Anesthesia HQ
User Agreement (the "User Agreement")
Welcome to the
web site (the "Site") for Anesthesia HQ ("we,"
"our," "us," or "Anesthesia HQ"), a division of
the Sock Lake Group, LLC (collectively, the "Business"). This User
Agreement, including our Privacy Policy (as defined below), governs your use of
the Site. Please read this User
Agreement carefully, because by viewing, visiting or using the Site, you agree
to adhere to and follow its rules. From time to time we may modify, amend, and
supplement these rules. We will notify you of any material change by posting a
notice on the Site. Your continued use of the Site after any modification,
supplement, or amendment indicates your agreement to the new terms.
Privacy Policy
Please review
our Privacy Policy, which is a part of this User Agreement and describes how
Anesthesia HQ handles any and all personally identifying information collected
from visitors to, and users of, the Site.
Copyright
Copyright on the
Site and all materials used or included in it is owned by or licensed to the
Business and all rights are reserved. You must abide by all copyright notices
and restrictions contained on the Site. You may not copy, distribute, enter
into a database, display, perform, create derivative works of, transmit, or
otherwise use any materials from this Site (including computer programs or
other code) ("Site Materials"). The computer software, artwork and other components included in the Anesthesia HQ Service are the copyrighted property of the Business and Anesthesia HQ. The Anesthesia HQ Service is not sold to you, and Anesthesia HQ owns all copyright, trade secret, patent and other proprietary rights in the Anesthesia HQ Service. You may not: (a) copy, distribute, rent, loan, lease or sublicense all or any portion of the Anesthesia HQ Service; (b) modify, translate, distribute or prepare derivative works of the Anesthesia HQ Service or the accompanying documentation; (c) reverse engineer, decompile or disassemble the Anesthesia HQ Service or the accompanying documentation; or (d) remove any proprietary notices, labels, or marks on the Anesthesia HQ Service and accompanying documentation. You may not transfer the Anesthesia HQ Service. Your account and license is automatically terminated if you transfer the Anesthesia HQ Service. THIS ACCOUNT AND LICENSE IS NOT A SALE. TITLE AND COPYRIGHTS TO THE Anesthesia HQ Service AND ANY ACCOMPANYING DOCUMENTATION REMAIN WITH ANESTHESIA HQ OR ITS LICENSORS, AS THE CASE MAY BE.
Trademarks
The following
marks are the trademarks of the Business: Anesthesia HQ; anesthesiahq.com;
Current. Concise. Comprehensive.; myAnesthesiaHQ; myanesthesiahq.com; Ultimate
Study Guide; AHQ Bank; Sock Lake Group, LLC;
(collectively, the "Trademarks"). You may not use the Trademarks in connection with any product
or service that does not belong to us, or in any manner that is likely to cause
confusion among users about whether we are the source, sponsor, or endorser of
the product or service, or in any manner that in any way disparages, damages,
or discredits us, the Site, or the Business.
User Conduct
You may not
republish, upload, post, transmit or distribute content available through the
Service to online bulletin boards, message boards, newsgroups, chat rooms, or
in other any manner, without our prior written permission. Modification of the
content or use of the content for any purpose other than your own personal,
noncommercial use is a violation of our copyright and other proprietary rights,
and can subject you to legal liability.
In addition, in
connection with your use of the Service, you agree not to:
* Restrict or inhibit any
other visitor from using the Service, including, without limitation, by means
of "hacking" or defacing any portion of any of our web sites;
* Use the Service for any
unlawful purpose;
* Express or imply that any
statements you make are endorsed by us, without our prior written consent;
* Modify, adapt,
sublicense, translate, sell, reverse engineer, decompile or disassemble any
portion of the Service or any of our web sites;
* "Frame" or
"mirror" any content available through the Service or any of our web
sites without our prior written authorization;
* Use any robot, spider,
site search/retrieval application, or other manual or automatic device or
process to download, retrieve, index, "data mine," or in any way
reproduce or circumvent the navigational structure or presentation of the
content available through the Service or any of our web sites; or
* Harvest or collect
information about users of the Service without their express consent.
You also agree
to comply with all applicable laws, rules and regulations in connection with
your use of the Service and the content made available therein.
