These Terms and Conditions (“Terms”) apply to and govern your access to and use of any website, mobile site or app, social media site, software, applications, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or services (collectively the “Service”), that are owned, operated, or provided by the International Society for Infectious Diseases, Inc. or its subsidiaries, divisions, and affiliates (“ISID”, “Society”, “we”, “our”, or “us”).

ISID offers the Service, including all information, tools, services, goods, and products available through the Service, to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein or incorporated by reference. Please read these Terms carefully before using our Service or making any transaction, order, or purchase. By making any transaction, order, or purchase or by visiting or otherwise using our Service, you acknowledge, accept, and agree to be bound and abide by these Terms. You also acknowledge, agree, and consent to our Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms or our Privacy Policy, then accessing the Service is strictly prohibited, and you must immediately exit.

By using the Service, you agree that you are at least the legal age of majority in the jurisdiction in which you reside or, if you are not, that you have obtained parental or guardian consent. The Service is predominantly offered and available to users who are at least eighteen (18) years of age or older; however, students who are at least thirteen (13) years old may access and use the Service with the consent, supervision, and involvement of a parent or legal guardian for strictly non-commercial, academic and research purposes. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) AND DO NOT OTHERWISE HAVE THE CONSENT OF A PARENT OR LEGAL GUARDIAN TO USE THE SERVICE, OR ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms.

THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICE, ARE LEGALLY BINDING, LIMIT ISID’S LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY ISID AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICE.

These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.

The Service and its entire contents, features, and functionality, including without limitation all information, copyrights, patents, trademarks, service marks, and trade names, as well as all data, logos, text, design, graphics, displays, video, logos, icons, images, audio, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively, the “Content”), are all proprietary and owned or controlled by ISID, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws to the fullest extent possible.

Only certain aspects of the Service and Content may be accessed and used for free, and in no event may any Service or Content accessed for free be used for commercial purposes. If you are accessing the Service or Content on a free basis, a limited, revocable, nontransferable license is granted to view the Content.This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to, and you are strictly prohibited from, downloading the Content (except as otherwise may be permitted by ISID), copying the Content, modifying the Content, using the Content for any commercial purpose without ISID’s prior express written consent, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of ISID or its licensors. You are further prohibited from using the Content on any other web site or in a networked computer environment for any purpose. You may not copy or adapt the HTML or other code that ISID uses to generate its pages. This code is also protected by ISID’s copyright and other intellectual property rights. This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by ISID at any time for any or no reason. Upon termination of this license, you must immediately stop accessing and using the Service and Content. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by ISID.

Any and all other access to or use of the Service or Content, including paid access to the Service and commercial use of the Content, shall be governed by separate licensing terms and conditions.

Trademarks

ISID owns and uses several trademarks on the Service, including but not limited to PROMED-MAIL, and all related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of the ISID. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

Some features of the Service may require you to make certain payments. Any fees that ISID may charge you for your use of or access to the Service are due immediately when charged by ISID. ISID reserves the right to determine and change any payment term, rate, mechanism, or structure at any time with notice to you. By confirming your purchase at the end of the checkout process, you agree to accept and pay all costs and fees as well as all applicable taxes and currency conversion fees.

ISID may use third party services to process payments, which have their own separate terms of service. While ISID will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, ISID expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold ISID harmless for any damages that may result therefrom.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your account. In addition, verification of information may be required prior to the acknowledgment or completion of any purchase or transaction. We reserve the right to refuse or cancel any purchase or transaction for any reason including limitations on availability, inaccuracies, or errors in service or pricing information, or other problems identified by us, such as fraud.

ISID may request a pre-authorization for some purchases made online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. We are not responsible for any fees or charges that your bank or credit card issuer may apply.

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

We reserve the right to withdraw or amend our Service at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

To access the Service, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

You are solely and fully responsible for all activities that occur under your username, password, or account. ISID may assume that any transaction, order, purchase, or communications it receives through your account have been made by you unless ISID receives prior notice otherwise. ISID expressly disclaims any liability from misuse of your account.

You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by the individual that is the subject of the account, and who is of the age of majority. We generally do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice.

YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, ORDERS, PAYMENTS, FINANCIAL TRANSACTIONS, AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.

The information presented on or through the Service is made available solely for general information purposes. ISID attempts to ensure that information on this Service is complete, accurate, and current. However, despite our efforts, the information on the Service may occasionally be inaccurate, incomplete, or out of date. Accordingly, we do not warrant the completeness, accuracy, timeliness, or usefulness of any information on this Service, and any reliance you place on such information is strictly at your own risk.

