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Legal Terms

Last revision 02 Apr 2012

1

Introduction

This website (hereinafter referred to as "Website") is located at www.alert-student.com and is registered under ALERT Life Sciences Computing, S.A. (hereinafter referred to as “ALERT”) and is operated by ALERT.

The structure, design, texts, images and sound, as well as logos, names, brands and distinctive signs in the Website are protected by intellectual property rights and/or other that are exclusively entitled to ALERT or licensed to ALERT. The reproduction or copy, by any means, of the Website's content, are expressly prohibited.

The Website is intended to enable the remote use (Web), upon registration, of ALERT® STUDENT (hereinafter referred to as “ALERT® STUDENT” or “SERVICE”), software that is the property of ALERT.

The Service is intended for individuals of over sixteen (16) years of age with enough capacity to exercise their rights (hereinafter referred to as "User").

 

2

Agreement

YOU MUST READ THE PRESENT CONDITIONS AND CONTRACTUAL TERMS CAREFULLY BEFORE REGISTERING AS A USER OF THE SERVICE. THE PRESENT CONDITIONS AND CONTRACTUAL TERMS ARE THE AGREEMENT CELEBRATED BETWEEN THE USER AND ALERT REGARDING THE USE OF ALERT® STUDENT.

 

BY SELECTING "CREATE ACCOUNT", THE USER ACKNOWLEDGES HAVING READ THE PRESENT AGREEMENT, UNDERSTOOD ITS CONTENT AND ACCEPTED ALL ITS TERMS AND CONDITIONS WITH NO RESERVES. SHOULD THE USER OPT NOT TO ACCEPT SOME OR PART OF THE PRESENT TERMS AND CONDITIONS, S/HE WILL NOT BE ELIGIBLE TO USE ALERT® STUDENT.

 

3

The Service

ALERT® STUDENT was developed with the following purpose:

1. To create an individual learning and clinical knowledge base;

2. To improve the study of biomedical sciences by making the act of studying more efficient;

3. To summarize and prioritize clinical knowledge;

4. To create local knowledge communities that can include teachers and students.

 

4

Functionalities

Among other functionalities, by using ALERT® STUDENT the User is able to:

1. Search and read basic science (for example, biology, biochemistry, pharmacology, psychology, among other) concepts and clinical concepts, including pathologies and diagnosis and treatment  methodologies, which are organized on flashcards with topics, whilst visualizing relations between those concepts;

2. Create own topics on flashcards and customize relations between these and other content created by the User, other groups, healthcare facilities or ALERT, in real time;

3. Create and edit notebooks, i.e. sets of topics and flashcards grouped for individual study purposes;

4. Customize knowledge presented on flashcards with study tools and create notes, highlight text, input time for studied content and generate study statistics for each User;

5. Test acquired knowledge with a questions and answers module to allow the User to establish study priorities in the following sessions;

6. Create User groups, invite other User or request permission to join a User group;

7. View personal and group evolution in relation to each notebook;

8. Print notebooks.

 

5

Language

The Website is currently available in Portuguese, English and Spanish and provides concepts in these languages as well.

 

6

Payment

ALERT currently provides free access to this Service. ALERT reserves the right to, upon previous notification to the User, start charging a price for allowing Users to access and use the Service.

 

7

Data Telecommunication Services (SMS)

ALERT reserves the right to charge a price for the sending of text messages (SMS) services, whenever those are made available. Current roaming prices and fees charged by Mobile Communication Operators, according to current tariffs, will be added to this price.

 

8

Updates and improvements ("Releases")

The Service includes the access to updates and improvements to ALERT® STUDENT which may be made available by ALERT during the term of the Agreement.  ALERT does not guarantee and is not responsible for guaranteeing a minimum number of releases to the User. ALERT is neither responsible for the maintenance of functionalities existing in previous releases.

 

9

Security and availability

ALERT adopts technical measures to guarantee the Service availability with no interruptions or with the interruptions that are essential for its respective maintenance, as well as security. Nevertheless, ALERT does not guarantee that the files available in the Website are free of viruses, Worms and Trojan Horses that may have or display contaminating and/or destructive features.

 

10

Privacy policy and personal data processing

ALERT is committed to preserving the privacy, security and integrity of data registered and transmitted by the User in ALERT® STUDENT and has therefore adopted technical measures to protect that data. Personal data processing is regulated by ALERT's PRIVACY POLICY and we recommend its reading.

