Terms of Service

These Terms and Conditions (“Terms and Conditions” or “Terms”) apply to the use of the Community website (community.sccm.org) (the “Site”) posted by the Society of Critical Care Community (“the Society,” “SCCM,” “we,” “us,” or “our”) or an affiliated organization or vendor. By accessing or using the Site, you agree to be bound by these Terms and Conditions. These Terms expressly incorporate by reference and include the following Privacy Policy (“Privacy Policy”) and any guidelines, rules, additional terms, or disclaimers that may be posted and updated on the Site or on notices that are sent to you. If you do not agree to these Terms and Conditions and the Privacy Policy, you must immediately terminate your use of the Site.

  1. Changes. SCCM reserves the right to change, modify, add, and/or remove portions of these Terms in its sole discretion at any time and without prior notice. Please check these Terms and Conditions from time to time. Your continued use of the Site following the posting of any changes will mean that you have accepted and agreed to the changes.

     

  2. Additional Terms and Conditions. Additional terms and conditions may apply to the purchase of goods and services and/or to specific portions or features of the Site. To the extent that there is a conflict between these Terms and any additional terms and conditions or the Privacy Policy for the activity in which you choose to participate, the additional terms and conditions shall govern.

     

  3. License Grant. The Society grants you a personal, nontransferable, nonexclusive, revocable, and limited license to access and use the Site. You may use the Site and the Content (defined below) for noncommercial, informational, scholarly, or personal use provided that you keep all proprietary information intact. The Society reserves the right to bar, restrict, and/or suspend any user’s access to the Site and/or terminate this license at any time for any reason. The Society reserves any right not explicitly granted in these terms.

     

  4. License Restriction. Unless otherwise expressly stated in these Terms or you receive the Society’s prior written consent, you may not modify, translate, creative derivative works of, copy, distribute, market, display, remove, or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any informational retrieval system (electronic or mechanical) the Site, any Content (defined below), or any portion thereof.

    Further, you may not (i) use the Site for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Site, including the Content (defined below); (ii) interfere with the proper working of the Site including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Site.

     

  5. Medical Disclaimer. Any information posted on the Site by SCCM, users, or any third party should not be considered medical advice. The information is not intended as medical advice or as a substitute for the medical advice of a qualified medial professional. SCCM does not endorse any medications, products, procedures, equipment, or treatments relating to medical services.

     

  6. Patient Information. The Site may contain confidential patient information (“Patient Information”). Federal and state laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or use Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You shall be solely responsible for your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information.

     

  7. Account Password and Security. Through use of the Site, you will receive a username and password as part of the registration process. Your username and password are unique to you, and you may not allow any third party to use them under any circumstances. SCCM is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your username and password. You must contact SCCM immediately if you become aware of or believe there is or may have been any unauthorized use of your username and password or otherwise wish to deactivate your username and password due to security concerns.

     

  8. Intellectual Property. The Content of the Site includes, without limitation: (i) the Society’s trademarks, service marks, brands, brand names, trade dress, trade names, and other distinctive identification (collectively “SCCM Marks”); (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork; and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any Content contained in or available through the Site (the items identified in subsections i, ii, and iii) shall be collectively referred to herein as “SCCM Content” or “Content”). SCCM Content is the property of the Society, its licensors, sponsors, partners, advertisers, content providers, or other third parties and is protected by law, including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any SCCM Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the Society or the owner of such Content if the Society is not the owner. Any use of the SCCM Marks without the Society’s express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in the Content, including such notices appearing on any SCCM Content you are permitted to download, transmit, display, print, or reproduce from the Site.

     

  9. Notification of Infringement. In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512), SCCM are registered with the United States Copyright Office as service providers. Any notification of claimed copyright infringement must be sent to info@sccm.org.

    Your notice of infringement must be a written communication provided to SCCM that includes the following information:

    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;

    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;

    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 us to locate the material;

    4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

    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 on behalf of the owner of an exclusive right that is allegedly infringed.

     

  10. User Obligations. You warrant that you are at least thirteen (13) years old and that you will abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site and not interfere with SCCM’s operation and management of the Site. You warrant that you will not use the Site (i) in a manner that would violate any law or infringe upon any copyright, trademark, trade secret, right of publicity, privacy right, or any other right of any person or entity; (ii) for the purpose of transmitting or storing of information that is obscene, libelous, defamatory, threatening, abusive, pornographic, profane, or otherwise offensive; (iii) to seek to harm or disrupt SCCM, the Site, or its users in any way, including, but not limited to, cross-posting of SCCM Content to other groups; or (iv) to participate, attempt to participate, or encourage criminal conduct, give rise to civil liability, or otherwise violate any law.

