Terms and Conditions

Status: June 2024

Lecturio Inc. (“Lecturio”) is a subsidiary company of Lecturio GmbH, Käthe-Kollwitz-Str. 1, 04109 Leipzig, Germany.

1. Introduction

(1) These Terms and Conditions (hereinafter “T&Cs“) apply to the use of the websites www.lecturio.com, including www.healer.lecturio.com, the apps or other services (hereinafter “websites”, “Services” or “services“) of Lecturio Inc. and/or its parent company Lecturio GmbH (hereinafter “Lecturio“).

Lecturio, Inc,
511 Avenue of the Americas
10011 New York, NY
USA

 Lecturio GmbH
Käthe-Kollwitz-Str. 1
04109 Leipzig
Germany

(2) These T&Cs, and the executed order form and the general terms therein (“Order Form”) constitute the full, final and sole and exclusive agreement between Lecturio on one hand, and the entity or person paying for use and which holds the Account (or individual who receives a free Account) (as defined below) (“Organization”) or the person who is permitted by the Organization to use the Service (“User”), on the other hand. Deviating or contradictory terms and conditions of the User or Organization shall only become part of the contract with Lecturio if and to the extent that Lecturio has expressly agreed to the inclusion of the deviating terms and conditions in writing. Deviating terms and conditions of the User are in particular not included as part of these T&Cs with Lecturio by the fact that

  1. the User or Organization merely refers to it and transmits it to Lecturio or the third party commissioned by Lecturio, or
  2. that Lecturio or commissioned third parties do not expressly object to the validity of the terms and conditions of the User or the Organization,
  3. that Lecturio or third parties commissioned by Lecturio execute an order or service or activate a functionality without reservation.

 

(3) The headings and paragraphs in these T&Cs are for convenience only. They are not to be taken into account for the interpretation.

(4) Any use of the Services shall constitute acceptance of these T&Cs. By accessing, using, subscribing, purchasing, or downloading the Services, the User or Organization as the case may be agrees to follow and be bound by the T&Cs. If the User does not agree with these T&Cs, the User may NOT use the Services.

DISPUTE NOTICE: THESE T&CS INCLUDE AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERENCED IN THE ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES WITH LECTURIO WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. Scope of Service

(1) Lecturio may provide an Internet. mobile and on line platforms (each a “Service” or “Service(s)”) on which educational or training content of various disciplines (in particular legal as well as medical educational content) can be offered and accessed in the form of videos, screencasts, documents, or in any other form (hereinafter “educational content”) for the exchange of news, learning, and knowledge.

(2) Lecturio operates the Services in accordance with these T&Cs as well as any applicable additional Lecturio guidelines, which will be displayed to the User in a timely manner, and provides access to the websites or services. Users are entitled to use the websites or Services in the respective current version to access the educational content. Certain functionalities of the websites or additional options may not be available for all Services or may require prior registration of the User (according to section 5) or are offered for a fee.

(3) Some functions and features may not be available to an Organization or User without proof of identity or other requirements that will be stated on the applicable website

(4) Lecturio expressly reserves the right to modify or change the websites and/or Services for any reason at its discretion including without limitation taking into account the legitimate interests of Lecturio, and to prevent criminal acts or the circumvention of Lecturio’s fee structure. Lecturio may also revise, adapt, and further develop the websites or Services fundamentally or partially at regular or irregular intervals; in the course of such updates, services may be added, changed, or abolished.

(5) Lecturio is entitled to use third parties for the provision of services.

3. System Requirements

(1) Technical requirement for the use of the websites and Services of Lecturio includes internet access with sufficiently powerful data transmission and the use of a standard and updated Internet browser or mobile app in its then current version. Display, functionality, and usability may be limited when using certain browsers or operating systems or a not current version.

(2) It is the responsibility of the User to take appropriate measures to protect the hardware and software that the User uses to use the websites or Services of Lecturio (e.g. anti-virus scanner, firewall) and to update or execute them regularly.

