Please read through these Terms carefully. By accessing The Physical web site at physicianscholar.org or the physicianscholar.org ("the Site") or by otherwise accessing any content found on this web site, you are deemed to have entered into an agreement with “The Physician Scholar” and to have agreed to be bound by the terms set out below. The site is owned and operated by TPS Media.

1. No Endorsement
Any content placed on this site by authors or users represent the views of the author or user posting the statement, and does not represent the views of any medical school.

2. Intellectual Property Protection
The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "Physician Scholar Content"), are copyright of The Physician Scholar. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "The Physician Scholar" name and logo or other trade names appearing on the Site) for any reason without written permission from The Physician Scholar.  The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

2. Use of Physician Scholar Content
You may retrieve and display the Physician Scholar Content on a computer screen or (if expressly authorised) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from The Physician Scholar:

1. reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Physician Scholar Content, or
2. modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Physician Scholar Content (including use as part of any library, archive or similar service) without the prior written consent of The Physician Scholar,
3. remove the copyright or trade mark notice from any copies of The Physician Scholar Content made under these Terms.

Any use of the Physician Scholar not specifically permitted above is expressly prohibited. Requests for permission for other uses may be submitted here.  A fee may apply.

3. Term and Termination
The Physician Scholar may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use the Physician Scholar Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of The Physician Scholar provided in these Terms or by law.

4. Changes to the Site
The Physician Scholar reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Physician Scholar Content available on the Site at any time and to restrict the use and accessibility of the Site.

5. Privacy Policy
The information that you provide about yourself to The Physician Scholar will only be used in accordance with The Physician Scholar's Privacy Policy Statement.

6. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Site, The Physician Scholar makes no warranty, express or implied concerning the Physician Scholar Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". The Physician Scholar expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will The Physician Scholar, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if The Physician Scholar has been advised of the possibility that such damages may arise. The Physician Scholar does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties.

In no event will any liability of The Physician Scholar, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by The Physician Scholar exceed the amount, if any, paid by you to The Physician Scholar in respect of the particular Site Service to which the claim relates.

Upon The Physician Scholar's request, you agree to defend, indemnify and hold harmless The Physician Scholar from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.

10. Force Majeure
The Physician Scholar, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Physician Scholar Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

11. Miscellaneous
Changes to these Terms. The Physician Scholar may, in its discretion, change these Terms (including those relating to your use of Site and/or the Physician Scholar Content). If you use the Site after The Physician Scholar has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain the Physician Scholar Content may be subject to additional terms and conditions.

Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. The Physician Scholar is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. The Physician Scholar is not responsible for the availability of these web sites or their contents.

Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by The Physician Scholar.

Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Notices. Notices to The Physician Scholar must be given in writing by letter and sent to The Physician Scholar's last known place of business in Rochester, MN.

12. Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Minneapolis, Minnesota, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.

Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.

Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.

13. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with the law. The parties irrevocably agree that the courts of United States shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the courts.

For the exclusive benefit of The Physician Scholar, The Physician Scholar shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.