Grasp™ Supplemental Terms of Service

Welcome to Grasp! Grasp is a feature of the Unbound Medicine platform that allows users to create decks of Grasp Cards (think flash cards) as study aids for both the creator of the decks and other Grasp Users (as defined below). We hope you find Grasp helpful in learning and retaining the medical information you need to know to perform your work in or for the medical field.

These Grasp Supplemental Terms of Service (the “Grasp Terms”) constitute a binding, contractual agreement between Unbound Medicine, Inc. (“Unbound”) on the one hand, and the Institutional Customer (as defined below) and the Grasp User on the other. The term “you” typically applies to both the Institutional Customer and Grasp User, but in the event that the Grasp User is not an authorized user of any Institutional Customer, the term “you” applies only to the Grasp User. The Grasp Terms are intended to supplement both the Unbound Medicine End User License Agreement (“ EULA ”) and the applicable Unbound Institutional Customer Licensing Agreement ( “Institutional License ”). To the extent that there is any conflict between these Grasp Terms and such EULA and/or Institutional License, the provision(s) in these Grasp Terms will prevail.

Capitalized terms not otherwise defined herein will have the meanings given them in the EULA. Upon your acceptance of these Grasp Terms, Grasp will become part of the definition of the “Service” in the EULA and the Institutional License, and these Grasp Terms will become part of the definition of “Agreement” in the EULA and the Institutional License.

BY ACCEPTING THESE GRASP TERMS OR BY USING GRASP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE GRASP TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE GRASP TERMS, YOU MUST NOT ACCEPT THESE TERMS OR USE GRASP.

1. Grasp Users and Institutional Customers. A “ Grasp User ” is either: (a) an end user who is an employee, contractor, representative or agent of an Institutional Customer and has been granted access to Grasp by such Institutional Customer as an authorized user or (b) is an individual who has paid the Service fees for himself or herself. An “ Institutional Customer ” is an entity that has executed an Institutional License with Unbound and pays the fees for one or more subscriptions to the Service for its authorized users.

2. Eligibility and Registration. Access to Grasp is only available to Grasp Users. In order to access Grasp, you will first need to create a unique screen name that will be different than your user name for the other parts of the Service. Your screen name will be deemed part of your User Content (as defined below) for the purpose of this Agreement.

3. Questions, Answers & Notes; License to Use Grasp. Grasp Cards consist of (1) questions (based on the header as it appears in the Service, “ Questions ”), (2) answers, which are unmodified chunks of Content that appear within the Service (“ Answers ”) and (3) notes, which are optional notations entered by you (“ Notes ”). Unbound hereby grants you a limited, non-exclusive, nontransferable license to access and use the features and functions of Grasp, including access to the Questions, Answers, and Notes. This license is granted on the express condition that: (a) you do not modify the Content (as defined below) contained within any Answer and (b) you do not hack or otherwise circumvent any technological limitations on your ability to access, use or modify any feature, function or Content. For the purpose of these Grasp Terms, “ Content ” means the text, sound, photographs, video, graphics or other material contained in or presented within the Grasp Cards and specifically excludes any Software and any User Content (as defined below).

4. User Content and Grasp Decks . As indicated above, Grasp allows you to modify or create certain Content within certain features. Any text, sound, photographs, video, graphics or other material entered or uploaded by any Grasp User, is called “User Content”. You are entirely responsible for the User Content that you make available through Grasp and your User Content must conform with the restrictions set forth in Section 6. As we understand that some people or projects are more private than others, we’ve designed Grasp so that you may elect to keep any of your decks available only to you (each a “ Private Grasp Deck ”) or you may share any of your decks with other Grasp Users (each a “ Public Grasp Deck ”). You may also be able to invite other Grasp Users to view and access your deck (each an “ Invitation Only Grasp Deck ”). If you share your deck with others, you hereby authorize Unbound to disclose to other Grasp Users your screen name (including any personally identifiable information that is part of such screen name) .

5. Ownership. All Content is the property of Unbound and its licensors, and such parties retain all right, title and interest in the Content, including any intellectual property rights therein. Except for the limited rights granted to you in this Agreement, you obtain no rights in or to the Content. Unbound and its licensors reserve all rights not expressly granted to you. You will retain all right, title, and interest in and to your User Content. Notwithstanding the foregoing, you hereby grant to Unbound an exclusive, perpetual, irrevocable, royalty-free, fully paid license to use the User Content and all intellectual property contained therein for any purpose in Unbound’s discretion, including, without limitation, to display, perform, reproduce, distribute and/or to create derivative works from such User Content or any such intellectual property. You represent and warrant that you have all necessary rights in and to such User Content to grant the foregoing license. You agree that we may associate any of your User Content and/or any deck created by you with your Screen Name, except that we will not associate your Screen Name with any Private Grasp Deck or any Invitation Only Grasp Deck without your written consent.

