Terms of Use

Last updated: October 31, 2023

1. Introduction

We are OpenAnesthesia (“OA,” “we,” “us,” “our”), an informational and educational resource sponsored by the nonprofit International Anesthesia Research Society (“IARS”). These Terms of Use (“Terms”) govern your use of our websites and online services, including our website https://www.openanesthesia.org and our SelfStudyPLUS (“SSP”) website at https://selfstudyplus.learnswell.io and service at https://ssp.openanesthesia.org (collectively, the “Services”). Our Privacy Policy is incorporated into and made part of these Terms.

Please read these Terms carefully before using the Services. By accessing the Services in any way, including, without limitation, browsing the Services, using information obtained from the Services, and/or submitting information to the Services, you agree to these Terms.

From time to time, we may update these Terms by posting the updated version on the Services and updating the “Last updated” date. By continuing to use the Services after the Terms have been updated, you indicate that you accept the updated Terms. If you do not agree to the updated Terms, please do not use the Services.

By accessing the Services, you acknowledge and agree that any materials, ideas, or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. Should you submit such materials, you understand that you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.

2. Your Use of the Services

The Services allow you to access informational and educational materials made available by OA. You may also be able to submit comments, feedback, or other material via the Services, which may be shared with us and/or other users of the Services (“User Content”).

To access portions of the Services, you may be required to register for an account. You represent and warrant that you will provide us with current, complete, and accurate information as requested by the applicable registration process. It is your responsibility to maintain the currency, completeness, and accuracy of your registration information, and any loss caused by your failure to do so is your responsibility. You represent that you will update your contact information if it changes so we can contact you.

You may be asked to choose a username and password. It is entirely your responsibility to maintain the confidentiality of your username, password, and other account information. You are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not 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.

In addition, you represent and warrant that:

You are at least 18 years of age.
You will use the Services in accordance with these Terms.
You will use the Services only for your own personal informational and educational purposes.
You will not use the Services for any commercial purpose not approved by us in writing, or for any other unauthorized purpose.
You will not use the Services in any way or for any purpose that is unlawful, fraudulent, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by us.
You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
You will not upload, post, reproduce, or distribute any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential.
You will not transmit through the Services any unauthorized communication, including but not limited to bulk or “junk” emails, chain letters, spam, or any advertising or promotional materials or any other form of solicitation; or interfere with, disrupt, or create undue burden on the Services or the networks or services connected to the Services by means including, but not limited to, hacking into the Services or using the Services to send unsolicited emails or other communications.
You will not crawl, scrape, or use other automated means like “spiders” and “robots” to access or collect data from the Services.
You will not share, sell, or otherwise disclose your password to others, and you will not share your access to the Services with others.
You will not, and will not attempt to, circumvent any of the Services’ security measures, reverse engineer any portion of the Services, obtain the Services’ source code, or create back doors or any form of unauthorized access to the Services.
You will not upload, post, email, or otherwise transmit any material that contains viruses, corrupted files, Trojan horses, worms, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or that may adversely affect the operation of the Services.

3. Intellectual Property Rights

Content on the Services that is provided by us or our licensors, including certain text, graphics, photographs, artwork, images, digitally downloadable files, trademarks, logos, product and program names, and the compilation of the foregoing (“OA Content”) is the property of OA and our licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

These Terms grant you no right or license in or to OA Content that is not expressly provided herein. Unless otherwise specified on the Services, you agree only to use OA Content for personal informational and educational purposes. You agree not to download, display, or use any OA Content located on the Services for use in any brochures, marketing materials, publications, in public performances, on websites other than the Service, or in any other medium for any commercial purpose. You also agree not to download, display, or use any OA Content in connection with products or services that are not those of OA in any other manner likely to cause confusion among consumers, disparage or discredit OA and/or its licensors, or otherwise infringe OA’s or our licensors’ intellectual property rights. You further agree to in no other way misuse any OA Content, User Content (as defined above), or third-party content that appears on the Services.

4. User Content

By displaying, publishing, or otherwise posting any User Content on or through the Services, you hereby grant us a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third-party permission. You represent and warrant that you own the User Content you post to the Services and otherwise have the right to grant the license set forth herein, and the displaying, publishing, or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property rights or other rights of any person or entity.

We do not control and are not responsible for reviewing any User Content. However, we reserve the right to review any User Content at any time and for any reason in our sole discretion, and to delete or edit any User Content with or without notice. We are not responsible or liable for damages of any kind arising from any User Content, even when we are advised of the possibility of such damages, or for our alteration or deletion of any User Content.