Links, Frames,
and Metatags
You may link to
the home page of the Site as long as the link does not cast us in a false or
misleading light. You may not frame the content of the Site. You may not use
metatags or any other "hidden text" that incorporates the Trademarks
or our name without our express written consent.
Links to Other
Web Sites
The Site
contains links to the web sites maintained by the Business and its
subsidiaries, affiliates, or divisions, if any. Please note that such web sites
are governed by its own user agreement and privacy policy, which may be
different in some respects from the User Agreement and Privacy Policy governing
the Site. If you visit another web site belonging to the Business, be sure to
read the applicable user agreement and privacy policy so that you understand
the rules that govern your use of that particular web site.
Software
The Anesthesia HQ
and myAnesthesiaHQ software has been tested with a wide range of computer
configurations; however, due to the rapidly evolving computer technology and
unpredictability of various factors affecting computer systems, the Business
does not guarantee the functionality of its Software on every configuration,
nor does Business guarantee predictable behavior of the software. You recognize
all the above terms, and accept that use of the Business software on your
system is done solely at your own risk. You will not be allowed multiple
simultaneous access to the subscription portions of the website with one user
name and password.
Disclaimer,
Limitation of Liability, and Indemnity
THIS SITE AND
THE INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED
HEREIN (COLLECTIVELY THE "CONTENTS") ARE PROVIDED ON AN "AS
IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. ANESTHESIA
HQ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE
CONTENTS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
THE INFORMATION
CONTAINED ON THIS SITE IS ONLY TO BE USED AS A STUDY AIDE IN PREPARATION FOR
THE ANESTHESIA BOARD EXAMS. SUCH INFORMATION IS NOT TO REPLACE ANY MEDICAL EDUCATION,
CLINICAL EXPERIENCES, OR THE STUDY OF TEXTBOOKS AND MEDICAL JOURNALS. THE
ACTUAL USE OF THIS INFORMATION, INCLUDING ANY MEDICAL CONCEPTS, FACTS, DRUG
DOSAGES, AND METHODS, THEREFORE IS AT THE USER'S OWN RISK. WE ASSUME NO
RESPONSIBILITY FOR ANY INJURY OR DAMAGES TO ANY PERSON OR PROPERTY THAT MAY
RESULT FROM SUCH RELIANCE ON OR USE OF ANY OF THIS INFORMATION.
ALL CONTENT AND
MATERIALS PROVIDED BY THE SOCK LAKE GROUP, LLC AND ANESTHESIA HQ ARE INTENDED
FOR USE AS PREPARATION AIDS FOR THE BOARD CERTIFICATION EXAMINATIONS. WE CANNOT
GUARANTEE THAT YOUR USE OF SUCH CONTENT AND MATERIALS PROVIDED WILL ASSURE
SUCCESS ON THE BOARD CERTIFICATION EXAMINATIONS.
EXCEPT AS MAY BE
EXPRESSLY STATED ON THIS SITE, NEITHER ANESTHESIA HQ NOR ANY OF ITS OFFICERS,
DIRECTORS, MEMBERS, EMPLOYEES OR OTHER AUTHORIZED REPRESENTATIVES SHALL BE
LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THIS SITE, OR THE INFORMATION OR CONTENTS AVAILABLE FROM THIS
SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL
DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT,
INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR
DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
THE CONTENTS OF THIS
SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE. ANESTHESIA HQ MAY MAKE
IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THIS SITE, THE
CONTENTS HEREOF, AND THE PRODUCTS AND SOFTWARE DESCRIBED HEREIN AT ANY TIME
WITHOUT NOTICE. WE CANNOT GUARANTEE THAT YOUR USE OF THE REVIEW MATERIAL
PROVIDED BY US WILL ASSURE SUCCESS ON THE ANESTHESIA BOARD EXAMINATIONS.
ANESTHESIA
HQ AND THE SOCK LAKE GROUP, LLC CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH
ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM A THIRD PARTY. WE DO NOT
ENDORSE ANY PRODUCT OR SERVICE OR ITS APPROPRIATENESS OFFERED BY ANY THIRD
PARTY. WE HAVE NOT TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF ANY
OF THE INFORMATION CONTAINED ON ANY THIRD PARTY'S SITE.
