Terms Of Use -

Terms of Use – Geistlich Learning Platform

Date of last revision: 2023, September 30
General Terms of Use Statement

By using the Geistlich Learning Management System with its content (called in this document "LMS") –maintained by Geistlich Pharma AG, Scientific Education Department (called in this document "GPAG") and its subsidiaries – you (called in this document "User") agree to the terms of use and privacy policy as described below.

The LMS may only be used for lawful purposes. The LMS exists with the intention of providing content and technical platforms for communication and cooperation projects that maintain the highest standards of ethical behavior and information integrity. The GPAG and its agents make every effort to provide up-to-date technical solutions and information in order to provide a useful resource primarily for healthcare professionals and people working in the healthcare environment. Whenever possible the GPAG provides references to support this information. Users of the LMS may contact the GPAG for additional information. The GPAG is responsible for the updating and management of the LMS. You may contact us at:

Geistlich Pharma AG
Bahnhofstrasse 40
6110 Wolhusen, Switzerland
Email: myguide@geistlich.com
General Conditions
1. 3.1 Purpose of the LMS
  
  The GPAG wishes to provide its stakeholders with a web-based education, information and cooperation platform related to healthcare topics. Nothing on the LMS should be construed as a direct solicitation or promotion for any product.
2. 3.2 Intended audience of the LMS
  
  The LMS is aimed at healthcare professionals and people working in the healthcare environment, but also at other people involved in the healthcare business.
  
  Any user of this LMS must be 18 or older.
3. 3.3 Intended use of the LMS
  
  The LMS is uniquely dedicated to deliver information in the fields of healthcare. All content shared by the user on the LMS is accessible to and may be read by other users and or moderators on the LMS, or by the administrative staff of the LMS for technical or administrative purposes.
  
  All content on the LMS must be approved by the GPAG. The GPAG has the right to accept or to refuse any content at its sole discretion and without further explanation. Further purpose is for the GPAG to organize webinars and specific training sessions. Participation in these projects is completely voluntary and without remuneration in any form, except any honorarium or fees should be stated elsewhere in a specific contract (e.g. speaker fees for a conference / webinar). The User therefore has the choice whether or not to participate in all or part of a given project. The GPAG or its agents reserve the right to use information gathered from Users of the LMS for various statistical calculations and LMS analysis.
Content of the LMS

The GPAG has created the LMS as an education, information, communication and collaboration platform dedicated on healthcare topics. Information and tools contained herein are designed and intended to provide an education, information, communication and collaboration platform for selected projects especially in the field of regenerative medicine. The LMS is not a direct promotional LMS for the GPAG's products. If you are looking for information about GPAG products, please visit www.Geistlich-Pharma.com. Further specific and current information for products as well as scientific and medical information regarding any products of the GPAG must be obtained from the GPAG office in your country or its legal distributors.

This LMS may contain information on medical and health-related topics. This information is not meant to be a substitute for the advice to a patient provided by his/her own physician or other medical professional. This information should not be used for diagnosing a personal health problem or a personal disease. Even if a statement made about a health condition or diagnostic or treatment is accurate, it may not apply to the User's condition. Nothing on the LMS or included as part of a project on the LMS should be construed as an attempt to offer or ender a medical opinion or otherwise engage in the practice of medicine. All content on the LMS should never be interpreted as advice or recommendations for patients or physicians. The GPAG does not guarantee the accuracy, timeliness, or completeness of the content contained in the LMS. The GPAG reserves the right to start, discontinue, modify, and add information at his discretion. Please take all steps necessary to make sure that any information you find on the LMS is correct and has the necessary references. Double-check information with other independent sources.

It is not permitted to upload, post, transmit, share, store or otherwise make available on the LMS any content that deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. It is forbidden to upload, post, transmit, share or otherwise make available on the LMS any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. It is also forbidden to upload, post, transmit, share, store or otherwise make available on the LMS content that, in the sole judgment of the GPAG or his partners in the LMS's projects, is objectionable or which restricts or inhibits any other person from using or enjoying the LMS, or which may expose the GPAG or its Users to any harm or liability of any type. The Users of the LMS may not download, copy, or print any portion of the LMS for anything other than personal use. Commercial purposes are strictly prohibited.
Data-Security

The GPAG and its agents or contractors will take reasonable precautions to protect the user data and information from loss, misuse or alteration. All Users are advised to select secure and strong passwords and not to share them to any third party.

