Terms and Conditions
As a public service, we offer our online content free for anyone to use. If TEDMED videos, blog posts or other material can help you to promote conversation about the future of health and medicine, spread new ideas and perspectives, or support innovation in wellness ... help yourself and repost as you like.
We simply ask that our visitors and community members respect a few basic conditions ...
Our Terms have been updated.
Effective Date: August 1, 2017
Our Terms of Service and the TEDMED policies referenced in these terms of service govern your use of the services available through TEDMED. Please read our full Terms of Service.
TERMS OF SERVICE HIGHLIGHTS
Each time you use the Services, you agree to these Terms and any additional terms that may appear for the Services you select. More Info.
Any disputes under these Terms will be resolved on an individual basis through binding arbitration; you waive participation in class actions. More Info
We provide the Services "As Is" and we make no representations for quality, effectiveness and availability of the Services. More Info
Our liability to you is limited. More Info.
Questions about our Terms of Service may be sent to contact@TEDMED.com or we can be reached at 571-357-5460.
Effective Date: August 1, 2017
These Terms of Service and any other policies referenced in these terms or provided to you in conjunction with our Services (“Terms”) govern your use of the services provided by The TEDMED Foundation and TEDMED, LLC (collectively, “TEDMED”, “our,” “us,” or “we”) The services include without limitation, a platform for the viewing and use of digital content, and access to third party resources, tools, products, services, communications, social networking features and events (“Services”).
Binding Terms. You agree to be bound by these Terms each time you use the Services. If you do not agree to these Terms do not use our Services.
Updates to Terms. We reserve the right to update or change these Terms at any time by posting the most current version on the Services with a new effective date. All changes to the Terms take effect on the new effective date. Your continued use of the Services after we post new Terms indicates your agreement to any changes. If you do not agree to modifications of the Terms, your exclusive remedy is to discontinue your use of the Services. Any new features, tools, products and/or services that change, augment, enhance or upgrade the Services will be subject to these Terms.
Electronic Communications. By using the Services, you consent to having these Terms provided to you in electronic form. You have the right to receive these Terms in non-electronic form. Please send a letter and self-addressed stamped envelope with “Request for TEDMED Terms of Service” written on the back to: TEDMED, Two High Ridge Park, Stamford, CT 06905.
Eligibility. You must be the 18 years old or, if older than 18, the age of majority in your state or country of residence to use the Services. The Services are void where prohibited by applicable law.
2. HOW TO USE THE SERVICES
Registration. By registering, you must provide accurate and complete information about yourself and your organization. You are responsible for promptly updating your registration information to keep it accurate and complete. We reserve the right to suspend or terminate your account and use of the Services, including access to any on site or streaming event (“Event”), if your information is not complete or accurate. You are permitted to create only one account per person for the Services you select.
Security of Username and Password. You are responsible for maintaining the confidentiality of your password and other account information. You agree to notify TEDMED immediately of any unauthorized use or theft of your account, a TEDMED Delegate Badge or any other breach of security (and to provide properly documented evidence as reasonably requested by TEDMED). We will not be liable for any loss you incur as a result of someone else using your password or account, with or without your knowledge. You are liable for losses incurred by TEDMED or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
Fees for Services. Fees are payable in U.S. dollars and may be subject to applicable tax. You may pay online or request that we send you an invoice. All Event Fees are non-refundable. Please see our Event/Refund Policy for more information about attending our Events. If TEDMED does not receive timely payment your access to the applicable Service or Event may be terminated.
You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees that TEDMED may incur to collect balances due. This paragraph does not limit any other remedies available to TEDMED. For assistance with billing-related issues, please email us at contact@TEDMED.com or call us at 571-357-5460.
4. PROPRIETARY RIGHTS
TEDMED Content. The Services, and all material published on or accessible through Services (excluding User Content), including, but not limited to trademarks, logos, service marks, trade names, and trade dress appearing on the Services, including, without limitation, TEDMED® (“Marks”), text, tests, photographs, video, graphics, music, images, animations, audio, software, plug-ins, “applets” incorporated into the software, data, sounds, messages, comments, and other materials on the Services (together “TEDMED Content”) are owned by TEDMED or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. TEDMED owns a copyright in the selection, coordination, arrangement and enhancement of such TEDMED Content and its Services.