     

  11. User Content. All information, data, text, software, sound, photographs, graphics, video, messages, or other materials (“User Content”), where publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. SCCM does not control the User Content and does not guarantee the accuracy, integrity, or quality of such User Content. SCCM reserves the right, but not the obligation, in its sole discretion, to remove any User Content that violates these Terms.

     

  12. Third Party Content and Information. The Site may feature materials, information, products, and services provided by third parties. Any such information, including, but not limited to, articles, press clippings, opinions, advice, statements, services, offers, user-generated content, or other information made available by third parties such as content providers or other users of the Site are those of the respective third party and not of the Society or its affiliates. The Society makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services, or products. The Society reserves the right, but not the obligation, in its sole discretion, to monitor, review, edit, or remove all or portions of content that has/have been determined to be in violation of these Terms and Conditions.

     

  13. Advertisement.

    General. The Site may contain advertisements and/or sponsorships of third parties. The advertisers and/or sponsors that provide these are solely responsible for ensuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable state and federal regulations.

    Disclaimer regarding endorsement. The inclusion of advertisements and/or sponsorships on the Site does not imply endorsement of the products or services by the Society. SCCM shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements and/or sponsorships on the Site. Further, the Society shall not be responsible or liable for the statements or conduct of any third-party advertisements and/or sponsorships on the Site. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers and/or sponsors.

     

  14. Indemnification. You hereby agree to indemnify and hold SCCM, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers, and licensors harmless from and against any and all third-party claims of liability, losses, damages, and costs, including, without limitation, reasonable attorneys’ fees arising out of or in connection with your use of or inability to use the Site, the Content, or our products and/or services.

     

  15. Warranties Disclaimed. THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER SCCM, ITS AFFILIATIES, SUBSIDARIES, EMPLOYEES, OFFICERS, OR TRUSTEES, NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “SCCM PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMTIATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE SITE AND CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (iv) SCCM CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

     

  16. Limitation of Liability. THE SCCM PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS, OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OR INABILITY TO USE THE SITE AND/OR ANY CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITE AND/OR CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT, AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (v) FROM UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (vii) FROM ANY DELAY OR FAILURE OF THE SITE ARISING OUT OF CAUSES BEYOND SCCM’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE CONTENT; (ix) OUT OF ANY THIRD-PARTY MATERIALS, INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON OR ACCESSED THROUGH THE SITE; (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES, OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD-PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE SITE OR CONTENT.
  17. Exclusions Permitted by Law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND SCCM’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

     

  18. Term and Termination. These Terms and Conditions will take effect at the time you begin using the Site. SCCM reserves the right, with or without notice, at any time and for any reason, to deny you access to the Site or to any portion thereof, and to terminate these Terms and Conditions. If you fail to comply with these Terms set forth therein, the Terms and Conditions will terminate automatically. You may terminate these Terms and Conditions at any time by ceasing to use the Site, but all applicable provisions of these Terms will survive such termination. Upon such termination, you must destroy all copies of any portion of the Site, including any Content, in your possession.

     

  19. Use of the Site and SCCM Content Outside of the United States. The Society makes no claims regarding access or use of the Site or the Content outside of the United States. If you use or access the Site or Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms.

     

  20. General Provisions.

Governing Law and Venue. These Terms and Conditions and all matters regarding your use of the Site shall be governed by, construed in accordance with, and enforced under the laws of the State of Illinois, USA. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in the State of Illinois, USA.

 

Entire Agreement. Except as provided, the Terms, together with any revisions and additional terms and conditions, constitute the entire agreement between you and SCCM relating to the Site and its use by you. These Terms and Conditions supersede any previous written or oral communication regarding use of the Site.

 

Headings. Section titles in these Terms and Conditions are for convenience and do not define, limit, or extend any provision.

 

Waiver. The failure of SCCM to exercise or enforce any right or provision in the Terms shall not constitute a waiver of such right or provision.

 

Severability. If any provision of the Terms and Conditions is held to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect to the extent as provided by law.

 

Notice. Notices to you may be made via e-mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Site.

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The Society of Critical Care Medicine (SCCM) is the largest non-profit medical organization dedicated to promoting excellence and consistency in the practice of critical care. With members in more than 100 countries, SCCM is the only organization that represents all professional components of the critical care team. The Society offers a variety of activities that ensures excellence in patient care, education, research and advocacy. Read more
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