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Last updated: May 2007

Welcome to the Web site of the New England Journal of Medicine (“NEJM”).  NEJM is owned and published by the Massachusetts Medical Society (“MMS”). 

1. General. Access to and use of this Web site (“NEJM Online”) is subject to the Terms and Conditions set forth herein. Any use of this Web site shall constitute acceptance of these Terms and Conditions.

2. Copyright Ownership and Permitted Use. Unless otherwise stated, the materials available at NEJM Online are the property of MMS and are protected under United States and international copyright laws and conventions. Except as otherwise provided by United States copyright law, materials from NEJM Online may be viewed, reproduced, or stored for private, noncommercial purposes only.

For information on obtaining permission to copy beyond that permitted by these Terms and Conditions, or United States copyright law, please refer to MMS copyright information.

3. Trademark Ownership. The Massachusetts Medical Society (and logo design) and the New England Journal of Medicine (and logo design) (“MMS Trademarks”) are trademarks of MMS. Any use of MMS 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. Web Site Integrity. Interfering with the operation of NEJM Online or circumventing the NEJM Online security system is strictly prohibited.

5. Modifications of Terms and Conditions. MMS reserves the right to modify the Terms and Conditions for NEJM Online at any time. Any such modification will be posted on NEJM Online and the continued use of NEJM Online after any such posting shall constitute acceptance of the Terms and Conditions as modified.

6. Web Site Modifications and Availability. MMS will make reasonable efforts to keep NEJM Online available twenty-four hours a day, seven days a week. However, owing to technical failures, routine maintenance, or other unforeseen circumstances, availability may be limited and MMS will not be responsible for the nonavailability of NEJM Online. MMS reserves the right to modify, suspend, discontinue, or restrict access to, all or any part of NEJM Online at any time.

7. Disclaimer of Warranties and Liability. Materials published in NEJM and at NEJM Online are the result of research and/or contribution by independent individuals or organizations. MMS is not responsible for the accuracy or reliability of any data or conclusions reported in such materials.

NEJM Online is intended for educational, research, and reference purposes only. The content of this publication should not be substituted for the advice of a qualified health care professional. Do not disregard or avoid professional medical advice or delay seeking it because of materials at NEJM Online.

NEJM ONLINE IS PROVIDED "AS IS" ON AN "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 MMS, 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, NEJM ONLINE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGES, OR ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF NEJM ONLINE.

8. User-Generated Content.  The following provisions apply to user-generated content posted, or submitted for posting, to NEJM Online. By posting or submitting content to NEJM Online, you agree to the following provisions, which may be amended from time to time:

  1. You agree that you are fully responsible for the content that you post or 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 post or submit any personal information of another (including, without limitation, Protected Health Information). You will indemnify MMS, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the content you post or submit. You understand and agree that MMS is not responsible for content posted or submitted for posting by third parties.

  2. The editors of NEJM Online, in their sole discretion, reserve the right to reject, edit, remove, or otherwise alter any content submitted or posted to NEJM Online for any reason.  MMS reserves the right, in its sole discretion to revoke a user’s privilege to submit or post content to NEJM Online.

  3. You agree that by posting or submitting content to NEJM Online, you hereby grant to MMS a royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, sublicense, modify, publicly perform, display, translate, create derivative works from, and distribute that material, in whole or in part, and incorporate it into other MMS publications, in any form, media, or technology now known or later developed.  You authorize MMS to publish your name and location (city, state and/or country) in connection with any use of your submission to NEJM Online and in identifying yourself and location, you represent that you have done so accurately. Once your submission is posted, you will not have the right to have it removed or edited.

  4. You agree to post or submit content to NEJM Online only for non-commercial purposes.

  5. Submissions to the user-generated content portions of NEJM Online must be legible, comprehensible, and written in the English language.

  6. You agree that you have disclosed any relevant competing interests that, when broadly viewed, could be construed as a conflict of interest or the appearance thereof including, without limitation, financial or beneficial conflicts of interest, employment relationships, and affiliations with other entities or interests.

9. International Use. NEJM Online is controlled and operated within the United States of America.  MMS makes no representation that the materials or services available at or through NEJM Online are appropriate or available for use outside of the United States.  If you access NEJM Online from outside of the United States, you are responsible for compliance with all applicable laws, rules and regulations.

10. Choice of Law and Forum. The use of NEJM Online, these Terms and Conditions, and all actions contemplated by these Terms and Conditions shall be governed by the laws of the United States of America and the Commonwealth of Massachusetts as if these Terms and Conditions 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 and Conditions or the use of NEJM Online shall be with the state or federal courts located in the Commonwealth of Massachusetts, USA.

11. Endorsements. Descriptions of, references to, or links to other products, publications, or services does not imply endorsement of any kind unless expressly stated by MMS.

12. Login Security. Sharing NEJM Online login information is strictly prohibited.

13. Privacy.  Registration data and other information about you and your use of NEJM Online are subject to the NEJM Online Privacy Policy.

14. Copyright Complaints. MMS respects the intellectual property ownership rights of others.  If you believe your work has been reproduced at NEJM Online in a way that constitutes copyright infringement, please notify us by following the instructions in our notice about making claims of copyright infringement.


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