(3) The User is obliged to maintain the system requirements and update browsers and operating systems so that the provision of a new version of the websites or Services by Lecturio may operate adequately.

4. Permitted User Group

(1) The registration for the activation and assignment of a personal User account (hereinafter referred to as “Account“, the entire registration process hereinafter referred to as “Registration“) may only be carried out by a natural person who has unlimited legal capacity, provided that this person has not been previously excluded from the use of the websites and/or Services of Lecturio.

(2) When registering, only a single natural person may be specified as the owner of the User account; in particular, registration as a group, married couple, or family or account sharing is not permitted. The sharing of login information such as user id and/or password is strictly prohibited. Accounts are not transferable. Lecturio reserves the right to delete Accounts where there has been a violation of the T&Cs or for which the registration was not completed after an appropriate period of time.

(3) The Registration of an Organization such as a legal entity, a company, or a special fund under public law may only be carried out by a natural person with unlimited legal capacity who is authorized to represent the Organization, who must be named, and to whom the Account is assigned. By agreeing to these T&Cs on behalf of an Organization the individual is representing and warranting to Lecturio that the person has all legal authority to so agree.

5. Binding Provision and Registration

(1)

  1. Contracts with Organizations enable their affiliated Users (e.g., students, teachers, clinical staff) to have access to the services in accordance with these T&Cs. The authorized Users, the fee to be paid and the individual specification of the authorized Users result from Order Forms or similar contract entered into between Lecturio and the “Organizations. This does not initially establish a separate contractual relationship between Lecturio and the authorized user. The right of use as a User is linked to the personal capacity that the authorized User is a registered student, employed teaching staff, or employed staff of an Organization. If this capacity ends, the authorized User can himself/herself acquire a personal authorization to use the Services by contacting Lecturio and entering into a Order Form or similar contract.
  2. Individuals have the option of concluding an agreement with Lecturio themselves for access to the services by means of a personal usage authorization through an Order Form.

 

‍(2) Most of the Services offered by Lecturio can only be used by a registered User. The registration as User requires the User’s agreement to these T&Cs.

(3) The registration by the User for use of the Services through an Organization is free of charge.

(4) For the registration of the User, it is necessary to submit the mandatory information that is requested from the User when registering for the Services. By confirming the registration button, the authorized User confirms the accuracy of the information provided and that they agree to these T&Cs and completes the registration.

  1. The data requested from the User must be complete and correct.
  2. The User may not enter a value-added service number (e.g. 0900 number) as a telephone number and may only enter a summonable or street address (and in particular not a post office box).
  3. The User must use a secure password in order to adequately protect the User Account from unauthorized access.

 

(5) The completion of the registration process constitutes an offer of the User to conclude a contract on the use of the Services on the basis of these T&Cs. Lecturio accepts this offer by activating the User account and these T&Cs become the binding agreement of the parties.

6. Addition of Fee-based Services for Users

(1) The individual User has the option of activating additional functions of Services in exchange for payment as provided in the websites and/or Services

(2) Lecturio offers different types of paid services for a User (e.g. subscription or direct purchase of paid content). The User can find the respective paid service and its scope of functions on Lecturio’s website.

  1. In principle, when using services of the “subscription” type, the User acquires access to the described Services in return for a subscription fee which is due at the agreed frequency (e.g. monthly, quarterly), unless the User has cancelled the subscription in compliance with the notice period.
  2. When using Services of the direct purchase type, the User acquires the right to use access to the agreed payment content within the agreed period of time in accordance with the contract.

 

(3) The prices and terms as provided in the websites and/or Services apply in each case.

(4) The option to use the Services does not constitute an offer to the User in the legal sense, but is to be understood as an invitation to the User to make an offer. By confirming the correspondingly marked button or other order mechanism, the User agrees that he/she wishes to enter into a contract for the fee-based services selected by him/her with Lecturio Confirmation of the aforementioned button or link constitutes the User offer to Lecturio to conclude a contract under these T&Cs.

(5) Lecturio may accept the offer of the User by a corresponding confirmation in electronic form (e.g. by e-mail).

