Scope of Terms of Use
StatPearls Publishing, LLC includes the website StatPearls.com, mobile device applications, eBooks, Learning Management System, and CME/CE. The Terms of Use and Privacy Policies refer to this legal entity.
Account Registration
You must register an account with StatPearls to access the content. Registration requires you to provide us with your name, email address, profession, specialty and other information, and to select a username and password that will be associated with your account. You agree that your Registration Information is complete, and you will promptly update your Registration Information as necessary to keep it current. We may verify the accuracy of the Registration Information that you have provided and update it as necessary. You are responsible for maintaining the confidentiality of your StatPearls username and password and you may not permit another person to access StatPearls. If you believe the security of your account has been compromised, you should change your username and password. We shall have no liability for any unauthorized access to your account.
Use of the Services
StatPearls is intended for healthcare professionals. By using StatPearls, you warrant that you have the capacity to agree to these Terms. StatPearls is provided for educational purposes only. StatPearls is in no way intended to serve as a diagnostic service, to recommend treatment, or to substitute for the clinical judgment of a qualified healthcare professional. You are solely responsible for evaluating and using the information obtained.
If you are a consumer who chooses to access StatPearls, you should not rely on that information as professional medical advice or use it as a replacement for any relationship with your healthcare professional. For medical concerns, consumers should consult their own health professional or seek assistance from emergency medical personnel.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to use StatPearls and to view the information made available. You agree not to copy, modify, distribute, license, sell, transfer, publicly display, transmit or otherwise exploit the Services, StatPearls content, StatPearls Apps or eBooks, or StatPearls CME/CE except as expressly permitted in these Terms. All rights not expressly granted are reserved to StatPearls and their respective licensors.
The StatPearls website, Apps, and eBooks may contain links to third-party websites which are not part of StatPearls. You agree that we do not endorse, nor are we responsible or liable for these resources.
You agree that you will not engage in any of the following activities in connection with StatPearls:
Manipulate identifiers in order to disguise the origin of any StatPearls content; Use, display, mirror or frame a StatPearls website, App or eBook, or any component thereof, or StatPearls or StatPearls's trademark, logo or other proprietary information, without the written consent of StatPearls; Remove any copyright, trademark or other proprietary rights notices contained within StatPearls; Use the StatPearls brand, logos, or trademarks in any business name, email, URL or other context unless approved in writing by StatPearls;
Misrepresent your affiliation with another person or entity; Fail to respect another user's privacy. This includes revealing another user's password, phone number, address, or any other personally identifiable information; Use a StatPearls website, StatPearls App or eBook, or any StatPearls content in any manner not permitted by these Terms.
We may do any or all of the following without notice:
Record or pre-screen content submissions to public areas within the StatPearls; Investigate your use of StatPearls as we deem appropriate to comply with any applicable law, regulation, government request or legal process; Remove content we believe does not comply with these Terms of Use; Terminate your access to the StatPearls upon our determination that you have violated these Terms of Use; Edit any StatPearls content.
StatPearls users may submit content, which may include, text, images, photographs, figures, charts, graphics, reports, data and sound. When you submit content through StatPearls you automatically grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable license to distribute, transmit, copy, host, publicly display and perform, excerpt, index, tag, modify, adapt, sell, create derivative works from, and otherwise use and exploit such content in any media, form, or format now known or hereafter developed, both within and outside of StatPearls for any purpose that is consistent with the StatPearls Terms of Use and Privacy Policies. You agree that you are solely responsible for all content that you submit. You represent and warrant that you either are the sole and exclusive owner of all content you submit or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such content as specified in these Terms.
You are solely responsible for ensuring that the content that you make available through StatPearls complies with applicable laws including, without limitation, those relating to privacy, and also best clinical and ethical practices. Prior to submitting any User Content, you must remove any information that identifies an individual or could reasonably enable the identification of an individual, e.g., name, e-mail address, social security number, insurance number or other unique identification number, biometric identifiers, facial photographs, photographs of identifying marks such as tattoos or scars. You shall be solely responsible for any claims arising from your failure to de-identify User Content that you submit.
You agree that you will not use StatPearls to make available content that: you do not have the right to make available under any contractual or fiduciary agreement or law; infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; results in the violation of any applicable law or regulation, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) or any other applicable privacy laws; is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, offensive, or embarrassing to any other person or entity; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; promotes illegal activity; is fraudulent, false, misleading or deceptive; constitutes an advertisement or solicitation of business; or contains viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware.
Proprietary Rights
You acknowledge and agree that the StatPearls software used in connection with the StatPearls contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the StatPearls content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, create derivative works from, or "scrape" for commercial or any other purpose, the StatPearls content or the software, in whole or in part. Any use of StatPearls not expressly permitted by these Terms is a breach of these Terms and may violate our and third parties' intellectual property rights.