ANESTHESIA
HQ AND THE SOCK LAKE GROUP, LLC MAKES NO WARRANTIES OR REPRESENTATIONS AS TO
INFORMATION PROVIDED BY THIRD PARTIES OR TO THE PERFORMANCE OR MERCHANTABILITY
OF THE PRODUCTS OR SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL
IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. WE DO NOT MAKE ANY REPRESENTATIONS
OR WARRANTIES AS TO THE PRIVACY OR SECURITY OF ANY INFORMATION (INCLUDING
CREDIT CARD AND OTHER PERSONALLY IDENTIFIABLE INFORMATION) YOU MAY BE REQUESTED
TO GIVE A THIRD PARTY.
YOU AGREE TO
INDEMNIFY, DEFEND, AND HOLD HARMLESS ANESTHESIA HQ AND THE SOCK LAKE GROUP,
LLC, ITS SUBSIDIARIES AND AFFILIATES, AND THE OFFICERS, MEMBERS, DIRECTORS,
EMPLOYEES, AND AGENTS OF THE SOCK LAKE GROUP, LLC AND ITS SUBSIDIARIES AND
AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES,
OR EXPENSES, INCLUDING ATTORNEY'S FEES AND COSTS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH YOUR ACCESS TO OR USE OF THIS SITE
Proprietary
Rights
By posting,
sending or transmitting to us creative suggestions, ideas, notes, concepts,
information, or other materials (collectively, "Materials"), you
grant us and our designees a worldwide, non-exclusive, sublicensable (through
multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use,
reproduce, distribute (through multiple tiers), create derivative works of,
publicly perform, publicly display, digitally perform, make, have made, sell,
offer for sale and import such Materials in any media now known or hereafter
developed, for any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the Materials. None of the Materials disclosed
in any part of the Service 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 Materials.
You acknowledge and agree that the Anesthesia HQ Service and any necessary software used in connection with the Anesthesia HQ Service contain proprietary and confidential information that are 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 Anesthesia HQ Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Governing Law
This User
Agreement will be governed by the laws of the State of Minnesota applicable to
contracts made and performed there without regard to its conflicts of law
principles. You agree to submit to the exclusive jurisdiction of the state and
federal courts sitting in the State of Minnesota and Ramsey County, Minnesota
and waive any jurisdictional, venue, or inconvenient forum objections to such
courts.
Termination
We reserve the
right to suspend the Site or terminate this User Agreement at any time without
notice for any reason, including, in the case of the User Agreement, for your
violation of any of its provisions. The Disclaimer and Limitation of Liability
and Governing Law sections of this User Agreement shall survive any such
termination.
Severability
If any provision
of this User Agreement is deemed unlawful, void or for any reason
unenforceable, then that provision will be deemed severable from this User
Agreement and will not affect the validity and enforceability of the remaining
provisions. This User Agreement represents the entire agreement between
AnesthesiaHQ and the user relating to the subject matter herein.
Restriction and Modification of Service
You agree that Anesthesia HQ may limit your use of the Anesthesia HQ Service, including without limitation the frequency and duration for which you may access the Anesthesia HQ Service, and that Anesthesia HQ has no responsibility or liability for any unavailability or limitation on use of the Anesthesia HQ Service. In addition, Anesthesia HQ reserves the right at any time to modify, limit access to, change the characteristics of or discontinue the Anesthesia HQ Service (or any part thereof) with or without notice. You agree that Anesthesia HQ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Anesthesia HQ Service.
Privacy Policy
Your privacy is
very important to us and we are committed to protecting it. We understand that
you need to be in control of your personal data. This Privacy Policy explains
the manner in which the Site assists the Business in collecting personal data
from you and the purpose for that collection. This Privacy Policy is designed
to ensure that you are aware of how your personal data is being used and to
provide you with choices about that use.
By visiting or
using the Site or submitting your personal data, you accept the terms described
in this Privacy Policy. From time to time we may modify, supplement, or amend
these rules. We will notify you of any material change by posting a notice on
the Site. Your visiting or continued use of the Site after any modification,
supplement, or amendment indicates your agreement to the new terms regardless
of whether you actually read the new terms of this Privacy Policy or the User
Agreement.