Third Party Content. The website and the Services contain content provided by third parties (“Third Party Content”). Third Party Content has not been evaluated or endorsed by TEDMED. TEDMED does not assume any responsibility or liability for the Third Party Content, or actions, products, or services of such third parties. Before you follow the instructions, advice, or information embodied in such Third Party Content or purchase goods or services from a third party, you should make an independent evaluation of the Third Party Content.
Rights Granted to TEDMED Content. Subject to these Terms, TEDMED hereby grants you a limited, personal, non-sublicensable and revocable license to display the TEDMED Content and the Third-Party Content located on or available through our websites or Services (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with viewing our website and using the applicable Services. Further, subject to these Terms, you are granted the nonexclusive, revocable and limited license to share on social media channels the TEDMED Content we make publicly available, for informational and educational purposes only, without any modification whatsoever. All such use is subject to the terms and conditions set forth in these Terms and any unauthorized use may result on termination of the Services.
No Other License Granted. Except for allowing you to use the Services as set forth in these Terms, when you use the Services you are not receiving any other rights from us, including intellectual property or other proprietary rights of TEDMED or its third party licensors, or to TEDMED Content. We reserve all rights not expressly granted in these Terms.
5. USE OF OUR SERVICES
Personal Use. The Services are intended for individual, personal, and noncommercial use in accordance with these Terms. You may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, any TEDMED Content or Third Party Content for commercial or trade purposes.
Prohibited Uses. In addition, you agree that you may not use the Services in order to (i) sell, buy, license or transfer access to your account (ii) copy, reproduce, publish, transmit, distribute, perform, sell, and create derivative works of, or in any way exploit, the Services or any of the TEDMED Content, except as permitted in these Terms (iii) use any automated software or devices, such as spiders, robots or data mining techniques such as scraping, spidering, crawling or any other techniques to download, store, distribute or otherwise reproduce the TEDMED Content or to manipulate the Services or security features; (iii) use or copy the TEDMED Content, any data or other content you view on and/or obtain from the Services to provide any product or service that is competitive to TEDMED; (iv) interfere with, interrupt, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment; (v) use the Services in any manner that could damage, disable, overburden, or impair any TEDMED server, or networks connected to any TEDMED server, or interfere with any other party’s use and enjoyment of the Services; (vii) gain unauthorized access to any Services, other accounts, computer systems or networks connected to any TEDMED server or to any of the Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means; (viii) reverse engineer, decompile or disassemble any software accessed through the Services, including any proprietary communications protocol used by us; (ix) exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; (x) frame or utilize framing techniques to enclose any TEDMED Content (including images, text, page layout, or form) nor use any meta tags or any other “hidden text” utilizing TEDMED Content, including TEDMED Marks without our prior express written consent.
User Content. The Services may enable you to communicate with others or provide your own content, such as posts, videos, photos, etc. You agree that all content you submit, post, upload, embed, display or communicate (“User Content”) will comply with these Terms, including our Community Guidelines. You acknowledge and agree that your User Content is public and that you have no expectation of privacy concerning your User Content. Therefore, exercise caution as any User Content that you communicate may be seen and used by others and could result in unsolicited communications or other unwanted activity. YOU ARE SOLELY RESPONSIBLE FOR, AND WE WILL HAVE NO LIABILITY IN CONNECTION WITH YOUR USER CONTENT OR ANY OTHER USER CONTENT YOU ACCESS THROUGH THE SERVICES.
License to User Content. You retain ownership to your User Content to the extent that you have such rights under applicable law. You automatically grant to TEDMED, its licensees, affiliates and their respective successors in business and assigns, and other users of the Services, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, adapt, modify and delete your User Content for any purpose whatsoever, including advertising and trade purposes to the extent permitted by law. This includes the right to filter, share, modify or adapt your User Content in order to transmit, display or distribute it over any media and to allow other users/third parties to access and distribute User Content, as provided in these Terms. You waive all moral rights with respect to the User Content.
Your Representation of Rights. You represent and warrant that (i) you own all your User Content, or otherwise have the rights necessary from any third party to grant us the rights set forth in these Terms; (ii) the User Content is accurate; (iii) your User Content does not contain any confidential information and (iv) the distribution, submission, transmission, posting and use of your User Content is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights).
Rejection and/or Removal of User Content. TEDMED reserves the right to pre-screen User Content but does not have any obligation to do so. TEDMED may, in its sole discretion, pre-screen, edit, refuse, and/or remove any User Content, or portion thereof, reason, including but not limited to its determination that any such User Content is not appropriate, or for no reason. If you become aware of misuse of the website and/or the Services by any person, please contact us.
