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View printable copy of Terms of Use Agreement
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By using or accessing MDgrad.com you agree to the following Terms of Use Agreement ("Agreement") , which constitute an agreement between MDgrad and you. If you do not agree to this Terms of Use Agreement , do not use or access MDgrad.com!

MDgrad operates the web site at www.mdgrad.com (the "Site"). The Site has an access controlled section requiring registration as well as a section that does not require registration. Both sections are intended for use solely by physicians, or medical students in accredited training programs. Nothing in the Site is meant to serve as a substitute for your own clinical judgment and you should confirm any information on the Site before undertaking any treatments based on that information. If you are a consumer who chooses to access or use the Site, you should not rely on the information as professional medical advice or use it as a replacement for advice from a physician or qualified health care professional.

Within the Site, MDgrad operates an access-controlled forum, the Call Room (the "Forum"), which is part of the Site and bound by this Agreement.

IF YOU DO NOT WISH TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE.

TERMS

1. Entry Conditions. The use of the access controlled section of the Site is restricted solely to persons who: (a) completely and accurately fill out all applicable site entry registration information, including that specific to the Forum; (b) are presently postgraduate physicians in internship residency or fellowship, trained physicians, or medical students; and (c) are over the age of 18. Anyone who enters the access controlled section of the Site who has not satisfied the above Entry Conditions shall be in trespass of the Site and in violation of this Agreement.

2. Under this Agreement you may enter the Site to (i) view the information provided by MDgrad and other third party users, and (ii) and participate in the interactive elements provided by MDgrad, including the Forum. You may not:

a) Download, print, capture or otherwise create copies of the material from the Site without MDgrad's prior written consent, except you may copy portions of the Site to the extent such copying is incidental to all Internet browsing technologies.

b) Sublicense, rent, lease, lend or otherwise transfer your rights under this Agreement without MDgrad's prior written consent.

c) Frame any material from the Site for use on any other web site.

d) Use your knowledge of the content or structure of the Site for a commercial purpose that in any manner competes with the activities of MDgrad.

3. Reservation of Intellectual Property Rights.

a) Trademarks. Call Room and MDgrad are trademarks of MDgrad.com, Inc., which reserves all rights to the use of its trademarks, service marks and logos appearing on the Site. Any unauthorized use of MDgrad's trademarks may subject you to civil and criminal penalties under state and federal trademark laws and international treaties.

b) Copyrights. MDgrad is the owner or lawful licensee of all copyright interests in the design and content of the Site (other than, perhaps, content provided by third party users or provided through a third party link), and reserves all rights not expressly granted under this Agreement. Any unauthorized use of the Site may subject you to civil and criminal penalties under federal copyright law and international treaties. Any redistribution, retransmission, or republication of any copyrighted material is strictly prohibited without express written consent of the copyright owner.

c) Content Submissions. If you contribute any content or material to MDgrad or the Site (including the Forum), including but not limited to business information, ideas, concepts, or inventions, you agree to grant (or warrant that the owner of such content or intellectual property has expressly granted) to MDgrad an irrevocable, non-exclusive, royalty free, worldwide perpetual license to use, with the right to sublicense, reproduce, distribute, modify, transmit, create derivative works of, edit, publicly display and publicly perform any materials and other information or content you submit by all means and in any media or medium now known or hereafter developed.

4. Term of Agreement. This Agreement governs a single continuous visit to the Site. Subsequent visits to the Site shall be governed by the terms of the Agreement then in effect. MDgrad reserves the right to amend the terms of this Agreement without prior notice for any subsequent visit to the Site. Current Agreement terms are available by link on the registration page of the Site. Access or use of the Site, constitutes your acceptance of the then-current Site Agreement terms.

5. Compliance With Site Policies. You shall comply with all current user policies for access to and use of the Site, including without limitation, the Privacy Policy, Editorial Policy and Advertising Policy, (the "User Policies"). MDgrad reserves the right to revise the Site's User Policies at any time and your use of the Site at any particular time shall be subject to the User Policies then in effect. Current User Policies are available for review and printing through a link at the bottom of most pages of the Site.

