Terms of Use

Surgical Performance Pty Ltd (“SurgicalPerformance” or “we”) provides the content posted on the SurgicalPerformance.com website and other related websites (the “SurgicalPerformance Website”) to you subject to the following Terms of Use. When you use the SurgicalPerformance Website, you agree to be bound by these Terms of Use. These Terms of Use incorporate the SurgicalPerformance Privacy Policy posted on the SurgicalPerformance Website, as well as the terms of any subscriber agreement that may exist between you and SurgicalPerformance. To the extent there is a conflict between these Terms of Use and your subscriber agreement, the terms of your subscriber agreement will control your use of the SurgicalPerformance Website. Please read these Terms of Use carefully. If you do not agree with these Terms of Use, please do not use the SurgicalPerformance Website.

The SurgicalPerformance Website

The SurgicalPerformance Website, including the text, graphics, and software that appear on the SurgicalPerformance Website, is owned by SurgicalPerformance Pty Ltd and is subject to copyright and other intellectual property rights under Australian, foreign laws and international conventions. Users may not re-post Surgical Performance content on other websites, or otherwise use or publish such content without the prior written permission of Surgical Performance. Users cannot re-sell or otherwise deal with Surgical Performance‘s content to third parties or prepare derivative works of Surgical Performance‘s content without the prior written permission of Surgical Performance.

Permission to reproduce

SurgicalPerformance material Permission to reproduce material from the SurgicalPerformance service in another publication or web site must be secured in writing. To request permission to reproduce material from SurgicalPerformance, please submit your request in writing via e-mail. You may wish to include a copy of the material for which you are requesting permission. Your permission request must include the following information:

  • Title of the topic review or figure (figure titles can be found in the outline of each topic review)
  • The title of the topic review in which a requested figure appears
  • The format in which the material will be reproduced (e.g. print, CD, Internet)
  • Title, publisher, author/editor, and publication date for the publication in which the figure and/or topic review will be reproduced.

Please send your permission request to [email protected]

Allowed Uses

SurgicalPerformance encourages its users to use its content for clinical, educational, or research use. Such material should be printed directly from the SurgicalPerformance service so that the copyright statement is visible and must be given free of charge. Users may email individual topic reviews and graphics to others, including patients and colleagues as permitted by the website’s functionality. We reserve the right to limit or suspend your use of the SurgicalPerformance Website, by electronic self-help or other means and without notice, if we believe you have committed a breach of security or violated these Terms of Use, subject only to any terms in your subscriber agreement, as applicable. SurgicalPerformance reserves all of its rights in the SurgicalPerformance Website not expressly granted to you by these Terms of Use.

Subscriber Accounts

If you create a subscriber account for the SurgicalPerformance Website, you agree to complete the registration process by providing current, complete, and accurate information as required by SurgicalPerformance. You are responsible for all activities that occur under your account. You agree to notify SurgicalPerformance immediately of any unauthorized use of your account or any other breach of security. SurgicalPerformance will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by SurgicalPerformance or another party due to someone else using your account. You may not use anyone else’s account at any time.

Privacy

These Terms of Use incorporate the entirety of the SurgicalPerformance Privacy Policy posted on the SurgicalPerformance Website.

No Unlawful Use

You agree not to use the SurgicalPerformance Website for any purpose that is unlawful or prohibited by these terms, or the terms of a subscriber agreement you have with SurgicalPerformance, if applicable. You may not use the SurgicalPerformance Website in any manner that could damage, disable, overburden, or impair any SurgicalPerformance server, or the network(s) connected to any SurgicalPerformance server, or interfere with any other party’s use and enjoyment of the SurgicalPerformance Website. You may not attempt to gain unauthorized access to any portion of the SurgicalPerformance Website, other accounts, computer systems, or networks connected to any SurgicalPerformance server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the SurgicalPerformance Website.

