Terms & Conditions (User)

SULCUS CASEBANK USER TERMS AND CONDITIONS

(Updated July 26, 2018)

Thank you for your interest in Sulcus CaseBank (the “Site”). The Site is used to manage radiology case studies and test questions, and is owned, and operated by Sulcus Inc. (“Sulcus,” “CaseBank,” “we,” “our,” or “us”). The terms “you,” “your,” and “yours” refer to anyone using the Site.

IMPORTANT – PLEASE READ CAREFULLY: THESE USER TERMS AND CONDITIONS (“TERMS”) ALONG WITH ALL THE RULES, POLICIES AND GUIDELINES INCORPORATED IN THESE TERMS BY REFERENCE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN SULCUS AND YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND GOVERN YOUR USE OF THE SITE. BY BROWSING THE SITE, USING THE SITE OR REGISTERING TO OPEN AN ACCOUNT, YOU AGREE AND ACKNOWLEDGE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU CANNOT USE THE SITE.

WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME, AND EACH SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING. ALL MATERIAL MODIFICATIONS WILL APPLY PROSPECTIVELY ONLY. YOUR CONTINUED USE OF THE SITE FOLLOWING ANY SUCH MODIFICATION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND YOUR ACCEPTANCE OF THESE TERMS, AS MODIFIED. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE. THEREFORE, IT IS IMPORTANT FOR YOU TO REVIEW THESE TERMS REGULARLY.

Eligibility

The medical case studies, test questions, videos and learning modules may be used only by radiologists who are either studying radiology or who will contribute cases to the content of the Site. You may not use the Site or accept these Terms on behalf of another individual, a company, or another legal entity. If you are an individual, you represent that you are 18 years of age or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years. Use of the Site is also governed by Sulcus’ Privacy Policy (https://www.sulcus.org/privacy.htm), which is incorporated herein by reference.

Registration and Account Security

You are required to register and create a unique, password-protected account (your “Account”) in order to access and use the Site to access case studies, test questions, videos and learning modules. By registering your account you represent and warrant to Sulcus that (a) all registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.

You understand that in order to access certain content, you must pay for access to the Site. You also understand that paying for access to the Site grants you a license to access content on the Site for a limited amount of time, which is determined in our sole discretion. We reserve the right to reject your application or delete your Account without warning if you are found to have misrepresented your registration information.

You are responsible for maintaining the confidentiality of your Account user name and password. You agree to (a) immediately notify us of any unauthorized use of your password or Account, or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. You will be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not.

Intellectual Property

All materials on or available through the Site, including text, images, audiovisual materials, data, and illustrations, as well as all materials provided to you in connection with your registration and payment to access the case studies, test questions, videos and learning modules made available through the Site, in whatever format, including without limitation software, audiovisual presentations, forms, tools, lesson plans, worksheets, articles, abstracts, flowcharts, checklists, quizzes, exams, and documents (collectively, the “Materials”) are protected by U.S. and international copyright, trademark, and other intellectual property laws, and are owned, controlled, or licensed by Sulcus. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING THE MATERIALS, IN WHOLE OR IN PART, IS PROHIBITED. Provided that you pay the applicable fees and agree to and accept without modification the notices, terms and conditions set forth in these Terms, Sulcus grants you a personal, non-exclusive, non-assignable and non-transferable license to visit, view, and retain a copy of pages of the Site for your own personal, non-commercial use only. In no event may you use the Materials for any commercial purpose, including for the purpose of providing radiology information and study services to others. You may not modify, copy (except as expressly set forth in this paragraph), distribute, transmit, display, perform, reproduce, publish, create derivative works from, license or sublicense, assign, or otherwise transfer this license or any of the Materials or any information, material, software, products or services from the Site. You may not link to or frame the Materials, the Site, or any portion thereof, for any purpose. Nothing herein grants you any license, express or implied, to use any of Sulcus’s federal or common-law trademarks. Moreover, you may not visit or use the Site to appropriate Sulcus’s trademarks or trade dress and/or to copy or imitate the “look and feel” of the Site, or any portions thereof, for any reason.

Sulcus Role and Release

The Site is used to manage radiology case studies, test questions, audiovisual materials and learning modules. We are neither an educational institution nor a provider of medical advice. We call particular attention to the fact that medical opinions and literature are constantly changing and we make no representation or warranty that all materials on the Site are representative of current opinion or literature.

We are not responsible in any way for the exam performance of or other consequences to any person using the Site. Without limiting the generality of the foregoing, you acknowledge and agree that: (a) we do not render medical or other professional advice or services; in the event you desire or need such services, we strongly advise you to secure the same; (b) we are not undertaking any, and have no, duties to you including, without limitation, guaranteeing anyone’s, including your, passage of the radiology exam; and (c) while we comply with applicable state and federal laws, we cannot guarantee that our users so comply. Accordingly, we assume no liability for any user’s failures to comply with such laws.

