Terms and Services
December 3, 2021
Welcome
We (the team at Table Rounds) have created Table Rounds to share our passion to make learning medicine a fun and collaborative experience. Through our off-line and online games, we strive to create a space that builds social connections among learners as much as it allows them to discover medical knowledge.
Definitions
Table Rounds is owned and operated by Low Yield Productions, LLC (the “Company”). Our services (the “Services”) include and are not limited to digital and physical products, such as Table Rounds games for medical education.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. These Terms include a mandatory arbitration provision. If you don’t agree to these Terms, don’t use our Services.
By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
Account
When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.
We may limit your access to our Services until we’re able to verify your account information, like your email address. When you create a Table Rounds account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). If you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
Your account may accrue Points as you generate Content (e.g. creating submissions). These points will be awarded based on rules determined at discretion of Table Rounds. These Points do not have any monetary value and are solely created to facilitate gameplay. We reserve the right to award Points to our users as we see fit.
If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.
Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
Qualification requirements
To use our Services, you certify that you are planning to use Table Rounds for educational and entertainment purposes only. If you are a healthcare provider or a health professions student, you will not use information obtained on our Services to make decisions that impact patient care directly or indirectly.
Content
We haven’t reviewed, and can’t review, all of the content posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. The Content can includes but is not limited to information, data, medical (or non-medical) case studies, text, photographs, images, illustrations, videos, audio clips, posts, comments, questions, answers, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. We reserve the right to, but do not have any obligation to: (i) remove, edit, or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all; and (ii) to remove or block any Content from the Services.
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, whether publicly posted or privately transmitted, is the sole responsibility of the user who originated such Content, and Low Yield Productions, LLC will not be liable for any errors or omissions. You agree that any Content submitted by you is voluntarily and with your express consent. We are not responsible for storing, backing up, or preventing loss of any of Content submitted by you.
You understand that your Content (not including credit card information), may be transferred unencrypted and involved (a) transmission over various networks; and (b) changes to confirm and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Responsibility of Visitors and Users
We’re not responsible for any use or effects of Content or third-party websites. For example:
- All Content is for educational and entertainment purposes only and does not represent medical advice.
- By using the Services, you acknowledge and agree that all Content you submit is voluntarily given and may be associated with your name and/or identity.
- We don’t have any control over third-party websites.
- A link to or from one of our Services does not represent or imply that we endorse any third-party website.
- We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- You’re fully responsible for the Content you submit to our website, and any harm resulting from that Content. It’s your responsibility to ensure that Content abides by applicable laws and by the Agreement.
- We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
You represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will not be used for any practice of medicine, diagnosis, or treatment. No Content on our Services constitutes medical opinion or medical advice, and none of Content can substitute for professional judgement regarding medical matters.
- Will not use our Services to promote your clinical services or create, encourage, promote any patient-doctor relationships, and you will not solicit medical services for anyone using our Services.
- Will never submit information to our Services that is Protected Health Information (“PHI”), as defined under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the regulations promulgated thereunder (“HIPAA”), and as covered under similar state laws, or any Content that violates any professional code of ethics. If you do provide any PHI in violation of our Terms, you agree that you are solely responsible for the consequences of such violation, and shall indemnify, defend and hold harmless Low Yield Productions, LLC and our affiliates. Will promptly report to us via our contact page if you discover any Content that contains PHI.
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of Low Yield Productions, LLC or any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- You will not create or attempt to create a substitute or similar service or product through use of or access to the Services or proprietary information related thereto. You shall not merge the Services with other software.
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
- Will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the service, or access to the service or any contact on the website through which the Services is provided, without express written permission by us.
Shipping of products and services
At this time we only offer US standard domestic shipping for our physical products. All orders of any size and quantity are subjected to standard shipping cost. The shipping price is based on the quantity of the order placed. Occasionally we may introduce short term promotional deals which can waive part or all of the standard shipping fees.
We will do our best to ship your order within 3 business days after it is placed. Additionally, US standard domestic shipping takes 5 to 8 business days. There may be circumstances, such as holidays that might delay the shipment of your order. Should any unforeseeable delays be encountered, such as pandemics or disruptions in our supply chain, customers will be notified in a timely fashion.
Payment
You agree that you will pay for all products and purchases through the Services, and that Low Yield Productions, LLC may charge your payment method for any products purchased and for any additional amounts including but not limited to any taxes, late fees, etc. as applicable that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Low Yield Productions, LLC with a valid payment method for payment of all fees.