Third-Party Links. The Services may contain links to other websites which not under the control of TEDMED and are not endorsed. TEDMED makes no warranties or representations, and disclaims all liability, relating to the content contained in or any other aspect of any linked websites. TEDMED
6. MOBILE APPS (“APP”)
Third Party Applications and Software. You acknowledge and agree that by downloading any third party application or software that allows you to access the Services, you will abide by the terms of service and/or end user license agreement furnished at the time of download, as updated from time to time.
Apple Applications and Software. If an Apple application is available to access the Services, it may only be accessed and used on a device owned or controlled by you using the Apple iPhone OS. If you download the Services as embodied in an Apple application and any associated mobile software from Apple’s iTunes Store or App Store (“App Store Version”), you agree as follows:
These Terms are between you and TEDMED, and not Apple. As such Apple has no responsibility for the App Store Version and the content thereof. Apple has no obligation to maintain or provide support services for the App Store Version. If the App Store Version does not comply with any applicable warranty described in these Terms, you may notify Apple and Apple will refund the purchase price (if any) to you to the maximum extent permitted by applicable law. Apple will have no other warranty obligation whatsoever with respect to the App Store Version. You agree to comply with the App Store or iTunes Store Terms of Service (available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Terms therein (“Apple Terms”). You understand that TEDMED and not Apple is responsible for addressing any claims in connection with the App Store Version. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to warranty (if any) will be governed by these Terms. You agree that TEDMED and not Apple is responsible for addressing your or any third party claims relating to the App Store Version including but not limited to (i) product liability claims; (ii) any claim that the App Store Version fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. All such claims will be governed by these Terms and any laws or regulations applicable to the Services or content provide by TEDMED hereunder. In the event of any third party claim that the App Store Version or your possession and use of the App Store Version infringes a third party‘s intellectual property rights, TEDMED and not Apple will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. You agree that notwithstanding anything contained in these Terms to the contrary, Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and that by agreeing to these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as it applies to the App Store Version against you as a third party beneficiary.
7. TERMINATION OF YOUR ACCOUNT BY US
Violating the Terms. Your participation in the Services is subject to and conditioned upon your continued adherence to these Terms. Failure to abide by our terms may result in immediate termination of your account and of access to our Services and Events, with or without prior notification.
Terminating or Cancelling Access to our Services or Events. TEDMED reserves the right to terminate any of our Services, including any Events, without further notice and in our sole discretion. You agree that we will not be liable to you or any third party as a result of such actions.
Investigations. TEDMED has no obligation, but reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any User Content you make or send through the Services. TEDMED may seek to gather information from the user who is suspected of violating these Terms, and from any other user. TEDMED may suspend any user whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If TEDMED believes, in its sole discretion, that a violation of these Terms has occurred, it may cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS TEDMED FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TEDMED AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANOTHER USER OR LAW ENFORCEMENT AUTHORITIES.
8. DIGITAL MILLENNIUM COPYRIGHT ACT
Filing a Complaint: TEDMED has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. We reserve the right to terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content which allegedly infringes another person’s copyright. It is our policy to terminate the access of repeat infringers. We are under no obligation to, and do not, scan content posted for any violations of third party rights. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on Services. If you believe any materials on the Services infringes a copyright, you should provide us with a written request to takedown the allegedly infringing material in the form of a written letter, sent by fax or regular mail only, which includes:
• Identification of the Service and the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Your name, address, telephone number and email address (if available);
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.
Filing a Counter-Notice: If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by fax or regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:
• Identification of the copyrighted work (or works) that was removed by TEDMED and the location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
• Your name, address, telephone number and email address (if available);
• A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or New York if your address is outside of the United States;
• A statement that you will accept service of process from the person (or an agent of such person) that provided the DMCA Takedown Notice to us;
• A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.
When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.
Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA designated agent addressed as follows:
Two High Ridge Park,
Stamford, CT 06905
Attention: Jing Xie
You should contact the DMCA Agent only for delivering copyright infringement notices and counter notifications. The DMCA Agent will not answer any other inquires.
Waiver of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TEDMED, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO ANY DEVICE YOU USE TO ACCESS OUR SERVICES, OR BODILY INJURY OR EMOTIONAL DISTRESS.
Disclaimer of Warranties.
