WEBSITE TERMS, POLICIES AND CONDITIONS

MIAMED GmbH
Sachsenring 73
50677 Köln
(hereinafter called “AMBOSS”)

Managing Directors:
Dr. med. Madjid Salimi, Dr. med. Nawid Salimi, Benedikt Hochkirchen

Registered office: Cologne
Commercial Register: AG Cologne, HRB 33282

Subsidiary:

Our representative and wholly-owned subsidiary in the US:

AMBOSS MD Inc.
234 5th Avenue, 2nd Floor
New York, NY, 10001
Phone: 347-467-1221

Last modified: March, 30, 2016

Welcome to www.amboss.com (the “Website”). The following terms, policies and conditions (these “Terms”) represent the entire contract between you and AMBOSS with respect to the Website and the fee-based subscription therein. By entering the website and using the products, services, and other resources (the “Resources”) made available through the website, you are agreeing to be bound by these Terms.  If you do not agree to the terms, policies and conditions of these Terms, you may not use the Website or its Resources.

AMBOSS reserves the right to modify these Terms at any time. AMBOSS will inform you by E-Mail about any modifications at least 2 weeks prior to their effective date. You have the right to object to the modifications within two weeks after receipt of the E-Mail. If you do not object to the modifications within two weeks after receipt of the E-Mail, the modifications are considered as being accepted by you. AMBOSS will stress the significance of the two-weeks-period once more in the notification of the modification.

License: In consideration of and subject to your payment of the appropriate subscription fee for the Resources you subscribe to, and your agreement to and compliance with the terms, policies and conditions set forth in these Terms, AMBOSS grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use and access the content posted at the Website (the "Licensed Materials") according to the terms, policies and conditions set forth in these Terms.

Term: The term of these Terms and the license granted in these Terms shall be concurrent with the term of your subscription to the Website ("Term") and may be terminated earlier than the expiration of your subscription as provided below.

Access: You may access the Website during the Term from multiple places, locations, and computers, but you are not allowed to access the Licensed Materials from more than one place, location, or computer at the same time. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Access to Licensed Materials: You shall be allowed to use the Licensed Materials for the specific product(s) to which you have subscribed. Each product has its own subscription fees and duration. You are not allowed to access the content of products that you have not subscribed to. Subscribing to one product does not mean that you will have access to all products.

Member Account/Password and Security: You must complete AMBOSS's registration process in order to subscribe to and use the Resources by providing us with current, complete, and accurate information as prompted by the registration form. You also will choose a password and a User name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify AMBOSS immediately of any unauthorized use of your account or any other breach of security. AMBOSS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Furthermore, you could be held liable for losses incurred by AMBOSS or another party due to someone else using your account or password.

Conclusion of contract/Subscription Term:

Any display or presentation of the resources and License-Materials shall not constitute a binding offer by AMBOSS. Rather you have the option to submit a binding offer for the conclusion of a contract by clicking the button “Purchase” after completing the online order process. After submission of the offer, AMBOSS will send an order confirmation to you by E-Mail. The order confirmation constitutes the acceptance of your offer by AMBOSS.

The license granted to you under these Terms includes the right to use and access the Licensed Materials for the product(s) you have subscribed to for the subscription period you initially choose. At the end of this period, your right to use and access the Licensed Materials will expire automatically, unless you renew your subscription under the terms, policies and conditions then current. These Terms and your license to use the Licensed Materials are also subject to termination by AMBOSS, at its sole and absolute discretion, if you fail to comply with any term, policy, or condition in these Terms.

Payment: Payment will be made by (Credit Card).

Instruction of withdrawal (applies only to private consumers according to § 13 BGB)

Right of withdrawal

You have the right to withdraw from this contract within 14 days giving any reason.

