Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS LMS
A. Learning Management System Operator
This Learning Management System (LMS) is run by Scoliosis Research Society, an Illinois nonprofit corporation ("SRS").
B. Application of Terms and Conditions of Use
The SRS online learning management system (LMS) is intended for public use. These "Terms and Conditions of Use" (together with the documents referred to in them) tell you the terms and conditions of use on which you may make use of our LMS known as the “SRS LMS” (the “LMS”). Use of the LMS includes accessing, browsing, and searching related material pertinent to the mission of SRS, including registering to use, and using, this LMS.
Please read these Terms and Conditions of Use carefully (including the "Limitations of Liability" and "Choice of Law and Jurisdiction" sections below) before you start to use the LMS, as these will apply to, and are a condition of, your registering for, accessing or using of the LMS.
SRS may update these Terms and Conditions of Use from time to time, including, without limitation, to reflect changes in law or as a result of changes to the LMS or the addition of new features – it is therefore important that you refer to these Terms and Conditions of Use from time to time to ensure that you are familiar with the relevant terms which will govern your use of the LMS. SRS will undertake to alert you to any changes we make to these Terms and Conditions of Use, but for various reasons, this may not be possible; accordingly, you waive any right to receive specific notice of any such change and it is your responsibility to periodically review these Terms and Conditions of Use and to stay informed of any updates thereto.
By using the LMS, you confirm that you accept these Terms and Conditions of Use and that you agree to be bound by them.
If you do not agree to these Terms and Conditions of Use, you are prohibited from accessing or using the LMS.
The LMS is intended for users who are at least 18 years of age. Persons under age 18 are not permitted to use or register for the LMS.
C. Accessing the LMS
The LMS aggregates and organizes educational content created by SRS members and others in connection with SRS(“Content”) and uploaded by SRS. SRS does not take responsibility for reviewing or otherwise confirming the accuracy, completeness or appropriateness of any Content uploaded thereto or contained therein, although SRS reserves the right to do so at any time and without notice. SRS does not guarantee that the LMS or any Content will always be available or that access to it will be uninterrupted. Access to the LMS is permitted on a temporary basis. At the discretion of SRS. SRS may suspend, withdraw, discontinue or change all or any part of the LMS without notice. SRS will not be liable to you if for any reason the LMS (or any part, feature of or service under the LMS) is removed or is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to access the LMS (including, having access to an Internet connection and an appropriate browser).
D. Permitted and Prohibited Uses
The purpose of the LMS is to allow users to, for educational purposes only to the extent permitted and in the manner provide by the LMS, undertake scientific and medical research and other educational and informational purposes only by accessing the Content. Any other use of the LMS is prohibited.
You may use the LMS only for the above-referenced purposes and in furtherance of the objectives and purposes for which SRS makes the LMS available to users. You may not use the LMS:
- Make any unauthorized use of the LMS.
- Transmit or otherwise use any Content in a manner that (a) infringes or violates the right of any third party, including but not limited to copyright, patent, trademark, trade secret or moral rights of any third party; (b) requires the consent, permission or other grant by any third party which has not been obtained.
- In any way that is unlawful or fraudulent, or which has any unlawful or fraudulent purpose or effect.
- To send, receive, upload, download, use or re-use any material for any commercial purpose or in a manner which does not comply with SRS’s standards (as set out below).
As stated above, the LMS is provided for general educational and informational purposes only.
The Content and other information contained in the LMS may contain technical inaccuracies or typographical errors. SRS makes no representations, warranties or guarantees, whether express or implied, that the Content on the LMS is accurate, complete or up-to-date. SRS also does not warrant or represent that the Content and any other information or materials available through the LMS will meet your particular requirements or needs or that access to, or use of, the same will be uninterrupted or completely secure. Although, as a matter of policy, SRS is not responsible to confirm the accuracy, completeness or appropriateness of any Content or other data or other information uploaded to the LMS or contained therein, SRS reserves the right to do so and to make changes and improvements to or remove any content, data or information contained within the LMS, at any time and without notice.