You may view information provided through the StatPearls online, download individual articles to your computer or mobile device for later reading or print a copy of an article for yourself. You may not remove any copyright notices from our materials. You agree not to access StatPearls by any means other than through the interface that is provided by us for use in accessing the Services.
Privacy Policy
The StatPearls Privacy Policy, provides information about our collection, use and disclosure of information about users. By accessing and using StatPearls, you agree to the terms of the Privacy Policy and acknowledge and agree that the Privacy Policy forms an integral part of these Terms.
Dealing with Third Parties
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through StatPearls, including requests for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the introduction of such third parties through StatPearls.
Laws that Govern this Agreement
We control those components of StatPearls made available through our website from our offices in Treasure Island, FL, United States of America. By accessing StatPearls, you agree that the statutes and laws of the State of Florida will apply to all matters relating to use of StatPearls.
Notwithstanding the foregoing, you may be subject to certain obligations and responsibilities associated with the jurisdiction in which you practice medicine or another health profession. We make no representation as to the legal compliance of the StatPearls content and you are solely responsible for compliance with the laws of your jurisdiction, with respect to your use and misuse of the StatPearls content.
Termination and Modification
You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the StatPearls or eliminate your account and remove any content that you have made available through StatPearls, with or without notice, for any of the following reasons (which are not intended to be exclusive): (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the content (or any part thereof), (e) technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to StatPearls.
Disclaimer
StatPearls services, StatPearls sites, StatPearls apps and StatPearls eBooks are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, we expressly disclaim any warranties, express implied, including warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the StatPearls services, StatPearls sites, StatPearls apps and StatPearls eBook content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty as to the accuracy, timeliness, completeness or reliability of any content obtained through the services. No information provided through the services or by us in oral or written form will create any warranty not expressly made herein your reliance upon the content obtained or used by you through the services is solely at your own risk. You are solely responsible for all of your communications and interactions with other users of StatPearls. You understand that we do not assume responsibility for screening any user of the StatPearls nor do we verify or take responsibility for user content. We do not provide medical advice and we do not recommend or endorse any specific products, product users, therapies, tests, physicians, healthcare professionals or opinions.
Liability
In no event will StatPearls or any other person or entity involved in creating, developing or delivering the StatPearls, the StatPearls Sites, the StatPearls Apps, the StatPearls eBooks or the content 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) arising out of or in connection with these Terms or from the use of or inability to access or use StatPearls, the StatPearls Sites, the StatPearls Apps, the StatPearls eBooks, or the StatPearls content, or from any communications or interactions with other persons with whom you communicate or interact as a result of your use of StatPearls, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, ours suppliers, or any third parties mentioned with StatPearls are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within StatPearls are not liable for any personal injury, including death, caused by your use or misuse of StatPearls or any information provided through StatPearls. Any claims arising in connection with your use of StatPearls must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.
Indemnity
You agree to defend, indemnify, and hold each of us and our respective 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 access to or use of the StatPearls, the StatPearls Sites, the StatPearls Apps and eBooks, and the StatPearls content or your violation of these Terms.
Notice and Take Down Procedures and Copyright Agent
If you believe any materials within the StatPearls infringe your copyright, you may request removal of those materials by contacting StatPearls Customer Support at Support@StatPearls.com and providing the following information:
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.
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.
Your name, address, telephone number and (if available) e-mail address. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. 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. A signature or the electronic equivalent from the copyright holder or authorized representative. We may terminate the account of any user who we determine is a repeat infringer.
Modifications
We reserve the right, at our sole discretion, to modify, discontinue or terminate any of the StatPearls content or these Terms, at any time and without prior notice. If we modify these Terms in a material way, we will provide notice of such modification within the StatPearls users. By continuing to access or use StatPearls after we have modified these Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the StatPearls.
Complete Agreement
Except as expressly provided in a particular "legal notice" on the website, these Terms constitute the entire agreement between you, StatPearls and StatPearls with respect to your use (and prior use) of the StatPearls the associated and the StatPearls content.
These Terms constitute the entire and exclusive understanding and agreement between StatPearls, StatPearls and you regarding StatPearls and these Terms supersede and replace any and all prior oral or written understandings or agreements between StatPearls, StatPearls and you regarding use of StatPearls.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without StatPearls and StatPearls's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. StatPearls or StatPearls may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding material modifications to these Terms, will be in a written form and given: (i) by us via email (in each case to the email address included in your Registration Information); or (ii) by posting within the StatPearls. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
No Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Survival
All provisions of these Terms shall survive termination of your StatPearls account except for your license to access and use the StatPearls content.
Contact Us
If you have questions about the Services or these Terms, or you wish to provide feedback, please contact us at Support@StatPearls.com. By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to us to use to improve StatPearls.
Privacy
This Privacy Policy applies to the websites www.StatPearls.com which is operated by StatPearls Publishing, LLC, including the mobile optimized versions of these websites. Except where otherwise noted, statements in this Privacy Policy with respect to the Sites also apply to the StatPearls Device Applications (or "Apps" or “eBooks”) for iPhone, iPad and Android devices, which include StatPearls Mobile and eBooks.
