Online Course Terms of Use Agreement and Liability Disclaimer
TL;DR: You won’t hold us responsible if what is taught in this course is off-label or goes awry in clinical practice.
This Online Course and its videos, documents and other associated content (hereinafter inclusively referred to as “Online Course”) has been produced by VesselHarvest.com. When you purchase our Online Course, you agree to this Terms of Use and Liability Waiver.
The information in our Online Course is for educational purposes only and is not intended to be the sole source of education regarding EVH or as substitute for sound clinical decision-making and training. We make no representations, guarantees or warranties that the information in our Online Course is appropriate for you or will result in improvement of your clinical skills or understanding of the EVH procedure. The information in our Online Course is by no means complete or exhaustive and therefore does not apply to all situations, conditions, and settings. The information and instruction in this Online Course is not intended to be medical advice, especially since although we are practicing medical clinicians, we are not YOUR medical clinicians and as such cannot tailor specific portions of our Online Course to your learning style, clinical situation, or hospital institutional protocol.
By purchasing this Online Course and starting, enhancing, or continuing your journey as an Endoscopic Vessel Harvesting provider, you are assuming the risk that may not be appropriate for you and can cause unintended clinical outcomes if it is conducted in a manner incongruent with current medical theory. Also by purchasing this Online Course, you acknowledge differences in daily situational clinical decision-making and Indications for Use for respective EVH products discussed within the Course, and acknowledge differences between approved usage and off-label usage of the EVH scopes available in the mainstream market and do not hold VesselHarvest.com liable or responsible in any way when performing EVH.
By purchasing this Online Course, VesselHarvest.com grants you a nonexclusive, nontransferable, revocable license to access and use our copyrighted Online Course and any associated materials solely for your own personal and non-commercial use. Our Online Course is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any of the content within our Online Course is strictly prohibited. Your purchase of our Online Course does not grant you any ownership rights to our Online Course. Any breach in the terms of this agreement may result in termination of your access to the Online Course materials.
Our Online Course may contain references or links to materials from third-parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Our Online Course is intended solely for Users who are at least age 18 years of age or older. Any use of or access to our Online Course by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use. By purchasing our Online Course, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of the terms and conditions of this Agreement. VesselHarvest.com has sole right and discretion to determine whether to sell our Online Course to any individual and may reject a purchase by any individual with or without explanation.
We will respond quickly to claims of copyright infringement as found in our Online Course, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any copyrights are infringed by our Online Course, please provide us with a written notice via mail, fax, or email that contains the following information:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on our Website;
(4) Your address, telephone number, and email address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
When you complete the purchase process, you will receive a password that will allow you to access our Content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security. If this password is shared with another user in an effort to circumvent the payment wall, VesselHarvest.com reserves the right to cancel your access to the Content and bar you from future participation with this and other courses.
THE CONTENT PROVIDED IN OUR ONLINE COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. VESSELHARVEST.COM, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. VESSELHARVEST.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT.
VESSELHARVEST.COM DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
IN NO EVENT WILL CHRIS DARST, GARNER WILSON, ENLIGHTEN MEDICAL MEDIA, LLC, GJWILSON, LLC, PA FELLOWSHIP, PA STARTUP, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS VIDEO WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KIMBERLEY BELL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE VIDEO(S) WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
This Terms of Service Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of Nebraska without giving effect to the principles of conflict of laws. Any cause of action by you with respect to our Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.