6. Use of Interactive Elements of Site.

a) Disclaimer of Reliability. If you choose to participate in any interactive area of the Site including the Forum, ("Interactive Areas"), you do so at your own risk and agree to be solely responsible for your communications and the consequences of your use. MDgrad does not guarantee that information sent by an individual through the Site will be received by the desired receiving party, that information sent to you was sent by the listed sending party, or that all participants in the Interactive Areas are medical professionals. Any information received through the Site's communication applications should be verified before use in decision-making. The Site's communication applications should not be relied upon as the only means of communication between users, and MDgrad makes no guarantee regarding the data integrity, successful transmission, accuracy, completeness, or security of information. You understand that reliance on information or communications posted, transmitted or made available by MDgrad or other users is solely at your own risk.

b) Covenant of Proper Use. If you choose to post or send information on or through the Site, you agree to comply with all state, federal and local laws and regulations relating thereto, including, without limitation, the Health Insurance Portability and Accountability Act of 1996 (HIPAA). MDgrad does not represent or warrant that your use of the Interactive Areas of the Site complies with, or was intended to comply with, applicable laws or regulations. You specifically agree that:

-You will not post, send or make available any information that is unlawful, defamatory, libelous, obscene, harmful, threatening, harassing or otherwise objectionable. 
-You will not use the Site in any way that directly or indirectly encourages or facilitates a criminal offense or that is subject to civil liability. 
-You will not interfere with the ability of other users to use or enjoy the Site. 
-You will not use the Site to solicit others for any reason, including, but not limited to, charity or personal gain. 
-You will not create a false identity or mislead other users of the Site. 
-You will not collect, harvest or store information on other users. 
-You will not attempt to damage or disrupt the function of Interactive Areas. 
-You will not post, transmit or in any other way make available any material or data that infringes upon the trademark, patent, copyright, trade secret, contract or privacy rights of any person or entity. 
-You will not reveal personal information or identities of other users of the Forum. 
-You will not post names or give information that can identify other individuals including but not limited to patients, colleagues, professors or teachers, attendings, or any other persons associated with you, your work, or training program. 
-You will not advertise any business or products.

c) Acknowledgment of Unmonitored Site. The Forum is an online discussion board where unmonitored, real time content may be posted or uploaded by any member. MDgrad does not review all communications and content posted or uploaded to The Forum and is not responsible for this content including links to third party websites. Although MDgrad reserves the right to monitor, modify and remove at its discretion, any information or materials posted to the Site by you or other users, MDgrad does not undertake to actively monitor the Site. Accordingly, you acknowledge that you may be exposed to content you feel is offensive, indecent or otherwise objectionable. If you choose to follow links to third party websites you do so at your own risk. If you wish to report content that is objectionable please contact MDgrad at admin@mdgrad.com. Content or materials expressed in the Interactive Areas are those of the individual contributor, including content by Forum moderators. Content by Forum moderators does not necessarily reflect the opinions of MDgrad or other individuals in the Forum

7. Contests and Drawings for Prizes. MDgrad may offer registered users the option of participating in contests and or drawings for prizes. Participation is completely voluntary. If you choose to participate in any way for any contest and or drawing you agree to be bound by the following rules.

a) Not all contests will have drawings for prizes. Eligibility to win a prize may have separate or specific participation requirements from the entry conditions of MDgrad and these may vary from contest to contest. To be eligible to enter a drawing and win a prize:

-you must be over 18 years of age 
-you must be a US citizen or a legal resident of the United States of America
-you must register for the specific contest drawing 
-you must agree to the official rules for each drawing 
-you must meet all entry requirements for the drawing 
-You may view participation requirements prior to registering for each drawing on the drawing registration page.

b) You must play from your own MDgrad account, and each user may only have one MDgrad account. Your MDgrad account information must be valid and correct. MDgrad users who play in the contest or enter in the drawing with incorrect or fictitious registration information will be disqualified from winning any prizes and will be barred from future contests and drawings.

c) No purchase or entry fee necessary to enter or win. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

d) If for any reason, a contest or drawing is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of the contest or drawing, MDgrad reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend the contest and or drawing. Should the contest be terminated prior to the stated end date, MDgrad reserves the right to award prizes based on the entries received before the termination date.

e) MDgrad reserves the right to disqualify any individual who tampers with or in any way corrupts the contest or drawing. MDgrad may prohibit individuals from participating in the competition or winning a prize if, in MDgrad’s sole discretion, MDgrad determines the individual is attempting to undermine the legitimate operation of the competition or drawing by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other MDgrad users, MDgrad officers, or affiliations.

f) You agree that (1) any and all disputes, claims, and causes of action arising out of or in connection with any contest or drawing, or any prizes awarded, shall be resolved individually without resort to any form of class action, and you waive your right to a jury trial for such disputes, claims, and causes of action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred for entering the contest and or drawing, but in no event attorneys’ fees; and (3) you hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased, and any other damages, other than damages for actual out-of-pocket expenses.

