User Terms and Condition
The Aqueduct Web site (“Site”) is owned and operated by Aquifer, Inc., a 501(c)(3) established under the laws of the State of New Hampshire. Aquifer owns and operates various courses across clinical disciplines which include virtual patient cases designed to teach didactic topics, curriculum and clinical reasoning.
Aquifer also makes available content from New York University (NYU).
Aqueduct Site User Terms and Conditions
Aquifer, in consideration of payment of the applicable subscription fee, and acceptance of these Terms and Conditions, grants you a non-exclusive, non-transferable license and right during the applicable subscription period (as defined further below, the “Subscription Period”) to use and access the Aqueduct Site, subject to the limits below, the contents thereof, such as text, graphics, images, information, software and other material contained thereon (“Content”) in accordance with the applicable subscription terms.
DEMONSTRATION / TRIAL SUBSCRIBER: Subscription to demonstration cases permits individual to access to the demonstration cases that are packaged as an example of the paid content available. Trial subscriptions permit subscribers to access full breadth of contents in a single course for a limited time period for evaluation. Aquifer reserves the right to change or remove specific content from this package at our sole discretion.
INDIVIDUAL SUBSCRIBER: An individual subscription permits one individual (the “Individual Subscriber”) to access and use the Site and the Accessible Content or by using his or her unique user name and password to access the Site and Content from any location via the Internet for the Subscription Period of the individual subscriber.
INSTITUTIONAL SUBSCRIPTION: An Institutional Subscription permits individuals (the “Authorized Users”) who are studying at, employed by or otherwise affiliated with the relevant subscribing institution (the “Subscribing Institution”) to access and use the Site and Content, but only for the clinical, educational or research purposes of the Institution and only during (i) the Subscription Period of the Subscribing Institution or (ii) the earlier termination of the Authorized User’s affiliation with the Subscribing Institution. The Subscription Period of an Institutional Subscriber will depend upon the agreement between the Subscribing Institution and Aquifer but is ordinarily for one year.
2. OWNERSHIP AND CHANGES TO CONTENT
The Site and the Content, including without limitation all copyrights and other intellectual property rights therein, are the sole and exclusive property of Aquifer or its suppliers and licensors. By indicating that you accept these terms, you do not become the owner of the Site or the Content, but are entitled to use them according to the terms of these Terms and Conditions. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of such Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Aquifer. All rights not expressly granted herein are reserved to Aquifer and its licensors.
3. PERMITTED USES
During the relevant Subscription Period, you may use, view, download a single copy of the material made available over the Sites or print materials made available over the Sites for your own non-commercial personal, educational, clinical or research use or, if you are a faculty member employed by an Institutional Subscriber or a pilot test school, in connection with your duties teaching healthcare professionals for that Subscriber, provided as follows:
- Any printed or downloaded materials include a source reference to all copyright and other proprietary rights notices that are contained in the Content;
- You do not print more copies of any of the materials than you may reasonably use for your permitted uses during the Subscription Period and or pilot test period.
- Notwithstanding the above, you understand and agree that the Sites contains certain areas (“Restricted Areas”) and Content (“Restricted Content”), including software, to which access is limited either to Aquifer and its agents or to certain special categories of users and subscribers. Special rules for use of these areas and this Content may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. You will not use or access Restricted Areas or use, download, view or print Restricted Content unless otherwise specifically authorized by Aquifer.
4. PROHIBITED USES
Except as expressly permitted in these Terms and Conditions, any copying, distribution or modification of the Site(s) or the Content is strictly prohibited. No part of the Site(s) or the Content may be copied for resale or other commercial use, or posted on any public bulletin boards, Web sites, Internet domains, or online chat rooms. No part of the Site(s) or the Content may be reverse engineered or included in other software. Aquifer reserves the right to electronically monitor compliance with these Terms and Conditions, and reserves the right in its sole discretion to change and or cancel an individual’s username and password or to disable an IP address without notice in the event of multiple concurrent logins, excessive search quantities or excessive download traffic volumes. In no event shall you:
- Use the Site(s) for any purpose in violation of local, state, national, or international laws;
- Remove copyright notices on any Content downloaded from the Site(s);
- Post or upload material to the Site(s) that infringes on the intellectual property rights of others or on the privacy or publicity rights of others or that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
- Post or upload any spam, advertisements, solicitations of business, chain letters or pyramid schemes;
- Impersonate or log-in as any other person;
- Allow any other person or entity to use your password or identification for using, viewing or uploading material to the Site(s);
- Distribute or upload viruses, worms, Trojan horses, spyware or other harmful or disabling computer code to or through the Site(s); or
- Bypass or attempt to bypass or disable any security features of the Site(s), including, without limitation, those controlling downloading and printing material or Content from the Site(s).
Undertaking any of the preceding actions shall constitute a material breach of these Terms and Conditions and Aquifer shall have the right to immediately terminate the license granted to you herein and your use of the Site(s).