Therefore, you release Sulcus, its affiliates (and their respective officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of the Site. You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor,” and similar provisions under the laws of other jurisdictions.

Acceptable Use Policy

In using the Site you shall not (and not allow any third party to): (a) modify, adapt, translate, or reverse engineer any portion of the Site; (b) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or in or on any content or other material obtained via the Site; (c) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site; (d) access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of radiology case studies or other learning materials; (e) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (f) create user Accounts by automated means or under false or fraudulent pretenses; (g) create or transmit unwanted electronic communications such as “spam” to other users or members of the Site or otherwise interfere with other users’ or members’ enjoyment of the Site; (h) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (i) use the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (j) copy or store any content offered on the Site for other than your own personal, non-commercial use; (k) use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; (l) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (m) use the Site intentionally or unintentionally, to violate any applicable local, state, national or international law; or (n) collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

Disclaimer of Warranties

THE SITE, THE SERVICES PROVIDED VIA THE SITE, AND ALL FEATURES AND FUNCTIONALITIES ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YOU UNDERSTAND AND AGREE THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT WE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SITE OR THE SERVICE, INCLUDING ANY FEATURES THEREOF, WITHOUT COMPENSATION OR NOTICE TO YOU. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE OR THAT YOUR USE OF THE SITE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO.

You understand that we do not, and cannot, guarantee that by using the Site you will pass any radiology board exam.

Sulcus does not duplicate actual exam questions and strictly abides by all ABR policies. By using the Site, you agree to abide by the American Board of Radiology’s “no recall” policy available at https://www.theabr.org/sites/all/themes/abr-media/ABR_Exam_Security_Policy.pdf.

Exclusion and Limitation of Liability

You understand and agree that your use of the Site and/or the services provided via the Site is at your own discretion and risk and that you will be solely responsible for any damages that arise from such use including, without limitation, for loss of data and or any type of malfunction to your computer.

The Site acts as, among other things, a platform to manage radiology case studies and test questions for the radiology board exam. Sulcus does not screen or censor the case studies, including profiles created. Sulcus is not involved in the actual administration of the radiology board exam. As a result, Sulcus is not responsible for any content, the quality, safety or legality of the content posted, the truth or accuracy of the cases, test questions, or content of the site and Sulcus makes no representations about content on the Site. While Sulcus reserves the right in its sole discretion to remove or edit content, Sulcus does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.

Though Sulcus will undertake reasonable efforts to ensure the Site’s operability and availability, we will schedule regular maintenance on the Site, during which times the Site may not be available. Sulcus is not liable for any claim resulting, directly or indirectly, from the Site’s non-availability.

IN NO EVENT SHALL WE OR ANY OF OUR SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES PROVIDED VIA THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SITE AND/OR THE SERVICE (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FEES PAID BY YOU IN THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH DURING WHICH THE CLAIM ARISES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You will defend, indemnify and hold harmless Sulcus and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your use of the Site and/or the services made available via the Site; or (c) your violation of any third-party right, including any copyright, trademark, trade dress, trade secret, or privacy right with regard to content available on the Site. This defense and indemnification obligation will survive the termination of these Terms and your use of the Site.

Suspected Violation of these Terms

Reported or suspected violations of these Terms, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including civil, criminal and injunctive redress. You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms and you consent to injunctive or other equitable relief for such violations. You understand and agree that in Sulcus’s sole discretion and for any reason whatsoever, or for no reason, and without prior notice, Sulcus may terminate your access to the Site.

Claims of Infringement

We respect the intellectual property of others. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to notices of alleged copyright infringement that are duly reported to our designated Copyright Agent identified in the notice below. Sulcus will disable and/or terminate the accounts of users who are repeat infringers. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

Provide your mailing address, telephone number and, if available, email address.
Identify the copyrighted work that you claim has been infringed, or, if multiple works are covered by the Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the Site.
Include both of the following statements in the body of the Notice:

I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).
I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Sulcus at:

help@sulcus.org

While we consider all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

No Refunds

We do not provide refunds for any payments made to use the Site.

General

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. If any dispute relating in any way to these Terms or the policies or your use of the Site shall be submitted to confidential arbitration in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. We have endeavored to comply with all legal requirements known to it in creating and maintaining the Site, but makes no representation that Materials on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Site in any such jurisdiction. You are responsible for compliance with applicable laws. Our failure to require performance of any provision of these Terms shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms and the other documents incorporated by reference herein and any other legal notice published by Sulcus on the Site or in the Materials constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral.

Communicating With Us

If you have any questions about these Terms, you may contact us at help@sulcus.org.