ALL SERVICES, TEDMED CONTENT, INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICES) ARE PROVIDED ON AN “AS IS” BASIS. TEDMED MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME TEDMED OR THIRD PARTY CONTENT MAY INCLUDE INFORMATION RELATING TO MEDICAL AND HEALTH ISSUES. ANY ADVICE OR SUGGESTIONS THAT MAY BE POSTED ON THE SERVICES ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL OR MEDICAL ADVICE. TEDMED MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TEDMED BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BASED ON A CLAIM OF UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, CLAIMS OF DEFAMATION, FALSE LIGHT, SLANDER OR LIBEL, ARISING OUT OF OR RELATED TO THE USE, OR INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SERVICES, EVEN IF TEDMED HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN TEDMED’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED WHAT YOU PAID FOR OUR SERVICES.
TEDMED’S LICENSORS AND AGENTS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS AND LIMITATION OF LIABILITY.
Indemnity/Release. You understand that you are personally responsible for your behavior while using the Services and agree to indemnify and hold harmless TEDMED, including its officers, directors, employees, agents and licensors (collectively, “Indemnitees”) from and against claims of any kind that Indemnitees may incur in connection with a third party claim or otherwise, arising out of or related to your unauthorized use of the Services, your User Content, your violation of these Terms, applicable law or the rights of any third party. To the extent permitted under applicable laws, you hereby release Indemnitees from any and all claims or liability related to your unauthorized use of the Services.
SPECIAL STATE DISCLOSURES
NEW JERSEY RESIDENTS: The following are modifications to the provisions in Section 9 Legal Notices and apply only to consumers who are residents of New Jersey. Except as modified below, the provisions in Section 9 above remain unchanged and applicable to N.J. residents:
TEDMED’s disclaimers or waiver of liability for damages incurred by you for any interruption, malfunction, impossibility of access, or poor conditions of the Services or for any other reason will not apply to damages directly caused by TEDMED’s gross negligence or willful misconduct. In addition, Company’s disclaimer of warranty as to the quality, accuracy, completeness or validity of the Services and all TEDMED Content (excluding third party content or information) is not applicable. However, TEDMED does not guarantee that the use of the Services will meet your requirements.
TEDMED’s limitation of liability does not apply to you for damages arising out personal injury, property damage, negligence or willful misconduct or any other cause of action arising from the acts of TEDMED but does apply to the acts or omissions of third parties. TEDMED’s aggregate liability for all claims under any circumstances will not exceed the lesser of $1,000.00 or your actual, out of pocket costs and damages. For the avoidance of doubt, in no event will TEDMED be liable for special, incidental, or consequential damages as stated in these Terms.
CALIFORNIA RESIDENTS: If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
10. RESOLUTION OF DISPUTES
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules, except that the arbitration provision shall be governed by the Federal Arbitration Act (“FAA”).
Resolution of Any Dispute. In the event a dispute arises between you and TEDMED, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly by contacting us at TEDMED, Two High Ridge Park, Stamford, CT 06905. If, however, there is an issue that is unresolved, these Terms describe how both of us will proceed:
Binding Arbitration. YOU AND TEDMED AGREE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THAT THE EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS BINDING ARBITRATION. INSTEAD OF SUING IN COURT, YOU AND TEDMED EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO TEDMED’S INTELLECTUAL PROPERTY RIGHTS; STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE; INDEMNIFICATION; CONTRIBUTION; INTERPLEADER; OR INJUNCTIVE RELIEF ARISING OUTOF A CLAIM. These Terms to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claims”). The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Jury Trial Waiver. WE EACH AGREE TO WAIVE THE RIGHT TO GO TO COURT OR HAVE A TRIAL BY JURY.
Class Action Waiver. All arbitrations under these Terms shall be conducted by a single arbitrator who shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibits you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person (“Class Action Waiver”).
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to TEDMED shall be sent to the following address: TEDMED, Two High Ridge Park, Stamford, CT 06905. All notices to you will be sent to the email provided in your account. Upon receipt of such notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or TEDMED may commence an arbitration proceeding. Unless otherwise agreed to by you and TEDMED in writing, the arbitration of any Claim under these Terms shall be referred to JAMS under its rules and procedures, be decided before a single arbitrator with substantial experience in the internet industry, and will follow substantive law in adjudicating the dispute, except that this section will be construed as a written agreement to arbitrate pursuant to the FAA. You and TEDMED agree that this section satisfies the writing requirement of the FAA. The JAMS rules are available on its website at www.jamsadr.com. The arbitration of any Claim shall be conducted in the State of New York, and for any non-frivolous Claim that do not exceed $10,000 TEDMED will: (1) pay all costs of the arbitration; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorneys’ fees in the event TEDMED prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses. To the extent this dispute resolution section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard will control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.
