Essentials of Cardiac Surgical Resuscitation (ECSR)

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BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED AND ACKNOWLEDGED ACCEPTANCE OF THIS AGREEMENT.

COPYRIGHT LICENSE

This Copyright License, together with this site’s Terms  of Use, govern the license of The Essentials of Cardiac Surgical Resuscitation (ECSR) Training Tool-Kit (the “Materials”).

BY CLICKING “I AGREE,” YOU: (1) REPRESENT THAT YOU ARE DULY AUTHORIZED BY THE PERSON OR ENTITY ON WHOSE BEHALF YOU ARE LICENSING THE MATERIALS (“LICENSEE”) TO ENTER INTO THESE AGREEMENTS; AND (2) ACCEPT THIS SITE’S TERMS OF USE AND THIS COPYRIGHT LICENSE.  IF YOU DO NOT AGREE TO BOTH THE TERMS OF USE AND THIS COPYRIGHT LICENSE, DO NOT CLICK THE “I AGREE BUTTON” AND YOU WILL HAVE NO LICENSE TO, AND MUST NOT COPY, DISTRIBUTE, DISPLAY, PERFORM, OR OTHERWISE USE THE MATERIALS.

License grant: Essentials of Cardiac Surgical Resuscitation, LLC (“ECSR”) grants Licensee a nonexclusive, nontransferable, nonsublicenseable, fully paid, royalty-free license to reproduce and distribute the Materials internally for educational purposes.

Acknowledgement of ownership: Licensee acknowledges and agrees that ECSR and/or its licensors own all rights, including copyright, in the Materials, and Licensee will not challenge, and will not assist any third party in challenging, ECSR’s ownership or the validity of those rights.

Reservation of rights: ECSR reserves all rights not expressly granted to Licensee in this Copyright License.

TERMS OF USE

1. Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT ECSR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL. OR EXEMPLARY DAMAGES RESULTING FROM: A) THE USE OR INABILITY TO USE THE SERVICE; B) THE COST OF ANY GOODS AND OR SERVICES PURCHASED; C) ERRORS IN CONTENT; D) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; E) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; F) USER-GENERATED CONTENT; G) ANY OTHER MATTER PERTAINING TO THE SERVICE; H) ANY BREACH OF THIS AGREEMENT BY ECSR OR FAILURE TO PROVIDE THE SERVICE UNDER THIS AGREEMENT.

2. Registration and Account: In order to complete a purchase for services, you must register for an account and provide certain information about yourself as prompted on the registration form. You represent and attest that all required information you submit is truthful and accurate. You may delete your account at any time, for any reason, by submitting a written request. ECSR may suspend or terminate your account in accordance with the Term and Termination section below.

3. Acceptable Use Policy: You agree not to use the site to collect, upload, transmit, display or distribute any user content: a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right or publicity, or any other intellectual property or proprietary right; b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, promotes racism, bigotry, hatred, or physical harm against any group or individual or is otherwise objectionable; c) that is harmful to minors; d) or is in violation of any applicable law, regulation, obligation or restriction imposed by any third party. Views expressed in user-generated content are not necessarily endorsed by the website.

In addition, you agree not to: a) upload, transmit or distribute to or through the site any computer viruses, worms, spiders, malware, bots, or any software intended to damage or alter a computer system or data; b) send through the site unsolicited or unauthorized advertising, promotional materials, spam, pyramid schemes; c) use the site to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; d) interfere with, disrupt, or create an undue burden on servers or networks connected to the site, or violate the regulations, policies or procedures of such networks; e) attempt to gain unauthorized access to the site (or to other computer systems or networks connected to or used together with the site, whether through password mining or other means; f) harass or interfere with any other user’s use and enjoyment of the site; g) or use software or automated agents or scripts to produce multiple accounts on the site.

  1. Certain Restrictions: The rights granted to you in this agreement are subject to the following restrictions: a) you shall not license, sell, rent, lease, transfer, assign, host, distribute outside the organization, or otherwise commercially exploit the site or materials, whether in whole or in part, or any content displayed on the site; b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the site or materials without written express permission of ECSR; c) you shall not access the site in order to build a similar or competitive website, product or service, or to discover information that could be used to compete against ECSR; d) except as expressly stated herein, no part of the site or materials may be republished in any form or by any means.
  2. Term and Termination: These terms will remain in full force and effect while you use ECSR services. We reserve the right to investigate and/or take appropriate action against the Licensee in our sole discretion if you violate the Acceptable Use Policy or other provision of these terms or otherwise create liability for us or any other person. Such action may include removing your license to use the materials, terminating your account, and/or reporting you to legal authorities.

We may suspend or terminate your rights to use the site or materials at any time for any reason at our sole discretion, including failure to verify your identity, for non-payment, or for any use of the services in violation of these terms. We will attempt to notify you of termination where we have advance notice. Upon termination of your rights under these terms, your account and right to access and continue use of the services will terminate immediately. ECSR will not have any liability whatsoever to you for any termination of your rights under these terms, including for termination of your account. ECSR reserves the right, at any time, to modify, suspend, or discontinue its services (in whole or in part) with or without notice to you. You agree that ECSR will not be liable to you or to any third party for the modification, suspension, or discontinuation of the services or any part thereof.

  1. No Support or Maintenance: You acknowledge and agree that ECSR will have no obligation to provide you with any support or maintenance in connection with the services.
  2. Privacy and Confidentiality: ECSR has established a privacy policy to explain how your personal information is collected and used. Visit the home page to access this information.
  3. Refund Policy: Due to the downloadable nature of the service, refunds should be sought, and will be granted, if made within 72 hours of purchase and prior to downloading the materials. ECSR reserves the right to withhold or grant refunds beyond this date based on a review, after written request from the licensee.
  4. Governing Law: Essentials of Cardiac Surgical Resuscitation LLC, is established in California, USA.