5. SUBSCRIPTION TERM
You have obtained the right to use and access the Site(s) and the Content for a specific limited period of time, i.e., the subscription period and/or pilot test period for which you or your Institutional Subscriber and/or Institutional pilot test school have or has agreed to pay subscription fees or agreed to pilot test. At the end of this period, your license and your associated rights, such as technical support, will expire automatically, unless you or your Institutional Subscriber have or has renewed your subscription on Aquifer’s then-current terms. Your license to use the Site(s) and the Content will also terminate if: (i) you fail to comply with any term or condition in these Terms and Conditions; (ii) if you are an Authorized User that ceases to be affiliated with your Institutional Subscriber; or (iii) you cease to be a healthcare professional or a student in a healthcare field as represented in Section 9 below. *For pilot testing, Aquifer determines the end of the period at which time institutions will then move to a subscription model.
6. EDUCATIONAL USE ONLY; NOT INTENDED FOR CLINICAL DECISION-MAKING
Aquifer cases and the materials on the Site(s) are provided for educational purposes only. All Aquifer cases are fictitious examples created for teaching purposes. Aquifer cases are not intended for use in actual clinical decision-making, and in no case should be substituted for the advice of a qualified health care professional. Treatment portrayed as correct in an Aquifer case may not be the correct treatment for a similar patient. While we make every attempt to keep the content of Aquifer current, the cases cannot always reflect every change or nuance in medical practice.
Disclaimer: The NYU School of Medicine and NYU Health Center’s World Wide Web pages aim to provide general information about the topics they present. They are not intended to make statements concerning the official policies and practices of the institutions unless stated otherwise. A considerable effort has been made in good faith to ensure that material accessible from this site is accurate. Despite this effort, it is clear that errors are inevitable. Consequently no guarantees are expressed or implied as to the accuracy, timeliness, currency or completeness of any information authored by persons at or agents of NYU or its affiliates, or accessible using links from this site. Nor is any warranty made that the information obtained from this site or that of an affiliate is valuable or useful for any purpose. A reader assumes full responsibility for any actions taken based on information obtained from this web site. In particular, we emphasize that the information available through this site should not be interpreted as medical or professional advice. All medical information, from this or any other source, needs carefully to be reviewed with your trusted health-care provider before being acted upon in any way.
7. DISCLAIMER OF WARRANTY
The use of the Aquifer and Aqueduct Site and the Content are at your own risk.
NEITHER AQUIFER NOR ANY OTHER PARTY MAKES ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE SITE AND THE LICENSED MATERIALS.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL AQUIFER OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE SITE OR THE CONTENT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF DATA OR PROFITS, OR DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH, RESULTING FROM OR CONNECTED WITH ANY USE, MISUSE OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF AQUIFER OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AQUIFER OR SUCH OTHER PARTY’S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE SUBSCRIPTION FEE PAID BY YOU OR FOR YOU BY YOUR INSTITUTIONAL SUBSCRIBER FOR ACCESS TO AND USE OF THE SITE AND THE CONTENT.
Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Some jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law. You may also have other rights which vary from jurisdiction to jurisdiction. You agree that these Terms and Conditions shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
9. REPRESENTATION AND WARRANTY OF STATUS AS HEALTH CARE PROFESSIONAL
This Site and the content thereon may only be used by individuals over the age of 18 and involved in the studying, teaching or practice of medicine or another health care field, as further defined below. You represent and warrant to Aquifer that you are over 18 years old and you are either: (i) a student, resident physician or faculty member at a health sciences education institution (Medical, Nursing, Dental or other) or (ii) a practicing physician, nurse, physician assistant or other health professional. In addition, you agree to notify Aquifer within fifteen (15) days if, for any reason, your status changes so that you no longer fall into one of the above-described categories. In such case, your right to access the Site(s) and the WISE Site or use the content thereon shall terminate.
10. CHILDREN’S PRIVACY
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.
By submitting communications or content to the Site, you agree that such submission is non-confidential for all purposes. If you make any submission to the Site, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Aquifer a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Aquifer may sublicense its rights through multiple tiers of sublicenses.
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Aqueduct password or account and to promptly inform Aquifer of any need to deactivate a password. You grant Aquifer and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site.
Aquifer may provide links to third-party Web sites. Aquifer does not endorse the content on any third-party Web sites and is not responsible for the content of linked-to third-party sites.
You agree to defend, indemnify, and hold Aquifer, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
14. SEVERABILITY; WAIVER
If any provision of these Terms and Conditions is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. Aquifer’s waiver of any right shall not constitute a waiver of that or any other right in the future.
You expressly agree that exclusive jurisdiction for any dispute with Aquifer, or in any way relating to your use of Aqueduct, resides in the courts of the State of New Hampshire and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of New Hampshire in connection with any such dispute including any claim involving Aquifer or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
17. COMPLETE AGREEMENT
Other questions or comments regarding the Aqueduct Site, including any reports of non-functioning links, should be directed to email@example.com. We try to answer every email in a timely manner but are not always able to do so.
Should you have any questions regarding these Terms and Conditions, you may contact Aquifer at the email address or telephone numbers set forth below.
21 Lafayette Street
Lebanon, NH 03766
Telephone: (603) 727-7002