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Legal Agreement
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TERMS AND CONDITIONS

Updated September 1, 2008

LEGAL AGREEMENT

The Terms and Conditions set forth in this document apply to all visitors ("you" or "user") to the Surgisphere Corporation ("Site" or “Surgisphereâ€) and constitute a binding, legal agreement ("Agreement") between you and the Surgisphere Corporation. These Terms and Conditions govern your use of the Surgisphere Site. Please read the entirety of the Terms and Conditions carefully. Through access or use of this Site in any way, access or use of any Surgisphere products or services, or access or use of any site affiliated with Surgisphere, you agree to and are bound by the Terms and Conditions set forth in this document. This agreement supercedes any other versions on any affiliate site, product, brochure, or software license.

WEB SITE

The Surgisphere Corporation, its executives, employees, affiliates, agents, partners, and associates make available its information, data, documents, products, services, Internet Site, downloads, audio, videos, webcasts, tools, resources, images, content, photographs, and other material (“Intellectual Propertyâ€) to users of this Site.

INTELLECTUAL PROPERTY

All of the contents of this Site, including the content found on the sites of affiliates of the Surgisphere Corporation, the ClinicalReview.com Wiki (wiki.clinicalreview.com), inclusive of the selection and arrangement, presentation, and styling, are protected by copyrights, trademarks, patents, and trade secrets. Any unauthorized use of any of this content without the expressed written permission in advance by the Surgisphere Corporation is a violation of international intellectual property laws and our Terms of Use. You agree not to copy, reproduce, republish, modify, adapt, rent, lease, resell, loan, sell, distribute, display, license, reverse engineer, create a local copy, use any data gathering tools, use any robots, attempt to extract data, or provide access to third parties any portion of the Site.

The ClinicalReview.com Wiki (wiki.clinicalreview.com) is copyrighted material and all rights are reserved. The content may not be reproduced or redistributed in any manner without the express written consent of the Surgisphere Corporation.

The trademarks and images on this Site are the exclusive property of the Surgisphere Corporation. Reproduction of these marks in any way is prohibited. Any violation of Surgisphere Intellectual Property will result in a referral to the medical board for revocation of your professional license, your medical school dean for revocation of your diploma, and the office of the attorney general office for prosecution.

The Surgisphere Corporation will investigate all matters brought to its attention under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCAâ€). Any such notification must be accompanied by a physical or electronic signature of the authorized entity with a thorough and precise description of the exact nature of the work in question, including its precise location on the Site and sufficient justification regarding the violation. You agree under the penalty of perjury that all information submitted in this manner is accurate and valid. Please see our contact information at the bottom for notices to be sent.

Every attempt has been made to appropriately and properly holders of various copyrighted materials for permission to reproduce copyrighted material. If any permissions have been inadvertently overlooked, the Surgisphere Corporation would be pleased to make the necessary and reasonable agreements at the first opportunity. Various images and videos used on this Site and within our textbooks are used with permission from various third party resources, including iStockPhoto.com, Getty Images, 3D4Medical, Dreamstime, and MedicalRF.

TRADEMARKS

SURGISPHERE, CLINICALREVIEW, MIDWESTAUDIT, EZBILLERS, the Surgisphere logo, the Clinical Review logo, the Midwest Audit logo, the EZBillers logo, and any other trademarks on the Surgisphere Site are trademarks owned by the Surgisphere Corporation. You may not use these trademarks in any manner whatsoever, including on the products or services of others, in a way that creates confusion regarding the source or sponsor of a product, or in any disparaging or discrediting manner. These trademarks may not be reproduced in print or electronic media, including forum or bulletin board systems.

USER ACCOUNTS

You are permitted to create a single, personal user account on this website by completing the registration process. You are required to keep your username and password private and to prevent the use of your account by anyone other than yourself. Attempting to use your user account to contact other members of this Site, displaying profane or inappropriate messages, disparaging or discrediting Surgisphere, posting illegal or restricted information, taking part in unprofessional conduct, using this Site excessively or from more than one computer, or other actions that we may deem to be inappropriate may result in suspension or cancellation of your account without refund. Providing access to anyone other than yourself to materials on the Surgisphere Site will result in revocation of your account without refund. Any accounts with invalid information, including the use of a false name, e-mail address, mailing address, or telephone number will be cancelled without refund.

