TERMS OF SERVICE
Welcome to the Laerdal Simulation User Network (“SUN”) located at http://simulation.laerdal.com. SUN is owned and operated by Laerdal Medical AS (“Laerdal”). By using SUN you are agreeing to be bound by these Terms of Service.
Please read these Terms of Service carefully before registering or using SUN. If you do not accept these Terms of Service, then you may not use SUN. These Terms of Service are subject to change by Laerdal at any time, effective when posted on SUN. Your continued use after such notice will constitute acceptance by you of such changes.
Overview of SUN. SUN is an interactive service and community provided to enable Laerdal, its customers and other parties to engage in an open and spontaneous dialog. Therefore, much of the content on SUN is provided by third parties who are not under the control of Laerdal, and Laerdal does not review all information posted on SUN. You agree that your use of information available on SUN is at your own risk and that Laerdal makes no guarantees that any third party information or content is accurate or complete.
Use of Sun.You may use SUN solely for personal and non-commercial purposes only and subject to these Terms of Service, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.
Joining the Community. You may use SUN without signing in, but in order to take advantage of some aspects of SUN, you will need to register for your own account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.
Other Laerdal Products and Services. SUN is not intended as a substitute for any other agreements you may have with Laerdal or any manuals or other official documentation provided by Laerdal to you, unless we expressly state otherwise. You agree to use the information available on SUN with this in mind and to consult official documentation for any substantive issues.
Acceptable Use Policy. SUN provides you with an opportunity to interact with others and share your thoughts, information, downloads and materials. Laerdal expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to Laerdal at firstname.lastname@example.org.
You are solely responsible for the content, information and other materials that you post on SUN or transmit to other community users (“Content”) and agree that you will not hold Laerdal responsible or liable for any Content from other users that you access on SUN.
Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Laerdal will make the sole determination as to whether or not Content is acceptable for SUN. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
- is inaccurate, false or misleading in any way. (By way of example, if you post any Content regarding the use of a device, an incident or a procedure, you must ensure that all information is completely accurate and supported);
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party's intellectual property rights (such as documents, downloads or other materials for which you do not have written authority from the owner of such materials to post on SUN);
- violates any party’s right of publicity or right of privacy (You should not include any other person’s personal information in your Content unless you have that person’s permission);
- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is illegal or promotes any illegal activities;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You may not include in your member profile or Content any telephone numbers, street addresses, last names, email addresses, employment information, or any other non-public information of any third party. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on SUN. Further, you may not use any such automated means to manipulate SUN or attempt to exceed the limited authorization and access granted to you under these Terms of Service. You may not resell use of, or access to, SUN to any third party.
No Content Monitoring.Laerdal is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with the Acceptable Use Policy. Laerdal will make all determinations as to what Content is appropriate in its sole discretion. We may include, edit or remove any Content at any time without notice.
You understand that when using SUN, you will be exposed to Content from a variety of sources, and that Laerdal is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use SUN.
Your License to Laerdal. You hereby grant Laerdal a perpetual license to use, redact, republish, modify, copy, create derivative works, perform and distribute your Content including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you. You grant Laerdal the right to use your name and screen name, if you have publicly identified yourself with such Content.
No Medical Advice. The information contained in or made available through SUN (including but not limited to information contained on Forums or in Downloads) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. In particular, you should regularly consult a trained professional in all matters relating to medical issues, particularly concerning any symptoms that may require diagnosis or medical attention.
Termination of Access. In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to SUN, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
Links. SUN may contain links to other web sites not maintained by us. We encourage you to be aware when you leave SUN and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. Despite any links that might exist on SUN, we do not endorse and are not affiliated with such third parties.
Our Proprietary Rights. Laerdal or its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with SUN. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Service are reserved by Laerdal.
Disclaimer Warranties. Subject to the other terms and conditions contained in these Terms of Service, Laerdal makes reasonable efforts to provide a quality service through SUN and to respect generally accepted industry practices. EXCEPT AS SET FORTH HEREIN, SUN, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH SUN, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON SUN. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUN OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SUN OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF SUN, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of SUN during the prior twelve (12) months or (ii) one hundred dollars ($100).
