SUBSCRIBER TERMS AND CONDITIONS AGREEMENT WITNESSETH:

WHEREAS, AAGL, a California corporation committed to providing access to cutting edge video based educational materials concerning minimally invasive gynecologic surgery; and

WHEREAS, Subscriber has subscribed to the SurgeryU Website ("SurgeryU Site") which provides content to subscribers in the medical profession and patients; and

WHEREAS, Subscriber acknowledges that the Site is for educational purposes only; and

WHEREAS, Subscriber acknowledges that:

1. The execution of this Agreement is a condition precedent to being allowed to subscribe and view content on SurgeryU.

NOW, THEREFORE, Subscriber hereby agrees as follows:

1. Generally
The contents of the SurgeryU Site, such as text, graphics, images, information obtained from SurgeryU’s licensors, and other material contained on the SurgeryU Site (“Content”) are for informational and educational purposes only. The Content is not intended to be a substitute for independent professional medical advice, judgment, diagnosis, or treatment. We believe in the quality of the Content, however, Subscriber acknowledges that each patient care decision must be individualized, and that not all techniques on our website are appropriate for all patients. Always exercise your independent judgment regarding a medical condition and treatment options. You, individually, are solely responsible for your choice of treatment plan.

This Site does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by SurgeryU, SurgeryU employees, others appearing on the Site at the invitation of SurgeryU, or other visitors to the Site is solely at your own discretion.

2. Use of Content
SurgeryU authorizes you to view the SurgeryU Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © 2009 AAGL/SurgeryU All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the SurgeryU Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with AAGL or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of SurgeryU. All rights not expressly granted herein are reserved to SurgeryU and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

3. Liability of SurgeryU and its Licensors
The use of the SurgeryU Site and the Content is solely at your own discretion. SurgeryU and its Content providers bear no responsibility for a Subscriber's decision to utilize a particular technique or procedure on an individual patient, even if a recommendation is provided on the SurgeryU discussion forum. When using the SurgeryU Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of SurgeryU. Accordingly, SurgeryU assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the SurgeryU Site. Further, SurgeryU does not and will not participate in any legal proceedings involving Subscribers or Content providers, nor will we supply any Content documentation, as the Content on the Site has been edited and does not represent the entire case.

The SurgeryU Site and the Content are provided on an “as is” basis. SurgeryU, AND ITS LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, SurgeryU, and licensors make no representations or warranties about the following:

1. The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on orthrough the use of the SurgeryU Site.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the SurgeryU Site.

4. In no event shall SurgeryU, its licensors, or any third parties mentioned on the SurgeryU Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the SurgeryU Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not SurgeryU, its licensors, or any third parties mentioned on the SurgeryU Site are advised of the possibility of such damages. SurgeryU, its licensors, or any third parties mentioned on the SurgeryU Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content, (as defined below). Any claims arising in connection with your use of the Site or, any Content, must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

4. Indemnity
You agree to defend, indemnify, and hold SurgeryU, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

5. Home Base
We are based in Cypress, California, in the United States of America. SurgeryU makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the SurgeryU site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

6. Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with SurgeryU, or in any way relating to your use of the SurgeryU Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving SurgeryU or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

7. Notice and Takedown Procedures
If you believe any materials accessible on or from the Site infringe your copyright, or other intellectual property rights, you may request removal of those materials (or access thereto) from this Website by contacting SurgeryU and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

8. Complete Agreement
These Terms and Conditions constitute the entire agreement between you and AAGL with respect to the use of the SurgeryU Site and Content. SurgeryU is committed to providing the highest quality video-based educational Content regarding minimally invasive gynecological procedures. We welcome you to our Site!

Information contained in your personal profile is used by AAGL for official correspondence only. It is not viewable by other members on this site other than to indicate what city and state or country you are located in. If you wish, you may opt to share this information by clicking on the share my contact information checkbox. Furthermore, your image and bio are used for the purpose of providing information about yourself when you upload a video or post a message.

The collaboratives were created to facilitate discussions regarding issues in MIS. Topics may include anything pertaining to these issues ranging from teaching endoscopy, credentialing, techniques for procedures, sources for equipment or supplies, etc. The opinions expressed herein may contain suggestions positions and viewpoints but do not represent the official views of the AAGL or AAGL/SurgeryU. Collaborative are offered to stimulate dialogue, discussion and interaction in our continuing mission of expanding our field and goals as an educational organization.

If you find issue with any postings please email forumadmin@aagl.org. Any correspondence is kept strictly confidential. Participation is open to anyone with an interest in this area and may include physicians and allied health professionals. This collaborative is NOT open to the public, patients or industry. Any solicitations, commercial or product posting are strictly prohibited.

Thank you for your interest. We hope you find the SurgeryU Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form