0

Conditions of Use

The JAMA Network™ is a consortium of peer-reviewed print and online medical publications that includes JAMA® and 9 specialty Archives Journals.

All access to and use of The JAMA Network™ platform and websites or portal are conditioned on compliance with the following terms and conditions.             

Revised: May 14, 2012

  • The editorial content of JAMA®, the Journal of the American Medical Association, and the Archives Journals (hereinafter referred to as the "material" or the JAMA Network Publications) appearing on this site is copyrighted by American Medical Association (AMA) which reserves all rights therein.
  • No part of the material may be used in any form of commercial exploitation, including but not limited to, print or broadcast media, and no subscriber or user may publish as its own any material contained on this site. User may not use or post the material on a public computer based information system, including any electronic bulletin board available to the public, including the Internet or World Wide Web, other than for gaining access to the material from the AMA.
  • Individuals using this site may reproduce or store print copies of journal articles for their personal, noncommercial use. Uses beyond those allowed by the "Fair Use" limitations (sections 107 and 108) of the US Copyright law require permission of the AMA.
  • Libraries are permitted to supply single copies of articles from JAMA and the Archives Journals to authorized users of another library solely by post or facsimile, but not via digital transmission, for the purposes of private but not for commercial use.
  • AMA disclaims any liability to any party for the accuracy, completeness or availability of the material or for any damages arising out of the use or non-use of any of the material and any information contained therein.
  • US Government Rights: This Service includes AMA journal and other materials which are commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable which were developed exclusively at private expense by the American Medical Association, 515 North State Street, Chicago, Illinois 60654. US Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015 (b)(2) (June 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable for U.S. Department of Defense procurements and the limited rights restriction of FAR 52.227-14 (June 1987), and/or subject to the restricted rights provisions of FAR 52.227-14 (June 1987) and FAR 52.227-19 (June 1987), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.
  • The AMA reserves the right to modify the Conditions of Use in its sole discretion and to deny access to anyone who breaches these Conditions. Accessing or use of the materials following the posting of any such modifications shall be subject to such modified Conditions.
  • This Agreement may not be assigned. This Agreement shall be interpreted and construed in accordance with and shall be governed by the laws of the United States of America and the internal laws of the State of Illinois without reference to choice of law provisions and by the English language as it is used in the United States.

Any controversy arising out of or relating to this Agreement shall be arbitrated by the American Arbitration Association under its appropriate procedures in Chicago, Illinois, by a single arbitrator whose award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction over any action concerning the enforcement of an arbitration award and the parties hereto agree to submit to the jurisdiction of the courts of the State of Illinois and the United States District Court for the Northern District of Illinois. In the case of public institutions, nothing herein shall be construed to alter or waive the application of state statutes conditioning contracts of such institutions. If any provision hereof is held to be unenforceable or contrary to public policy, the parties agree that the remaining portions are enforceable.

These additional Terms of Use also apply and our Conditions to Your use of The JAMA Network platform and websites or portal services. By registering for the JAMA Network portal and/or using the platform You accept these Terms of Use. AMA may revise these Terms of Use at any time by posting revised Terms of Use to the JAMA Network portal. Your continued use of the JAMA Network portal confirms Your acceptance of the revised Terms of Use posted at the time of Your continued use.

1. Definitions. "The JAMA Network" includes JAMA®, The Journal of the American Medical Association, and the family of medical specialty journals known as the Archives Journals or JAMA Network Publications, all published by the AMA.

"The JAMA Network™ platform and websites" or “JAMA Network portal” include the various components referred to above including all journal content products, services, features, functionalities, content related sites, and other information accessible through the JAMA Network portal [whether provided by the AMA or any third party]. 

Related sites include JAMA on Facebook, JAMA on Twitter, Calendar of Events, JAMA and Archives CME, For The Media, JAMAevidence, AMA Manual of Style, JAMA Career Center, ICMJE, WAME.

"You" or "Your" means any individual or institution authorized to access the JAMA Network content, platform and websites (collectively the “JN portal”).

