A. SMA NETWORK TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND SOUTHERN MEDICAL ASSOCIATION (“SMA”) GOVERNS YOUR USE OF THE SMA NETWORK (“SMA NETWORK”).
THE SMA NETWORK
SMA is the provider of the SMA Network, which permits you to purchase or rent digital content (“SMA Content” or “SMA Products”) for end user use only under the terms and conditions set forth in this Agreement. The SMA Network shall be deemed to refer to any sites or domains owned or controlled by SMA or its affiliates, including SMA.org, smartmeded.org, smartcommunity.org, and http://journals.lww.com/smajournalonline/pages/default.aspx
REQUIREMENTS FOR USE OF THE SMA NETWORK
The SMA Network is intended for use by individuals aged 18 years or older.
You acknowledge and agree that the SMA Network shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to countries which the United States, Switzerland, and /or the European Union maintains an embargo. By using the SMA Network, you represent that you are not located in, under the control of, or a national or resident of an embargoed country. You are solely responsible for compliance with all applicable laws, including without limitation, export and import regulations of other countries with respect to your use of the SMA Network and SMA Products.
Use of the SMA Network requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the SMA Network and may be required for certain transactions or features and to download SMA Network content previously purchased from the SMA Network. You agree that meeting these requirements, which may change from time to time, is your responsibility. The SMA Network is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the SMA Network.
As a registered user of the SMA Network, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify SMA of any security breach of your Account. SMA shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download SMA Products from the SMA Network, you must enter your SMA User Name and password to authenticate your Account. Once you have authenticated your Account, you will not need to authenticate again.
You agree to provide accurate and complete information when you register with, and as you use, the SMA Network and you agree to update your SMA Account data to keep it accurate and complete. You agree that SMA may store and use your SMA Account data you provide for use in maintaining and billing fees to your Account.
When you use the SMA Network, you may provide SMA with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and website use information collected on an aggregate basis as you and others use the SMA Network.
You may voluntarily provide SMA personally identifiable information. If you choose to correspond with SMA through email, SMA may retain the content of your email messages together with your email address and SMA’s responses. Email is not recognized as a secure medium of communication. You should not send private or confidential information to SMA by email or otherwise in connection with the SMA Network.
Similar to other commercial websites, the SMA Network utilizes a standard technology called “cookies” (see explanation below) and Web server logs to collect information about how the SMA Network is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at the SMA Network, and the websites visited just before and just after the SMA Network. SMA uses personal information for purposes of enhancing or modifying the SMA Network, administering and expanding SMA’s business activities or responding to inquiries.
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.
SMA generally does not share information collected with third parties but reserves the right to do so.
SMA may disclose your personal information if required to do so by law or subpoena or if SMA believes that such action is necessary to (a) conform to the law or comply with legal process served on SMA or parties affiliated with SMA; (b) protect and defend SMA’s rights and property, the SMA Network, the users of the SMA Network, and/or SMA’s affiliated parties; and/or (c) act under circumstances to protect the safety of users of the SMA Network, SMA, or third parties.
SMA reserves the right to change content options (including eligibility for particular features) without notice.
USE OF PURCHASED OR RENTED CONTENT
You agree that the SMA Network and certain SMA Products include security technology that limits your use of SMA Products and that, whether or not SMA Products are limited by security technology, you shall use SMA Products in compliance with the applicable usage rules established by SMA and its licensors (“Usage Rules”), and that any other use of the SMA Products may constitute a copyright infringement. Any security technology is an inseparable part of the SMA Products. SMA reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason””or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by SMA for compliance purposes, and SMA reserves the right to enforce the Usage Rules without notice to you. You agree not to access the SMA Network by any means other than through software that is provided or approved by SMA for accessing the SMA Network. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the SMA Network. Violations of system or network security may result in civil or criminal liability.
(i) You shall be authorized to use SMA Network only for individual personal, noncommercial use.
(ii) The delivery of SMA Content does not transfer to you any commercial or promotional use rights.
(iii) Distribution or sharing of any protected content without express written consent is not permitted
You acknowledge that, because some aspects of the SMA Network and administration of the Usage Rules entails the ongoing involvement of SMA, if SMA changes any part of or discontinues the SMA Network, which SMA may do at its election, you may not be able to use SMA Network to the same extent as prior to such change or discontinuation, and that SMA shall have no liability to you in such case.
SUBMISSIONS TO THE SMA NETWORK
The SMA Network may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the SMA Network accessible and viewable by other Account holders, users and administrators of the SMA Network. You agree that any use by you of such features, including any information or materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the SMA Network. You hereby grant SMA and its affiliates a worldwide, royalty-free, nonexclusive license to use such materials as part of the SMA Network, and in relation to SMA Network, without any compensation or obligation to you. SMA reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
SMA has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the SMA Network, to investigate any reported or apparent violation of this Agreement, and to take any action that SMA in its sole discretion deems appropriate, including, without limitation, termination hereunder.
Certain content and services available via the SMA Network may include materials from third parties. SMA may provide links to third-party websites as a convenience to you. You agree that SMA is not responsible for examining or evaluating the content or accuracy and SMA does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that SMA is not in any way responsible for any such use by you.
B. SMA NETWORK TERMS OF SALE AND USE
PAYMENTS, TAXES, AND REFUND POLICY
The SMA Network accepts these forms of payment: credit cards issued by U.S. banks, and payments through your PayPal account.
You agree that you will pay for all products you purchase through the SMA Network, and that SMA may charge your credit card or PayPal account for any SMA Products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SMA WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account you designate during the purchase process.