DISCLAIMER

THIS SITE AND ALL OF ITS RELATED CONTENTS, THE CLINICALREVIEW.COM WIKI, THE PRINTED TEXTBOOKS, AND ALL OTHER MATERIAL RELATED TO OR PRODUCED BY THE SURGISPHERE CORPORATION ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND. SURGISPHERE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPLICIT OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER SURGISPHERE NOR ANY OF ITS EXECUTIVES, OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, OR ANY AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR DAMAGES ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE, OR THE CONTENTS OF THIS SITE AND ASSOCIATED PRODUCTS. THERE IS NO GUARANTEE, WARRANTY, OR PROMISE OF FITNESS OR ACCURACY FOR TEST PREPARATION PURPOSES, MEDICAL CARE OR ADVICE, VALIDITY OR ACCURACY OF ANY OF THESE CONTENTS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY APPLYING TO ALL KINDS OF DAMAGES OF ANY KIND, AND INCLUDES WITHOUT LIMITATION ALL DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, LOSS OF OR DAMAGE TO PERSON OR PROPERTY. THE USER IS HEREBY NOTIFIED THAT TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS MAY BE PRESENT. THE CONTENTS OF THIS SITE SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE AND A QUALIFIED PRACTITIONER SHOULD BE CONSULTED BEFORE STARTING, MODIFYING, OR ENDING ANY CLINICAL INTERVENTION. THE MAXIMUM LIABILITY OF THE SURGISPHERE CORPORATION SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT.

THERE IS NO WARRANTY, EITHER EXPLICIT OR IMPLIED, FOR A PARTICULAR PURPOSE. PROFESSIONAL JUDGMENT AND / OR GUIDANCE FROM A CERTIFIED MEDICAL PROFESSIONAL SHOULD BE OBTAINED PRIOR TO TAKING ANY ACTION OR TREATMENT BASED ON INFORMATION IN THIS SITE. THE INFORMATION IN THIS SITE IS PROVIDED “AS IS†AND YOU USE THIS INFORMATION AT YOUR OWN RISK. FITNESS OR MERCHANTABILITY FOR A PARTICULAR PURPOSE IS NOT GUARANTEED. THE SURGISPHERE CORPORATION WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THE INFORMATION ON THIS SITE.

WAIVER AND COVENANT NOT TO SUE

This is a legally binding Release, Waiver, Discharge and Covenant Not to Sue (collectively, "Release"), made voluntarily by you, on your own behalf, and on behalf of your heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, "Releasor," or "you", which terms shall also include Releasor's parents or guardian, if Releasor is under 18 years of age) to the Surgisphere Corporation.

As the Releasor, you fully recognize that the Surgisphere Corporation does not require me to participate in this Activity. With informed consent, and for valuable consideration received, including assistance provided by the Surgisphere Corporation, as the Releasor, you agree to assume and take on yourself all of the risks and responsibilities in any way arising from or associated with this material, and you release the Surgisphere Corporation and all of its affiliates, divisions, departments and other units, committees and groups, and its and their respective governing boards, officers, directors, principals, trustees, legal representatives, members, owners, employees, student volunteers, agents, administrators, assigns, and contractors (collectively "Releasees"), from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that you may suffer at any time arising from or in connection with the review course, including any injury or harm to others (collectively "Liabilities"), and you agree to defend, indemnify, and save Releasees harmless from and against any and all Liabilities.

As the Releasor, you recognize that this Release means you are giving up, among other things, all rights to sue Releasees for injuries, damages or losses you may incur. You also understand that this Release binds my heirs, executors, administrators, legal representatives and assigns, as well as yourself. You agree that this Release shall be governed for all purposes by North Carolina law, without regard to such law on choice of law.

You have read this entire Release. You fully understand the entire Release and acknowledge that you have had the opportunity to review this Release with an attorney of your choosing if you so desire, and you agree to be legally bound by the Release.

LINKS

You may link to the home page of the Surgisphere Corporation (www.surgisphere.com) and the Clinical Review home page (www.clinicalreview.com). You are also permitted to make direct links to any page within the ClinicalReview.com Wiki in the following format:

Link: http://www.clinicalreview.com/Members/Wiki/index.php?title=[field name]
Title: www.ClinicalReview.com - [pertinent text regarding the subject matter]

Linking to the Wiki in such a manner as to disguise or alter the copyright notices, logos, or intrinsic text or properties of the ClinicalReview.com website is strictly prohibited. Any other links or means to circumvent our copy protection and limited access areas of the website are strictly prohibited.

GOVERNING LAW

These Terms and Conditions shall be governed by the laws and regulations of the State of North Carolina. With your purchase, you agree to submit to the exclusive jurisdiction of the courts of the State of North Carolina and waive any objections to such courts.

TERMINATION

If any part of these Terms and Conditions are suspended or canceled, the Disclaimer shall survive any such termination.

AFFILIATES

Affiliates of the Surgisphere Corporation include ClinicalReview.com, MidwestAudit.com, and EZBillers.com.

REGISTERED AGENT

Surgisphere Corporation
3604 Witherspoon Blvd
Suite 111
Durham, NC 27707

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