Agent or contractors of the GPAG are required to keep the information and data confidential and are not permitted to use this information and the data for any other purpose than to carry out the services they are performing for the GPAG.
Data privacy

For the use of the LMS personal data must be provided. This is necessary for the registration, for the usage of services provided by the LMS or by GPAG and for the dispatch of workshop material ordered on the LMS.
Where the processing of personal data is necessary, and if there is no legal basis for processing personal data, we generally obtain consent from the data subject. If you agree on the Terms of Use of the LMS, you provide your consent.
The processing of personal data (e.g. the name, address, email address or telephone number of a data subject) is always carried out in accordance with the General Data Protection Regulation (GDPR) and in accordance with the Swiss Data Protection Act, to which the GPAG is subject. With this data privacy statement, the GPAG wishes to inform the public concerning the nature, scope and purpose of the personal data which we collect, use and process. In addition, this data privacy statement provides data subjects with information concerning their rights.

As a "controller", the GPAG has implemented numerous technical and organizational measures in order to ensure that personal data processed via this LMS are fully protected as far as possible. Despite this, Internet-based transmission of data is generally subject to security gaps, so that no guarantee of absolute protection can be given. For this reason, all data subjects have the option of communicating their personal data to us in alternative ways, for example by telephone.

In general, all personal data gathered by the GPAG is stored in electronic form on servers located in Switzerland. Personal data is only disclosed abroad by the GPAG if necessary for the provision of a particular service such as the services provided on this. The data collected on this LMS is stored in Europe (see the Terms of Use from our service provider for the "Matrix LMS": CYPHER LEARNING INC., 4 Embarcadero Center, Suite 1400, San Francisco, CA, 94111, USA; www.matrixlms.eu).

The provisions of this data privacy statement and of the Swiss Data Protection Act are applicable to the transmission of personal data within the GPAG.
1. 6.1 Definitions
  
  The data privacy statement of the GPAG is based on the definitions used by European legislators and regulators in the General Data Protection Regulation (GDPR). Our data privacy statement is intended to be easily read and understood by the public and also by our customers and business partners. In order to guarantee this, we would like first of all to explain the terms used.
  
  The terms used in this data privacy statement include the following:
  1. Personal data. Personal data means any information relating to an identified or identifiable natural person ("data subject"). A natural person is regarded as identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  2. Data subject. A data subject is any identified or identifiable natural person whose personal data are processed by the GPAG.
  3. Processing. Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  4. Restriction of processing. Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
  5. Profiling. Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
  6. Pseudonymization. Pseudonymization means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
  7. Controller. Controller means the natural or legal person, public authority, agency or other body, alone or jointly with others, that determines the purposes and means of the processing of personal data.
  8. Processor. A processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
  9. Recipient. A recipient is a natural or legal person, public authority, agency or other body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
  10. Third party. A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
  11. Consent. Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. 6.2 Name and address of the GPAG
  
  We are happy to receive queries, comments and requests regarding this data privacy statement and our processing of personal data. Please send an email to our Data Protection Officer.
  
  Geistlich Pharma AG
  Bahnhofstrasse 40
  6110 Wolhusen, Switzerland
  Email:DPO@geistlich.com
3. 6.3 Information you give us
  
  This is information about you which you give us by
  - Registering on our LMS
  - Completing forms on our LMS (or other forms which we ask you to complete);
  - Handing over a business card (or similar); or
  - Corresponding with us by telephone, post, email or otherwise.
    
    Such information can for instance include your name, address, email address and telephone number, information about your business relationship with the GPAG, and information about your professional role, background and interests.
4. 6.4 Other information
  
  We can also collect some information from other sources, for example:
  - If we have a business relationship with the organization you represent, your colleagues and other business contacts can give us information about you, such as your contact details or details about your role in the business relationship
  - Sometimes we collect information from third-party suppliers or publicly accessible sources for combating money laundering, carrying out background checks, and similar purposes in order to protect our business and to fulfill our statutory and regulatory obligations.
Cookies

The GPAGs website as well as the GPAG's LMS use cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser. Numerous websites and servers use cookies. Many cookies contain a "cookie ID". A cookie ID is a unique identifier for the cookie and consists of a string of characters by which websites and servers can be allocated to the specific Internet browser in which the cookie is stored. This makes it possible for the websites and servers visited to distinguish the data subject's individual browser from other Internet browsers which contain other cookies. A particular Internet browser can be recognized and identified via the unique cookie ID.

