In order to participate in and submit information to the United States Eye Injury Registry (“USEIR”), an individual or entity (“Participant”) must read and agree to be bound by the terms of this Participation Agreement which is designed, in part, to preserve the integrity of the USEIR database and its value to ophthalmology. The terms of this Agreement may be changed by USEIR from time to time without advance notice. This Participation Agreement constitutes the entire understanding and agreement between USEIR and Participant with respect to the subject matter herein and supercedes any and all previous understandings, agreements, proposals and communications. USEIR may amend or modify the terms of this Participation Agreement at any time and such amendments or modifications shall be effective immediately upon notice hereof which may be given by posting such changes on the USEIR web site. Any use of the web site by Participant after such notice shall be deemed to constitute Participant’s acceptance of the amendments, modifications and changes. USEIR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF ANY OF THE INFORMATION CONTAINED ON ITS WEB SITE AND MAKES NO COMMITMENT TO UPDATE ITS SITE. THE INFORMATION AND DATA CONTAINED ON USEIR’S WEB SITE, INCLUDING THE USEIR DISCUSSION BOARD, IS PROVIDED “AS IS” AND WITHOUT WARRANTY OR GUARANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. USEIR DOES NOT RECOMMEND, SUGGEST OR ENDORSE ANY OF THE MEDICAL OR TREATMENT INFORMATION INCLUDED ON THIS WEB SITE. IF PARTICIPANT IS A MEDICAL PROVIDER PARTICIPANT MUST USE HIS/HER OWN PROFESSIONAL JUDGMENT IN EVALUATING THE INFORMATION AND SHOULD CONFIRM THE INFORMATION WITH OTHER SOURCES BEFORE UNDERTAKING ANY TREATMENT. USEIR SHALL NOT BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL CONSEQUENTIAL, COMPENSATORY, PUNITIVE OR OTHERWISE) THAT ARISE FROM OR ARE RELATED TO THE USE OR INABILITY TO USE THE WEB SITE OR ANY DATA, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE WEB SITE, REGARDLESS OF WHETHER THOSE DAMAGES ARE BASED UPON CONTRACT, NEGLIGENCE , STRICT LIABILITY OR ANY OTHER THEORY OF RECOVERY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO PARTICIPANT. I. Adoption / Acceptance of USEIR System In exchange for the right to participate in USEIR and its Discussion Board, Participant agrees to submit information to the USEIR database in accordance with the web based online operational instructions, to utilize the online software as directed and not to change any portion of the documents or software without the written agreement of the USEIR Board of Directors. II. Confidentiality of Information Procedure Patient and physician specific information is confidential and must be protected. In order to avoid unauthorized release of information, a Participant who is granted access to the USEIR database must adhere to this Confidentiality of Information Procedure. The USEIR system has self-protection features; however, Participant agrees not to submit or furnish, or to release, any data that refers to a particular patient or physician without the specific written consent of that patient and/or physician. Participant also agrees to hold harmless and to indemnify USEIR from any and all claims, causes of action or damages that may arise from Participant’s participation in USEIR, from Participant’s failure to obtain the consent of any patient(s) or physician(s), or from Participant’s submitting or furnishing of information to or releasing of information from USEIR. Participant further agrees to only use or release information obtained from USEIR when and as approved by the USEIR Privacy Board. When submitting information to USEIR, Participant may complete certain demographic questions regarding the patient whose information Participant is submitting. When completing the information submission page, Participant will be assigned an identification number for that particular case. The Participant must use the ID number to access Participant’s own information. To the extent that USEIR assists Participant with its own patient data, Participant has obtained authorizations and consents as appropriate. USEIR will allow Participant access to Participant’s own data, and may utilize de-identified data or other data in accordance with the attached Data Use Agreement or in conjunction with approved research. With respect to all communications Participant has with USEIR or through its Discussion Board, Participant shall have no right of confidentiality and USEIR shall have no obligation to protect those communications from disclosure, Participant grants USEIR a royalty-free, perpetual, unrestricted, non-exclusive worldwide right and license to use, copy, adapt, transmit, display, reproduce or sublicense others to exercise those rights with respect to all such communications. III. Submission of and Access to Information Every person or entity which participates in USEIR will be assigned an identification number upon their acceptance of the terms of this Participation Agreement and the completion of a Participant’s Registration form. The participant identification number must be used to log on to the Participant’s Page which