"Terms of Use" means these terms and the JN Privacy Policy which are incorporated into these Terms of Use by this reference. If, in the course of using the JN portal and/or the Services, AMA learns non-public information about You, AMA's use of such non-public information shall be governed by AMA's Privacy Policy [Read it at http://www.ama-assn.org/ama/pub/footer/privacy-policy.shtml]

"AMA" means the American Medical Association and any of its subsidiaries or affiliates and their personnel, agents and representatives.  "AMA Parties" means, collectively, the AMA and its editorial and publishing departments, plus its suppliers, advertisers, promotional partners, licensors, Silverchair Information Services, Inc.  and/or other parties directly engaged in the delivery of the components, products, services, features or functionalities or content of The JAMA Network portal.

2. Your Registration. As a condition to access the JN portal and/or the Services, the information You provide to JN or via Your registration to use the JN portal [or otherwise] must be accurate, current and complete. You are responsible for updating such information so that it remains, accurate, current and complete. You are also responsible for the security and/or use of Your user ID and password and must not permit any other person or entity to use Your user ID and password. Your breach of these Terms of Use may result in suspension or termination of access to the JN portal and services. In order to use the JN portal, you must be at least eighteen (18) years of age.

3. License Grant. Subject to these Terms of Use and Your payment obligations, the AMA grants You a personal, revocable, limited, non-exclusive, non-sublicensable, non-transferable license to access and use the JN portal and material within it solely for clinical, educational and informational non-commercial purposes.

4. License and Use Restrictions. Components, products, services, features, functionalities or content accessible through the JN portal may contain limitations [e.g., restrictions on the number of users or type of user] on Your use. AMA and/or its authorized representative(s), shall have the right to audit and inspect Your use to verify Your compliance with any such limitations. If Your use is non-conforming, You shall immediately conform to such limitations or pay any amounts then due and owing for such non-conforming use, at AMA's option. AMA reserves the right to terminate your access to the JN portal and/or the Services in the event of non-conforming use.

To ensure that each authorized user can enjoy the JN portal, You shall not (a) provide, disclose, divulge or make available to or permit use of the JN portal to or by anyone who is not also an authorized user; (b) copy or reproduce any part of the JN portal including its components, products, services, features, functionalities or content; (c) interfere, or attempt to interfere, with the JN portal in any way; (d) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the JN portal or its components, products, services, features, functionalities or content or discover or attempt to discover the source code of all or any portion of the JN portal in any way for any reason; (e) engage in spamming, mail bombing, spoofing or any other fraudulent, illegal or unauthorized use of the JN portal or the AMA Parties' systems; (f) introduce into or transmit through the JN portal or any licensor system any virus, worm, trap door, back door, timer, clock, counter or other limiting routine, instruction or design; (g) attempt to create a link from the JN portal; (h) copy or create any frames at any other websites pertaining to or using any of the content or information accessible through the JN portal; or (i) copy, remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels located on the JN portal.

You warrant You will abide by all applicable local, state, national and international laws and regulations with respect to Your use of The JAMA Network™ portal. Your use must respect the proprietary rights [including copyright, trademark, service mark, trade dress, trade name, logo, brand or other distinctive identification or patent or trade secret] of AMA and any third party whose information or content is accessed via the JN portal. Any use of such proprietary information or content, apart from Your permitted use of the JN portal without the express prior written consent of the owner thereof, is prohibited.

The JN portal enables access to third party provided information and content [including, software, products and/or services and links to third party websites and/or downloads of third party material]. As noted above, third party provided information and content [including materials available on or through third party websites] may be proprietary in nature and protected by proprietary rights.

IF YOU PURCHASE OR USE A THIRD PARTY PRODUCT AND/OR SERVICE MADE AVAILABLE VIA THE JN PORTAL, YOU MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS OF USE AS A CONDITION OF USING SUCH PRODUCTS AND/OR SERVICES. TERMS OF USE OF THIRD PARTIES ARE IN ADDITION TO THESE TERMS OF USE. SPECIFICALLY, ALL LIMITATIONS ON LIABILITY AND DISCLAIMERS IN THESE TERMS OF USE PROTECTING AMA AND THE AMA PARTIES SHALL CONTINUE TO APPLY.