7. Prices & Payment

(1) The prices and renewal prices published by Lecturio on the websites or Services at the time of the execution of the Order Form or similar agreement apply.

(2) The prices are total prices in the offered currency, i.e. prices excluding the applicable statutory taxes (such as value added tax, sales and use tax).

(3) Lecturio offers several payment method options which are specified in detail on the Websites and Services of Lecturio.

(4) If a direct debit payment method is selected and the User’s bank details are transmitted, Lecturio and its payment service provider is revocably authorized to collect the invoice amount from the specified account of the User. If the direct debit is not honored due to a lack of sufficient funds or due to the provision of incorrect bank details, or if the User objects to the debit although he is not entitled to do so, the User shall bear the fees incurred by the respective credit institution due to the chargeback if he is responsible for this. The debit of his account takes place after completion of the order.

(5) Unless otherwise agreed in writing, all payments are due on order or on renewals on the date of the renewal.

(6) If the User is in default of payment by failing to pay when due, Lecturio may (i) suspend or terminate the Account; and / or (ii) demand default interest in the amount of the statutory interest rate for the applicable jurisdiction. In addition, Lecturio reserves all rights under the law and may claim losses and damages caused by default.

8. Rights and Permissions

(1) Provided that the User has paid any due fees in full and does not violate these T&Cs or any other agreements between the contracting parties, Lecturio grants the User the non-exclusive, non-transferable, personal and non-sublicensable right to use the websites and/or Services for which is it ordered. Services as well as the Lecturio software provided thereon after login, consisting of the Lecturio Software and the Lecturio Application, in accordance with the statutory provisions exclusively for the use of the websites or services or the separately agreed purposes, if applicable.

(2) License Restrictions. Unless otherwise expressly permitted by Lecturio, User will not and Organization has no right to: (a) copy any website. Services or software provided by Lecturio (“Lecturio Materials”), (b) modify, adapt, or create derivative works of any Lecturio Materials; (c) rent, lease, loan, resell, transfer, sublicense, distribute, disclose or otherwise provide any Lecturio Materials to any third party; (d) decompile, disassemble or reverse-engineer any Lecturio Materials, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in any Lecturio Materials, except to the extent expressly permitted by applicable law notwithstanding a contractual prohibition to the contrary; (e) provide to any third party the results of any benchmark tests or other evaluation of any Lecturio Materials without Lecturio’s prior written consent; (f) attempt to disable or circumvent any license key or other technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any Lecturio Materials; (g) remove or obscure any copyright, trademark, patent, or other proprietary notices, legends or symbols from any Lecturio Materials; (h) exceed the designated number of Users; or (i) otherwise access or use any Lecturio Materials except as expressly authorized in these T&Cs. In addition,

a) Attack the Services via a denial-of-service attack of any kind.
b) Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services.
c) Engage in the systematic retrieval of Content.
d) Use electronic content from the Services to test, process, analyse, train, generate output from, or develop any form of artificial intelligence or machine learning tool or software, engage in unauthorized “scraping” or spidering or harvesting of information or Content or use any unauthorized means to compile information

9. User Input and Community Terms

(1) The User grants Lecturio the non-exclusive, sublicensable, royalty-free, spatially and temporally unrestricted right to use the content uploaded, inputted or posted on the websites, social networks and/or in the Services of Lecturio, including without limitation comments, forum posts, learning notes, etc. (hereinafter “User Contributions“), for purposes of reference advertising (online and offline). The right of use shall remain in effect even after termination of the User’s membership.

(2) A User’s own contributions can be removed by the User at any time. User can also send Lecturio an email to the email address: support@lecturio.com with the request to remove posted content. Lecturio will then remove the content within 14 days. With the removal any rights of use granted to Lecturio for the respective content expire.

(3) Lecturio reserves the right not to register the User and/or not to publish his content, information and/or other messages or data on the websites or in the services of Lecturio for any reason including without limitation if facts exist that give rise to justified doubts about compliance with the statutory provisions and/or these T&Cs in all its sections. Lecturio has no influence on content that Users bring into the websites or services of Lecturio, and in particular does not check them for legal conformity, completeness, conclusiveness, or timeliness.