The withdrawing period will expire after 14 days from the day of conclusion of the contract. To exercise the right of withdrawal, you must inform us (AMBOSS GmbH, Sachsenring 73, 50677 Köln, Germany, Fax: +49 30 5770221-99, E-Mail: info@amboss.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use this attached model withdrawal (https://www.amboss.com/us/withdrawal/) form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (With the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day of which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

End of the Instruction of withdrawal

Restriction against Transfer: You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials. All accounts at AMBOSS are monitored for multiple log-ons. In the event that AMBOSS believes in its sole and absolute discretion that an account is being used by multiple users at the same time, AMBOSS reserves the right to terminate that account without any notice or refund. We also retain the right to sue on grounds of breach of contract, copyright infringement, and other available legal claims. Therefore, please do not disclose your account details to anyone else.

Ownership: Except as otherwise provided below, the Licensed Materials, including all intellectual property rights in the Licensed Materials, such as copyright and trademark, are the sole and exclusive property of AMBOSS. By indicating that you accept these terms, policies and conditions, you do not acquire any ownership interests of any kind in the Licensed Materials, but you are entitled to use them according to the terms of these Terms.

Trademarks: AMBOSS’s name, the terms AMBOSS, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of AMBOSS or its affiliates or licensors. You must not use such marks without the prior written permission of the AMBOSS. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

Permitted uses: Some of the Licensed Materials are configured in a manner that permits you to print them for your personal use ("Printable Content"). You may print out the Printable Content from the most current version of the Website solely for your personal educational use. No other copies may be made and/or transmitted. All print-outs of Printable Content must include the AMBOSS copyright notice, which appears on the Printable Content. AMBOSS reserves the right to withdraw permission to print content at any time in its sole and absolute discretion. Except as provided in these Terms, you may not print any of the content appearing on the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@AMBOSS.de.

Prohibitions: Except as otherwise expressly provided in these Terms, you are expressly prohibited from copying, downloading, printing, transmitting, broadcasting, disseminating, reverse engineering and/or modifying any or all of the Licensed Materials. No part of the Licensed Materials may be copied for resale or other commercial use, or offered for sale or reproduced on any bulletin boards, web sites, discussion forums, Internet domains, or online chat rooms. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted at the Website. You may not disclose or share your password with any third parties or use your password for an unauthorized purpose.

Violations: In the event that you breach any of the terms, policies, and conditions of these Terms, AMBOSS may, in its sole and absolute discretion, terminate these Terms, your access to the Website and its provision of Resources to you without refund. AMBOSS reserves the right to seek all remedies available by law and in equity for such breaches.

Content Provided to Us or Posted on or Through the Website or the Resources: Some of our Resources allow you to upload, submit, store, send or receive content (“User Contribution”). We are not responsible for the content, accuracy or compliance with relevant laws or regulations of any User Contribution that contains content that is not owned by AMBOSS. However, by posting, uploading, inputting, providing or submitting ("Posting") a User Contribution, you grant us (and those we work with) a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to publish, post, reformat, index, archive, make available and link to such User Contribution in all forms and media (whether now known or later developed), in connection with the operation of our respective businesses (including, without limitation, the Resources) and to permit others to do so. You shall not make any User Contribution anonymously, and you warrant and represent that any such User Contribution is original, and has been written by you. We are under no obligation to display or otherwise use any User Contribution you may provide, and we may remove any User Contribution at any time in our sole discretion. By Posting such a User Contribution, you also warrant and represent that you own or otherwise control all of the rights to your User Contribution including, without limitation, all the rights necessary for granting the permission specified above.

You may not use the Website or the Resources to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law.  AMBOSS may at any time exercise editorial control over the content of the Resources.

We shall have the right, but not the obligation, to monitor User Contributions to determine compliance with these Terms and any operating rules we establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any User Contribution.

Copyright Infringement: If you believe that any User Contribution violates your copyright, please send us a notice of the copyright infringement. It is the policy of AMBOSS to terminate the user accounts of repeat infringers.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to us.  

Links from the Website: If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer: The Resources are intended for physicians, other healthcare professionals, and medical students. By using the Resources, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these terms, policies and conditions, and that you are not prohibited from using the Resources or any portion thereof.