6. Restrictions. You may not use, copy, modify, download or transfer Grasp or any component of the foregoing, including the User Content, in whole or in part, except as expressly provided in the Agreement. You may not rent, lease, loan, resell for profit, or distribute Grasp, the Content, or any part thereof. You represent and warrant that your User Content will not:

• infringe the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others;
• violate the privacy, publicity, or other rights of third parties, including other Grasp users;
• violate any other law, statute, ordinance or regulation;
• contain information that is false or inaccurate or becomes false or inaccurate at any time;
• contain information that is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive;
• disclose or provide information protected under any law, agreement or fiduciary relationship, including, but not limited to, proprietary or confidential information of others;
• misrepresent your identity in any way;
• contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• advocate or encourage any illegal activity; or
• have the potential to create liability for Unbound or cause Unbound to violate the requirements or to lose the services, in whole or in part, of its Internet service providers or other suppliers.

Furthermore, when you provide User Content or otherwise share your Grasp Decks with others, please consider whether others should have access to the information you are posting. Additionally, you must not:

• use the User Content for commercial or advertising purposes or to solicit charity requests, petitions for signature, chain letters or similar communications;

• post content that is not yours;
• rely on the information you read — postings may be inaccurate or inappropriate and should not be taken as advice, as a tested protocol or a substitute for your own medical judgment;
• post or collect personal information about someone else;
• use User Content as an opportunity to vent, disparage or flame another person, organization or entity;
• express negative opinions without supporting facts; or
• post or link directly to any content with vulgarities directed towards another person, organization or entity.

Unbound makes no representations or guarantees about the accuracy, currency, suitability, or quality of the Content or the User Content. Unbound does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Unbound expressly disclaims any and all liability in connection with User Content. Unbound may remove any User Content from Grasp at any time for any reason in its sole discretion. Though Unbound strives to enforce these rules with all of its users, you may be exposed through Grasp to User Content that violates its policies or is otherwise offensive. You access and use Grasp at your own risk. Unbound may, but is not obligated to, delete and/or remove User Content from Grasp if Unbound determines or suspects that the User Content violates this Agreement. Unbound takes no responsibility for your exposure to User Content on Grasp, whether it violates these Grasp Terms or not.

7. Indemnification. You agree to indemnify, defend, and hold harmless Unbound from any suits, losses, claims, demands, liabilities, costs and expenses (including reasonable fees for attorneys) that Unbound may sustain or incur from your use of Grasp, from your breach of any of your obligations or any restrictions set forth in this Agreement, or from any User Content and decks you provide or make available through Grasp, including any claim that your User Content or deck infringes any intellectual right, violates any right of privacy or publicity, contains a defamation or any information that if relied on may cause personal injury, death, or damage to personal property.

8. Feedback. In the event that you provide Unbound any ideas, thoughts, criticisms, suggested improvements or other feedback related to Grasp or the Content (collectively “ Feedback ”), you agree Unbound may use the Feedback to modify its products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to Unbound a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.

9. Termination. You acknowledge and agree that Unbound, in its sole discretion, may suspend or terminate your use of Grasp, with or without prior notice, if Unbound believes that you have violated or acted inconsistently with the Agreement. You agree that Unbound will not be liable to you or any third party for termination of your access to Grasp. You may discontinue your use of and access to Grasp at any time by notifying Unbound in writing. Upon termination, all rights granted to you under this Agreement will immediately cease and you may not thereafter use Grasp. All licenses granted herein to Unbound relating to the User Content will survive termination of these Grasp Terms.

10. Modifications to Grasp. Unbound reserves the right to modify, suspend, or discontinue Grasp with or without notice to you and Unbound is not liable to you or any third party should Unbound exercise its right to modify Grasp. If you object to any such changes, your sole recourse is to discontinue using Grasp. Continued access and/or use of Grasp following notice of any such changes will indicate your assent to and acceptance of such changes.

11. Claims that the Service Contains Infringing Material. We respect the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible through Grasp, in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
• A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
• Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
• Identification of the URL or other specific location on the Services where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
• Your name, address, telephone number, and email address so that we may contact you.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our agent for notice of claims of copyright infringement on this Site can be reached as follows:

By mail:

Unbound Medicine, Inc.
3 Boars Head Ln
Charlottesville, VA 22903

By phone: (610) 627-9090

By email: dmca-agent@unboundmedicine.com

Last updated : May 7, 2024