If you use a password to access a Service, you must not reveal your password and must take reasonable steps to keep your password confidential and secure. You agree to immediately notify Hogrefe if you become aware of or have reason to believe that there is any unauthorized use of your password or account or any other breach of security. Hogrefe is in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security. You may be liable for the losses incurred by Hogrefe or others due to any unauthorized use of your Hogrefe account.
Unless otherwise set out herein, content comprised within the Services, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, audio, images, applications, programs, computer code and other information (collectively, the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by Hogrefe, its licensors or its content providers and is protected by copyright, trademark and other intellectual property and unfair competition laws.
You may not:
The Services may contain links to third-party sites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from external sites or resources linked to the Services. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Hogrefe. Hogrefe welcomes you to link to the Services. You may establish a hypertext link to the Services, provided that the link does not state or imply any sponsorship or endorsement of your site, company, product and/or service by Hogrefe. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Services, including but not limited to any logos, without the express written consent or an explicit license of the owner of the mark or right. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Services without prior written consent of Hogrefe.
You warrant, represent and agree that you will not use the Services in a manner that (i) infringes, violates or misappropriates another's intellectual property rights, copyrights, trademarks, trade secrets, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Hogrefe in violation of any applicable laws or regulations, including without limitation, applicable privacy laws (collectively, “Applicable Law”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password.
You agree, to the extent permissible under your country’s and state's laws, to indemnify, defend, and hold harmless Hogrefe, and its successors, affiliates, contractors, officers, directors, employees, agents, attorneys and its third-party suppliers, licensors, and partners (“Hogrefe Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) your failure to comply with Applicable Law; or (iv) the infringement or violation by you or any third-party using your account of any intellectual property, privacy, or other right of any other person or entity. Hogrefe reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Hogrefe, and you agree to cooperate with Hogrefe's defense of these claims. You agree not to settle any such matter without the prior written consent of Hogrefe. Hogrefe will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
10.1 No Warranties
The services are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible pursuant to applicable law, hogrefe disclaims any and all warranties and conditions of any kind, whether statutory, express or implied, including, but not limited to, all implied warranties of merchantability, quality, availability, quiet enjoyment, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from hogrefe or through the services will create any warranty not expressly stated herein.
Hogrefe does not warrant that the services or any data, content, functions, or any other information offered on or through the website will be uninterrupted, or free of errors, viruses or other harmful components, and do not warrant that any of the foregoing will be corrected. Hogrefe makes no representation or warranty that (1) the services will (a) meet your requirements or expectations, or be to your liking, or (b) will be timely, secure, accurate, free from errors or loss, or uninterrupted, (2) that the services are free from viruses or other harmful components, or (3) that any defects or errors will be corrected. Some features may be new or experimental and may not have been tested in any manner.
10.3 Harm to Your Computer
You understand and agree that your use, access, download, or otherwise obtaining of content, website materials, software, or data through the services at your own discretion and risk, and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results therefrom.
10.4 Limitations by Applicable Law
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
10.5 Additional Disclaimer
To the extent permitted under applicable law, neither Hogrefe nor its suppliers and licensors assume responsibility for any injury and/or damage to persons, animals or property as a matter of products liability, malpractice, failure to warn, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, tests, products or procedures displayed on the Services or incorporated in the Content included in or accessible from the Services. Practitioners and researchers must rely on their own experience, knowledge and judgment in evaluating or applying any information, which remains their professional responsibility. Because of rapid advances in the medical sciences and changes in government regulations and clearances, we recommend that independent verification of diagnoses, treatments, indications choice of drugs and drug dosages should be made. Discussions, views, and recommendations expressed may not be considered absolute and universal for every situation. Hogrefe remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Hogrefe will not be liable for the failure by any user of the Services, Content or Submission to use due care in the use and validation of results made available through the Services or included in the Content, nor will Hogrefe be liable for any medical treatment provided by users to their patients, whether or not the Services or Content were used in connection with such treatment.
11.1 Limitation of Liability
Under no circumstances, including, but not limited to, negligence, will hogrefe or the hogrefe parties be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any court action or legal dispute, lost business, lost revenues or profits, personal injury, death, property damage, loss of data, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) even if hogrefe or a hogrefe parties has been advised of the possibility of such damages arising out of or relating (i) to the terms; (ii) your use of (or inability to use) the services, or (iii) any other interactions with hogrefe or any third-party through or in connection with the services. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, hogrefe's liability will be limited to the fullest extent permitted by applicable law.
11.2 Time Limitation on Claims
Notwithstanding any applicable statute of limitations or other law that may otherwise provide for a longer period of time to bring a claim, any claim arising out of or in connection with your use of or inability to use the Services or the Content must be brought within one (1) year after the event or such claim is barred.
11.3 Limitation of Damages
In no event will hogrefe's total liability to you for all damages, losses, and causes of action arising out of or relating to the terms or your use of the services (whether in contract, tort (including negligence), warranty, or otherwise), exceed the amount paid by you to hogrefe, if any, for accessing the services during the twelve months immediately preceding the date of the claim or fifty us dollars ($50), whichever is greater.
11.4 No Class Action or Class Arbitration
Except where prohibited by applicable law, you agree that you will not bring, request, join, or participate in a class action or class arbitration proceeding as to any claim, demand, suit, or cause of action you may have against Hogrefe arising out of, relating to, or in any way connected with the Services or the Content, and you waive and relinquish any right you may now or in the future have to bring, request, join, or participate in any lawsuit or arbitration or other proceeding on a class action or consolidated basis or to participate as a representative or member of any class of claimants pertaining to any claim, demand, suit, or cause of action arising out of, relating to, or in any way connected with your use of the Services or the Content. This provision does not constitute a waiver of any of your rights and remedies to pursue a claim individually in accordance with the Terms.
11.5 Basis of the Bargain
You acknowledge and agree that hogrefe has offered the services and entered into the terms in reliance upon the disclaimers and the limitations of liability set forth herein, that the disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and hogrefe, and that the disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and hogrefe. Hogrefe would not be able to provide the services to you on an economically reasonable basis without these limitations.
Hogrefe may provide you with notices, including those regarding changes to the Terms, by email, postings in or on the Website or within the Services, or through other reasonable means. Notice will be deemed given 24 hours after email is sent, unless Hogrefe is notified that the email address is invalid. Notices posted in or on the Website or within the Services are deemed given ten (10) business days following the initial posting. Any notices directed to Hogrefe shall be sent by first class U.S. Mail to Hogrefe at 44 Merrimac Street, Suite 207, Newburyport, MA 01950 and also via e-mail to customersupport(at)hogrefe.com.
The failure of Hogrefe to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Hogrefe.
12.3 Governing Law
The Terms will be governed by and construed in accordance with the laws of the United States of America and the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Hogrefe's prior written consent, but may be assigned by Hogrefe without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
12.6 Export Controls
Where the Service or its Content consist of software that is subject to US, EU or any other Export Controls, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government, EU or other embargo, or that has been designated by the U.S. Government or the EU as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government, EU or any other list of prohibited or restricted parties.
12.7 No Assignment
Last Updated: March 1, 2022