The use of cookies enables the GPAG or its providers (e.g., CYPHER LEARNING INC., 4 Embarcadero Center, Suite 1400, San Francisco, CA, 94111, USA) to provide Users of this LMS with more user-friendly services, which could not be provided without the cookie setting. By means of a cookie, the information and offers on our LMS can be optimized for Users of our LMS. As we have mentioned, cookies enable us to recognize Users of our LMS. The purpose of this recognition is to make it easier for Users to use our LMS. The data subject / the User can at any time prevent the placing of cookies by our LMS, by changing the setting of the Internet browser used, and in this way can permanently refuse the use of cookies. In addition, cookies which have already been placed can at any time be deleted via an Internet browser or other software programs. This can be done in all commonly used Internet browsers. If the User deactivates the placing of cookies in his or her Internet browser, under certain circumstances it may not be possible to make full use of some of the functions on our LMS.
Recording of general data and information

Every time the LMS is accessed by a data subject or an automated system, a series of general data and information is recorded. These general data and information are stored in the server's log files. The data that can be recorded are: (1) the browser types and versions used, (2) the operating system used by the system accessing our LMS, (3) the website from which an accessing system reaches our LMS ("referrer"), (4) the sub-websites which are accessed via an accessing system on our LMS, (5) the date and time when the LMS is accessed, (6) an Internet Protocol address (IP address), (7) the Internet Service Provider of the accessing system and (8) other similar data and information which serve to avert danger in the event of attacks on the IT systems.

When using these general data and information, the GPAG and or its providers do not draw any conclusions regarding the data subject. On the contrary, this information is needed in order to (1) deliver the content of our LMS correctly, (2) optimize the content of our LMS and the advertising for such content, (3) guarantee the permanent functioning capability of our IT systems and the technical aspects of our LMS and (4) in the event of a cyber-attack, provide criminal prosecution authorities with the information necessary for criminal prosecution. These anonymously collected data and information are therefore statistically analyzed by the GPAG and or its providers, on the one hand, and on the other hand are also evaluated with the aim of increasing data protection and data security within our company, ultimately in order to guarantee an optimal level of protection regarding the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
Registration on the GPAG's LMS

The data subject has the possibility of registering on the GPAG's LMS, for which he or she will need to provide personal data. The personal data that are transmitted to the GPAG are indicated on the input screen which is used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the GPAG and for own purposes. The controller can authorize the passing on of the data to one or more processors, for example a package delivery service, which similarly uses the personal data exclusively for internal use in the execution of tasks for the controller.

As a result of the data subject registering on the controller's LMS, the IP address allocated to the data subject by the Internet Service Provider (ISP), and the date and time of registration are also stored. The background reason for storing the data is that we need to do this in order to prevent misuse of our services, and that if necessary the data can be used in the investigation of criminal acts. To that extent the storage of such data is necessary to protect the controller. In principle we do not pass on such data to third parties, unless we have a statutory duty to do so, or it is necessary to do so for the purposes of a criminal investigation.

The registration of the data subject by voluntary provision of personal data enables the controller to offer the data subject content and services which by their nature can only be offered to registered Users. Registered persons have the possibility, at any time, of altering the personal data they have provided in the course of registration, or having the data entirely erased from the controller's database.

The controller will at any time on request provide any data subject with information concerning what personal data are stored regarding him or her. In addition, the controller will rectify or erase personal data at the request or instruction of the data subject, unless any statutory duties of preservation require the controller not to do this. Any employee of the controller can be contacted by the data subject on this matter.
Rights of the data subject

If you would like to exercise any of the following rights, please contact us using the information provided in section 2.

