Terms of Use - JBJS

Last Modified and Effective as of August 15, 2022

The Journal of Bone and Joint Surgery, Inc. is a non-profit organization located in the Commonwealth of Massachusetts (“JBJS”).

1. General. These Terms of Use govern your access to and use of JBJS digital products and services, including JBJS.org, JBJS mobile applications, jbjsclinicalclassroom.jbjs.org and, unless other terms and conditions expressly apply, any other electronic service of JBJS that may be made available from time-to-time (each a “Service”). Any use of the Services shall constitute acceptance of these Terms of Use.
2. Copyright Ownership and Permitted Use. Unless otherwise indicated, the content available through the Services is protected by copyright and may be used only in accordance with copyright and other applicable laws. Content available through the Services is for your personal noncommercial use.
3. Trademark Ownership. The Journal of Bone and Joint Surgery, Inc., JBJS logo design, and JBJS, and JBJS Clinical Classroom (“JBJS Trademarks”) are trademarks of JBJS. Any use of JBJS Trademarks in connection with the sale, offering for sale, distribution, or advertising of any goods or services, which is likely to cause confusion, to cause mistake, or to deceive, is strictly prohibited.
4. Modifications of Terms of Use. JBJS reserves the right to modify these Terms of Use at any time. Any such modification will be posted and the continued use of the Services after any such posting shall constitute acceptance of the Terms of Use as modified.
5. Web Site Modifications and Availability. JBJS will make reasonable efforts to keep the Services available 24 hours a day, 7 days a week. However, owing to technical failures, routine maintenance, or other unforeseen circumstances, availability may be limited and JBJS will not be responsible for the non-availability of the Services. JBJS reserves the right to modify, suspend, discontinue, or restrict access to, all or any part of the Services at any time.
6. Disclaimer of Warranties and Liability. The Services are intended for educational, research, self-study, and reference purposes only. The Services are not intended to substitute for the exercise of professional judgment by the user. Medical science and clinical practice is ever-changing. Users, whenever possible, are advised to confirm the information available from the Services through independent sources. The information available through the Services should not be substituted for the advice or judgement of a qualified health care professional. Do not disregard or avoid professional medical advice or delay seeking it because of materials made available through the Services. JBJS makes no warranty that the operation of the Services will be uninterrupted or error-free or as to the accuracy, completeness, suitability, or result obtained from the use of the Services or any content included therein. YOUR ACCESS TO AND USE OF THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN NO EVENT WILL JBJS, ITS EMPLOYEES, OFFICERS, MEMBERS, AGENTS, OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM THE INABILITY TO USE, OR THE USE OF OR PERFORMANCE OF THE SERVICES OR WILL THE LIABILITY OF JBJS EXCEED THE AMOUNT YOU PAID TO JBJS, EVEN IF JBJS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
7. User Generated Content. You agree that you are fully responsible for the content that you submit. You agree that you will not post or submit any content that (i) is defamatory, obscene, or abusive, (ii) violates or infringes upon the proprietary, publicity, or privacy rights of any third party, (iii) violates or encourages the violation of any applicable local, state, national, or international law, rule, or regulation, or (iv) is otherwise inappropriate. You agree not to submit any personal information of another (including, without limitation, Protected Health Information). You will indemnify JBJS, from any third-party cost, claim, or demand, including reasonable attorneys’ fees, due to or arising out of the content you submit. You understand and agree that JBJS is not responsible for content submitted by third parties. You agree that by submitting content, you grant to JBJS and our licensees a royalty-free, perpetual, irrevocable, non-exclusive worldwide, right and license to display, publish, translate, distribute and otherwise use your submission in any format or media now known or later developed in connection with JBJS publications and offerings including, without limitation, the Services. We shall have the right, but not the obligation, to monitor submissions to determine compliance with these Terms of Use and any operating rules we establish to satisfy any law, rule, regulation, or government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any submission. We are under no obligation to display or otherwise use your submission. You authorize JBJS to publish your name and location (city, state and/or country) in connection with any use of your submission and, in identifying yourself and location, you represent that you have done so accurately. You agree to post or submit only for non-commercial purposes.
8. International Use. The Services are controlled and operated within the United States of America. JBJS makes no representation that the Services or Content made available through the Services are appropriate or available for use outside of the United States. If you access the Services from outside of the United States, you are responsible for compliance with all applicable laws, rules and regulations.
9. Choice of Law and Forum. Your access and use of the Services, these Terms of Use, and all actions contemplated by these Terms of Use shall be governed by the laws of the United States of America and the Commonwealth of Massachusetts as if these Terms of Use were an agreement wholly entered into and wholly performed within the Commonwealth of Massachusetts. The exclusive jurisdiction for any claim or action arising from or relating to these Terms of Use or the use of the Services shall be with the state or federal courts located in the Commonwealth of Massachusetts, USA.
10. Endorsements. Descriptions of, references to, or links to other products, publications, or services does not imply endorsement of any kind unless expressly stated by JBJS.
11. Login Security & Registration Information. Sharing login information for the Services is strictly prohibited. Where registration is involved for the use of a Service, you agree to provide valid and truthful information.
12. Privacy. Registration data and other information about you and your use of the Services are subject to the JBJS Privacy Policy.
13. Copyright Complaints. JBJS respects the intellectual property ownership rights of others. If you believe your work has been reproduced in a way that constitutes copyright infringement, please notify us by following the instructions in our notice about making claims of copyright infringement.