Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE UNIVERSITY OF UTAH SCHOOL OF MEDICINE LEARNING MANAGEMENT SITE (LMS), WHICH IS A PRIVATE ONLINE COMMUNITY, AND ANY SUCCESSOR WEBSITES THEREOF. LMS (“WE,” “US”), PROVIDES THE LMS WEBSITE AND ALL SITE-RELATED SERVICES (COLLECTIVELY, THE “SITE” OR “LMS”) ONLY TO AUTHORIZED USERS TO ACCESS AND USE THE SITE (“USERS”). BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE (THIS “AGREEMENT”). IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THE SITE. BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF THIRTEEN (13) AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT;

We reserve the right at any time to:

Change the terms and conditions of this Agreement; or
Change the Site, including eliminating or discontinuing any content on or feature of the Site.
Any changes we make to this Agreement will be effective upon our posting of the revised Agreement on the Site. We may also, in our discretion, choose to provide notice of such changes via electronic email or other means. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Your continued use of the Site after the posting of such change(s) will be deemed your acceptance of such changes. If you do not agree to any such change(s), please do not access or use the Site. Please return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you (the user and, if applicable, the parent or legal guardian of the user) agree to acknowledge in writing your assent to the terms and conditions of this Agreement.

1. Code of Conduct. While using the Site, you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditional on your compliance with the code of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 9 below. You agree not to:

Access or use, or attempt to access or use, any portion or feature of the Site that you are blocked or restricted from accessing or using, based on the type of your account;
Restrict or inhibit any other user from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
Allow any other person to use the Site via your username and password;
Impersonate any person or entity, including without limitation any representative of LMS; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about publicly traded companies without the authorization to do so; (c) any trade secret of any third party; (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted in writing by us); or (e) any phone numbers, addresses, Social Security numbers, credit card numbers or any other private information of third parties;
Engage in spamming or flooding;
Transmit any software or other materials that contain any viruses, worms, Trojan horses, Easter eggs, defects, date bombs, spiders, spyware or data mining features, time bombs, other computer code, files, or programs that are harmful or invasive or may or are intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment, or other harmful or disruptive components;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
Remove any copyright, trademark or other proprietary rights notices contained in the Site;
“Frame” or “mirror” any part of the Site without our prior written authorization;
Link to any page of or content on the Site;
Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Harvest or collect information about Site visitors or members;
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies or regulations of such networks;
Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site; or
Create a database by systematically downloading and storing Site content.

2. Registration. In connection with registering to use the Site, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site immediately and without prior notice to you.

As part of the registration process, you will be asked to select a screen name and password if you do not already have one. We may refuse to grant you, and you may not use, a screen name that personally identifies you (for example, a screen name that contains your own first name and/or last name), impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, may cause confusion or is otherwise objectionable, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your LMS screen name and password and agree not to disclose your screen name and password or to transfer or resell your use of or access to the Site to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LMS SCREEN NAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

3. Submissions and Postings. We and/or our third-party service provider(s) may make available through the Site services (for example, message boards, chat rooms, blogs, videos, activities, games and other communication forums (collectively, the “Forums”) to which, subject to the terms and conditions hereof, you are able to post information and materials. Additionally, please note that, because we and/or our third-party service provider(s) host Forums found on the Site, we therefore redistribute chats, postings and other materials posted or otherwise submitted by you while using the Forums and require certain rights in those chats, postings and materials. For any information and/or materials you submit through the Forums (including by participating in a chat room conversation) or otherwise to or through the Site (each, a “Posting”), you hereby grant us a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, edit, change, modify in any manner, make, have made, import and otherwise exploit such Postings in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other person and you hereby waive any moral rights you may have in any such Postings. None of the Postings shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any such Postings.

4. Forums. In our Forums, users occasionally post messages or make statements that are inaccurate, misleading, or deceptive, whether intentionally or unintentionally. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Site or Forums by third parties, whether such third parties are users of the Site, members of LMS, or otherwise. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information or any other Postings. Under no circumstances will we or our affiliates, suppliers, donors, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. Please note that we are not responsible for and do not control any third party use of any personally identifiable information which you post on Forums which are accessible to other users of the Site. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of LMS . Information on our Forums may be provided by users who are working through their own personal issues, or their own anger or frustration, and, as such, may make disturbing comments to others.

We do not have any obligation to install, use, operate or make available any filtering software of any nature in connection with the Site. We have no obligation to monitor the Site or the Forums, or any other Postings that you or other third parties transmit or post on to the Site or the Forums; however, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums and the Postings you transmit or post; to alter or remove any such Postings (including, without limitation, any posting to a Forum); and to disclose such Postings and the circumstances surrounding their transmission to any third party in order to operate the Site, to protect ourselves, our related entities and sponsors, our and their respective officers, directors, employees, agents, successors and assigns, and our Site visitors and users, to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose. In addition, we have no control over, and shall have no liability for, any losses or damages from the use or misuse by any third party of information voluntarily made public through a Forum or by Postings submitted to the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM, VIA POSTINGS, OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.

5. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by LMS infringe your copyright (for example, Postings posted to the Site on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow LMS to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; seehttp://www.copyright.gov/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

6. Ownership and Restrictions on Use. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. The information, content and materials made available through the Site are and shall remain the property of us and our licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by us in writing, you agree not to copy, reproduce, republish, upload, post, transmit, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials, content or information made available through the Site. The Site and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. The Site may be used solely as provided in this Agreement. You acknowledge that you do not acquire any ownership rights by using the Site.

The trademarks, logos, and service marks displayed on the Site, including the LMS and LMS LMS trademarks (collectively, the “Trademarks”) are the registered and unregistered trademarks of LMS, its licensors and suppliers, and others. The Trademarks, whether registered or unregistered, may not be used in any manner without the written permission of LMS. Nothing contained on the Site should be construed as granting, by implication, any license or right to use any Trademark without our express prior written consent.

7. Licenses. Subject to your compliance with the terms and conditions of this Agreement, and solely for so long as you are expressly permitted by us to access and use the Site, you may view one (1) copy of any content on the Site to which we provide you access hereunder on any single computer, solely for your personal, non-commercial home use and provided that you keep intact all copyright and other proprietary notices.

8. Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You further agree to comply with any applicable United States export control and similar laws, rules and regulations in connection with your use of the Site. We reserve the right to limit the availability of the Site and/or any service, item, material, feature or function to any user at any time and for any reason, with or without cause, including without limitation the type of the user’s account, the user’s age, whether signed written parental or guardian consents requested by us have been received by us, and the user’s geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, item, material, feature or function that we provide at any time in our sole discretion.

9. Activities, Games, Contests. In addition to the terms and conditions of this Agreement, any contests, sweepstakes, surveys, games or similar activities or promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such Promotions. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control. Please be aware that in some cases, we may make Promotion scores (e.g., scores in games that you play on or through the Site) public; by participating in any Promotion through the Site, you agree that your score(s) in such Promotion(s) may be made public, including in association with your screen name.

10. Termination. This Agreement is effective until terminated. We, in our sole discretion, may terminate your access to or use of the Site, at any time and for any reason, with or without cause, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we and shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

11. Links. The Site may provide links to other web sites and online resources. Because we have no control over such sites and resources, you acknowledge and agree that LMS is not responsible for the availability of such external sites or resources, and we neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that we do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

We shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

12. Disclaimers. NONE OF THE INFORMATION ON THE SITE IS INTENDED TO SERVE AS MEDICAL ADVICE, OR A SUBSTITUTE FOR MEDICAL ADVICE, TREATMENT OR CARE. WE DO NOT GUARANTY OR WARRANT THAT THE INFORMATION CONTAINED WITHIN THE SITE IS ACCURATE, COMPLETE, RELIABLE OR UP TO DATE, AND NO INDIVIDUAL SHOULD RELY ON SUCH INFORMATION. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE ACCESS OR USE OF THE SITE (WHETHER THROUGH A LINK, SUBLINK OR OTHERWISE) AND ANY CONTENT, INFORMATION, PRODUCT OR SERVICE OBTAINED FROM ANOTHER SITE ACCESSIBLE THROUGH THE USE OF THE SITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LMS AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, REPRESENTATIVES, SERVICE PROVIDERS, LICENSORS, SUPPLIERS, PARTNERS, DONORS, AND AGENTS (COLLECTIVELY WITH LMS, THE "LMS ENTITIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE LMS ENTITIES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS, TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ANY AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY LMS ENTITY, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. A possibility exists that the Site (including the Forums) could include inaccuracies or errors, or materials that violate this Agreement (including the Code of Conduct set forth in Section 1 above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, including the Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness.

13. Limitation of Liability. NEITHER LMS NOR ANY OF THE OTHER LMS ENTITIES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF LMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO LMS FOR ACCESS TO THE LMS SITE. FURTHER, IN THE EVENT THAT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SHALL REMAIN IN EFFECT.

14. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to LMS. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

15. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. Any dispute, claim or matter arising from or relating to your use of the Site or this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in the County of Los Angeles, California, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and LMS relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and LMS. This Agreement is not assignable, transferable or sub-licenseable by you except with LMS's prior written consent. Any waiver by LMS must be in writing in order to be valid. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form LMS will not be responsible for failures to fulfill any obligations due to causes beyond its control.