End-User Service Agreement
SCHOLARLOCKER SERVICES ARE USED IN PROVIDING THESE SERVICES TO YOU ON THIS SITE (“SERVICES”) AND INCLUDE PROPRIETARY MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME UPON NOTICE FROM SCHOLARLOCKER LLC, WHICH NOTICE MAY BE PROVIDED TO YOU ON THE PAGES THROUGH WHICH YOU ACCESS OR USE THE SERVICES. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT HERETO. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST NOT USE THE SERVICES!
Outlined here are the key points of the End-User Service Agreement. Please read the full Agreement for clarification.
- Use of ScholarLocker constitutes acceptance of these terms.
- ScholarLocker is and will always be a free service to its medical student users.
- All content shared by the user is private to exclusive groups within ScholarLocker or the ScholarLocker network at large, depending on the user’s preference.
- The user owns all information and content that they share through ScholarLocker and can modify and/or remove their content at any time.
- The user pledges to behave in a professional manner on ScholarLocker, respecting other users’ privacy and rights.
- ScholarLocker LLC will terminate access to the Services for any user who violates these terms in order to protect the privacy and rights of its other users.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by Scholarlocker LLC, are provided to the user under the terms and conditions of this Agreement. Any amendments to this Agreement, and any operating rules or policies that may be published from time to time by Scholarlocker LLC, will be incorporated to this agreement. Registration for ScholarLocker and/or posting of any content to the site constitutes agreement to these terms and conditions.
2. DESCRIPTION OF SERVICES
Scholarlocker LLC is providing the user with any or all of the following services: (a) meta-search; (b) community services; (c) file storing and sharing, and (d) any other services which Scholarlocker LLC may elect to provide in the future. Scholarlocker LLC has no obligation to provide the Services directly to User. Scholarlocker LLC reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice to User. User agrees that Scholarlocker LLC and their third party service providers shall not be liable to User or any third party for any modification or discontinuance of the Services.
Scholarlocker LLC does not and will not charge the user for the Services. ScholarLocker is intended to be a free resource and advice sharing hub for all medical students. ScholarLocker LLC reserves the right to charge for enhancements the user may elect to obtain.
3. USER’S REGISTRATION OBLIGATIONS
User must be at least thirteen (13) years old to register for the Services. The user must be a either a full-time medical student, resident, or attending physician with a verified medical school email address to register for ScholarLocker. In consideration of use of the Services, User agrees to: (a) provide true, accurate, current, and complete information about User as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by User (“Registration Data”) is untrue, inaccurate, not current, or incomplete, Scholarlocker LLC has the right to terminate User’s account and refuse any and all current and/or future use of the Services.
4. USE OF REGISTRATION DATA
User acknowledges that Registration Data is to be used for internal privacy control and quality assurance by Scholarlocker LLC. Scholarlocker LLC agrees not to contact User if User informs Scholarlocker LLC of User’s preference not to be contacted. User agrees that Scholarlocker LLC, or a designee of Scholarlocker LLC, may disclose Registration Data to third parties about User and information about User’s use of the Services, provided that such disclosures do not include User’s name, mailing address, email address, telephone or facsimile number, or account number, unless: (a) User has co-registered to receive any third party products or services, or has otherwise authorized Scholarlocker LLC and/or Client to disclose such information; (b) such disclosure is required by law or legal process; or (c) User violates any of the terms set forth in Section 8 below.
5. USER CONTENT
Scholarlocker LLC considers email and any shared content transmitted via the Services to be the private correspondence of the sender. Scholarlocker LLC will not monitor, edit, or disclose the contents of a User’s private communications, except that User agrees that Scholarlocker LLC, and their third party service providers may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce this Agreement; (d) to respond to claims that such contents violate the rights of third parties; or (e) to protect the rights or property of Scholarlocker LLC, its third party service providers, or others. User acknowledges that content posted to public community areas is publicly available and that Scholarlocker LLC does not take any responsibility for such content. However, Scholarlocker LLC reserves the right to remove any public content posted by a User that violates any law or condition of this Agreement, upon notice of such violation. User understands and agrees that technical (and sometimes manual) processing of email communications, search requests, community postings, and any other information supplied by User is and may be required: (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Services; or (d) to conform to other, similar technical requirements. User acknowledges and agrees that Scholarlocker LLC and their third party service providers do not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another. ScholarLocker LLC claims no ownership of any content shared by the user on the site. All content shared by the user can be edited and/or removed at any time by User. Inappropriate content will be removed at the discretion of the ScholarLocker administrators, based on feedback from users through our rating and commenting system, or based on the feedback from team members of ScholarLocker working on improving the content and quality of the site. ScholarLocker LLC claims no ownership of any content shared by the user on the site. All content shared by the user can be edited and/or removed at any time by User. Inappropriate content will be removed at the discretion of the ScholarLocker administrators, based on feedback from users through our rating and commenting system, or based on the feedback from team members of ScholarLocker working on improving the content and quality of the site.
6. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
User is required to have a verified email address from a participating medical school (Example: John_Doe@hms.harvard.edu) or must be invited to use the Services by ScholarLocker LLC. User will designate a password and receive an account upon completing the registration process for the Services. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User’s account. User agrees to immediately notify Scholarlocker LLC of any unauthorized use of User’s password or account or of any other breach of security. ScholarLocker reserves the right to extend access to groups such as hospitals and residency programs.
7. USER CONDUCT
User agrees to abide by all applicable local, state, national, and international laws and regulations during use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other users. User agrees to be solely responsible for the contents of User’s private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services. User agrees: (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies, and regulations of networks connected to the Services; (d) not to resell the Services or use of or access to the Services; and (e) to comply with all applicable laws regarding the transmission of technical data exported from the United States. User agrees not to upload, post, email, or otherwise transmit through the Services: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, “junk mail,” “spam,” “chain letters,” or other forms of solicitation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. User acknowledges and agrees that Scholarlocker LLC may ban User from future use of the Services if User does not comply with Scholarlocker LLC’s standards of conduct, even if User attempts to use the Services under a different name. Furthermore, User acknowledges and agrees that Scholarlocker LLC may recover damages from User if the user violates these terms.
User agrees to indemnify and hold Scholarlocker LLC and their third party service providers, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Services, User’s connection to the Services, User’s violation of this Agreement, or User’s violation of any rights of another party.
9. STORAGE OF COMMUNICATIONS
At ScholarLocker, our goal is to provide easy and uninterrupted Services to the user, to improve the quality of medical education and collaboration. However, Scholarlocker LLC and their third party service providers assume no responsibility for the deletion or failure to store messages, communications, or other content maintained or transmitted through the Services. Scholarlocker LLC may establish in its sole discretion an upper limit on the extent of message storage it will maintain for User.
(a) User agrees that Scholarlocker LLC or their third party service providers may terminate User’s password, account, or use of the Services if Scholarlocker LLC or their third party service providers believe: (i) that User has violated or acted inconsistently with the letter or spirit of this Agreement; or (ii) that User has violated the rights of Scholarlocker LLC or their third party service providers or other Users or parties. (b) User agrees Scholarlocker LLC may immediately delete User’s account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Services under any provision of this Agreement. User also acknowledges and agrees that termination of any of the Services may be effected without prior notice.
The Services may provide, or users may include in shared content or community postings on ScholarLocker, links to other Web sites or resources. User acknowledges and agrees that Scholarlocker LLC and their third party service providers are not responsible for the availability of such external sites or resources, or for User’s use of deep links, and that Scholarlocker LLC and their third party service providers do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
12. SCHOLARLOCKER LLC’S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Services or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Scholarlocker LLC or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express authorization.
13. DISCLAIMER OF WARRANTIES
(a) USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. (b) SCHOLARLOCKER LLC AND THEIR THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (c) SCHOLARLOCKER LLC, CLIENT, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER’S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SCHOLARLOCKER LLC, CLIENT, OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. (d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS OBTAINED AT USER’S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. (e) SCHOLARLOCKER LLC, CLIENT AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. (f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM SCHOLARLOCKER LLC OR THEIR THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. (g) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.
14. LIMITATION OF LIABILITY
(a) USER AGREES THAT SCHOLARLOCKER LLC, CLIENT AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF SCHOLARLOCKER LLC, CLIENT, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) USER FURTHER AGREES THAT SCHOLARLOCKER LLC, CLIENT, AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. (c) USER ACKNOWLEDGES THAT PURSUANT TO SECTION 512 OF THE DIGITAL MILLENIUM COPYRIGHT ACT, SCHOLARLOCKER LLC HAS A POLICY PROVIDING FOR TERMINATION OF SERVICES TO ACCOUNT HOLDERS WHO ARE REPEAT OFFENDERS. HOWEVER, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL SCHOLARLOCKER LLC BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT. (d) IN NO EVENT SHALL SCHOLARLOCKER LLC BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF . (e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.
Scholarlocker LLC may modify this Agreement at any time, and such modifications shall be effective immediately upon posting or other method of notification to User, which notice may be provided on the Web pages through which User accesses or uses the Services. User’s continued access or use of the Services shall be deemed to be User’s conclusive acceptance of the modified Agreement.
Scholarlocker LLC and its third party service providers are intended beneficiaries of this Agreement. Scholarlocker LLC shall not be liable to User for any breach by third party service providers of this Agreement. This Agreement and the relationship between User and Scholarlocker LLC and Client shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. User and Scholarlocker LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the state of New Jersey. The failure of Scholarlocker LLC and its third party service providers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.