Exception. All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal’s jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by binding arbitration, with the exception of any Claim or action for indemnification, contribution, interpleader, or injunctive relief arising out of a Claim, which Claims or actions shall not be subject to arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration.
Choice of Law. Any proceeding to enforce this arbitration agreement may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against TEDMED (except for small claims actions) may be commenced only in the federal or state courts of New York, New York. You hereby consent to the jurisdiction of those courts for such purposes.
11. RESOLUTION OF DISPUTES FOR NON-US RESIDENTS
If any controversy, allegation, or Claim (including any non-contractual Claim) arises out of or relates to the Services or Terms and you are a non-U.S. resident, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to TEDMED, Two High Ridge Park, Stamford, CT 06905, United States. For a period of sixty (60) days from the date of receipt of notice from the other party, TEDMED and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or TEDMED to resolve the dispute on terms either you or TEDMED, in each of our sole discretion, are unsatisfactory. Nothing in this section will prevent a party from pursuing their Claims in court or another complaint process.
Modification to Services. TEDMED has the right to modify its Services and TEDMED Content at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or our policies or practices in providing the Services is to stop using our Services and deactivate your account.
Survival. If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination such as TEDMED’s Rights, Legal Notices, Resolution of Disputes and General.
Severability. If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there aren’t any third party beneficiaries to these Terms.
U.S. Export Controls. Software from our Services shall be not be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Permission to Contact You. When you provide us with contact information such as an email address or telephone number in connection with our Services or login to the Services, you agree that this action establishes a business relationship giving us permission to communicate with you using your contact information. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, push notification, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving, in accordance with applicable law. You expressly authorize us and our service providers to communicate with you about our Services using the information you provided to us. You attest that you have the legal authority to provide us and/or third parties with the authorization to contact you.
No Liability for Accumulated Content. When using the Services, you may accumulate content that resides as data on our servers. This data, and any other data residing on our servers, may be deleted, in whole or in part, altered, moved or transferred at any time for any reason in our sole discretion with or without notice and with no liability of any kind. You acknowledge that, notwithstanding any rights you may have with respect to User Content, you have no ownership rights in your account and, if your account is terminated or deactivated, all your account information may be deleted. TEDMED DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY ACCOUNT INFORMATION RESIDING ON TEDMED’S SERVERS AND HAS THE RIGHT TO DELETE SUCH ACCOUNT INFORMATION AT ANY TIME FOR ANY REASON.
International Users. The Services can be accessed from locations around the world. TEDMED makes no representations that Services, or content are appropriate for use outside the United States. Use of the Services from jurisdictions where the Services or any of its content is illegal is prohibited. If you access the Services from a location outside the United States, you are responsible for compliance with all local and international laws.
Data Collection Policy. No party unaffiliated with us may collect or use, or direct, authorize or assist other persons or entities to collect or use any data from a user, or a computer or device operated by a user, while accessing our Services without our prior express written permission.
Entire Agreement. These Terms, and policies referenced herein, are the entire agreement between you and TEDMED. They supersede any and all agreements between you and TEDMED relating to your use of the Services. TEDMED may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and will not affect the interpretation or construction of these Terms. The failure of TEDMED to partially or fully exercise any rights under these Terms, will not prevent a subsequent exercise of such right by TEDMED or be deemed a waiver by TEDMED of the right to asset any violation of these Terms. The rights and remedies of TEDMED under these Terms and any other applicable agreement between you and TEDMED shall be cumulative. If any provision of these Terms is declared or found to be unlawful, unenforceable, or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.
13. CONTACTING US
If you have any questions about the Terms, you may write to us at TEDMED, Two High Ridge Park, Stamford, CT 06905.
Copyright 2017, TEDMED, LLC. All rights reserved.
Effective Date: August 1, 2017
When you use our services or make a purchase, you may voluntarily share certain personal information with us such as your name, e-mail address, address, and mobile number. More Info
We use tracking technologies such as cookies and similar technologies to measure usage during your visits to our services and to provide information and advertising that will be of most interest to you. More Info
Your Information Access and Managing Options.
You can change your personal information by clicking “My Account” or contacting us. More Info
You can control whether you want to receive promotional communications from us. More info
Effective Date: August 1, 2017
Information Collected Directly From You. You can browse our Services without telling us who you are or revealing any personal information. If you create an account, contact us or purchase any of our Services, you are choosing to give us your personal information, including but not limited to your name, email address, phone number, mobile telephone number, or physical contact information about yourself. When you create an account, or use certain of our Services, you may provide certain additional personal information such as username and profile information about you, your organization and its tax status, or a nominee such as photos, personal history, employer, or occupation.
