Terms of Use

Last updated: September 2023

The NEJM Group is a division of the Massachusetts Medical Society (“MMS”).

1. General.

These Terms of Use govern your access to and use of NEJM Group digital products and services, including nejm.org, NEJM mobile applications, jwatch.org, knowledgeplus.nejm.org, catalyst.nejm.org, resident360.nejm.org, healer.nejm.org, evidence.nejm.org, ai.nejm.org and, unless other terms and conditions expressly apply, any other electronic service of NEJM Group that may be made available from time-to-time (each a “Service”). Any use of the Services shall constitute acceptance of these Terms of Use.

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

2. Copyright Ownership and Permitted Use.

Unless otherwise indicated, the content available through the Services including, without limitation, text, videos, photographs, logos, audio, images, applications, programs, and graphics, (“Content”) is protected by copyright and may be used only in accordance with copyright and other applicable laws. All copyright rights in the Content are owned by us or our licensors.

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, noncommercial 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.

You may link to Content provided you do so in a manner that is legal, does not circumvent our access controls, and does not suggest any form of association, approval, or endorsement by us.

For permissions information, please refer to NEJM Group copyright information.

3. Trademark Ownership.

All rights in the product names, trade names, logos, service marks, trademarks, trade dress, and designs available through the Services including, without limitation, The New England Journal of Medicine, The New England Journal of Medicine logo design, NEJM, NEJM Journal Watch, NEJM Group, NEJM Catalyst, NEJM Resident 360, NEJM Evidence, NEJM Healer, NEJM AI, and NEJM Knowledge+ are the exclusive property of MMS 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.

4. Prohibited Conduct.

You may not circumvent the security of the Services or otherwise attempt to interfere with the proper workings of the Services. For example, and without limitation, you may not without our prior written permission:

• Access data not intended for users or log into a server, network, or account that you are not authorized to access.
• Attempt to probe, scan, or test the vulnerability of our systems or network or breach our security or authentication measures without authorization.
• Attempt to gain unauthorized access to, or interfere with, damage, or disrupt any part of the Services.
• Attack the Services via a denial-of-service attack of any kind.
• Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services.
• Engage in the systematic retrieval of Content.
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software included as part of the Services.
• Use Content from the Services to test, process, analyze, 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.

5. Modifications of Terms of Use.

The MMS reserves the right to modify these Terms of Use at any time. Any such modification will be posted and the continued use of the Services after any such posting shall constitute acceptance of the Terms of Use as modified.

6. Web Site Modifications and Availability.

The MMS will make reasonable efforts to keep the Services available 24 hours a day, 7 days a week. However, owing to technical failures, routine maintenance, or other unforeseen circumstances, availability may be limited and the MMS will not be responsible for the non-availability of the Services. The MMS reserves the right to modify, suspend, discontinue, or restrict access to, all or any part of the Services at any time.

7. Disclaimer of Warranties.

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. Medical science and clinical practice is ever-changing. Users, whenever possible, are advised to confirm the information available from the Services through independent 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. The MMS 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.

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. MMS 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. MMS 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.

8. Limitations of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, IN NO EVENT SHALL MMS (INCLUDING ANY OF ITS PARTNERS, 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 MMS 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 $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 MMS WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification.

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless MMS, 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) your breach of this Agreement; or (c) 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.

10. Arbitration, Class-Action Waiver and Jury Waiver.

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

MMS 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. MMS and you agree not to combine a dispute that is subject to arbitration under this Agreement with a dispute that is not eligible for arbitration under this Agreement.

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.

Required Use of AAA

You agree that the arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.

11. User Generated Content.

You agree that you are fully responsible for the content that you submit. You agree that you will not post or submit any content that (i) is defamatory, obscene, or abusive, (ii) violates or infringes upon the proprietary, publicity, or privacy rights of any 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 another (including, without limitation, Protected Health Information). You will indemnify the MMS, from any third party cost, claim, or demand, including reasonable attorneys’ fees, due to or arising out of the content you submit. You understand and agree that the MMS is not responsible for content submitted by third parties.

