EndoscopyNow Terms of Use and Privacy Policy

Updated: 28 May 2018

This Terms of Use and Privacy Policy agreement (“Agreement”) sets forth the terms and conditions for your using the EndoscopyNow App (“App”). It also describes how EndoscopyNow, LLC, an Illinois limited liability company, (“Us,” “We,” or “EndoscopyNow”) collects, stores, uses, and discloses information you provide to us while using the App. By downloading and using the App, you agree that you are at least 18 years of age and agree to be bound by the terms and conditions of this Agreement. If you are unable to agree to the terms of this Agreement, you cannot download or use the App.

The purpose of the App is to provide you with access to educational content in the endoscopy field. The information is compiled by Us using our own sources and providing access to medical publications, other medical sources, and news sources. These third party sources may have their own use and privacy policy agreements, which you should read, understand, and follow.

We provide information to you in response to your individual search or you may search for content using our index. The results of your search may include content provided to us by our sponsors.

Information we gather about you.

You may use this App either as a guest or a registered user. If you are a guest, we will collect your IP and MAC addresses and location. If you register as a user, we additionally will collect information you voluntarily provide to us by filling out our form or responding to requests by us for additional information. This information will be securely stored by third-party cloud providers.

We also gather information as to how you move about the App, including search terms, which material you review, and what you send to others.

What we do with the information.

We will use the data we collect about you to improve the App and to give you a better user experience. For example, we may analyze the data to identify trends and construct reports about what content is viewed by users and how our users move within the App. We may share data with others but only in an aggregated form that does not disclose your personal information. By way of illustration, we may share with others how many users use the App, the content viewed, and the time spent on specific content.

Your personal information may be accessed by us and our App developer. For specific events, we may ask you share your personal information as part of a standardized protocol for training sessions.. If you access information from our sponsors or other third parties, you may be providing information to the sponsor or third party. To determine what information a sponsor or third party is collecting and how the information may be used, you will need to review the privacy policy of the sponsor or third party. We cannot control how a sponsor or third party uses information you provide to them. If you agree to share your personal information in this way, you may receive information from a specific sponsor. If you have any questions about the information We have gathered about you, you may contact Us at support@endoscopynow.com.

Communications by Us.

If you are a registered user, we may send you information regarding the App, including new features, and endoscopy. You may opt out at any time from receiving information from Us by using the opt out link.

License to App and Content.

We grant you a non-exclusive, worldwide, and perpetual license to use this App and its contents, provided that you comply with the terms of this Agreement. Because this App is licensed, not sold, you acquire no rights, title, or other interest in the App, our trademarks and logo, the App’s content, or any data, software, or other content accessed via the App. The content provided as the result of your searches is hosted on other sites and is subject to copyright and other intellectual property protections of third parties. You must comply with those restrictions as well as any restrictions regarding the proper use of any device or medical procedure. This App is provided for your personal use and you may not resell, license, or copy the App or the content provided via this App. Depending upon the content, you may be able to download a PDF or share the link to the content with other App users. The App may be modified or terminated at any time.

Disclaimers.

Depictions of Procedures and Devices. The content made available via the App includes descriptions and depictions of medical procedures. We make no representations or warranties, and hereby disclaim all representations and warranties, as to the appropriateness or effectiveness of any particular procedure. The content may include use of certain medical devices. We make no representation or warranty as to the product depicted. We, or any of our affiliates or sponsors, are not responsible for any presentation of “off-label” usage of a product within the app.

Use of App.

Your use of the App is at your sole risk. The App is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Copyright Infringement.

This App and its content is the exclusive property of EndoscoptyNow or used with the express permission of the copyright or trademark owner. Except as stated herein, none of the material may be reproduced, distributed, downloaded, displayed, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission from Us or the copyright owner. Permission is granted to display the materials in this App only for personal, non-commercial use, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By viewing the materials in this App, you do not acquire any ownership interest or rights to the copyrighted material. Any unauthorized use of any material contained in this App may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.

If you are a copyright owner or an owner’s agent and find content on the Site that you believe infringes upon your copyright(s), you may submit a notification in accordance with the Digital Millennium Copyright Act to the following address. Upon receipt of proper notice, we will expeditiously remove the infringing content. If We become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps without our power to terminate that user.

 DMCA Copyright Notice

App Availability.

Because this App is accessible through the internet or via other non-secure providers, we cannot guarantee that the App will be available 7 days a week, 24 hour a day. We also cannot ensure that the links to third-party sites will be available or that the transmission of data over wireless and wired networks is secure.

Limitation of Liability.

Under no circumstances will EndoscopyNow, its members, officers, employees, agents, contractors, or subcontractors be liable for any losses or damages whatsoever, whether in contract, tort, or otherwise, from the use of this App or reliance on content accessible through this App.

Dispute resolution.

You agree that this Agreement shall be interpreted under the laws of the State of Illinois without reference to its conflicts of law provisions. You agree that any action arising out of this Agreement shall be brought only in Cook County, Illinois.

Updates

We reserve the right at any time to add to, change, update, or modify this Agreement. For updates to this Agreement, please check back with our website located at endoscopynow.com for the latest version of this Agreement.