Information You Post/Social Networks. The Services are designed to enable you to communicate with others and any information or content you post when participating with the Services and Social Networks, plug ins or other applications becomes public information, depending upon your privacy settings, and is subject to redistribution by TEDMED and other third parties. There is no expectation of privacy when posting content or otherwise participating in such interactive forums and we have no control over how those users may use the information you make public. Therefore, you should exercise caution and discretion when deciding to disclose your personal information in a submission or posting.
Mobile Devices. We may collect additional information from you if you access Services through a mobile device; for example, your unique device identifier, device’s operating system, and mobile carrier. We may also collect your location information from your IP address or zip code. We may also use location data internally or in conjunction with our third party service providers to customize your experience and provide offers that may be relevant to you. The degree to which your location can be identified depends on the device you are using (e.g., laptop, smartphone, tablet or other access device (each a “Device”) and how you are connected to the internet (e.g., via cable broadband connection, Wifi, etc.).
Tracking Technologies. In addition to any information that you choose to submit to us, we and our business partners may use a variety of tracking technologies such as cookies, flash cookies, web beacons/GIFs, HTML5, embedded scripts, e-tags/cache browsers/web logs ("Tracking Technologies"), that automatically (or passively) collect certain information from your Device whenever you visit or interact with the Services or third party websites. This information may include your Device identifier, the type and version of Internet browser software you use, and your operating system. We may also collect password information from you when you log in, as well as computer and connection information. During some visits, we may use these tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information. Certain features of our Services are only available through the use of Tracking Technologies. You may encounter tracking technologies/cookies from our third party service providers that we have allowed on our Services who assist us with various aspects of our operations and Services. We use Google to serve first party cookies (such as Google Analytics cookie) to report how our ad impressions and interactions with these ad impressions and ad services are related to visits to the Services. To learn about Google Analytics and its opt outs for the web or mobile, and our other analytics providers’ data collection practices click here: You may find out more information about these third parties and their practices and your choices for data collection by clicking here. Tracking Technologies are used by us for a variety of purposes, including the following:
• Operationally Necessary: We may use Tracking Technologies for system administration, to prevent fraudulent activity, to improve security or to allow you to make use of our Services.
• Performance Related: We may use Tracking Technologies to assess the performance of our Services, including as part of our analytic practices to improve content offered through the Services.
• Functionality Related: We may use Tracking Technologies to tell us, for example, whether you have visited the Services before or if you are a new visitor and to help us identify the features in which you may have the greatest interest.
Location Functionality. Information gathered from your use of the Services may be combined with information from third-party sources to identify your location by state and region (“Regional Location”). If you enable location services for our Services we may collect regional location data periodically as you use or leave open our Services. For most mobile Devices, you are able to withdraw your permission for us to acquire this information on your location through the Device settings. If you have questions about how to disable your mobile Device's location services, we recommend you contact your mobile Device service provider or the Device manufacturer.
Service Providers. We may disclose information to our trusted third party service providers in order to have them monitor the activity of the Services, conduct surveys, administer contests or sweepstakes, send marketing communications, and provide other Services to you, such as to provide customer service.
Process Payments. Information may be disclosed to PayPal to enable the processing of your credit card transactions to purchase our Services. They receive the information needed to verify your transaction to process your order. In addition, we may disclose information to third parties to verify the authenticity of any financial transaction involving our company or its subsidiaries.
Analyze and Aggregate Non-Personal Information. We use aggregate information about our users and non-personal information to analyze our Services and user behavior and prepare aggregated reports which we may share with third parties.
Promotional Communications. We may use your contact information to send you communications about our products and services or other promotional communications, such as newsletters, emails, or special offers or share your information with our trusted marketing partners so they can send promotional offers to you (“Promotional Communications”). If you wish to opt out of receiving Promotional Communications from us or our marketing partners or change your preferences for Promotional Communications, you may follow the instructions in Section 5 Choice and Opt-Out, set forth below.
Information from Other Sources. The information we collect may be combined with information from outside records (e.g., demographic information, navigation information, and additional contact information) that we have acquired in accordance with the law.