Links to Other
Web Sites
The Site
contains links to other web sites maintained by the Business. Please note that each of the Business's
other web sites are governed by its own user agreement and privacy policy,
which may be different in some respects from the Privacy Policy governing the
Site. For example, the Business may collect different personal data and use it
for different purposes than the collection and use described in this Privacy
Policy.
If you visit
another Web site belonging to the Business, be sure to read that Business's
privacy policy, so that you understand what data the Business may collect from
you and how it will be used.
Please note that
this Privacy Policy will not apply to your independent relationships with other
companies that from time to time may offer you products and services on the
Business sites. Those companies' privacy policies will govern how they collect,
use and disclose personal information that you provide to them.
Collection and
Use of Personal Data
We may collect personally-identifying information through this Site
except when you sign up for a membership with, or make a purchase from, the
Site. In such circumstances, we
will use your personally-identifying information only for that specific
purpose. From time to time, information such as email, mailing information, and your name may be shared with our partners. In addition, we offer
links to other web sites of the Business, through which you may provide
personal data. We are concerned with the security of your personal data. The
Site and the Business has put in place measures to keep your personal data
secure. To learn more about these security measures, please check the privacy
policy posted on the web site for the Business to which you have submitted your
data.
Currently, we do
not require users and visitors to subscribe to AnesthesiaHQ in order to have
access to the free areas of our web site, anesthesiahq.com.
Subscription
Services
If you'd like
access to one or more of our premium subscription-based services, you first
must register as a subscriber of AnesthesiaHQ.com. You'll have to pick a unique
User Name and Password along with providing us with the information specified
to activate your paid subscription.
Anonymous
Information
We may collect
anonymous data when you visit most pages on the Site. Your visit may
automatically provide us with data that is not linked to your personal
information, such as your IP (Internet Protocol) address, browser type,
operating system, domain name, access times, and referring web site addresses.
Some parts of the Site use embedded pixel technologies to facilitate your use
of the web site and to track general traffic.
We may use your
anonymous data to obtain general statistics regarding the use of the Site and
its specific web pages and to evaluate how our visitors use and navigate the
Site on an aggregate basis. We do not link your anonymous data with personal
data.
You agree, as a condition of your use of the Anesthesia HQ Service, to provide Anesthesia HQ with accurate and complete information when registering for the Anesthesia HQ Service. Anesthesia HQ has the right to suspend, restrict or terminate your use of the Anesthesia HQ Service and to refuse any future use of the Anesthesia HQ Service (or any portion of the Anesthesia HQ Service) if Anesthesia HQ has reason to believe that you have failed to comply with these requirements.
Email and Marketing Lists
From time to
time, we obtain lists of people who may be interested in our products and
services from third-party marketing list suppliers. You may be on our emailing
(regular mail) list after you provide us your information via email, regular
mail, or after purchasing goods from us.
We use these lists to send direct marketing promotions by mail or by
email.
Cautions on Logging Out
By logging
out from your registered user account, you will decrease the chance of having
your personal information viewed by other users with access to that
computer. You should never share
your user name or password with anyone else. Your password should be unique and frequently changed.
Security
The Business
limits access to personal information about you to those employees, partners,
and affiliates whom we determine need access to that information to provide
products or services to you.
However, no security system is impenetrable. We cannot guarantee the
security of our servers, nor can we guarantee that information that users
supply will not be intercepted while being transmitted to us over the Internet.
When you are registered, you will receive an account identifier and a password. You are responsible for protecting the confidentiality of your password and account identifier, and are fully responsible for all activities that occur under your password or account identifier. You agree (a) to immediately notify Anesthesia HQ of any loss, compromise or unauthorized use of your password or account identifier or any other breach of security, and (b) to exit from your account when you conclude each session. You may notify Anesthesia HQ by sending an email anesthesiahq@me.com. Anesthesia HQ will not be liable for any loss or damage of any kind should you fail to comply with these requirements.
Questions about
Data Collection and Processing
You may ask
questions about the data you have submitted through the Site by using the
information below to contact the Business to whom you submitted your
Application Data. For more general inquiries about the data collection
practices of the Business, check the privacy policy on the particular
Business's web site.
Questions or
comments regarding this policy should be directed to info"AT"anesthesiahq"DOT"com. The
Sock Lake Group, LLC reserves the right to modify this policy.
Last revised: May 11, 2009