will allow Participant to submit information regarding eye injuries and to access information which Participant has previously submitted to the Registry. Participant agrees to not allow any other person to use participant’s identification number to access USEIR’s web site or Discussion Board. Participant will not be able to access information submitted by other participants. IV. Protection of USEIR Software and System The USEIR web site is owned and operated by USEIR and is protected by copyright, service mark and other intellectual property laws. Participant agrees not to use the software, documents, procedures and web site, in whole or in part, for commercial purposes. Participant further agrees not to modify, copy, reverse engineer, distribute, transmit, display, reproduce, publish or transfer to any other web site any other information, data, software, services or products provided on or obtained through this web site. V. Publication Policy United States Eye Injury Registry Individual state eye injury registries are free to create their own publication policies for articles written based solely on data collected regarding their states and the state directors of such registries will be responsible for acting upon requests for state-related information. In accordance with section III above, the USEIR Privacy Board will have the sole discretion to decide whether information from state registries or the national database will be released to a Researcher for use in an article or publication. Requests for data from USEIR can be made by completing a Data Request. Upon Privacy Board Approval of the Data Request the Researcher Data Use Agreement must be executed. All articles or publications not written by USEIR, but which use data obtained from USEIR must include an acknowledgment which states: “This article is based upon data provided by the United States Eye Injury Registry. The analysis of data and views presented herein are solely those of the author and do not represent those of the Unites States Eye Injury Registry.” All articles or publications which purport to represent or be authored by USEIR must include “USEIR” in the title, must be approved in writing and in advance by the USEIR Board of Directors and the author must be designated as “______________ (author’s name) for the USEIR”. A copy of any article or publication which includes information or data received from USEIR must be submitted to USEIR upon its publication. VI. Discussion Board Participant will also have access to the USEIR Discussion Board. Access to the Board is limited to USEIR participants; the USEIR Board of Directors, Executive Committee and staff; and state eye injury registry directors. By accessing the Discussion Board, Participant agrees to be bound by and adhere to the rules contained in this section, which rules may be altered from time to time without advance notice. Because the Discussion Board allows real-time exchanges, it is impossible for USEIR to review the messages, monitor their content or to confirm the validity of any information posted. USEIR is not responsible for the contents of any messages posted on the discussion board and does not warrant the accuracy, completeness or usefulness of any information contained on the Discussion Board. The messages contained or posted on the Discussion Board express the views of the author(s), not that of USEIR or any of its Board of Directors or related entities. Participants who access the Discussion Board agree no to use the Discussion Board to post any information which Participant knows is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, threatening, sexually oriented, abusive of a person’s privacy or is otherwise violative of any law or regulation. Participant agrees that he/she/it is solely responsible for the of any messages or information Participant posts on the Discussion Board and agrees to indemnify and hold USEIR harmless for any and all claims, causes of action or damages that may arise from Participant’s use of the USEIR Discussion Board or from the transmission of any message(s). If Participant believes that a message contains objectionable content, Participant may contact USEIR via its e-mail address, loettamann@useironline.org. USEIR reserves the right, at its option, to edit or delete any messages contained or posted on the Discussion Board and to disclose the identity of Participant in the event of a complaint or legal action arising from or related to any message(s) posted on or transmitted through the Discussion Board. VII. Termination If Participant violates the terms of this Participation Agreement, Participant will be denied access to the USEIR web site, database, software and Discussion Board. USEIR may also terminate this Participation Agreement at any time without advance notice. In the event the Agreement is terminated, Participant is no longer authorized to access the USEIR database, web site, software and Discussion Board; however the restrictions, indemnification agreements and limitations of liabilities contained herein shall survive such termination. VIII. Links to Other Sites
I AGREE TO BE BOUND BY THE TERMS OF THIS PARTICIPATION |