Legal Matters; Safety. We may, without your consent, access and disclose your information, any communications sent or received by you, and any other information that we may have about you or your account as may be permitted or required by law (including, but not limited to, court order or subpoena), or to prevent or investigate suspected fraud, violations of our Terms, or activity that appears to us to be illegal or may expose us to legal liability. Additionally, we may disclose your information in situations that we believe may involve potential threats to the physical safety of any person or property.
Sale or Transfer of Business or Assets. If TEDMED or any of its affiliated companies or businesses are sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, information of our users may be one of the assets sold or merged in connection with that transaction. Information about our users may also be disclosed in connection with a commercial transaction where we are or any one of our businesses is seeking financing, investment, and support or funding.
Transactional Communications. We may use your information to send you notices from time to time relating to your account or your purchases. These may include order confirmations, invoices or customer service notifications. We may also send you Service-related announcements when it is necessary to do so; for instance, if our Service is temporarily suspended for maintenance, or there are policy changes.
We believe it is important for you to be able to access and manage the information you have provided to us and make choices about how it is used. To inquire about or update your information, or change your preferences, you may take the following measures:
• To close your account, contact customer service at contact@TEDMED.com.
• To change or update your personal information, contact customer service at contact@TEDMED.com.
• To change your account settings, login and click “My Account.”
You may also contact us as set forth in Section 7 below.
Opting Out of Promotional Messages. You may choose not to receive our Promotional Communications. Follow the “opt out” or “unsubscribe” instructions in promotional emails we send to you. You may also contact us as set forth in Section 6 below. You may not opt-out of administrative e-mails (for example e-mails about your account, transactions or policy changes) for your account.
Timing and Third Parties. We will endeavor to comply with your request for changes as soon as reasonably possible; please note that changes requested may not be effective immediately. Unless required by law, we are not responsible for informing third parties with whom we have already shared your information of any changes requested pursuant to this section, or for removing information from or causing information to be removed from the databases or records of such entities.
Security. We implement security measures to protect against the loss, misuse and alteration of personal information under our control. However, despite our efforts, no system can completely guarantee that there will never be unauthorized access to your personal information, and your use of our Services indicates that you are willing to assume this risk.
Children’s Privacy. The Services are directed to an adult audience. We do not knowingly collect personal information from individuals under 18 years of age and, if we obtain actual knowledge that a user is under 18 years of age, we will take steps to remove that user’s personal information from our systems.
Your California Privacy Rights. California Civil Code Section 1798.83, known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. To make such a request, please contact us at [address?]. For all requests, you must put the statement "Your California Privacy Rights" in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
7. CONTACTING US.
Copyright 2017, TEDMED, LLC. All rights reserved.
As of August 1, 2017
HTML5. We use HTML5 in some of our applications, including in our mobile website for the iPhone or iPad. HTML5 has browser web storage that does not rely on traditional browser cookies. Like Flash cookies, HTML5 cookies are not stored in a browser “cookies” file and, like Flash cookies, can be used to track users across websites. To our knowledge there is currently no known way for a user of a mobile Device to remove HTML5 tracking and storage.
Web Beacons/GIFS. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Services, to monitor how users navigate the Services, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services such as the links you click on. The code is temporarily downloaded onto your Device used to access Services from our web server or a third party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.
e-tags/cache browsers/web logs. Like most standard website servers, we log IP addresses (a unique number assigned to every computer on the Internet) and Device identification in order to improve security, analyze trends and administer the Services. We may track your movement within the Services, the pages from which you were referred, access times and browser types. This information may include the browser you are using, the Internet address from which you linked to our Services, the operating system of your computer, the unique IP address of the computer or Device identification from the mobile Device that you used to access our Services and usage and browsing habits. We use this information in the aggregate to gauge the effectiveness, usage, and popularity of our Services, track information for statistical purposes, help diagnose and troubleshoot server malfunctions, analyze trends, track user movement in the aggregate, and gather broad demographic information. We may also use individual information we collect through web logs to send you targeted offers and other communications.
Device Fingerprinting. We may use Device fingerprinting in some of our Services, which allows us to collect information about a remote computing Device for the purpose of identification. It can be used to prevent fraud or collect information about you.
TEDMED Recordings: Any photos or other recordings taken by TEDMED staff at any TEDMED event may be used to promote the event and community in a variety of ways, such as on our website or in promotional materials. Attendees, personally and on behalf of the entities they may represent, at any TEDMED event, release TEDMED, LLC and its employees, affiliates and shareholders from any claims pertaining to the use of any recorded material. Attendees are prohibited from all audio, video recording while attending presentations.