SRS shall not be responsible for any loss or damage resulting from the use of the LMS, or reliance on Content contained in or presented on the LMS for any reason and however it may arise. SRS shall not be in any way responsible for any decisions you may make resulting from the use of such Content. For the avoidance of doubt, the provision in the section below entitled ‘Limitations of Liability’ shall apply equally in respect of any claim relating to the LMS.
F. Intellectual Property Rights
SRS is the sole owner of all intellectual property rights in and to the LMS and its components, including, without limitation, source code, "look and feel," features, organization, LMSs, functionality, software, web site designs, audio, video, text, photographs and graphics on or within the LMS or the web site within which it resides, but not including the Content uploaded by you and other users to the extent provided below (collectively, the "Proprietary LMS Components"). The Proprietary LMS Components and the Content as an aggregate body in the format and manner set forth and contained on the LMS are the property of others and are protected by copyright , trademark and other intellectual property laws and treaties in the United States and around the world as well as all other intellectual property protections. All such rights are reserved. Except to the extent of SRS’s above-referenced rights, SRS claims no ownership rights with respect to the items of Content however, SRS has a perpetual, non-exclusive license to use, modify, copy and publish such Content and to make it available to users of this LMS and otherwise.
Provided that you have registered to use the LMS and are otherwise eligible to use the LMS, you are granted a limited, nontransferable, revocable license to access, download and/or print copies of Content as and to the extent permitted by its features, terms and conditions for your own individual educational use only. SRS reserves all rights not expressly granted to you in and to the LMS and the Content and the Marks.
You are prohibited from modifying the paper or digital copies of any Content that you have printed off, downloaded or that has otherwise been provided to you in any way. SRS’s status as the owner of the Proprietary LMS Components must always be acknowledged.
If you print, copy or download any part of the LMS in breach of these Terms and Conditions of Use, your right to use the LMS (and any related data, information or materials) will cease immediately and you must, at SRS’s choice, return or destroy any copies of the Content or other data, information and/or materials you have made (and these Terms and Conditions of Use shall continue to apply with respect to any same).
G. Requirements for Access to and Use of the LMS
1.Access to the LMS
All individuals, unless otherwise prohibited by conditions outlined above, are able to access the LMS. Accessible Content is defined by class list registrations that may or may not include a financial transaction or SRS member requirement.
2. Suspension and Termination of LMS Access
We will determine, in SRS’s discretion, whether there has been a breach of SRS’s Terms and Conditions of Use through your use of the LMS. When a breach of these Terms and Conditions of Use has (in SRS’s view) occurred, then we may take such action as we deem appropriate, which may include SRS’s taking any or all of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the LMS.
- Issuing a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, attorney’s fees and costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
You agree that we shall not be liable for actions taken in response to breaches of these Terms and Conditions of Use.
H. USER REPRESENTATIONS
By using the LMS, you represent and warrant that: (1) all information you submit to SRS in order to gain access to the LMS will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the LMS through automated, non-human or other unauthorized means, whether through a bot, script, or otherwise; (6) you will not use the LMS for any illegal or unauthorized purpose; and (7) your use of the LMS will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, SRS have the right to suspend or terminate your access to the LMS and refuse any and all current or future use thereof.
I. DISCLAIMER/LIMITATIONS OF LIABILITY
Please read this Section carefully as it sets out the limits of SRS’s liability to you in relation to your use of the LMS.
To the extent permitted by law, SRS excludes all conditions, warranties, representations or other terms which may apply to the LMS or any Content therein, whether express or implied. The LMS is provided on an £AS-IS" and "AS-AVAILABLE" basis, without warranty of any kind.
Please note that SRS only provides the LMS for private, research, reference and educational use by healthcare professionals. You agree that your use of the LMS is at your sole risk to the fullest extent permitted by law. You further agree that neither SRS nor any of its directors, officers, employees, agents or contractors will have any liability to you or any of your affiliates for any loss of profit, loss of business, business interruption, or loss of business opportunity.