(4) LECTURIO DOES NOT REVIEW ALL COMMUNICATIONS OR MATERIALS POSTED OR UPLOADED TO ITS COMMUNITY BOARDS OR FORUMS OR TO ITS SERVICES BY USERS AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY COMMUNICATIONS. However, Lecturio reserves the right, after being notified by a third party or otherwise, to block or remove communications, materials, individuals or your access, where it determines, in Lecturio’s sole discretion, to be:

  • in violation of Lecturio Community Site rules and/or T&Cs;
  • abusive, libelous, defamatory, obscene, offensive and/or harmful;
  • fraudulent, deceptive, or misleading;
  • in violation of a copyright or trademark, other intellectual property right of another;
  • offensive, discriminatory, not politically coloured or otherwise unacceptable to Lecturio and its mission statement;
  • violate the rights of other Users or third parties or applicable law;
  • violation of the regulations of the German Art Copyright Act, the EU GDPR (General Data Protection Regulation) and the German Data Protection Act;
  • threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
  • falsely purporting to be an employee or agent of Lecturio;
  • falsely purporting to be a moderator of any content between Users;
  • submit or input any “Protected Health Information” or “PHI” to the Services as defined by HIPAA’s Privacy Rule found at 45 C.F.R. §160.103 or similar laws or regulations;
  • use of the electronic content or the Services in a clinical or diagnostic setting submission, use or input in the Service of any “Protected Health Information” or “PHI.

 

(5) ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION PROVIDED ON OR THROUGH LECTURIO FORUMS, COMMUNITY BOARDS OR SERVICES SHOULD NOT BE CONSTRUED AS PROFESSIONAL OR MEDICAL ADVICE OR INSTRUCTION.

All content or materials posted on or shared through Lecturio Forums or community boards or Services are the sole responsibility of the user. Lecturio shall assume no liability or responsibility for user-posted materials, including, but not limited to, copyright violations or defamatory statements. Although Lecturio has no obligation to screen, edit or monitor of the above data or content, Lecturio reserves the right to delete or remove such data or content at any time and for any reason.

(6) Content and materials posted by Users and third parties, and links or downloads thereof, reflect only the views of their authors and do not necessarily reflect those of Lecturio. Furthermore, Lecturio makes no warranties or representations that users will not find such content and materials inappropriate or offensive.

(7) The User hereby indemnifies Lecturio and its employees, agents, shareholders, directors and its affiliates against all claims asserted against Lecturio by other Users or third parties resulting from acts or omissions of the User on the websites or in the Services of Lecturio. Lecturio’s claim for indemnification also includes the costs of necessary legal representation. Lecturio remains entitled to take appropriate measures to defend itself against claims of third parties or to pursue its rights.

10. Revocation Policy & Revocation Form for Users

Sections 10 (1) through (3) apply to users in Germany.

(1) Users are legally entitled to a right of revocation (§§ 312g, 355 ff. BGB – German Civil Code) when concluding distance contracts against payment, unless this right is excluded or has expired.

(2) A User is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity.

(3) More information on the revocation policy and form can be found here.

11. Term, Termination

(1) Where the User is a no charge (free) account (“Free Account”) the term is for an indefinite period of time and, in addition to termination and suspension provisions in these T&Cs, can be terminated by either party at any time without notice.

(2) Additional fee-based functions and applications contracted by the User shall end upon expiry of the term booked, unless they are automatically extended or terminated prematurely for other reasons as provided in these T&Cs. In the event of termination of the additionally booked fee-based functions and applications, these functions shall remain available to the User until the expiry of the term, as may be extended. An upgrade is possible at any time.

(3) Lecturio’s right to terminate or suspend the Account in accordance with these T&Cs as well as for good cause in accordance with the statutory provisions pursuant to applicable law shall remain unaffected in each case.

