Terms of Use / Nutzungsbedingungen

Preamble

The MeVis Online Academy Services provide software and digital information (hereafter "Content") over the Internet and other electronic networks for viewing on electronic devices such as personal computers.

These Services are provided by MeVis Medical Solutions AG (hereafter "MeVis" or "MeVis Online Academy"), located at Caroline-Herschel-Str. 1, 28359 Bremen, Germany, email: academy@mevis.de. MeVis’ complete information is available at http://www.mevis.de/en/imprint/.

Data Privacy

We appreciate your use of this service. MeVis can provide the service by third parties, in particular the operation of data centers.

We store your e-mail and name to create an acount and identify you.

MeVis may use the user's name and e-mail address to contact the user by e-mail to notify them of any new developments associated with the Service or other MeVis products, as well as to operate the service, for example, to reset access data or to send certificates of attendance.

A transfer of your data to third parties for purposes other than the operation of the service, such as for the purpose of advertising, does not occur.

We respect your personal data. On the following page we would like to inform you in detail about the handling of your data. Art. 13 General Data Protection Regulation (GDPR) and your rights as a user:

https://www.mevis.de/en/data-privacy/ (English version: data privacy statement)

https://www.mevis.de/de/datenschutzerklaerung/ (German version: Datenschutzerklärung)

Intended Use

These Services comprise a teaching tool for medical professionals. They are not intended for clinical or diagnostic use.

Period to Complete Training / Course Access Limitations

Access to paid courses is limited to 365 days from initial log-in. The User agrees that MeVis may block and/or delete the Users account after 6 (six) months of inactivity of the User.

Licensing

MeVis grants the User a non-exclusive license for a limited term, limited territory, and/or limited frequency to use the Content solely for personal, non-commercial use such as self-education.

The User may view and/or interact with the Content either free of charge or by paying a fee for a time-limited license to use the Service and/or the Content. The license is granted solely to the registered User and may not be transferred to third parties. The User agrees not to share their account and access information with other individuals.

This license does not include reproduction, distribution, publication, or processing in any form except for the use of the Content within the Service as designed and explicitly stated by MeVis.

The User is not authorized to:

All copyright notices, other instructions or disclaimers of the Service or copyright holder, or all other similar screen texts must not be removed or altered in any way. No part of the Content and the Service may be reproduced, posted, or distributed, reverse engineered whether for free or for a fee, to a third party without prior written consent from MeVis and the copyright holders.

All Content for license through MeVis Online Academy is licensed by or to MeVis, and the User acknowledges and confirms that the material provided is protected by copyright and that the exclusive copyright in all forms remains with the copyright owners.

Modification

MeVis reserves the right to change, at any time and without prior notice:

Users may not attempt or assist others in accessing the Service through hacking, password evading, or meddling with security features in ways that could, but are not limited to, actions that interfere with the proper functioning of the Services.

Violation of these security measures, including but not limited to, impersonation of any other person or entity or attempt to access a MeVis Online Academy User account that User is not the owner of, may result in civil or criminal liability.

Account Usage Information

To use the Service, a User must create a personalized MeVis Online Academy user account ("Account") and provide an individual email address, his name and a password. The User is obligated to make true statements and may not use pseudonyms or stage names.

The User is responsible for any and all activity that may occur under his or her personalized account, and is responsible for keeping the account information secure and confidential. MeVis will not be held liable for any losses sustained by a third party abusing a personalized User account, but the User may be held liable for such losses. Additionally, the User may not use another User’s Account.

The User is solely responsible for notifying MeVis should personal information such as email address or name change or when a breach of security has occurred. MeVis reserves the right to investigate cases of suspected unauthorized use or other contract violations and to take appropriate actions against, or prohibit the use of this Service by unauthorized persons. MeVis also reserves the right to make claims for compensation or damages if these terms of use are violated.

The User is responsible for reading information sent to the email address associated to his Account regularly.

Payment of Purchases

The User agrees, according to MeVis policy, to pay for all Content purchased on the MeVis Online Academy websites, including any late fees or taxes, on time and with valid account information. The User is responsible for keeping all account information accurate and current, and MeVis reserves the right to terminate a User account if account information is discovered to be incomplete or false. A User account is not transferable to another user.