g) You agree to release, indemnify and hold harmless MDgrad and MDgrad’s affiliates and partners, and their respective directors, officers, employees, representatives, partners and agents from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with any contest and or drawing, or with the acceptance, possession or use of any prize (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to or loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light). You also agree to release, indemnify and hold harmless MDgrad and MDgrad’s affiliates and partners, and their respective directors, officers, employees, representatives, partners and agents from any liability whatsoever for any taxes or other duties, defamation or invasion of privacy, or any other legal claims. You agree that the laws of the state of Oregon will govern any and all disputes.

h) You agree that MDgrad, its employees, officers and affiliates are not responsible for (1) any computer, electronic, printing, telephonic, typographical, human, or other errors (including, without limitation, errors which may occur in the administration of any contest and or drawing, the announcement of the prize, the processing of entries, or in any contest and or drawing related materials); (2) transactions that are lost, stolen, late, misdirected, damaged, incomplete, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly, or are lost for any reason including computer, telephone, paper transfer, human or other error.

i) You understand that questions, answers, and any content associated with contests and or drawings, do not constitute professional advice of any sort. All questions, answers and associated content should not used to guide or influence medical care or treatment of any individual. Questions may be variable and there is no guarantee that they will help you learn, study for, or improve board scores. You should always consult your own doctor, health care professional, attorney or other applicable professional for advice before making important decisions. Your reliance on the content of MDgrad, including contests and drawings, is solely at your own risk.

8. Personalized Lists and Information. MDgrad makes no guarantee of the accessibility, storage, or security of personal information, preferences or lists created by the user.

9. Linked Resources. Although MDgrad provides you with links to third party web sites of potential interest, MDgrad does not in any way guarantee that the list of links is accurate, comprehensive or up to date. MDgrad does not have control over the content or management of the linked sites. Your use of third party sites is at your own risk and subject to the terms and conditions of use at those sites. As a service to its users, MDgrad allows individuals to create and store personal links. It is your sole responsibility to ensure that the sites stored as your personal links are consistent with your institution's or employer's policies and procedures.

10. Responsibility for Internet Security. You will be solely responsible for obtaining and using your own anti-virus, anti-trojan and Internet security software. MDgrad does not represent or warrant that the Site or any material downloaded from the site will be safe or free of viruses, worms, trojan programs or other destructive mechanisms. You are responsible for using appropriate Internet security devices and/or software to ensure that no third parties (e.g. hackers) take advantage of the fact that your computer is connected to the Internet, or that you are participating in the Interactive Areas.

11. User Account and Security. Access to the Site is achieved through a personal account requiring an individual User ID and Password. Your User ID is your e-mail address, which is required to be unique. You will select your own password when you register for the Site. Access to Forum is achieved through a separate personal account. In the Forum your Username will be publicly viewable. You are not permitted to use another person’s true name and it is recommended that you not use your true name. You are solely responsible for maintaining the confidentiality of your User ID, Username, and Password, and for logging out of your account at the end of each session. You are fully responsible for any activities that occur in or through your account. MDgrad is not responsible for any losses or damages incurred as a result of an unauthorized use of your account, User ID, Username, or Password. You agree to notify MDgrad immediately of any unauthorized use of your account or breach in security so it may take the appropriate actions, including possibly closing your account or giving you a new account. MDgrad reserves the right to terminate your account at any time for any reason without notice.

MDgrad will make a commercially reasonable effort to keep your personal information from loss, or misuse by others. Please note that MDgrad does not use encryption technology to transfer data. You should be aware that there is always a risk involving information storage and retrieval over the Internet.

12. Privacy Policy Opt-in. One of the Site's User Policies is MDgrad's Privacy Policy. The Privacy Policy, which may be amended from time to time without notice, authorizes MDgrad to record, use or disclose certain types of personal information about its users. By agreeing to the terms of this Agreement, you agree to the collection and use of information about you to the extent set forth in the Privacy Policy statement.