(4) The User’s claim for reimbursement of pre-prepaid fees on the occasion of any termination, expiration or suspension is excluded, as all fees paid are non-refundable.

(5) Upon termination of an Account or of these T&Cs, all licenses granted by Lecturio to use the websites or the Services will automatically terminate, and all data and content that were inputted or added by the User or Organization in the terminated Account to the extent retained may be retained or deleted by Lecturio. The User and the Organization are responsible for exporting all data on termination or expiration of the Account.

12. User Obligation, Prohibited Actions

(1) The User is obliged to act with utmost care when using the websites or Services and to consider all of the special risks associated with the use of the Internet.

(2) The User shall in particular, but not exclusively, be subject to the following duties of care:

  1. Securing the data transfer to the websites or Services;
  2. “Logout” before leaving the website or Services;
  3. Refrain from actions that could result in an unreasonable or excessive load on the websites or Services or the underlying infrastructure, e.g. the introduction or use of malware or any intended or unintended denial of service attacks;
  4. Maintaining the secrecy of the access data to the account;
  5. Provide regular updating and checking of the information and data on the User stored in the Account, in particular contact data such as the e-mail address, as well as immediate correction of outdated, incomplete, misleading or incorrect information by notifying Lecturio.

(3) The User shall inform Lecturio immediately and in text form about an unauthorized use of his account or a security breach, e.g. by e-mail to support@lecturio.com.

13. Copyright Ownership and Permitted Use

(1) Unless otherwise indicated, the content available through the Services including, without limitation, text, videos, photographs, logos, audio, images, applications, programs, and graphics and other educational content and the Service and its components is protected by copyright and other intellectual property rights and may be used only in accordance with copyright and other applicable laws. All rights in the above and the educational content, the Service, and its components are reserved to and are owned by us or our licensors.

(2) You may not scrape, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, or create derivative works from, including with artificial intelligence tools, or in any way exploit any part of the Content except that you may make use of the Content for your own personal, non-commercial use, provided you keep intact all copyright and other proprietary rights notices.

YOU MAY NOT USE CONTENT TO TRAIN AI MODELS OR USE CONTENT FOR OTHER PURPOSES SUCH AS TRAINING A MACHINE LEARNING OR ARTIFICIAL INTELLIGENCE MODEL, WITHOUT EXPRESS PERMISSION OF LECTURIO.

(3) You may link to the educational content to learning management and similar platforms for internal use only, provided you do so in a lawful manner, does not circumvent our access controls, is used for any commercial use, is not displayed or used publicly, and does not suggest any form of association, approval, or endorsement by us.

(4) Lecturio respects the intellectual property ownership rights of others. If you believe your work has been reproduced in a way that constitutes copyright infringement, please notify us by following the instructions in our notice about making claims of copyright infringement to the Copyright Agent.

You may contact our agent designated to receive notice of claims of copyright infringement in the United States as follows:

DMCA Notice – Lecturio
Executive Counsel PLC,
2883 Macao Drive,
Herndon VA 20171 USA
Attn: Nelson Blitz.
+1-703-391-1188
Email: nblitz@exec-counsel.com

14. Trademark Ownership

All trademark rights in the product names, trade names, logos, service marks, trademarks, trade dress, and designs available through the Services including, without limitation, Lecturio and Healer, are the exclusive property of Lecturio and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international laws. Nothing stated or implied in the Services confers on you any license or right to use or misuse these trademarks or materials. In addition, the Organization hereby gives consent for Lecturio to display the name, brand, insignia, or symbols of client on its website and other materials as a user of the Services, with any press releases are to be coordinated with the Organization.

15. Measures, Denial of Access

(1) If Lecturio has a good faith reason to believe that a User violates applicable law, legal regulations, rights of third parties such as name rights, copyrights and trademark rights, or these T&Cs, or if there is another legitimate interest on the part of Lecturio, in particular to protect other Users from fraudulent or otherwise criminally relevant activities, Lecturio is entitled to take one or more of the following measures, taking into account the legitimate interests of the affected User:

  1. Warning;
  2. Delay or denial of registration or activation of the account;
  3. Deletion of the User’s content;
  4. Restriction of use of the websites and/or services provided by Lecturio;
  5. Exclusion – temporary or final – from the use of the websites and/or services (blocking).