 

11

Data transfer

As ALERT® STUDENT is accessed remotely, all information registered in ALERT® STUDENT, including during the respective registration process, will be physically stored in an ALERT Server, which is held by ALERT or contracted with a third party.

THE USER EXPRESSLY CONSENTS AND AUTHORIZES ALERT TO STORE AND PROCESS THE DATA REGISTERED IN ALERT® STUDENT, INCLUDING, WITHOUT LIMITATION, THE PERSONAL DETAILS REGISTERED BY THE USER, IN A SERVER OR SERVERS - DATA CENTER - LOCATED INSIDE THE EUROPEAN UNION OR IN THE UNITED STATES OF AMERICA.

 

12

Registration process

The provided personal data is intended to enable User registration according to Service availability. Some of the personal data registered by the User during the registration process will be visible to other Users, such as the User's name, user profile, facility and e-mail. The latter may be hidden by the User afterwards. The User recognizes that if his/her photo is published on the Website, the same will be visible to the other Service Users.

THE USER AGREES TO REGISTER FULL AND TRUE INFORMATION AND TO CONTINUALLY UPDATE THAT INFORMATION, WITHOUT VIOLATING ANY THIRD PARTY RIGHTS.

During the registration process, the User is informed of all the steps leading to the Service's availability, and is able to cancel the registration at any time. The User recognizes and accepts, for all legal effects, that s/he will be contacted by e-mail to receive acknowledgement of the successful conclusion of the registration process.

If the registration process is not concluded, including payment, if applicable, the User will have to go through a new registration process.

 

13

Service use

The Service is intended for the User to use as a repository of personal knowledge as a student of medicine, teacher of medicine or as a physician, with the aim of creating a medical knowledge community founded on a problem based approach.

The concepts used by the User will be shared with other Users or groups of Users that are duly registered in ALERT® STUDENT, and will be considered as being collaborative by default. The User will define the group of Users which will have editing access.

The User is responsible for all content, information, data and/or other that s/he may register and/or convey through the Website and/or Service; the User therefore agrees to assess and assume all risks associated to conveying that data.

The User accepts and recognizes that s/he shall previously verify and make a critical analysis of any information and/or content made available in ALERT® STUDENT and that s/he shall not exclusively use ALERT® STUDENT's information and/or content to justify and/or support any decisions and/or actions (by action or omission).

Also, any ALERT® STUDENT alerts, orientations or advice (as, for example, dynamic results) provided to the User, which may or may not be the result of combining data from the User and ALERT® STUDENT's own content, shall always be interpreted as being merely informative and they do not dispense and neither replace their critical analysis.

 

14

What the User MUST do:

1. Obey the law and the present terms and conditions;

2. Keep login and password information totally secret;

3. Immediately notify ALERT of any breach of security or other that may concern the Service.

 

15

What the User MUST NOT do:

1. Violate, intentionally or not, the law and the present terms and conditions;

2. Lend or bestow the respective login and password to third parties;

3. Imitate or pretend to be someone else or misuse the User's relation with a third party;

4. Threat, insult or harass any person or group of persons;

5. Cause, by any means, any harm, especially to under eighteens (18s) or to any underprivileged person or group of persons;

6. Register and/or bestow, in the Website or by e-mail, any content that may be of an illegal, threatening, provocative, abusive, defamatory, obscene, pornographic, privacy violating, racist or discriminatory nature, against any person or group of persons;

7. Register and/or bestow, without having any rights for that purpose, any content regarding law or contracts, including confidential information gathered in the professional or work relations scope, such as physician-patient, or any information that violates intellectual property rights, copyrights, personality rights or any other third party rights;

8. Register and/or bestow or use any part of the Service as a destination for unauthorized or unsolicited publicity and/or messages (with a commercial purpose or otherwise) for persons or groups of persons;

9. Register and/or bestow any software with any viruses or any other code, file or computer program conceived to interrupt, destroy, damage or limit the functionality of the Website or the Service or of any other hardware, software or telecommunications equipment;

10.         Copy, bestow, modify, distribute, exhibit or publicly perform or create any work derived for any content available in the Website, excepting when the content's author is the User him/herself or it has been authorized by the content's creator;

11. Obtain or store other user or users' personal data, without their previous consent;

12. Use any part of the Service as destination for unsolicited messages (with a commercial purpose or otherwise);

13. Use any automated process or service (like BOT, spider, periodic data caching or meta-search) to access and/or use the Service;

14. Damage, rendering unavailable, overload or decrease the Service's capabilities (or the networks linked to the Service) or by any means interfere with the use and good functioning of the Service.