5. Personal Information, Identity and Privacy. If you provide information to parties other than AMA through the JN portal (or otherwise), You acknowledge such third parties are not bound by the JN Privacy Policy [referred to above] and AMA is not responsible or liable for the use of Your information, including personal or confidential information, by any third party.

You are responsible for preserving the privacy and security of Protected Health Information of Your patients as required by applicable laws and regulations including, without limitation, the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA").

6. User-Generated Content. The following provisions apply to user-generated content submitted to any JAMA Network Publication, to the news@JAMA blog or to the JN portal in connection with the material and services. By submitting content You affirm Your acceptance of and compliance with the following provisions, which may be amended from time to time:

A. You acknowledge that You alone are fully responsible for the content that You submit. You agree that You will not post or submit any content that (i) is false, defamatory, obscene, or abusive, (ii) violates or infringes upon the proprietary, privacy or publicity rights of any person or 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 or about another (especially Protected Health Information), unless it is necessary, relevant and You possess and provide to our editors a duly executed Patient Consent for Publication Form. You will indemnify AMA from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the content You submit. You understand and agree that AMA is not responsible for content submitted by third parties.

B. The editors of JAMA and the JAMA Network Publications, in their sole discretion, reserve the right to reject, edit, remove, or otherwise alter any content submitted for any reason, or no reason at all. AMA reserves the right, in its sole discretion, to revoke a user’s privilege to submit content.

C. You agree that by submitting content, You hereby grant to AMA a perpetual, irrevocable, royalty-free worldwide license to use, reproduce, sublicense, modify, retrieve, display, translate, publicly perform, create derivative works from, and distribute that material, in whole or in part, and incorporate it into other AMA publications and services, in any form, media, or technology now known or later developed. You authorize AMA to publish Your name, affiliation and location (city, state and/or country) and email address in connection with any use of Your submission and in identifying yourself and location, You represent that you have done so accurately. Once Your submission is posted, You forfeit the right to have it removed or edited.

D. You agree to post or submit content and comments only for non-commercial purposes.

E. Submissions to the user-generated content portions of the JN portal Services must be legible, comprehensible, and written in the English language, and be relevant to the article, issue or topic that allegedly prompted You to submit.

Medical Disclaimer. The JN portal is intended to facilitate academic and clinical research and the delivery of patient care by licensed physicians and other appropriately qualified healthcare professionals. Use of the JN portal does not substitute for professional medical advice, diagnosis, or treatment. Neither AMA nor any of the AMA Parties shall be responsible, and each expressly disclaims responsibility, for damages of any kind arising out of the use of, reference to, or reliance on, the JN portal.

7. Warranties Disclaimed. THE JN PORTAL AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY PROVIDED BY A THIRD PARTY WITH REGARD TO ITS PRODUCTS AND/OR SERVICES, NEITHER AMA NOR ANY OF THE AMA PARTIES PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT: (a) THE JN PORTAL, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (b) ACCESS TO THE JN PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE JN PORTAL WILL MEET YOUR EXPECTATIONS; OR (d) THE JN PORTAL OR ITS COMPONENTS OR PRODUCTS, SERVICES, FEATURES, FUNCTIONALITIES OR CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE JN PORTAL. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY.

8. Limitation of Liability. THE AMA PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING: (a) OUT OF THE USE OF OR INABILITY TO USE THE JN PORTAL OR THE SERVICES; (b) FROM ANY INTERRUPTION IN AVAILABILITY; (c) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (d) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE JN PORTAL OR THE SERVICES; (f) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE JN PORTAL; (g) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY YOU OR PROVIDED BY OR ADVERTISED ON ANY THIRD PARTY PORTAL; OR (h) OUT OF ANY OTHER MATTER RELATING TO THE JN PORTAL OR THE SERVICES.