 

(2) After a User has been denied access, there is no entitlement to restoration of the blocked account or to any refunds.

(3) After the final blocking, the User is only allowed to log in or register again on the websites or in the services of Lecturio after prior written approval by Lecturio. Lecturio decides on the renewed admission of the User at its own discretion.

(4) If Lecturio does not take any measures regarding a violation of these T&Cs committed by the User, Lecturio does not waive the right to take measures regarding current, future or similar violations.

16. Communication with Lecturio

(1) Communication with Lecturio is primarily in text form. Lecturio reserves the right to communicate with the User electronically in different ways, in particular by email, by text messages, by API (Application Programming Interface), by in-app push messages as well as by means of electronic messages on the websites or services or in the app; this applies if the User has provided Lecturio with corresponding contact data and has not expressly objected to the electronic communication channels selected by Lecturio.

(2) All consents, notifications, publications and other communications that Lecturio communicates to the User electronically do not require the statutory written form, unless mandatory legal provisions require a different form of communication in individual cases.

17. Disclaimer of Warranties

(1) The Services are intended for educational, research, self-study, and reference purposes only. The Services are not intended to substitute for the exercise of professional judgment by the user including with respect to any clinical or diagnostic uses. The intended use of the Services are of an exclusively academic nature and serve only for the purposes of knowledge and information exchange, for learning and training purposes as well as for the discussion of fictitious cases. Medical science and clinical practice is ever-changing. Users are advised to confirm the information available from the Services through independent and third party sources. The information available through the Services should not be substituted for the advice or judgement of a qualified health care professional. Do not disregard or avoid professional medical advice or delay seeking it because of materials made available through the Services. Lecturio makes no warranty that the operation of the Services will be uninterrupted or error-free or as to the accuracy, completeness, suitability, or result obtained from the use of the Services or any content included therein. All statements and opinions expressed through the Services are the opinions and responsibility of the person or entity providing those materials.

(2) The websites and services of Lecturio have only a supporting function in the preparation for intermediate or final exams. They do not aim to replace the User’s learning as such. In particular, Lecturio does not guarantee the successful completion of exams of any kind. In particular, any learning recommendations and/or weightings by experts do not replace adequate preparation for intermediate and/or final examinations (training, university) and specialist examinations.

(3) Owing to technical failures, routine maintenance, or other unforeseen circumstances, availability may be limited and Lecturio will not be responsible for the non-availability of the Services. Lecturio reserves the right to modify, suspend, discontinue, or restrict access to, all or any part of the Services at any time. Lecturio does not assume any liability for malfunctions.

(4) Subsection (4) applies for Users and Organizations in the United States and to the extent that the disclaimers of warranties herein are permitted by applicable law, otherwise the statutory provisions on warranty shall apply.

YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. LECTURIO DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. LECTURIO MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICE OFFERINGS DISPLAYED ON OR OFFERED THROUGH A SERVICE IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, TIMELY, OPERATIONAL, ERROR FREE, SECURE, SAFE, OR THAT THE SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE THE SERVICES. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

(5) In the event that Lecturio determines it necessary to remedy a fault, the specific manner of remedying disruptions shall be at the sole discretion of Lecturio. The User is obliged to support Lecturio free of charge in narrowing down the causes of malfunctions to a reasonable extent. Any fault reports shall be sent exclusively to this e-mail address: support@lecturio.com or via the corresponding report function in the support area of the respective website

Where Lecturio is supporting the remedy of a malfunction, the User shall provide the following information within the scope of his malfunction report – if possible and reasonable for him:

  1. comprehensive description of the fault that has occurred,
  2. Date and time of the fault that occurred,
  3. Indication of the function(s) affected and the operation(s) performed during which the malfunction occurred,
  4. Precise description of the end device, operating system (e.g. iOS, Android), the selected channel (app, mobile or desktop application) as well as the browser type and version used when the fault(s) occurred, as well as a valid e-mail address at which the User can be reached for any queries.