Indemnity. You agree to defend, indemnify and hold harmless Laerdal, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Service, (ii) your Content, (iii) your use of materials or features available on SUN (except to the extent a claim is based upon infringement of a third party right by materials created by Laerdal) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Governing Law. The laws of the Country of Norway shall govern these Terms of Service. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NORWAY FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF SUN.
Any claims asserted by you in connection with SUN must be asserted in writing to Laerdal within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
International Access SUN is provided from Norway and all servers that make it available reside in that country. The laws of other countries may differ regarding the access and use of SUN. We make no representations regarding the legality of SUN in any other country and it is your responsibility to ensure that your use complies with all applicable laws.
Digital Millennium Copyright Act ("DMCA") Notice Procedure [Applicable to users in the United States of America] Materials may be made available via SUN by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with SUN for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on SUN.
If you believe any materials on SUN infringes a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) 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;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) 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
(vi) 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.
All DMCA notices should be sent to our designated agent as follows:
Laerdal Medical AS
Attn: SUN Editor
Tanke Svilands gate 30
Tel. no. +47 5151 1700
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. If you are located outside of the United States of America, you may contact our designated agent listed above as well for any issues regarding the content on SUN.
Severability. If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.
Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Contact Information. Should you have any questions you may contact us as follows:
Laerdal Medical AS
Attn: SUN Editor
Tanke Svilands gate 30
Effective Date: This Terms of Service was last updated on October 16, 2007.
Personal and Non-Personal Information
When using SUN, in order to register to become a member you may be asked to provide, or you may choose to upload, certain personally identifiable information about yourself ("Personal Information"). Personal Information can include your name, email address, IM addresses, occupation, birthday, interests and other information that specifically identifies you.
In addition, we may also collect non-personally identifiable information, such as IP host address, pages viewed and other data which does not specifically identify you ("Non-Personal Information").
We may use your Personal Information from time to time to send you newsletters and other information about SUN, but we will not give your Personal Information to third parties to promote their products or services directly to you.
Other SUN members may email you by clicking your profile name, but they will not be authorized to see your email address when they do so.
We may use Non-Personal Information to improve and enhance your experience on SUN and for our research activities. For example, we may share Non-Personal Information with unaffiliated third parties, such as business partners, in an aggregate, anonymous form, which means that the shared information will not contain nor be linked to any Personal Information.
You should be aware that Personal Information which you voluntarily include and transmit online in a posting on SUN may be viewed and used by others. In addition, your user name, full name and company name will appear in your public profile and may be accessible to any SUN user. As a result, we are unable to control uses of your Personal Information by other parties, and by using SUN you assume the risk that the Personal Information provided by you may be viewed and used by third parties.
Please note that we reserve the right to access and/or disclose Personal Information and Non-Personal Information we gather as required by courts or administrative agencies and to the extent required to permit us to investigate suspected fraud, harassment or other violations of any law, rule or regulation, SUN's Terms of Service, or the rights of third parties, or to investigate any suspected conduct which we deem improper.
Security Practices: The security of your Personal Information is very important to us. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us or information stored on SUN or our servers, will be completely free from unauthorized access by third parties such as hackers and your use of SUN demonstrates your assumption of this risk.
Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by this policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
No Children under age 13: We have no intention of collecting Personal Information from children under the age of 13. When we become aware that Personal Information from a child under 13 has been collected without such child's parent or guardian's consent, we will use all reasonable efforts to delete such information from our database.
Changes to policy; Opt-Out Process: We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. However, if at any time in the future we plan to use Personal Information in a way that differs from this policy, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of SUN following the posting of any changes to this policy means you accept such changes.
We give you the option to remove your Personal Information from our list of active users completely. All unsubscribe or opt-out requests should be sent to us at email@example.com and we will process your request within a reasonable time after receipt. We are not responsible for removing your Personal Information from the lists of any third party who has previously been provided your information in accordance with this policy.
Our Terms of Service: Use of SUN is governed by, and subject to, the Terms of Service. Your use, or access, of SUN constitutes your agreement to be bound by these provisions.
Contact: For questions or concerns relating to privacy, we can be contacted at firstname.lastname@example.org.