IT IS STRICTLY FORBIDDEN TO REPRODUCE OR COPY, TEMPORARILY OR PERMANENTLY, BY ANY PROCESS OR WAY, THE TRANSFORMATION OF ITS PARTS OR THE WHOLE, THE DECOMPILATION OR ANY FORM OF REVERSE ENGINEERING OF ALERT® STUDENT.

 

16

Website's content and information made available by ALERT

Notwithstanding what is stated in paragraph 1. (“Introduction”), the content and information entered and made available in the Website by ALERT have been compiled by ALERT with respect to diligence duties and care to which it is obliged. In any of those cases, and to the maximum extent of the applicable law, ALERT does not guarantee that the available information and content are exempt of errors – human and/or of an IT nature – delays, interruptions, loss of data, omissions and/or other defects.

The Website's content and information have a pedagogic and scientific nature and they must not be used on their own to justify any decision, act or omission, of a medical or treatment nature, including medication prescription to self or to third parties, and are not exempt of previous verification and/or critical analysis.

 

17

Inspection

ALERT DOES NOT GUARANTEE THE INSPECTION OF THE REGISTERED AND/OR BESTOWED CONTENT BY THE WEBSITE'S USERS AND CANNOT THEREFORE GUARANTEE ITS LAWFULNESS, ACCURACY, INTEGRITY, TECHNICAL AND SCIENTIFIC VALUE AND/OR QUALITY, NEITHER BE HELD RESPONSIBLE FOR THE NON FULFILLMENT OF THE PRESENT TERMS AND CONDITIONS BY USERS.

NOTWITHSTANDING THE ABOVE MENTIONED, ALERT RESERVES THE RIGHT TO REFUSE, REMOVE AND/OR BLOCK ACCESS TO ANY CONTENT THAT MAY BREACH THE PRESENT TERMS AND CONDITIONS AND/OR THAT MANIFESTS AN ILLICIT NATURE, AS WELL AS TO ARCHIVE AND/OR DIVULGE THAT CONTENT WHENEVER THAT IS REQUESTED BY ANY ADMINISTRATIVE OR JURISDICTIONAL AUTHORITY PROVIDED BY LAW.

 

18

User connections

ALERT cannot be deemed responsible for any damage that occurs from any connections established between the User and other users of the Service, such as chats or forums.

 

Notwithstanding what is provided above, ALERT reserves the right to intervene as the Website's Moderator.

 

19

Advertising

ALERT cannot be deemed responsible for any damage caused from any connections established between the User and other entities advertised on the Website.

 

20

Hyperlinks

The Website may have hyperlinks to other internet websites registered under ALERT or other.  ALERT does not have any connection and/or control over websites registered under other persons' name, which access is possible from the abovementioned hyperlinks and cannot be deemed responsible for the content therein made available, its truth, correctness and/or accuracy, neither by the use made of them.

 

21

Sending of electronic mail messages to ALERT

ALERT will endeavor to reply promptly to any electronic mail messages received from the Website, and will try to consider the reply time requested by the User. However, ALERT cannot estimate or guarantee the necessary reply time.

 

22

Assignment of contractual position

ALERT may assign this Service Agreement to third parties, in whole or in part, upon giving previous notice to the User under the terms of the following paragraph.

 

23

Notices and consent regarding electronic information

The present Agreement comes in an electronic format. There is data regarding the Service that ALERT must send to the User in electronic format under current law and under the present terms and conditions. Any information will be sent to the following contacts:

1. The e-mail address indicated by the User during the registration process;

2. Any ALERT website specified in an e-mail notice sent to the User.

Notices provided via e-mail will be deemed given and received on the transmission date of the e-mail.  As long as the User can access and use the Service, the User has the necessary software and hardware to receive these notices. If the User does not consent to receiving notices electronically, the User must stop using the Service.