This Privacy Policy describes how we may collect, use and disclose information about users of StatPearls. StatPearls for purposes of this Privacy Policy means the Sites, the Apps, eBooks, and all information and services provided to you in connection with your use of the Sites and Apps including, without limitation, reference content, tools, applications, sponsored programs, advertising, email communications, continuing medical education and discussions. We may share information collected under this Privacy Policy among the respective Sites and Apps that we each own or control, but information collected under this Privacy Policy is always protected under the terms of this Privacy Policy.
Information That We Collect
In this section of our Privacy Policy, we discuss the information we may collect about you in connection with your use the Services, which can include "Personal Information" (i.e., information that we can use to identify you, such as your name or email address) and "Non-Personal Information" (i.e., information that we do not use to identify you). As described below, we may associate Non-Personal Information with Personal Information and upon doing so such information will become Personal Information.
Registration
When you register to become a member of the StatPearls, we request certain Personal Information from you such as your name and e-mail address, zip code, profession, occupation and specialty. You may choose to update and/or supplement the Personal Information that you provided at registration at any time through your account settings.
Market Research
From time to time, we may invite you to participate in market research surveys for StatPearls and market research surveys conducted on behalf of third party sponsors either by StatPearls or a third party, where in this context "sponsor" means the provider of products and services who commissioned the survey. StatPearls surveys may be administered by one of our companies or by a third party acting on our behalf. For some surveys, you may be asked to provide contact information for honoraria fulfillment.
Continuing Medical Education
When you participate in a Continuing Medical Education (CME) or a Continuing Education (CE) activity made available to you through StatPearls, you may be asked to provide Personal Information as required by that particular activity.
Tools
Clinical tools may be available through the Services. These tools may require you to provide Personal Information for the tools to operate.
Additional Forms
From time to time we may offer you the opportunity to receive additional information or services from us or from third parties (e.g., sample request, sales rep visit, etc.). If you wish to receive such information, you may be asked to provide additional Personal Information to fulfill the request. We may use such information as described in this Privacy Policy and the third party, if applicable, will use such Personal Information as described at the point of collection.
Cookies and Web Beacons
We collect Non-Personal Information about your use of the Sites and the Apps, as further described in the Mobile Device Application section, below, through the use of cookies and web beacons. "Cookies" are small data files that we assign to your computer's hard drive when you visit a Site, an App or eBook, or open an email. "Web beacons" are graphic image files imbedded in a web page typically used to monitor activity on a web page and send back to its home server (which can belong to the host site, a advertiser or some other third party) information from your browser, such as the IP address, the URL of the page on which the beacon is located and the content viewed, the type of browser that is accessing the site and the ID number of any cookies on your computer previously placed by that server. Most browser software can be set to reject all cookies, however, if you choose to reject cookies then your ability to access and use StatPearls will be limited.
We use cookies to: (i) track usage of the StatPearls; (ii) help us deliver more relevant content to users of StatPearls; (iii) assess which StatPearls users access; (iv) track who has opened our emails, (iv) track question scoring for quality improvement. If you are a member of the StatPearls, we may elect to associate our cookies and the information collected by our cookies with your registration information, thereby making the cookie information Personal Information.
Mobile Device and eBook Applications
You must register with the StatPearls to purchase access to Apps and eBooks which means that all information that we collect about your use of the Apps and eBooks is Personal Information that we may use in the same manner as information about your use of the StatPearls content as described in this Privacy Policy. If you do not want us to collect Personal Information about your use of our Apps or eBooks, then please do not use our Apps or eBooks. We do not obtain any information about your mobile device other than its brand, make and model and the type of operating software that it uses.
Non-registered Users
You must register with the StatPearls to access all of StatPearls content, however, you may be able to access certain limited content without registering. Even if you have not registered, we collect Non-Personal Information about your use of StatPearls through the use of cookies. The Non-Personal Information we collect includes the referring website, if applicable, the type of browser you use, the material viewed, and the time and date that you accessed the Services.
Emails Sent To Us
This Privacy Policy does not apply to information, content, business information, ideas, concepts or inventions that you send to us by email or other non-StatPearls communication. If you want to keep content or business information, ideas, concepts or inventions private or proprietary, do not send them to us.
Information Shared With Third Party Sources
We may also collect additional information about members of the StatPearls from third party sources to assist us. For example, we may use third party information to verify and update your registration information and to personalize the StatPearls access provided to you.
Communications
By registering for the StatPearls, you are consenting to receive certain communications. Specifically, we may use your registration information to send you communications about our products and services and the products and services of our third party sponsors through pop-ups, banners and e-mails. You may also subscribe to receive certain e-mail questions or articles sent to registered users, which you may manage through the personal area within your account settings.