You can also address any complaints concerning our processing of your personal data to the Federal Data Protection and Information Commissioner (EDÖB, www.edoeb.admin.ch).
1. Right to confirmation
  Each data subject has the right, accorded by the European legislators and regulators, to demand confirmation from the controller as to whether personal data relating to him or her are being processed. Any data subject wishing to make use of this right to confirmation can contact an employee of the controller at any time.
2. Right of access
  Each data subject has the right, accorded by the European legislators and regulators, to receive free of charge at any time information concerning the personal data stored concerning him or her, and a copy of this information. In addition, the European legislators and regulators have granted the data subject access to the following information:
  - The purposes of the processing
  - The categories of personal data that are being processed
  - The recipients or categories of recipients to whom the personal data have been disclosed or will be disclosed, in particular recipients in third countries or international organizations
  - Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
  - The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
  - The right to lodge a complaint with a supervisory authority
  - Where the personal data are not collected from the data subject, any available information as to their source.
  - The existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
  - In addition, the data subject has a right to be informed as to whether personal data have been transmitted to a third country or an international organization. If this is the case, the data subject also has the right to be informed of the appropriate safeguards in connection with the transmission of the data.
    
    Any data subject wishing to make use of this right of access can contact an employee of the GPAG at any time.
3. Right to rectification
  
  Each data subject has the right, accorded by the European legislators and regulators, to demand the immediate rectification of inaccurate personal data concerning him or her. In addition, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
  
  Any data subject wishing to make use of this right to rectification can contact an employee of the controller at any time.
4. Right to erasure ("right to be forgotten")
  Each data subject has the right, accorded by the European legislators and regulators, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and the processing of the data is not necessary:
  - The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed
  - The data subject withdraws consent on which the processing was based pursuant to Art. 6 (1) a) GDPR or Art. 9 (2) a) GDPR, and there is no other legal ground for the processing.
  - The data subject objects to the processing pursuant to Art. 21 (1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
  - The personal data have been unlawfully processed.
  - The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  - The personal data have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.
  - If one of the above reasons applies and a data subject would like to authorize the erasure of personal data stored by the controller, the data subject can contact an employee of the controller at any time. The controller's employee will authorize the execution of the erasure request without delay.
    
    If the personal data have been published by the GPAG, and if our company as the controller pursuant to Art. 17 (1) GDPR is obliged to erase the personal data, the GPAG will (taking account of available technology and the cost of implementation) take reasonable steps, including technical measures, to inform other controllers which are processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, provided the processing of the data is not necessary. The GPAG's employee will have the necessary action in the individual case carried out.
5. Right to restriction of processing.
  Each data subject has the right, accorded by the European legislators and regulators, to demand that the controller restrict processing if any of the following preconditions applies:
  - The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  - The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
  - The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
  - The data subject has objected to the processing pursuant to Art. 21 (1) GDPR and it has not yet been verified whether the legitimate grounds of the controller override those of the data subject.
  - If any of the above preconditions is fulfilled and a data subject wishes to obtain the restriction of personal data which are stored by the GPAG, he or she can contact an employee of the controller at any time. The GPAG's employee will authorize the restriction of processing
6. Right to data portability
  Each data subject has the right, accorded by the European legislators and regulators, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. The data subject also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, if the processing is based on consent pursuant to Art. 6 (1) a) GDPR or Art. 9 (2) a) GDPR or on a contract pursuant to Art. 6 (1) b) GDPR and the processing is carried out by automated means, provided the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  
  In addition, in exercising his or her right to data portability pursuant to Art. 20 (1) GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible, and this does not adversely affect the rights and freedoms of others.
  
  To assert his or her right to data portability, the data subject can contact an employee of the controller at any time.
7. Right to object
  
  Each data subject has the right, accorded by the European legislators and regulators, to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her which is based on Art. 6 (1) e) or f) GDPR, including profiling based on those provisions.
  
  In the event of an objection the GPAG will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
  
  If the GPAG processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data for such marketing, and also to profiling to the extent that it is related to such direct marketing. If the data subject issues an objection to the GPAG concerning processing for direct marketing purposes, the GPAG will no longer process the personal data for such purposes.
  