The information and opinions expressed in User Content are not necessarily those of us or our licensors, members, partners, sponsors, advertisers, or affiliated or related entities, and we make no representations or warranties regarding any User Content. We do not represent or guarantee the truthfulness, accuracy, or reliability of any User Content or determine whether User Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

If you provide us with personal information, you consent to our collection, use, and disclosure of such information as described in our Privacy Policy.

5. Third Party Websites

The Services may link to websites not maintained or operated by or related to OA. Links are provided as a service to users and are not sponsored by or affiliated with us or the Services, and we make no representations or warranties about the content, completeness, or accuracy of those third-party websites. We have not reviewed the material, including goods and services, made available through third-party websites. These Terms do not apply to your use of third-party websites, so you should review the third party’s terms, policies, and other documents.

6. Access

We may, in our sole discretion and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services or any account you have created on the Services, and that we will have no liability to you if the Services are discontinued or your ability to access the Services or your account, and any content therein, is terminated. We may cancel your account and delete all User Content associated with your account at any time, and without notice, if we deem that you have violated these Terms, the law, or for any other reason.

7. Consent to Electronic Communications

You consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

8. Reliability and Accuracy

Despite our efforts, the information on the Services may be inaccurate, incomplete, or out of date. We make no representations or warranties as to the reliability, completeness, accuracy, or correctness of any information on the Services, and we are not responsible for your reliance on or use of such information. You acknowledge that any reliance on such material or systems will be at your own risk. We also make no representations regarding the amount of time that any OA Content or User Content will be preserved.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR SOFTWARE THEREIN. WE DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM THE SERVICES WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

10. Limitation of Liability

TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RELATE TO THE USE OF OR INABILITY TO USE THE SERVICES, NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, ERRORS, DEFECTS, DELAYS, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SERVICES.

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, WE OR OUR AFFILIATES OR AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGE DUE TO A NEGLIGENT ACT, RELATED TO THE USE OF OR THE INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, OUR USE OR DISTRIBUTION OF USER CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, THE MAXIMUM TOTAL LIABILITY OF US AND OUR AGENTS, SPONSORS, AFFILIATES, AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS TWENTY-FIVE DOLLARS ($25).

11. Indemnification

You agree to indemnify and hold us and our sponsors, affiliates, contractors, and agents, and each of their officers, directors, employees, and agents harmless from any claims, damages, and expenses, including reasonable attorneys’ fees and costs, related to or arising from your use of the Services or violation of these Terms.

12. Governing Law; Disputes

These Terms, and any claims, suits, proceedings, and other actions of any kind arising out of, relating to, or concerning these Terms and the discussions contemplated hereby (“Claims”), shall be interpreted and construed under the substantive laws of the State of California without reference to its conflict of laws principles, except to the extent governed by the United States Trademark Act of 1946 or other superseding federal law. For all Claims, each party hereto irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the federal and state courts located in Contra Costa County, California for any Claims. Each party agrees not to commence any Claim relating thereto except in such courts, and irrevocably and unconditionally waives any objection to the laying of the venue of any Claim in such courts.

To the extent permitted by applicable law, any Claim must be brought within two (2) years of the date such Claim first accrued. ALL CLAIMS MUST BE BROUGHT IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. YOU AND OA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND TO THE EXTENT PERMITTED BY APPLICABLE LAW.

13. Injunctive Relief

You acknowledge that irreparable injury may result to us upon the unauthorized use of our trademarks and/or unauthorized disclosure of our confidential and/or proprietary information and that money damages may not be a sufficient remedy for any such harm. You therefore agree that upon any act or threatened act of trademark infringement or unauthorized disclosure of information which we believe is confidential and/or proprietary, we shall be entitled, in addition to such other remedies now or hereafter available at law, in equity, by statute or otherwise, to seek damages and relief as may be available under applicable law, including obtaining a temporary restraining order and/or a permanent injunction prohibiting you from engaging in any such act or specifically enforcing these Terms, as the case may be, without proof of damages or posting a bond.

14. Miscellaneous

These Terms constitute the entire agreement between you and OA regarding the Services and your use thereof.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities, or for any other reason beyond our reasonable control, shall not be deemed a breach of these Terms.
If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving its right to act with respect to future or similar breaches.
All remedies under these Terms shall be cumulative and not exclusive.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
These Terms form no partnership between you and OA, and neither you nor OA have the power or the authority to obligate or bind the other.
You may not assign your rights under these Terms to any third party. We may assign our rights under this Terms without condition.