ALERT may also publish notices on the Website, eventually by creating hyperlinks to those warnings, for either communicating any amendments to the present terms and conditions, or for any other purpose.

 

24

Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. ALERT MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. THIS INCLUDES BUT IS NOT LIMITED TO THE WARRANTY OF ADEQUACY TO A DETERMINED PURPOSE EITHER THAN THE INTENDED ONE.

THE USER ACCEPTS THAT DOWNLOADING OR ANY OTHER FORM OF OBTAINING MATERIALS, PRODUCTS, PROGRAMS OR SERVICES IS DONE AT THEIR OWN RESPONSIBILITY AND RISK, AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF DATA OR DAMAGE TO THE USER'S COMPUTER SYSTEM.

 

25

Limitation of liability

Notwithstanding what is stated in paragraph 1. (“Introduction”), the content and information entered and made available in the Website by ALERT have been compiled by ALERT with respect to diligence duties and care to which it is obliged. In any of those cases, and to the maximum extent of the applicable law, ALERT does not guarantee that the available information or content are exempt of errors – human and/or of an IT nature – delays, interruptions, loss of data, omissions and/or other defects.

The Website's content and information have a pedagogic and scientific nature and they must not be used on their own to justify any decision, act or omission, of a medical or treatment nature, including medication prescription to self or to third parties, and are not exempt of previous verification and/or critical analysis.

IN ANY CASE SHALL ALERT BE LIABLE FOR ANY DAMAGE BE IT DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OF ANY KIND, RELATED TO OR RESULTING FROM THE USE, DOWNLOAD OR ACCESS TO ANY MATERIALS, INFORMATION, PRODUCT OR SERVICES BY THE USER, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF INCOME OR PROFITS, PROGRAMS OR OTHER INFORMATION, EVEN IF ALERT HAS BEEN EXPRESSLY INFORMED OF SUCH POSSIBILITY. SUCH LIMITATION AND EXEMPTION OF LIABILITY APPLIES TO ANY CAUSES FOR LEGAL ACTION, WHETHER BASED ON THE CONTRACT, LIABILITIES OUTSIDE THE CONTRACT OR BASED ON THE WARRANTY.

ALSO, ALERT SHALL NOT BE DEEMED RESPONSIBLE FOR ANY DAMAGE, LOSS OF BENEFIT AND/OR OTHER LOSS CAUSED TO THE USER OR TO THIRD PARTIES BY ACT OF GOD OR FORCE MAJEURE.

THE USER ACCEPTS THAT THE INTERNET IS A PUBLIC NETWORK AND AS SUCH ALERT CANNOT BE DEEMED RESPONSIBLE FOR ANY DAMAGE INCURRED FROM USING THE INTERNET.

ALERT DOES NOT TAKE RESPONSIBILITY FOR THE INCORRECT USE OF ITS SERVICES, NEITHER FOR ANY LOSS OR DAMAGE CAUSED BY THAT INCORRECT USE.

IN ANY CASE, SHALL ALERT BE HELD LIABLE FOR MORE THAN THE TOTAL SUM PAID BY THE USER.

THE AFOREMENTIONED LIMITATIONS OF LIABILITY DO NOT APPLY TO DAMAGE RESULTING FROM ANY BREACH OF ALERT'S INTELLECTUAL PROPERTY RIGHTS OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.

Some jurisdictions do not allow the limitation or exclusion of warranty, which means that some limits or exclusions of warranty may not apply to the User.

 

26

Termination

The User acknowledges that ALERT may, by its own initiative, cancel access to the Service, namely due to:

1. Payment failure;

2. Violation of any intellectual property rights of ALERT or of any third party;

3. Breach of the present terms and conditions of access;

4. By the decision of any administrative or jurisdictional authority provided by law.

Following the aforementioned cases, ALERT may refuse any new subscription request to the User for the acquisition of ALERT®’s services and/or any request to ALERT. In those cases, ALERT shall not be held liable for any damages or losses.

 

27

Final Provisions

ALERT reserves the right to, at any moment, and without previous notification, review the present conditions of access and use as effective from the date of its publication.

Should any of the provisions in the present terms and conditions be considered illegal or inapplicable, in whole or in part, the same must be considered as not integrating the same terms and conditions, the remaining contractual provisions being deemed valid and applicable.

 

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