationship between you and us relating to your access to and use of the eLearning Center shall be governed by and interpreted for all purposes in accordance with the laws of the State of Missouri, USA, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction.

Jurisdiction and Venue. You agree to submit to the personal jurisdiction of the state courts of St. Louis County, Missouri and, if proper, the U.S. District Court of the Eastern District of Missouri for any dispute, claim or action arising out of or related to these Terms of Use or your access to or use of the eLearning Center, and hereby consent and waive any objections to the exclusive personal jurisdiction and venue of such courts, including without limitation any objections based on forum non conveniens; provided, however, that the foregoing shall not prevent us from seeking temporary or permanent injunctive or other equitable relief against you or compelling your contractual indemnification obligations in any court of competent jurisdiction.

Assignments. You may not assign these Terms of Use or assign or delegate any right or duty under these Terms of Use, in whole or in part. Any attempted assignment or delegation shall be null and void from the beginning and without effect. We may assign these Terms of Use or any right or duty under these Terms of Use, with or without notice to you, including to any affiliate or successor in interest. Subject to the foregoing, these Terms of Use shall be binding on and inure to the benefit of you and us, and each of our respective heirs, administrators, successors and permitted assigns.

Amendment; Waiver. Any amendment to or waiver of these Terms of Use must be in writing and signed by a duly authorized representative of QMP. No provision shall be waived by any act, omission or knowledge of a party. Any waiver on one occasion shall not constitute a waiver of any other or subsequent duty or breach.

Severability; Construction. If any provision of these Terms of Use is determined to be invalid or unenforceable under applicable law, the provision shall be amended and interpreted by a court of competent jurisdiction to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of these Terms of Use shall continue in full force and effect. The captions in these Terms of Use are for reference purposes only and shall not affect the meaning or interpretation of these Terms of Use. The term "including" as used herein means "including without limitation."

Entire Agreement. These Terms of Use, including the Privacy Policy and additional terms referenced herein, set forth the entire agreement of the parties, and supersede all prior and contemporaneous negotiations and agreements, written or oral, with regard to the subject matter hereof.

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