Your total price will include the price of the SMA Product plus any applicable sales tax; such sales tax is based on the bill to address and the sales tax rate in effect at the time you download the SMA Product. We will charge tax only in states where digital goods are taxable.
All sales and rentals of products are final.
Prices for products offered via the SMA Network may change at any time, and the SMA Network does not provide price protection or refunds in the event of a price reduction or promotional offering.
If a SMA Product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your SMA Product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by SMA.
GIFT CERTIFICATES AND COUPON CODES
Gift certificates and coupon codes are not redeemable for cash and cannot be returned for a cash refund, exchanged, resold, used to purchase gifts, gift certificates, used to provide allowances, or used for purchases on the SMA Network. Unused balances are not transferable.
SMA is not responsible for lost or stolen gift certificates or coupon codes.
SMA reserves the right to close accounts and request alternative forms of payment if a gift certificate or coupon code is fraudulently obtained or used on the SMA Network.
SMA, AND OUR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, COUPON CODES, OR THE SMA NETWORK, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE OR COUPON CODE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE OR COUPON CODE.
C. GENERAL TERMS AND CONDITIONS
Your use of the SMA Network includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
SMA is not responsible for typographical errors.
You understand that by using the SMA Network, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having graphic or explicit material. Nevertheless, you agree to use the SMA Network at your sole risk and SMA shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. SMA Product types and descriptions are provided for convenience, and you agree that SMA does not guarantee their accuracy.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain during your use of the SMA Products offered through the SMA Network, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products offered through the SMA Network if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products.
You agree that the SMA Network, including but not limited to SMA Network graphics, user interface, audio clips, video clips, content, and the scripts and software used to implement the SMA Network, contains proprietary information and material that is owned by SMA and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the SMA Network in compliance with this Agreement. No portion of the SMA Network may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the SMA Network in any manner, and you shall not exploit the SMA Network in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, SMA and its licensors reserve the right to change, suspend, remove, or disable access to any SMA Network, content, or other materials comprising a part of the SMA Network at any time without notice. In no event will SMA be liable for making these changes. SMA may also impose limits on the use of or access to certain features or portions of the SMA Network, in any case and without notice or liability.
All copyrights in and to the SMA Network (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by SMA and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SMA NETWORK, EXCEPT FOR USE OF THE SMA NETWORK AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
SMA, the SMA logo and other SMA trademarks, service marks, graphics, and logos used in connection with the SMA Network are trademarks of SMA in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the SMA Network may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
If you fail, or SMA suspects that you have failed, to comply with any of the provisions of this Agreement, SMA, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the SMA Network (or any part thereof).
SMA reserves the right to modify, suspend, or discontinue the SMA Network (or any part or content thereof) at any time with or without notice to you, and SMA will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
SMA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SMA NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SMA MAY REMOVE THE SMA NETWORK FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SMA NETWORK AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SMA NETWORK IS AT YOUR SOLE RISK. THE SMA NETWORK AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SMA NETWORK ARE (EXCEPT AS EXPRESSLY STATED BY SMA) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL SMA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SMA NETWORK OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SMA NETWORK, 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 (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SMA NETWORK, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SMA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
SMA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SMA NETWORK, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SMA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
SMA DOES NOT REPRESENT OR GUARANTEE THAT THE SMA NETWORK WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SMA DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY SMA NETWORK PURCHASED OR RENTED FROM THE SMA NETWORK.
WAIVER AND INDEMNITY
BY USING THE SMA NETWORK, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD SMA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SMA NETWORK, OR ANY ACTION TAKEN BY SMA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SMA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SMA NETWORK, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SMA’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
SMA reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the SMA Network. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the SMA Network will be deemed acceptance thereof.
THE SMA NETWORK DOES NOT PROVIDE MEDICAL ADVICE
The SMA Network and the SMA Products are for your general educational information only. The SMA Network does not provide any form of medical advice, professional services or recommendations, and the SMA Network does not provide a diagnosis or other recommendation for treatment. Always seek the advice of a qualified and licensed health care provider with any questions you have regarding a medical condition. DO NOT USE THE SMA NETWORK FOR EMERGENCY MEDICAL SERVICES.
Nothing on the SMA Network is intended to constitute (i) medical advice or counseling, (ii) the practice of medicine, including, without limitation, psychiatry, psychology, psychotherapy or the provision of health care diagnosis or treatment, (iii) the creation of a physician patient or clinical relationship, or (iv) an endorsement, recommendation or sponsorship of any third party product or service by SMA or any of its affiliates, agents, employees, consultants or service providers.
This Agreement constitutes the entire agreement between you and SMA and governs your use of the SMA Network, superseding any prior agreements between you and SMA. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. SMA’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. SMA will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The SMA Network is operated by SMA from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the SMA Network. All transactions on the SMA Network are governed by Alabama law, without giving effect to its conflict of law provisions. Your use of the SMA Network may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with SMA or relating in any way to your use of the SMA Network resides in the courts in the State of Alabama. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Alabama upon electronic transmission to the recipient. No SMA employee or agent has the authority to vary this Agreement. You may not use the SMA Network for any purpose or in any manner that violates the posting of any protected health information that would constitute an unauthorized use or disclosure under the Health Information Portability and Accountability Act of 1996, including, without limitation, its implementing regulations or any applicable state laws or regulations.
SMA may notify you with respect to the SMA Network by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the SMA Network. Notices shall become effective immediately.