No Warranties

SUBJECT TO APPLICABLE LAWS, NEITHER SURGICAL PERFORMANCE, NOR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, EMPLOYEE, LICENSOR, LICENSEE, DISTRIBUTOR, SUPPLIER, AGENT, OR RESELLER OF SURGICALPERFORMANCE (COLLECTIVELY, THE “SURGICALPERFORMANCE ENTITIES”) MAKE ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SURGICALPERFORMANCE SERVICES, WHICH ARE PROVIDED “AS IS”, OR WITH RESPECT TO THESE TERMS OF USE. THE SURGICALPERFORMANCE ENTITIES EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SURGICALPERFORMANCE WEBSITE. In addition, please note that the SurgicalPerformance Website may include technical inaccuracies or typographical errors. SurgicalPerformance has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the SurgicalPerformance Website, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the SurgicalPerformance Services on any particular device or communications service. SurgicalPerformance has no obligation to provide you with notice of any such changes, and SurgicalPerformance is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the SurgicalPerformance Website, except as provided by your subscriber agreement with SurgicalPerformance, if applicable.

Limitation of Liability

IN NO EVENT WILL THE SURGICALPERFORMANCE ENTITIES OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SURGICALPERFORMANCE WEBSITE OR THESE TERMS OF USE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SURGICALPERFORMANCE WEBSITE, EVEN IF THE SURGICALPERFORMANCE ENTITIES OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the SurgicalPerformance Entities from all liabilities, claims, and expenses, including legal fees that arise from your use of the SurgicalPerformance Website. SurgicalPerformance reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SurgicalPerformance in asserting any available defenses. You agree that, in the event of our need to exercise this Indemnification right, you may be liable to meet any reasonable legal costs we incur.

Modifications

SurgicalPerformance may modify these Terms of Use from time to time and changes will be effective upon posting to the SurgicalPerformance Website. You agree to be bound by any modification of these Terms of Use when you use the SurgicalPerformance Website, effective after their posting to the SurgicalPerformance Website. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any changes.

Claim of Copyright Infringement

SurgicalPerformance respects the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the SurgicalPerformance Website in a way that constitutes copyright infringement, you may send a notification of claimed copyright infringement to SurgicalPerformance‘s designated agent along with the following information:

  • the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf
  • a description of the copyrighted work that you claim has been infringed and a description of the infringing activity
  • identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published
  • identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow SurgicalPerformance to locate the material
  • your name, address, telephone number, and email address
  • 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
  • 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 are authorized to act on the copyright owner’s behalf

SurgicalPerformance‘s designated agent for notice of claims of copyright infringement on the SurgicalPerformance Website can be reached by email at [email protected] Please note that this contact information is only for reporting copyright infringement and any other inquiries reported through this process will not be guaranteed a response.

Trademarks

All of the SurgicalPerformance trademarks are owned by SurgicalPerformance Pty Ltd and may not be used for any purpose without the prior written permission of Surgical Performance Pty Ltd.

SurgicalPerformance.com – Subscription and License Agreement

By clicking the “join” button and using the software, you agree to become bound by the terms of this Subscription and License Agreement (this “Agreement”). If you do not agree to these terms, do not join.

READ THE FOLLOWING USE CONDITIONS AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE INDICATING YOUR ACCEPTANCE.