SRS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SRS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND SRS WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF SRS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
For purposes of clarity, SRS has no responsibility for, makes no representation about, and does not warrant that (a) any Content, data, information or material will be error free and you acknowledge that the Content uploaded to or otherwise on the LMS may include inaccuracies or errors; or (b) any of the Content uploaded by you or any other user to or otherwise on the LMS is suitable for any purpose. Subject to the first paragraph under this Section, in no event shall SRS (or any of its directors, officers, employees, agents or contractors) be liable to you or to any other user for any direct, indirect, incidental, exemplary, special, consequential or other loss or damage, whether arising in contract, tort (including negligence or breach of statutory duty), or otherwise, even if we, or any of SRS’s directors, officers, employees, agents or contractors have been advised of the possibility of such damages, arising under or in connection with:
- use of, or inability to use, the LMS;
- use of or reliance on any data, Content uploaded to or displayed on the LMS (regardless of the origins of such Content); or
- any Content obtained through the LMS, or otherwise arising out of the use of the LMS.
Notwithstanding anything to the contrary contained herein, SRS’s liability (and that of its directors, officers, employees, agents and contractors) for any damages or losses suffered arising out of, or in connection with, your use of the LMS or the uploading of Content thereto, whether in contract, tort (including negligence or breach of statutory duty), or otherwise is limited to the lesser of: (i) the total value of the relevant transaction (if any) under which the claim arises for any one event or series of connected events, or (ii) the sum of one thousand Dollars ($1,000).
Further, SRS will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the LMS or to your downloading of any Content on it, or on any website linked to it.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold SRS harmless, including its subsidiaries, affiliates, and all of its directors, officers, employees, agents and contractors, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, including, but not limited to third party claims, due to or arising out of: (1) your accessing or use of the LMS; (2) breach of these Terms and Conditions of Use; (3) your violation of the rights of a third party, including but not limited to intellectual property or privacy rights; or (4) any overt harmful act toward any other user of the LMS. Notwithstanding the foregoing, SRS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SRS, and you agree to cooperate, at your expense, with SRS’s defense of such claims.
SRS does not warranty, represent or guarantee that the LMS will be secure or free from bugs or viruses and you should use your own, up-to-date, virus protection software. You must not misuse the LMS by knowingly introducing viruses, worms, or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the LMS, the server on which the LMS is stored or any server, computer or LMS connected to the LMS. SRS will report any such breach to the relevant law enforcement authorities and SRS will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the LMS will cease immediately.
2. Choice of Law and Jurisdiction
Please note that these Terms and Conditions of Use, and the agreement which exists between us under the Terms and Conditions of Use, its subject matter and its formation, are governed by United States federal law and, as the state of Wisconsin, as applicable. You and SRS both agree that the federal and state courts having jurisdiction over SRS’s principal place of business in Milwaukee, Wisconsin will have exclusive jurisdiction over any disputes or claims which might arise.
Use of the LMS is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use, including, without limitation, this paragraph.
SRS reserves the right to change these Terms and Conditions of Use (and any other terms, conditions, and notices) under which the LMS is offered.
If any part of these Terms and Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
SRS reserves the right to freely assign, or otherwise transfer, any of its rights or obligations under these Terms and Conditions of Use to any third party at its discretion.
Any provision of these Terms and Conditions of Use that expressly or by implication is intended to come into, or continue in, force on or after termination of your right to use the LMS shall remain in full force and effect, including, any licenses granted by you in respect of any uploaded Content and the provisions of the section titled Limitations of Liability.
SRS will not be in breach of any of its obligations under these Terms and Conditions of Use (or otherwise liable for any failure or delay in performance) if SRS is prevented, hindered or delayed in, or from, performing any of SRS’s obligations by any event beyond SRS’s reasonable control. The time for performance of such obligations shall be extended accordingly.
No failure or delay by us to exercise any right or remedy provided under these Terms and Conditions of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Any rights not expressly granted herein are reserved.
The trademarks SCOLIOSIS RESEARCH SOCIETY, SRS and the SRS logo are trademarks of SRS and SRS has exclusive ownership of them. They may not be used without the prior written permission of SRS.
6. Contact Us
To contact us, please contact:
Scoliosis Research Society
555 E Wells St, Suite 1100
Milwaukee, WI 53202
+1 (414) 289-9107
You acknowledge that SRS has made the LMS available to you in reliance upon these Terms and Conditions of Use, and in particular, the Disclaimer/Limitations of Liability set forth above.