13. Disclaimer of Warranties. The Site, including all materials and information contained therein, and any products or services made available through the Site, are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including, but not limited to, warranties of quiet enjoyment or non-infringement, and any implied warranties of merchantability, fitness for a particular purpose and warranties under the Uniform Computer Informational Transactions Act, as may be adopted by any jurisdiction from time to time. MDgrad does not warrant or make any representations regarding the operation of the Site, the use, validity, accuracy, security or reliability of the materials on the Site, the products or services obtained through this site, or any other sites linked to this Site. The materials on this Site may be out of date, and MDgrad makes no commitment to update the materials at this Site. MDgrad does not guarantee or warrant that access to the Site will be uninterrupted or error-free, or that any defect in the Site will be corrected. Applicable law may not allow the exclusion of implied warranties, so the above disclaimer may not apply to you as it relates to implied warranties.

14. Disclaimer of Professional Advice. None of the content of this Site is intended to constitute medical advice, legal advice or any other advice of a professional nature. The content of the Site should not be used as a substitute for professional advice. Nothing in the Site (including the Forum) is intended to be used for medical diagnosis, treatment or any other medical service and should not be relied upon to guide or influence the medical therapy of any individual. You should always consult your own doctor, health care professional, attorney or other applicable professional for advice before making important personal decisions. Your reliance on the content of this Site is solely at your own risk.

15. Limitation of Remedies. In no event shall MDgrad be liable to you for any direct, indirect, incidental, special or consequential damages or lost profits arising out of or related to this Site or your use of the information contained herein, even if MDgrad has been advised of the possibility thereof. In particular, MDgrad shall not be liable for the loss of information arising from the use of, or inability to use, the Site. MDgrad's total liability to you, if any, whether arising under contract or based upon a claim of negligence or some other tort claim, shall in no event exceed the total of the payments you made to MDgrad, if any, for access to the Site over the 12 month period giving rise to the claim for damages. The remedies set forth above are exclusive and in lieu of all others, oral or written, expressed or implied.

16. Breach of Agreement by You. In the event you violate any term or condition of this Agreement, MDgrad shall be entitled to terminate this Agreement immediately, block your access to the Site, and pursue all other remedies available to it under applicable law.

17. Indemnification. You agree to indemnify, defend and hold MDgrad and its affiliates, and their respective officers, directors, employees, agents and co-branders harmless from all claims, demands, liabilities and damages of any kind or nature, including, without limitation, attorneys fees and litigation costs, arising out of or related to your use, or inability to use, the Site.

18. Attorneys' Fees. If any party to this Agreement breaches any term of this Agreement, then the other party shall be entitled to recover all expenses of whatever form or nature, costs and attorneys' fees reasonably incurred to enforce the terms of this Agreement, whether or not suit is filed, including such costs or fees as may be awarded in arbitration or by a court at trial or on appeal. In addition, in the event either party to this Agreement becomes a debtor subject to the United States Bankruptcy Code, the non-debtor party shall be entitled to recover any expenses, costs and fees, including attorneys' fees, incurred in connection with enforcing its rights against the debtor party, whether those rights arise under this contract or involve matters arising solely under the Bankruptcy Code.

19. Non-Waiver. The failure or delay of any party to require performance of, or to otherwise enforce, any condition or other provision of this Agreement shall not waive or otherwise limit that party's right to enforce, or pursue remedies for the breach of, any such provision or condition. Any waiver by any party of any particular condition or provision of this Agreement, including this non-waiver provision, shall not constitute a waiver or limitation on that party's right to enforce performance of, or pursue remedies for the breach of, any other condition or provision of this Agreement.

20. Successor Interests. This Agreement is not transferable without MDgrad's prior written consent. Subject to this limitation, this Agreement is binding upon and shall inure to the benefit of the heirs, successors, assigns, legatees, devisees, bankruptcy estates, administrators, personal representatives, and executors of each of the parties.

21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Oregon without regard to, or application of, any conflict of law provisions.

22. Jurisdiction, Venue. The parties agree that any suit, action or arbitration proceeding arising out of or relating to this Agreement shall be brought in Multnomah County, Oregon, and the parties expressly consent to the personal jurisdiction over them of any state or federal court in Multnomah County, Oregon.

23. Severability. If any court of competent jurisdiction finds any term of this Agreement, or of any other document or instrument referred to or contemplated in this Agreement, to be invalid or unenforceable, such determination shall not affect the validity and enforceability of the remainder of the Agreement.

24. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter of the Agreement and supersedes all prior discussions, negotiations, understandings, representations and agreements, whether oral or written. All terms of this Agreement are contractual and not mere recitals.

To complete your registration please first review the MDgrad Terms of Use Agreement above and indicate your acceptance of terms by clicking I Agree or refusal by I Decline.

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