18. Warranty, Limitation of Liability

(1) Subsection (1) applies for Users and Organizations that are not in the United States and to the extent that the provisions herein are not permitted by applicable law.

(a) The statutory provisions on warranty shall apply.

(b) Unless otherwise stated in these terms and conditions including the following provisions, Lecturio is liable for a breach of contractual and non-contractual obligations under the statutory provisions.

(c) Lecturio is liable for damages – regardless of the legal reason – within the scope of fault liability in case of intent and gross negligence. In case of simple negligence, Lecturio is liable subject to a milder standard of liability according to the statutory provisions (e.g. for diligence in own affairs) only

  1. for damages resulting from injury to life, body or health,
  2. for damages resulting from a not insignificant breach of a material contractual obligation (obligation, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the other party regularly relies and may rely); in this case, however, the liability of Lecturio is limited to the compensation of the foreseeable, typically occurring damage.

(d) The above limitations of liability also apply to breaches of duty by or in favor of persons whose fault Lecturio is responsible for according to statutory provisions. They do not apply if Lecturio has fraudulently concealed a defect or is liable according to mandatory legal regulations.

(e) Lecturio links from its websites and services to external websites. Through these so-called “hyperlinks” the User is directed to the external website. Lecturio has no influence on the information of the external websites. Therefore, Lecturio cannot be held liable for the topicality, correctness and completeness of the contents of the external websites. Lecturio assures, however, that at the time of setting the link no legal violations were known to it and that it has checked the external websites within reasonable limits. If Lecturio becomes aware of the illegality of the linked content, the corresponding link will be removed immediately.

 

(2) Subsection (2) applies for Users and Organizations that are in the United States and to the extent that the provisions herein are permitted by applicable law..

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, IN NO EVENT SHALL LECTURIO (INCLUDING ANY OF ITS PARTNERS, PARENT COMPANY, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, MEMBERS, EMPLOYEES, CONTRACTORS, SUCCESSORS, OR ASSIGNEES AND THIRD-PARTY SERVICE PROVIDERS) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, HEIRS OR ASSIGNEES) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SERVICES, FOR ANY DAMAGE TO YOUR COMPUTER OR DATA, ANY DAMAGES ASSOCIATED WITH THE LOSS OF YOUR PERSONAL INFORMATION OR ANY OTHER DAMAGE OR ECONOMIC LOSS YOU MAY INCUR ENSUING FROM OR IN CONNECTION WITH (A) THE SERVICES; OR (B) YOUR SUBMISSION OF PERSONAL OR OTHER INFORMATION THROUGH THE SERVICES, EVEN IF LECTURIO OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO A MAXIMUM AMOUNT OF THE GREATER OF THE AMOUNT PAID BY YOU TO LECTURIO OR $100.

THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS OF USE, IN SUCH CASES, THE LIABILITY OF LECTURIO WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

19. Indemnification

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Lecturio, including its partners, affiliates, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third-party service providers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) use of the electronic content or the Services in a clinical or diagnostic setting submission, use or input in the Service of any “Protected Health Information” or “PHI”; (c) your breach of these T&Cs; or (d) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim. We will provide you with timely notice of any such claim, suit or proceeding.

20. Arbitration, Class-Action Waiver and Jury Waiver

This Section 20 applies for Users and Organizations that are in the United States.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Waiver of Jury Trial

LECTURIO AND YOU EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL DISPUTES, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR INFRINGEMENT OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS). Such disputes include those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. Lecturio and you agree not to combine a dispute that is subject to arbitration under these T&Cs with a dispute that is not eligible for arbitration under these T&Cs.

Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.