In this Agreement, the term “you” refers to: (i) an individual registered medical practitioner purchasing an SurgicalPerformance subscription, either on his or her own behalf or as agent for a corporation or other entity or organization; or (ii) an individual registered medical practitioner consenting to this Agreement as a condition of using SurgicalPerformance through a subscription purchased by a hospital, medical school or other institution (“Institution”), where the individual is employed by or affiliated with the Institution. LICENSE: Surgical Performance Pty Ltd (“SurgicalPerformance“), in consideration of payment of the applicable subscription fee and acceptance of this Agreement, grants you a non-exclusive, non-transferable license and right to use and access the SurgicalPerformance database and software (the “Licensed Materials”) in accordance with the applicable subscription terms. INDIVIDUAL: An individual subscription permits one individual registered medical practitioner to access and use the Licensed Materials by using his or her unique user name and password to access the Licensed Materials from any location via the Internet. INSTITUTIONAL SUBSCRIPTION: An Institutional Subscription permits individuals who are employed by or affiliated with the relevant institution to access and use the Licensed Materials at any Internet-connected computer validated for such use by SurgicalPerformance, but only for the clinical, educational or research purposes of the Institution. OWNERSHIP: The Licensed Materials, including without limitation all copyrights and other intellectual property rights therein, are the sole and exclusive property of SurgicalPerformance (or its parents, subsidiaries, affiliates, or designees). By indicating that you accept these terms, you do not become the owner of the Licensed Materials, but are entitled to use them according to the terms of this Agreement. SUBSCRIPTION TERM: You have obtained the right to use and access the Licensed Materials for a specific limited period of time, i.e., the subscription period for which you or your Institution have agreed to pay subscription fees. At the end of this period, your license and your associated rights, such as technical support, will continue automatically, unless you or your Institution has advised to cancel your subscription on SurgicalPerformance‘s then-current terms. Should you decide not to forward your subscription payment, your subscription will expire. SurgicalPerformance may embed technology in the Licensed Materials causing them to become inaccessible after your subscription term. The Agreement and your license to use the Licensed Materials will also terminate if you fail to comply with any term or condition in this Agreement. RESTRICTION AGAINST TRANSFER: You may not sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials whether by merger, operation of law or otherwise. USE OF PROFESSIONAL JUDGMENT: The providers of the Licensed Materials have conscientiously and carefully created a system for anonymous performance review of individual users and/or institutions. The system provided is thought to be a system from medical professionals for medical professionals. The licensed material should not be used to display a user’s performance to third parties but it should rather provide individual users feedback on their individual or department’s performance. The Licensed Material does not suggest who good doctors (who should continue doing what they do) or bad doctors (who should change their practice) are. Assessment of performance is based on the standards of professional practice at the time of publication and will be changed as new evidence becomes available. SurgicalPerformance is not suitable as a tool for medical decision making. The Licensed Materials describes the assessment of performance of diagnosis and treatment of medical conditions. The information provided in the Licensed Materials is no substitute for individual patient assessment, diagnosis and treatment based upon the healthcare provider’s examination of each patient and consideration of laboratory data and other factors unique to the patient. The Licensed Materials should be used as a tool to measure the individual’s and/or a department’s performance in the diagnosis and treatment of medical conditions. We need to bear in mind that individual and unique circumstances may influence the user to choose management options outside the “normal” scope of diagnosis and treatment. Nowhere the providers of the Licensed Materials will express an opinion about the quality of the diagnosis and treatment provided by users. LIMITED WARRANTY: If the media supplied to you by SurgicalPerformance containing the Licensed Materials is defective, such media will be replaced without charge if returned to the place of purchase within 60 days after date of payment of the license fee. EXCEPT AS SET FORTH IN THE FOREGOING SENTENCE, NEITHER SURGICALPERFORMANCE NOR ANY OTHER PARTY OR MEDICAL SOCIETY MAKES ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED “AS IS”. ALL OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE LICENSED MATERIALS. LIMITATION OF LIABILITY: IN NO EVENT WILL SURGICALPERFORMANCE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE LICENSED MATERIALS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF SURGICALPERFORMANCE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SURGICALPERFORMANCE OR SUCH OTHER PARTY’S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE PAID FOR THE LICENSED MATERIALS. You agree that this Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods. GENERAL: If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by SurgicalPerformance. SurgicalPerformance‘s waiver of any right shall not constitute a waiver of that or any other right in the future. This Agreement shall be governed by and construed in accordance with the laws of Australia and the State Of Queensland. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and cancelled. Should you have any questions regarding this Agreement, you may contact SurgicalPerformance at the email address set forth below. Surgical Performance Pty Ltd [email protected]