Attendees May Not Record Events. Any attendee recording a presentation by any technological means may be removed from the event, subject to the removal policy as well as any legal claims and remedies.
THE TEDMED LIVE PROGRAM
Bringing the world together to shape a healthier world
Please Honor & Respect the TEDMED Live Guidelines
The following provides specific details and usage rules for the TEDMED Live Program – what is allowed and what it is prohibited. If your application for a TEDMED Live Access is approved, you are expected to adhere to the following conditions. Breaking these conditions will result in termination of your organization's access to TEDMED Live.
What is the mission of TEDMED Live?
The mission of the TEDMED Live Program is to share TEDMED's content, creating opportunities for organizations and industry leaders on the front lines of health and medicine to come together, experience stories shared on the TEDMED stage, and inspire the exchange of different perspectives and new ideas around the world.
What is TEDMED Live?
The TEDMED Live Program streams video direct from the TEDMED Stage to remote gatherings at approved organizations around the world. We broadcast the entire program, direct from the TEDMED stage, in high-definition video, via the Internet, live and on-demand, to accommodate schedules around the world.
Who is TEDMED Live available to?
TEDMED Live is available to everyone with an interest in the future of humanity’s health. Each year, we provide free access to as many qualifying organizations as possible. Paid access is also available for non-qualifying organizations. To find out more about our access options, please refer to our Access Options page.
Apply today at www.tedmedlive.com.
How is TEDMED Live experienced?
TEDMED Live video is made available online at TEDMEDLive.org, and all sessions can be streamed live during the event, or viewed on-demand. Group viewing is encouraged; content can be streamed via personal computers, laptops, tablets, mobile devices, and projected in classrooms and auditoriums.
Each TEDMED session lasts approximately 90 minutes and comprises 5-7 carefully curated talks on an important and/or provocative health and medicine topics. You and/or your community have total flexibility to choose which session(s) and talks to watch.
• Program content can be watched on personal laptops or mobile devices – live or on-demand during the week of the live event.
• Program content can be watched in classrooms or auditoriums for people to experience in groups, Live or On-Demand during the week of the live event.
• Approved organizations can invite their own subject matter experts to facilitate further discussion centered on the specific TEDMED Session(s) viewed. Recommended formats: panel discussions, interactive dialogues and debates.
• Any facilitated discussion at your gathering should be centered only around the TEDMED program content as the discussion's focus. Introducing speakers talking about non-TEDMED topics at a gathering using the TEDMED Live content or logo is prohibited.
• Any costs associated with organizing your TEDMED Live gathering is the responsibility of the host organization.
What TEDMED Live is NOT?
While we enthusiastically provide access to TEDMED content to those on the frontlines of health and medicine around the world, it is important that the use of TEDMED Live content maintains the expectations outlined above, and maintains the integrity of its intended use. Examples of use not permitted are outlined below:
• TEDMED Live is not an “independently organized” TEDMED or TED event (i.e., TEDx).
• TEDMED Live is not an opportunity to duplicate or create a separate TEDMED event (i.e., Hive, Great Challenges, etc.).
• Access to TEDMED Live is not a license to use the TEDMED brand for any other purpose.
• TEDMED Live is not an opportunity to invite outside speakers to give a “TED” or “TEDMED” Talk at one's organization.
• TEDMED Live is not an opportunity to video-record and publish a TED or TEDMED Talk.
• TEDMED Live is not the opportunity to create a separate program outside the Session themes.
• TEDMED Live is not for commercial gain. Any costs associated with organizing a Group Viewing are the responsibility of the host organization. Attendance fees are not permitted.
• TEDMED Live is not scheduled outside the week of TEDMED's annual event.
TEDMED Live requires that all approved organizations adhere to the TEDMED Live Brand Guidelines. Please review them: Brand Guidelines.
Your TEDMED Live Name
The name of your organization will follow the “TEDMEDLive2016” Brand, as you can see here. This is the name that you should request in your application to us. Do not request or use the name of a city, state, or other location.
TEDMED Live Organizer
Anyone approved for TEDMED Live has a great responsibility in building community and being a passionate advocate for the TEDMED brand. As an Ambassador of this community, we ask that when identifying yourself on behalf of your TEDMED Live gathering that you do so in the following format:
Your First and Your Last Name
TEDMED Live Ambassador for [Your Approved Name]
Please do not use the logos for TEDMED or TEDMED Live as part of your signature.
Copyright 2017 TEDMED, LLC. All Rights Reserved.