The material on the Service should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Service is at your own risk.

The Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information on our Service. You agree that it is your responsibility to monitor changes to our Service.

We disclaim all liability and responsibility arising from any reliance placed on any materials or information by you or any other visitor to the Service, or by anyone who may be informed of any of its contents. This Service may include content provided by third parties. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the ISID, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the ISID. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the ISID, a ISID employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the ISID or users of the Service, or expose them to liability.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Service.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service. 
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Service.

The Service may now or in the future contain interactive features that allow users to post, submit, publish, display, or transmit to ISID, their own or other users’ or other persons’ content or materials (collectively, “User Contributions”) on or through the Service. Other than personally identifiable information, which is subject to our Privacy Policy, any such User Contributions, including but not limited to any creative material, information, suggestions, ideas, data, concepts, know-how, techniques, questions, comments, or other communications you transmit or post to or through this Service in any manner, is and will typically be considered non-confidential and non-proprietary; however, if you would like your name to remain anonymous with respect to a certain User Contribution, we will honor such a request unless the law requires otherwise (after, where legally possible, providing you with notice and an opportunity to object to any subpoena or other mechanism we receive requiring the disclosure of your identity). All User Contributions must comply with the Content Standards set out in these Terms.

Your User Contributions may be posted and transmitted to others at your own risk. We cannot control the actions of other users of the Service with whom you may choose to share your User Contributions. All User Contributions may be retained by us indefinitely, even after you terminate your account. By submitting any User Contributions, you grant to ISID a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Contributions in any manner, including to create derivative works, without any compensation or notice to you. By providing any User Contribution on the Service, including ProMED-mail alerts and message board postings, you waive any moral rights you may have therein and grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, transmit, publish, broadcast, develop, manufacture, market, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose whatsoever. 

• You understand and agree that you are responsible for any User Contributions you submit or contribute, and you, not ISID, have full responsibility for such content. You further agree that all of your User Contributions do and will comply with these Terms and all applicable law, as ISID will have no liability related to any User Contributions posted by you or any other user of the Service. You also acknowledge that we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

We also have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the ISID.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service. 
• Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS ISID AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot review all material before it is posted on or through the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

These content standards (the “Content Standards”) apply to any and all User Contributions and use of the Service. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Creating or maintaining any link to any page or portion of the Service, or running or displaying this Service or any Content in any format without ISID’s prior written permission, is strictly prohibited. Any permitted links to this Service must comply with all applicable laws, rules, and regulations.

In the event you are permitted to link to this Service, you must also do so in a way that is fair and legal and complies with our Terms, does not damage our reputation, or take advantage of it, does not suggest any form of association, approval, or endorsement on our part. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in immediately ceasing any unauthorized display or linking of our Service or Content. We reserve the right to withdraw permission without notice, and we may disable all or any social media features and any links at any time without notice in our discretion.

The Service may provide links to other third-party websites (“Linked Sites”). ISID has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. ISID is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by ISID of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of ISID. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products and services. ISID makes no representation or warranty as to any Linked Site content, products, or services, and you agree that ISID 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 third-party content, products, or services available on or through any Linked Site or similar resource.

AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.

ISID complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.

DMCA Takedown Notices

Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Service. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if ISID has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for ISID to determine the legitimacy of the signature and the identity of the signatory;
2. Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ISID to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
4. Information reasonably sufficient to permit ISID to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”

ISID Copyright Agent
Losey PLLC
1420 Edgewater Drive
Orlando, FL 32804
407-906-1605
[email protected]

Please note if any notification of claimed infringement does not meet the above requirements, ISID has no responsibility to respond to or act on any such defective notification of claimed infringement. 

DMCA Counter Notification 

If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA.  It must include the following, which includes a certification made under penalty of perjury:

1. Your physical or electronic signature, as well as information sufficient for ISID to determine the legitimacy of the signature and the identity of the signatory;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the District of Massachusetts, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.

Any such counter notification must be sent to:

ISID Copyright Agent
Losey PLLC
1420 Edgewater Drive
Orlando, FL 32804
407-906-1605
[email protected]

All information we collect on this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

ISID is based in the United States. Accordingly, we make no claims that the Service or any of its Content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

YOUR USE OF THE SERVICE IS AT YOUR RISK. THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE, AND WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SERVICE.

WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SERVICE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE. THE MATERIALS ON THE SERVICE MAY BE OUT OF DATE, AND ISID MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH MATERIALS. ISID MAKES NO WARRANTY THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR DIRECTIONS ON THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, ISID HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. ISID MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

ADDITIONALLY, IN NO EVENT WILL ISID, ITS RESPECTIVE MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, BUSINESS INTERRUPTION, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY INFORMATION OR MATERIALS ON THE SERVICE, ANY LINKED SITES, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. MOREOVER, IN THE EVENT OF ANY PROBLEM OR DISSATISFACTION WITH A PRODUCT THAT YOU HAVE PURCHASED ON OR THROUGH THE SERVICE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE DURING THE THIRTY-DAY PERIOD PRIOR TO THE DATE THE LIABILITY AROSE.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542, which states “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless ISID and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, including use of any good, product, or service purchased through the Service, (b) violation of these Terms by you, including any misrepresentations made by you in connection with your use of the Service (c) your violation of any law or the rights of a third-party, and (d) the acts or omissions of any other user or third-party. If you fail to promptly indemnify and defend a covered claim, ISID shall have the right to defend itself, and in such case, you shall promptly reimburse ISID for all of its associated costs and expenses. ISID reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.

This section deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. 

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Service, (ii) any subscriptions or other purchases, transactions or relationships related to your use of the Service, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction, subscriptions, purchases, transactions or relationships (collectively, “Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Service, or engaging in any other Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Service, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or any Transactions or Relationships shall be resolved exclusively by final, confidential and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect that would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction. You further agree that:

a. Single Arbitrator.

The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”).

b. Arbitrator Will Interpret This Agreement.

The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms or these arbitration provisions, including but not limited to any claim that all or any part of these Terms is void or voidable.

c. Location of Arbitration.

The Arbitration shall be held either: (i) at a location determined pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.

d. Governing Law.

The Arbitrator (i) shall apply internal laws of the State of Massachusetts consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Massachusetts or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief.

e. No Class Relief.

The Arbitration can resolve only your or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.

f. Written Award.

The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.

g. Arbitration Costs.

In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith.

h. Reasonable Attorney’s Fees.

In the event you recover an Award greater than our last written settlement offer, the Arbitrator shall also have the right to include in the Award our reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but we shall in all events bear our own attorneys’ fees.

i. Interpretation and Enforcement of Arbitration Clause.

With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to subsection (k) below and the Dispute Resolution (Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law) section. 

j. Modification of Arbitration Clause With Notice.

We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after we have given notice of such modifications and only on a prospective basis for claims arising from Transactions or Relationships occurring after the effective date of such notification. If any modification pursuant to this subpart (j) is deemed to be invalid, unenforceable, or illegal, then the arbitration provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us regarding Transactions or Relationships.

k. Small Claims Matters are Excluded. No Class Relief or Joinder of Claims.

Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

l. Confidentiality of Arbitration.

You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the fact of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or court order.

m. Dispute Resolution (Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law)

This section applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with the previous section regarding arbitration. 

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service, the Content, these Terms or to any of our actual or alleged intellectual property rights (collectively, a “Non-Arbitration Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Non-Arbitration Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to: [email protected]

For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Non-Arbitration Dispute, though nothing will require either you or us to resolve the Non-Arbitration Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable.

i. Jurisdiction.

The parties agree that the state or federal courts in Massachusetts shall have non-exclusive jurisdiction of any Non-Arbitration Dispute.

ii. Governing Law.

To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Non-Arbitration Dispute arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of Massachusetts without regard to its conflicts of law provisions.

iii. Injunctive Relief.

The foregoing provisions of this section will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User Contribution or our intellectual property rights (including such as we may claim may be in dispute), our operations, or our products or services.

The failure of ISID to enforce any term or condition set out in these Terms shall not be deemed a waiver of such term or condition or a waiver of any other term or condition.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

These Terms and our Privacy Policy constitute the sole and entire agreement between you and ISID regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

By accessing the Service, you agree that the laws of the United States and the state of Massachusetts without regard to conflicts of laws principles, will apply to these Terms and all matters relating to the Service.

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in Suffolk County, Massachusetts, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Service, or these Terms, or other Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We may provide you information regarding your account and the Service in electronic form only. You agree that such notices and other communications sent electronically satisfy any legal communication requirements, including that requirements must be in writing.

Any provisions that, by their nature, are intended to survive shall survive any termination of these Terms.

The Service is operated by the International Society for Infectious Diseases, Inc.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Complaints and DMCA Copyright Agent policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: [email protected].

Although ISID will in most circumstances be able to receive your communications, we do not guarantee that we will receive such communications timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that your email communications to us may not be secure and will not be treated as confidential.