Terms of Use

Effective: September 1, 2020.

Thank you for using AganaMed!

AganaMed’s products and services are provided by AganaMed LLC.  These Terms of Use (“Terms”) govern your use of AganaMed’s website, apps, and other products and services (“Services”). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully and contact us by emailing support@aganamed.com if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

Using AganaMed

Who May Use our Services

You may use our Services only if you can form a binding contract with AganaMed and only in compliance with these Terms and all applicable laws. When you create your AganaMed account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions.

Our License to You

Subject to these Terms and our policies (including the “Acceptable Use Policy” and “Honor Code” below, course-specific eligibility requirements, and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain AganaMed’s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by AganaMed, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

Content Offerings

Changes to Content Offerings

AganaMed offers courses and content (“Content Offerings”) from AganaMed and other providers (“Content Providers”). While we seek to provide world-class Content Offerings from our Content Providers, unexpected events do occur. AganaMed reserves the right to cancel, interrupt, reschedule , or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment. Content Offerings are subject to the “Disclaimers” and “Limitation of Liability” sections below.

No Academic Credit

Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of Content Offering does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a Content Offerings unless you have earned a Course Certificate or other equivalent documentation of your completion of the Content Offerings.  AganaMed, instructors, and the associated Content Providers have no obligation to have Content Offerings recognized by any educational institution or accreditation organization.

Disclaimer of Student-Partner Relationship

Nothing in these Terms or otherwise with respect to your participation in any Content Offerings by company partners (“Partners”) : (a) establishes any relationship between you and any Partner; (b) enrolls or registers you in any Partner institution, or in any Content Offering offered by any Partner institution; or (c) entitles you to use the resources of any Partner institution beyond participation in the Content Offering.

Your Content

User Content

The Services enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like (“User Content”), with AganaMed, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share. User Content does not include course content or other materials made available on or placed on to the AganaMed platform by or on behalf of AganaMed’s Content Providers or their instructors using the Services, the Content Offerings; as between AganaMed and its Content Providers, such Content Offerings are governed by the relevant agreements in place between AganaMed and its Content Providers.

How AganaMed and Others May Use User Content

To the extent that you provide User Content, you grant AganaMed a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting AganaMed the right to authorize Partners to use User Content with their registered students, on-campus learners, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights AganaMed may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, AganaMed does not waive any rights to use similar or related Feedback previously known to AganaMed, developed by its employees or contractors, or obtained from other sources.

Security

We care about the security of our users. While we work to protect the security of your account and related information, AganaMed cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing security@aganamed.com.

Third Party Content

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. AganaMed cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. AganaMed disclaims any responsibility or liability related to your access or use of, or inability to access and use, such third party content.

Copyright and Trademark Policy

AganaMed respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the AganaMed Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act.

Education Research

AganaMed is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.

Paid Services from AganaMed

AganaMed offers paid Services (e.g., Course Notes and Certificates for certain courses) for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees charged by or for AganaMed and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and AganaMed reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, AganaMed may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of AganaMed, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “AganaMed Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.

Disclaimers

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE AGANAMED PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE AGANAMED PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGANAMED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE AGANAMED PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL AGANAMED’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY AGANAMED FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE AGANAMED PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO AGANAMED’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify, defend, and hold harmless the AganaMed Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction

The Services are managed by AganaMed, which is located in San Francisco County, California. You agree that any dispute related to these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving San Francisco County, California as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or AganaMed may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and AganaMed. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

General Terms

Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability; Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Content Providers

AganaMed’s Content Providers, and integrated services providers are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Referenced Policies

  1. Acceptable Use Policy
  2. Copyright and Trademark Policy
  3. Refund Policy
  4. Honor Code

Acceptable Use Policy

Effective: September 1, 2020.

AganaMed’s mission is to share medical device development insights and best practices to enhance the knowledge and capability of existing medical device industry professionals and to facilitate the entrance of new talent into the industry. We believe strongly in preserving free speech and expression for our users as well as academic freedom for our Content Providers and instructors. We also want to make sure that all of our users and instructors feel safe and comfortable while using our Services. We have drafted this Policy to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.

