DESIGN A CASE Online

Terms and Conditions of Use

Design a Case Online is an online service (“Service”) created by and provided to the faculty, students and personnel of other institutions of higher learning by The University of Texas Medical Branch at Galveston (“UTMB”). Use of the Service is governed by these terms and conditions and by UTMB's subscription and license agreement with the institution authorizing your access to this Service. By accessing and using this Service, you indicate your agreement to be bound by these terms and conditions at the time of your access to the Service. If you do not agree to these terms and conditions of use, you may not use this Service .

Legal Disclaimer

This Service is provided on an “as is” basis and is for educational use only .  UTMB disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or any way related to any errors in or omissions from this site and the content, including but not limited to technical inaccuracies and typographical errors.

UTMB does not warrant or guarantee that files available for downloading through the Service will be free of viruses, worms, Trojan horses or other codes that may contain contaminating or destructive properties. UTMB cannot and does not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this site are responsible for maintaining a means external to UTMB for the reconstruction of any lost data. The use of information on the site or materials linked from the site is at the user's own risk.

UTMB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site, or any part thereof, with or without notice.

Not Medical Advice

Nothing contained on this site or in the Service is intended to nor will it constitute medical advice or create a physician-patient relationship.  The contents of the site, such as text, graphics, images and other materials are informational purposes only and nothing in such content is intended to be or may be considered a substitute for professional medical advice, diagnosis, or treatment.  The site does not recommend or endorse any specific tests, products, procedures, opinions, or other information that might be mentioned on the site.

UTMB and its physicians make no warranties or representations as to the accuracy or completeness, timeliness or usefulness of any opinions, advice, services or other information provided in connection with use of the Service. UTMB and its physicians do not assume any risk for use of the information provided herein, including information appearing at any referenced hyperlinks.

Nondisclosure of private health information

User acknowledges that it has been explained that it is a violation of federal law to disclose information designated as “protected health information” (“PHI”) and that UTMB and User's institution have agreed that neither the institution nor any of its authorized users will have access to PHI or patient records of any type. If for some reason you obtain access to any such information, you agree not to disclose such information and to take such steps as UTMB or your institution deem necessary to prevent disclosure of such information.

Warranties and limitation of liability

UTMB DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE. UTMB DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. UTMB MAKES NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

UTMB IS NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE.

Representations of User:

By accessing the use of this Service you

•  Represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to agree to these terms and conditions and to use this site in accordance with these terms and conditions.
•  Agree to create a personal profile account.
•  Agree to maintain the security of all user identification, password and other confidential information relating to your use of your Service account.
•  Agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party
•  Agree that you will not use this site for any purpose in violation of local, state, national or international laws, including the laws protecting PHI (as defined herein)
•  Agree that you will not use this site as a means to distribute advertising or other unsolicited material to any third party.
•  Agree that you will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by UTMB in our sole discretion.
•  Agree that you will not create, upload, or input material or content which may disclose any private, protected, or confidential information including, but not limited to, Protected Health Information or patient records of any type
•  Agree that you will not create or upload material which may reasonably be deemed to be offensive, indecent, or obscene; that may degrade the performance of DAC Online, or that may reveal or exploit weaknesses in the security of DAC Online or otherwise circumvent DAC Online site security measures
•  Agree that you will not impersonate another person or create any false account information or health record for yourself or others.
•  Agree that you will not hold UTMB liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by this site. The sole and exclusive remedy for dissatisfaction with the Service will be to stop using the Service.
•  Agree that you indemnify UTMB and any of its successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to use of the Service, or any breach or violation of these terms and conditions
•  Agree that you will comply with all user responsibilities and obligations as stated in these terms and conditions

Other Terms and Conditions

Any controversy, dispute, or claim instituted in a court of law with respect to any provision of these terms and conditions will be adjudicated exclusively by a court of competent jurisdiction within Galveston County, Texas, the State of Texas, or the Federal District Court having jurisdiction therein, and the laws of the State of Texas will govern exclusive of its conflict of laws principles.

If any of the provisions of these terms and conditions are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that all other terms and conditions will otherwise remain in full force and effect.

These terms and conditions constitutes the entire agreement between User and UTMB relating to the access and use of the Service and such terms and conditions may not be modified, in whole or in part, except by UTMB in the manner described herein. Anything contained on the site or in connection with the Service that is inconsistent with or in conflict with these terms and conditions will be superseded by these terms and conditions.

Termination of services

If you violate these terms and conditions of use, your use of this site will terminate. UTMB or your institution may notify you that you have breached these terms and conditions and your account is being terminated. UTMB may also, in our sole discretion, terminate your access to this site, or any portion thereof, or discontinue providing the site, or any portion thereof. Failure to act with respect to a breach by you or others of these terms and conditions of use will not however waive UTMB's right to act with respect to subsequent or similar breaches. These actions are in addition to and not in lieu or limitation of any other right or remedy UTMB may have available at law. Further, UTMB will not be liable to you or any third party for any such termination or discontinuance.

Copyright and trademarks

All marks located on the site (such as "UTMB"; “Design A Case” “DAC") as well as the UTMB logo are trademarks and service marks of The University of Texas Medical Branch at Galveston .

The materials on the site are copyrighted by UTMB and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Service for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without the prior written permission of UTMB and the permission of the applicable rights holder(s).

I HAVE READ THE ABOVE TERMS AND CONDITIONS AND BY ACCESSING THE UTMB DESIGN A CASE ONLINE WEBSITE AGREE TO ACCEPT THEM.