Wild Iris Medical Education, Inc. (“Wild Iris”) welcomes you. Wild Iris provides its service to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: www.wildirismedicaleducation.com/company/tos.html. In addition, when using particular Wild Iris owned or operated services, you and Wild Iris shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
Wild Iris provides users with mandatory and elective education, classes and resources for a variety of medical professions, which may be accessed through any various medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Wild Iris to provide the Service. You also understand and agree that the Service may include certain communications from Wild Iris, such as service announcements and administrative messages, and that these communications are considered part of Service. Unless explicitly stated otherwise, any new features that are added to or which enhance the current Service, including the release of new Wild Iris properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Wild Iris assumes no responsibility for the timeliness, accuracy, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges) for which you are also responsible. In addition, you must provide and are responsible for all equipment necessary to access the Service. Under no circumstances will Wild Iris be liable in any way for any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the “Registration Data”) and (b) update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Wild Iris has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wild Iris has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will have the opportunity to receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Wild Iris of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Wild Iris cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You agree to not use the Service to:
Without limiting the foregoing, Wild Iris and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Wild Iris may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) to comply with investigations by accreditation organizations; (c) enforce the TOS; (d) respond to claims that any Content violates the rights of third parties; (e) respond to your requests for customer service; or (f) protect the rights, property or personal safety of Wild Iris, its users and the public.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Wild Iris and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
When you register with Wild Iris, you acknowledge that in using Wild Iris services to send electronic communications, you will be causing communications to be sent through Wild Iris’s computer networks, portions of which are located in California and one or more other locations in the United States and portions of which may be located abroad in the future. As a result, and also as a result of Wild Iris’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Wild Iris through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Wild Iris is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Wild Iris shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Wild Iris may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Wild Iris without any obligation of Wild Iris to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Wild Iris under any circumstances.
You agree to indemnify and hold Wild Iris and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, your violation of any rights of another, or any Content you submit, post, transmit or otherwise make available through the Service.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Wild Iris ID), use of the Service, or access to the Service.
You acknowledge that Wild Iris may establish general practices and limits concerning use of the Service, including without limitation the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Wild Iris has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Wild Iris reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Wild Iris reserves the right to modify these general practices and limits from time to time.
Wild Iris reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Wild Iris shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Wild Iris may, under certain circumstances and without prior notice, immediately terminate your Wild Iris account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Wild Iris account includes (i) removal of access to all offerings within the Service, (ii) deletion of your password and all related information, files and content associated with your account (or any part thereof), and (iii) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Wild Iris’s sole discretion and that Wild Iris shall not be liable to you or any third party for any termination of your account or access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Wild Iris shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Wild Iris has no control over such sites and resources, you acknowledge and agree that Wild Iris is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Wild Iris shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Wild Iris or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Wild Iris grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Wild Iris for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WILD IRIS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WILD IRIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
You agree that there shall be no third-party beneficiaries to this agreement.
Wild Iris may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
Wild Iris, the Wild Iris logo, and other Wild Iris logos and product and service names are trademarks of Wild Iris Medical Education, Inc. (the “Wild Iris Marks”). Without Wild Iris’s prior permission, you agree not to display or use in any manner the Wild Iris Marks.
Wild Iris respects the intellectual property of others, and we ask our users to do the same. Wild Iris may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Wild Iris’s Copyright Agent the following information:
Entire Agreement. The TOS constitutes the entire agreement between you and Wild Iris and governs your use of the Service, superseding any prior agreements between you and Wild Iris with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Wild Iris services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Wild Iris shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Wild Iris agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of Wild Iris to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Wild Iris account is non-transferable and any rights to your Wild Iris ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group, which can be reached at firstname.lastname@example.org.