In the event You are dissatisfied with, or dispute, these Terms of Use, the JN portal or the services, Your sole right and exclusive remedy is to terminate Your use of the JN portal or the services, even if that right or remedy is deemed to fail of its essential purpose. You confirm the AMA Parties have no other obligation, liability or responsibility to You or any other party. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR EXCLUSIVE REMEDY AND ENTIRE LIABILITY FOR ANY CLAIM RELATED TO THE SUBJECT MATTER OF THESE TERMS OF USE, WHETHER IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY, SHALL BE LIMITED TO TWO TIMES THE TOTAL AMOUNT YOU PAID TO THE AMA, TO THE JN PORTAL OR THE SERVICES PROVIDED HEREUNDER UPON WHICH THE LIABILITY IS BASED.

9. Exclusions Permitted by Law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY.

10. Indemnification. To the fullest extent permitted by law, You shall defend, indemnify, and hold harmless the AMA Parties from and against all claims arising from or in any way related to Your use of the JN portal or the services, medical decisions or actions by You and any related errors or omissions in related medical care, a violation by You of these Terms of Use, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. AMA will provide prompt written notice of any such claims, but failure to provide such notice will not release You from any of Your indemnification obligations except to the extent You are actually prejudiced by such failure, and will not relieve You from any other liability that You may have to the AMA Parties.

11. Term and Termination. These Terms of Use will take effect at the earlier of the time You register for the JN portal to provide the Services. Your rights under these Terms of Use and/or Your use of or access to the JN portal can be terminated or suspended at any time, for any reason or no reason at all with or without notice to you.  AMA is not obligated to provide any refunds, credits or similar benefits to You resulting from such termination or suspension. Notice may be provided by written or electronic communication or by posting a general statement of termination of rights under these Terms of Use on the JN portal. You may terminate these Terms of Use or the services at any time by ceasing to use the JN portal or the services. Upon any termination of these Terms of Use, the rights granted to You under these Terms of Use will immediately terminate, and You shall immediately cease using the JN portal. Except for Your right to access the JN portal, all other terms and conditions of these Terms of Use shall survive any termination or expiration of these Terms of Use.

12. Arbitration Venue. Except as provided below, any controversy or claim ("Claim") arising out of or relating to these Terms of Use or the Services shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes.

Any such Claim by You shall be brought solely as an individual and not as part of, or as a representative of, a class. The arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The arbitration shall be held in Chicago, Illinois. These Terms of Use and all matters regarding Your use of the JN portal and/or the Services shall be governed by, construed in accordance with, and enforced under Illinois law applicable to contracts executed and wholly performed in Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator's award shall be final and binding. The courts of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over: (a) any action concerning the enforcement of an arbitration award; or (b) if arbitration is not permitted by law, then any Claim arising out of or relating to these Terms of Use. You acknowledge having unconditionally and irrevocably submitted to the exclusive jurisdiction and venue of such courts and You will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. AMA reserves all rights and remedies available to it, in law or equity (including injunctive relief), necessary to protect its proprietary rights in the JN portal or any AMA copyrighted material, logo or trademark.

13. Statute of Limitations. Any Claim arising out of or related to Your use of the JN portal or the Services must be filed by You within one (1) year after such Claim arose.

14. Complete Agreement. These Terms of Use, together with any revisions, any other terms or conditions incorporated by reference [including the Privacy Policy] constitute the entire agreement between You and the AMA regarding the JN portal and the Services and supersedes any previous written or oral communication.

15. Third Party Beneficiary. You acknowledge the AMA Parties [including Silverchair] are direct and intended third party beneficiaries of the rights and protections and Your obligations under these Terms of Use and that such AMA Parties may directly enforce all such rights and obligations against You.

BY CLICKING "ACCEPT" AND/OR BY YOUR CONTINUNED USE OF THE JAMA NETWORK MATERIAL AND JN PORTAL, YOU CONFIRM YOUR ACCEPTANCE OF THE REVISED TERMS OF USE POSTED AT THE TIME OF YOUR CONTINUED USE.

You may print or save a copy of these Terms of Use for Your records.

Revised May 14, 2012