You agree that by submitting content, you grant to MMS and our licensees a royalty-free, perpetual, irrevocable, non-exclusive worldwide, right and license to display, publish, translate, distribute and otherwise use your submission in any format or media now known or later developed in connection with MMS publications and offerings including, without limitation, the Services. We shall have the right, but not the obligation, to monitor submissions to determine compliance with these Terms of Use and any operating rules we establish to satisfy any law, rule, regulation or government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any submission.

We are under no obligation to display or otherwise use your submission. You authorize the MMS to publish your name and location (city, state and/or country) in connection with any use of your submission and, in identifying yourself and location, you represent that you have done so accurately. You agree to post or submit only for non-commercial purposes.

12. International Use.

The Services are controlled and operated within the United States of America. The MMS makes no representation that the Services or content made available through the Services are appropriate or available for use outside of the United States. Certain items available through NEJM Group digital offerings may be subject to U.S. export laws and regulations. In such event, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo and that you are not on any U.S. Government list of prohibited, blocked, or restricted parties.

13. Compliance with Laws.

You agree to comply with relevant laws, rules, and regulations, including Applicable privacy laws and those laws referred to in the NEJM Group Privacy Policy, that apply to your use of the Services.

14. Choice of Law and Forum.

Your access and use of the Services, these Terms of Use, and all actions contemplated by these Terms of Use shall be governed by the laws of the United States of America and the Commonwealth of Massachusetts as if these Terms of Use were an agreement wholly entered into and wholly performed within the Commonwealth of Massachusetts. The exclusive jurisdiction for any claim or action arising from or relating to these Terms of Use or the use of the Services (except where arbitration is specified) shall be with the state or federal courts located in the Commonwealth of Massachusetts, USA.

15. Endorsements.

Descriptions of, references to, or links to other products, publications, or services does not imply endorsement of any kind unless expressly stated by the MMS.

16. Registration Information.

Where registration information is involved for the use of a Service, you agree to provide valid and truthful information. The sharing of login information is prohibited.

17. Privacy.

Registration data and other information about you and your use of the Services are subject to the NEJM Group Privacy Policy.

18. Copyright Complaints.

The MMS 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.

19. Tax Notices.

Alabama Sales Tax
Seller has collected the simplified sellers use tax on taxable transactions delivered into Alabama and the tax will be remitted on the customer’s behalf to the Alabama Department of Revenue. Seller’s program account number is SSU-R011317001.

20. Additional Terms for NEJM CareerCenter

1. Inappropriate Database Use. The profile database is intended for users who are evaluating and hiring medical professionals for their companies. MMS reserves the right to remove any submitted information and disable resume access or an account at any time without prior notification for improper use of the site.
2. Accuracy. The user shall be responsible for the accuracy, timeliness, and completeness of any employment requirements that are placed at the NEJM CareerCenter.
3. Genuine Employment Requirements. The user shall present at the NEJM CareerCenter only genuine and existing employment requirements with the user.
4. Liability for Personnel Selected. MMS is not liable or responsible for any personnel selected by the employer and the employer represents that any selection, retention or hire of any individual or entity is based solely on the user's investigation, verification and determination that such hire is suitable for the user's purposes.
5. Unpaid Postings. MMS reserves the right to remove the job posting(s) if an arrangement for the billing process has not been met within a 24-hour period of posting.
6. Right to Edit Employment Advertisements. MMS reserves the right to edit all employment advertisements. With the exception of edits intended for optimizing searchability, MMS will review any such edited advertisements with the user prior to publication.
7. Discrimination and Bias. Employers/recruiters shall not submit advertisements that reflect, imply or contribute to any discriminatory actions, practices or improper bias. MMS reserves the right to reject any advertisement, or to edit any advertisement to remove any such offending language or implication.
8. Truthfulness, Accuracy, and Authority. Employer/recruiter shall take sole responsibility to ensure that its advertising is true and accurate and conforms to all applicable laws, standards and regulations and the employer/recruiter represents and warrants to MMS that it has all necessary authorization for the placement of the entire content of its advertising within the site. MMS may however decline any advertising or discontinue further publication of any advertising, at any time and for any reason, and shall not be liable in any manner as a result of such action, except to refund a prorated portion of any fees then paid.