MeVis collects any or all account information that Users provide depending on the type of transaction the User enters into, including User name, address, telephone number, fax number, and email address. This is collected together with data about usage of the MeVis Online Academy websites and to view and acquire licenses to the Content. Other information that may be needed from time to time to process a request may also be collected as indicated at the time of the interaction.

MeVis reserves the right to change the prices and availability of the Service at any time, without notice. All charges and fees paid are non-refundable.

Except as otherwise agreed to in writing, the User shall make all payments in advance.

The User agrees that any invoices are to be solely sent electronically to the email address associated with their Account.

Delivery of Service

MeVis will make all reasonable efforts to deliver the Service to the User within 3 (three) days, but does not make any guarantee of a specific delivery date.

If the User pays electronically, for example by PayPal, MeVis will take reasonable actions to provide the Service immediately after receipt of payment from the User.

MeVis shall not be liable for any costs, expenses, or damages of any nature, whether general, consequential, as a penalty for, liquidated or otherwise, arising out of or owing to any delays in delivery beyond MeVis’ reasonable control.

Delivery of Service shall be the location of the webserver running the Service.

Service Quality, Changes, and General Disclaimer

MeVis is committed to provide the Service 24/7 with an annual availability of 99%.

MeVis reserves the right to adapt, suspend, or discontinue any portion of the Service without notice or liability to MeVis. This includes interrupting the operation of the Service in order to perform maintenance or any changes to the Content.

MeVis is not responsible for problems caused by factors outside of MeVis’ reasonable control, problems resulting from any action or inactions by the User or any third party, problems resulting from equipment not within MeVis’ sole control, or the availability of the internet and other electronic networks, and/or maintenance of the Service.

MeVis cannot ensure that Content the User downloads with the Service will be free of viruses, error, interruption, defect, delay in transmission, or any other detrimental features, and cannot ensure that any of the above problems will be corrected.

Compatibility

The User is aware of the fact that some internet browsers may be incompatible with the Service and display the Service and the Content only partially, with defects or not at all.

MeVis assures the compatibility of the Service for use with at least one web browser ("Reference Browser") for use on a standard consumer personal computer with a consumer display and a high speed internet connection.

The Reference Browser is the most recent version of the Mozilla Firefox Browser, which is available at www.mozilla.org. The most recent version of other web browsers such as Google Chrome or Safari may be used with the Service, but MeVis does not guarantee the compatibility of these browsers and the Service. MeVis recommends that the User installs the most recent version of the Reference Web Browser in case of technical issues.

Termination of Services

The User agrees that MeVis may terminate the Service within a period of 6 months without prior notice or refund of any fees.

Warranty Disclaimer

MeVis warrants and represents to the User that any service requested by and provided to the User will be performed in a professional and workmanlike manner. If the Service is found to be defective, MeVis will, at its option, reprovision the services or refund any fees paid for said non-conforming services.

MeVis does not warrant that the operation of the Service will be uninterrupted or error free. Except as set forth above, MeVis makes no warranties, whether expressed, implied, or statutory regarding or relating to the Service, Content, software, documentation, or any goods or services furnished or provided by MeVis.

Governing Law and Jurisdiction

This agreement shall be interpreted exclusively under the laws of the Federal Republic of Germany. The sole place of jurisdiction for all disputes arising directly or indirect from this agreement shall be Bremen, Germany.

Miscellaneous and General Disclaimer

Neither party will use or disclose the other party’s confidential information without the others’ prior written consent.

Some of the product names, patents, and registered designs referred to in the Content are registered trademarks or proprietary names even though specific reference to this fact is not always made in the text. Therefore, the appearance of a name without designation as proprietary is not to be construed as a representation by MeVis that it is in the public domain.

MeVis hereby rejects any different or conflicting terms and conditions contained in any order, acknowledgement, or other document. If MeVis does not receive written objection to any of MeVis’ terms within 5 (five) days of the Users receipt thereof, or if the User accepts delivered goods, Content or Service, MeVis’ terms and conditions shall be deemed accepted by the User.

If any portion of this agreement, regardless of the reason, is, or becomes, void, ineffective or unenforceable – in full or in part – the validity of the remaining provisions shall not be affected. The no longer applicable portion should be altered and adapted in order to fulfill the original intention and economic effect of the original agreement as closely as possible.

MeVis Online Academy terms and conditions, as amended 2018-May-25.

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