We may remove or edit inappropriate content or activity identified by or reported to us or suspend, disable, or terminate a user’s access to all or part of the Services.

You are prohibited from using our Services to share content that:

  • Contains illegal content or promotes illegal activities with the intent to commit such activities.
  • Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
  • Harrasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
  • Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
  • Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
  • Otherwise violates the AganaMed Terms of Use. Please note that specific Content Offerings may have additional rules and requirements.

You also aren’t allowed to:

  • Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
  • Share your password, let anyone access your account, or do anything that might put your account at risk.
  • Attempt to access any other user’s account.
  • Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
  • Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
  • Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
  • Try to reverse engineer any portion of our Services.
  • Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
  • Use our Services to distribute malware.
  • Use our Services or any functionality of the AganaMed platform for anything other than for completing online courses or for pedagogical purposes.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Encourage or help anyone do any of the things on this list.

Effective: September 1, 2020.

AganaMed respects the intellectual property rights of our Content Providers, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

If you believe in good faith that materials on the Services infringe your copyright, the DMCA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.

The notice must include the following information:

  1. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
  3. Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow AganaMed to locate the material on the Services;
  4. The name, address, telephone number, and email address (if available) of the complaining party;
  5. 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; and
  6. 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.

Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:

  1. Via mail: Copyright Officer, AganaMed LLC, 268 Bush St #4320, San Francisco, CA 94104, USA
  2. Via email: copyright@aganamed.com

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

AganaMed also respects the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by AganaMed in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at copyright@aganamed.com, and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.

Refund Policy

Effective: September 1, 2020.

For details on our refund deadlines and policies, please refer to the information below. Please note that our policies differ between subscription payments and one-time payments made for course, training, consulting, and literature purchases, and that payment options may vary from one Service to another. Please also note that we treat violations of our Terms of Use and Honor Code very seriously, and we have no obligation to offer refunds to users who violate these terms, even if their requests are made within the designated refund period.

For Annual Subscriptions

AganaMed does not offer refunds for payments made on an annual (year-to-year) subscription plan. To avoid being charged during a free trial promotion (if any), you must cancel your subscription before your free trial ends. If you complete a course during the free trial period, AganaMed reserves the right to require you to pay for an annual subscription in order to receive a Course and/or other Certificate.

Your subscription will continue on an annual basis unless and until you cancel or the subscription is suspended or discontinued by AganaMed.  You must cancel your subscription before your annual renewal date to avoid the next billing.

If you cancel your subscription, cancellation will be effective at the end of the current annual period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.

If you upgrade your subscription to a higher level, the annual billing period will reset (re-start) on the date of upgrade.  If you downgrade your subscription, the remainder of your previous subscription payment will be pro-rated for your new lower-level subscription.

For Live Training and Consulting

AganaMed does not offer refunds or partial refunds for payments made for live training or live consulting services.

For Other Paid Services

Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, AganaMed has no obligation to provide refunds or vouchers for any other Services.

Third Party Marketplaces

Notwithstanding the foregoing, if you purchase or subscribe for courses, live training, live consulting, or purchase any other paid Service, through a third party marketplace (e.g., in-app purchases through the Apple App Store or purchases made through certain alternative payment services), the refund policy applicable to that third party marketplace will apply, unless otherwise explicitly stated by AganaMed. Except as otherwise explicitly stated by AganMed, the third party marketplace will be solely responsible for making refunds under its refund policy, and AganaMed will have no refund obligations. AganaMed disclaims any responsibility or liability related to any third party marketplace’s refund policy or the third party’s compliance or noncompliance with such policy.

Honor Code

Effective: September 1, 2020.

All students participating in a course or training must agree to abide by the following code:

  1. I will register for only one account, unless expressly permitted to register for additional accounts by AganaMed.
  2. My answers to homework, quizzes, exams, projects, and other assignments will be my own work (except for assignments that explicitly permit collaboration).
  3. I will not make solutions to homework, quizzes, exams, projects, and other assignments available to anyone else (except to the extent an assignment explicitly permits sharing solutions). This includes both solutions written by me, as well as any solutions provided by the course staff or others.
  4. I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.

Revisions

Below is a list of all the revisions made to the content of our Terms of Use, with links to view the difference between each revision.

  • 2020-09-01: Initial release.

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