21. Data Protection

The contracting parties shall observe the requirements of data protection law. Registration data and other information about you and your use of the Services are subject to the https://www.lecturio.com/lecturio-healer-privacy-policy/

22. Changes to the T&Cs

(1) Lecturio reserves the right to modify or amend the T&Cs at any time.

(2) The User or Organization will receive written notice of any modifications or amendments in a timely manner in text form to the contact information provided by the User or Organization; Lecturio will notify the User or Organization of the associated implementation date.

(3) If the User does not object to the modifications or amendments within the period stated in the announcement or notification, the modifications or amendments shall be deemed accepted by the continued use of the websites or services of Lecturio.

(4) If the change is detrimental to the User, the User has the right to terminate the contract, which must be exercised at least in text form (e.g. by e-mail) with a notice period of two weeks to the effective date of the change to Lecturio. To the extent permitted by applicable law, there will be no refund of any payments made and any payments still owed will be due and payable notwithstanding such termination.

(5) This subsection 5 does not apply for Users and Organizations that are in the United States or in any location where the following is not required by applicable law.

Excluded from the right to change these T&Cs according to the previous paragraphs are regulations that affect the main performance obligations of the contracting parties and thus significantly change the relationship between main and counter performance obligations, as well as other fundamental changes to the contractual obligations that are equivalent to the conclusion of a new contract. Such changes can only be made by mutual agreement between User and Lecturio.

23. Online Dispute Resolution

(1) Lecturio is required under Regulation (EU) No 524/2013 of the European Parliament and of the Council to provide information about the European Commission’s online User dispute resolution service. It can be reached using this link: https://ec.europa.eu/consumers/odr/. Further information is available there. For initial questions about a possible dispute resolution, Lecturio is available at the e-mail address listed in the website imprint.

(2) Lecturio further points out that Lecturio has no obligation under the User Dispute Resolution Act to participate in dispute resolution proceedings before User arbitration boards and that such an obligation has not been voluntarily assumed.

(3) All disputes arising out of or in connection with this contract or its validity shall be finally settled in accordance with the Arbitration Rules of the German Arbitration Institute (DIS) without recourse to the ordinary courts of law.

(4) The arbitral tribunal shall be comprised of a “sole arbitrator”

(5) The seat of the arbitration is Leipzig, Germany

(6) The language of the arbitration shall be German.

24. Final Provisions

Subsections 1 and 2 does not apply for Users and Organizations that are in the United States.

(1) The contractual and business relations of the contracting parties shall be governed by the laws of the Federal Republic of Germany with regard to all components, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG); the provisions of these T&Cs shall be interpreted and construed in accordance with the laws of the Federal Republic of Germany. In the case of Users, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the User’s habitual residence is not revocation as a result.

(2) If the User is not a consumer, but a merchant, a legal entity under public law or a special fund under public law, or if the User has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all disputes arising from the business relationship between the contracting parties shall be, at the discretion of Lecturio, Leipzig or the registered office of the User However, in these cases Leipzig is the exclusive place of jurisdiction for lawsuits against Lecturio. The same applies if User does not have a general place of jurisdiction in Germany or the EU or if User’s domicile or usual place of residence is unknown at the time the action is filed. This shall not affect the right to bring an action before the court at another statutory place of jurisdiction. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision. This subsection (2) is subject to the arbitration provisions of these T&Cs.

(3) Subsection 3 applies for Users and Organizations that are in the United States.

A User’s or Organization’s access and use of the Services, these T&Cs, and all actions contemplated by these T&Cs shall be governed by the laws of the United States of America and the State of Delaware as if these T&Cs were an agreement wholly entered into and wholly performed within the State of Delaware. The exclusive jurisdiction for any claim or action arising from or relating to these T&Cs or the use of the Services (except where arbitration is specified) shall be with the state or federal courts located in the State of Delaware, USA.

(4) The language of these T&Cs is English and no translations shall be used to interpret or determine any meaning.

(5) Sections 1, 7, 8(2), 9, 11, 13, 14,17 through 20, 23 and 24 shall survive any termination or expiration of the T&Cs.

(6) The provisions of these T&Cs are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.