Your total price will include the price of the product plus any applicable tax: such tax is based on the bill to address and the tax rate in effect at the time you purchase the product. All sales of products are final. Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refund in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to shipment, we will notify you to discuss available options: 1) waiting for the product to become available, 2) full refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and only choice is either replacement or refund of the price paid as determined by Low Yield Productions, LLC.
Billing
We reserve the right to refuse any order you placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase information including but not limited to email address, phone number, billing address, credit card number, expiration dates, and zip code so that we can complete your transaction and contact you as needed.
Return Policy
Low Yield Productions, LLC is currently not accepting returns on products sold. Exceptions may apply in circumstances in which the product delivered may be defective, or damaged to the extent limiting the product’s purposeful use. These circumstances will be handled on a case by case individual basis.
Errors, inaccuracies, and omissions
Our online store attempts to be as accurate as possible. However, our online store does not warrant that product descriptions and website content is accurate, free of errors, complete or current. If any product ordered from our online store that you receive is not as described on the website, it may be eligible for return. The eligibility for returning a product will be determined on a case-by-case basis and is only permitted if the agreement is reached between the party that placed the order and our representatives. Please refer to the return policy as outlined above for further information.
Occasionally there may be information on our website or in the products that contain typographical errors, inaccuracies or omissions that may be related but not limited to product descriptions, product content, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on our website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on our website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refreshed date applied on our website or on any related website, should be taken to indicate that all information on our website or on any related website has been modified or updated.
Third-party Content
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
The use of any of the optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with them and approve of the terms on which tools are provided by the relevant third-party provider(s).
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, contacts, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
Our website may contain links to affiliates and other websites. Low Yield Productions, LLC does not claim nor accept responsibility for any privacy policies, practices and/or procedures of websites. Therefore, we encourage our users and visitors to be aware when they leave our website and to read the privacy statement of every website that collects personally identifiable information. This Privacy Policy Agreement applies solely to the information collected by our website.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Content generated by you.
Feedback
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
License
By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, sell, reproduce, modify, distribute, adapt, publicly display, and publish the Content for any purpose related to our products and Services.
Copyright Infringement
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please refer to our DMCA Copyright Policy and send us a notice via our contact page.
Unless stated otherwise, the entire contents included on the website and our product items including but not limited to text, graphics or code, product names, business name, logos and designs are copyrighted and the intellectual property of Low Yield Productions, LLC and is protected by copyright and other intellectual property or proprietary rights.
All trademarks and trade names of the Table Rounds™ on the site and on the products are trademarks or registered trademarks of Low Yield Productions, LLC, or of their respective owners.
Changes
We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and/or may send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services.
Termination
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion refuse or remove any content that, in our reasonable opinion, violates any of the Agreement, or is in any way harmful or objectionable; or terminate or deny access to and use of any of our Services to any individual or entity for any reason. Any such termination shall immediately revoke the license granted, and you shall immediately be prohibited from accessing or using the Services or Content for any reason. We will have no obligation to provide a refund of any fees previously paid.
Disclaimers
Our Services are provided “as is.” We do not make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Virginia, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in Virginia.
Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Virginia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
Limited Liability
In no event will Low Yield Productions, LLC, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; Low Yield Productions, LLC shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free.
In the event that our website hosting malfunctions and our website goes offline, you will not be able to access our website, including Instructions to the physical product or our online Services. For this reason, we have made available PDF instructions that we encourage you to download and print for your personal use. We will do our best to resolve any technical issues as soon as possible. If our resources and availability permit, we will attempt to contact our existing customers to provide them with a copy of the Instructions via email or by other means. We will treat our customers the way we would expect to be treated if we were in their situation.
We do not write a warrant that the results that may be obtained from the use of our products will be accurate or reliable.
You expressly agree that your use of, or inability to use, the website and products is at your sole risk. All products and Services delivered to you through our website are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Low Yield Productions, LLC, our directors, officers, employees, affiliates, agents, contractors, associates, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damage of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products produced using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify and hold harmless Low Yield Productions, LLC, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services and/or Content that you post.
Miscellaneous
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Low Yield Productions, LLC and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between us and you. We have no fiduciary duty to you.
Contact Us
If you have any questions about these Terms, please contact us.
These Terms and Services have been adapted and modified from WordPress Terms of Service under Creative Commons Sharealike license.