The information and tools that we make available through the Resources are provided for educational and informational purposes only.

If you are a healthcare professional, while we hope you find the Resources useful to you, they are in no way intended to serve as a diagnostic service or platform, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You agree that you will not use the Resources with the intention of creating any kind of physician/patient relationship, e.g., to diagnose or treat users. You are solely responsible for evaluating the information obtained from the Resources and for your use or misuse of such information in connection with your treatment decisions or otherwise. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you and the practice of medicine or other relevant health profession.

Because of rapid advances in the medical sciences and changes in government regulations and clearances, we recommend that independent verification of diagnoses, treatments, indications choice of drugs and drug dosages should be made. Discussions, views, and recommendations expressed may not be considered absolute and universal for every situation.

If you are a medical student, the Resources provided by AMBOSS should be used only as a tool to assist you in preparing for licensing exams and for no other purpose. The Resources are not intended to replace the traditional classroom education experience and are solely intended as a review of the important testable material.  AMBOSS makes no representations or warranties of any kind whatsoever regarding the outcome of any exams that you are preparing to take or may take after using the Resources provided by AMBOSS.  AMBOSS is in no way affiliated with the NBME, the FSMB, the USMLE, or any other governing licensing body.

If you are a consumer who chooses to access the information made available through the Resources, you should not rely on that information as professional medical advice or use the Resources as a replacement for any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency medical personnel.  The Website and the Resources do not constitute the practice of any medical, nursing or other professional healthcare advice, diagnosis or treatment.

Warranties and Limitation of Liability. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

AMBOSS shall be fully liable for damages to life, body and health caused by a negligent or intentional breach of duty by AMBOSS, or its legal representatives or agents as well as for damages or loss which its encompassed by the liability pursuant to German Product Liability Act. For damages or loss which is not covered by sentence 1, and which is due to intentional or grossly negligent breaches of the contract as well as bad faith on the part of AMBOSS, its legal representatives or its agents, AMBOSS is liable pursuant to the statutory provisions. In such cases however, the compensation liability is limited to the foreseeable, typically-occurring damages and loss, insofar as AMBOSS, its legal representatives or agents have not acted intentionally. AMBOSS is liable for other damage or loss which is caused through simple negligence, insofar as the negligence pertains to the breach of such contractual obligations whose compliance is of particular importance for the attainment of the contract purpose (cardinal obligations). However, AMBOSS is only liable insofar as the damage or loss is typically connected with the contract and insofar as it is foreseeable. A further liability of AMBOSS is hereby excluded, regardless of the claim’s legal nature; this shall apply in particular for tortious claims or claims for compensation to futile expenses instead of the performance. Insofar as AMBOSSs liability is excluded or limited, this also applies to the personal liability of its employees, workers, representatives and agents.

AMBOSS PROVIDES THE RESOURCES AND LICENSED MATERIALS "AS IS" AND WITHOUT ANY GUARANTEE OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, , FREEDOM FROM COMPUTER VIRUS OTHER HARMFUL COMPONENTS OR TECHNOLOGICAL DIFFICULTIES IN ACCESSING OR SUING THE WEBSITE, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR PERFORMANCE.

Indemnification. You hereby agree to indemnify and hold AMBOSS, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys' or legal fees, arising out of or in connection with your violation of these terms, policies and conditions, and your use of or inability to use any of the Resources.

Contract language: Contract language is English.

Privacy:  These Terms incorporate the entirety of our Privacy Policy, found at https://www.amboss.com/us/legal/privacy

Governing Law and Jurisdiction: These Terms constitute 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 canceled. These terms are governed by the laws of the Federal Republic of Germany to the exclusion of any conflict of laws and the United Nations Convention. The place of Jurisdiction for any claims arising under these Terms– as far as permissible – shall be AMBOSS’s head office. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any provision contained in these Terms shall be deemed a further or continuing waiver of such provision or any other provision