  In addition, the data subject has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out by the GPAG for scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
  
  To exercise the right to object, the data subject can directly contact any employee of the GPAG or another employee. In addition, the data subject has the option, in connection with the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.
8. Automated individual decision-making including profiling.
  Each data subject has the right, accorded by the European legislators and regulators, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and a controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's express consent.
  
  If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and a controller, or (2) is based on the data subject's express consent, the GPAG will take suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. If the data subject wishes to assert rights in regard to automated decisions, he or she can contact an employee of the controller at any time.
9. Right to withdraw consent
  Each data subject has the right, accorded by the European legislators and regulators, at any time to withdraw his or her consent to the processing of personal data.
  If the data subject wishes to assert his or her right to withdraw consent, he or she can contact an employee of the controller at any time.
Legal basis of the processing of personal data

Art. 6 I a) GDPR is used by our company as the legal basis for data processing operations for which we obtain consent for a particular processing purpose. If the processing of personal data is necessary for the performance of a contract in which the contracting party is the data subject (as is the case for example with processing operations which are necessary for the delivery of goods or the provision of another service or consideration), the processing of the personal data in question is based on Art. 6 I b) GDPR. The same applies in regard to processing operations which are necessary for pre-contractual measures, for example in the event of queries relating to our products or services. If our company is subject to a legal obligation which necessitates the processing of personal data, for example for the performance of tax-related duties, the processing of the data is based on Art. 6 I c) GDPR. In rare cases the processing of personal data may become necessary in order to protect vital interests of the data subject or another natural person. For example, this would apply in the event of any injury to a visitor to our premises, in which case his or her name, age, health insurance details and other vital information would then have to be passed on to a doctor or a hospital or other third party. The processing of the data would then be based on Art. 6 I d) GDPR. Finally, processing operations could be based on Art. 6 I f) GDPR. This is the legal basis for processing operations which are not covered by any of the above legal bases, where the processing is necessary to safeguard the legitimate interests of our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. In particular, we are permitted to carry out such processing operations because they have been specifically mentioned by the European legislators, who have taken the view that a legitimate interest can be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).
Legitimate interests pursued by the GPAG or a third party

Where the processing of personal data is based on Article 6 I f) GDPR, our legitimate interest is the execution of our business activity, for the benefit of all of our employees and our shareholders.
Statutory or contractual requirements for the provision of personal data; necessity for the purpose of the conclusion of a contract; obligation of the data subject to provide personal data; possible consequences of not providing personal data

We would inform you that in some cases the provision of personal data is required by law (e.g. by tax regulations) or can arise from contractual regulations (e.g. information concerning the contracting partner). Sometimes it may be necessary, for the conclusion of a contract, for a data subject to provide us with personal data which will subsequently have to be processed by us. For example, the data subject must provide us with personal data if our company is concluding a contract with him or her. The consequence of not providing personal data would be that no contract could be concluded with the data subject. Prior to any provision of personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject, on the basis of the individual case, whether the provision of the personal data is a statutory or contractual requirement, or is necessary for the conclusion of the contract, and whether there is any obligation to provide the personal data, and what the consequences of not providing the personal data would be.
Existence of an automated decision-making process

As a company with an awareness of its responsibilities, the GPAG does not undertake any automated decision-making or profiling.
Intellectual property, logos and trademarks

The information and contributions posted on the LMS are protected by copyright. The User is entitled to use this information for own and personal purposes. If the User is granted the right to copy anything from the LMS, this does not create or imply any contractual or extra contractual liability on the part of the GPAG or any of its contractors or other members of the platform. All content on the LMS, including designs, text, graphics, pictures, videos, animations, audio tracks, animations, information, applications, software, and other files, and their selection and arrangement are the proprietary property of the GPAG, its technical contractors, its consultants (e.g. content providers to learning modules), or its Users (e.g. content provider) with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the GPAG's prior written permission. Provided that the User is eligible for use of the LMS or part thereof, he or she is granted a limited license to access and use the LMS and to download or print a copy of a portion of the LMS content to which he has properly gained access solely for personal, non-commercial use, provided that he keeps all copyright or other proprietary notices intact. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the LMS or the LMS content other than as specifically authorized herein, without the prior written permission of the GPAG, is strictly prohibited and will terminate the license granted herein. Any of the trademarks, service marks, collective marks, design rights, personality rights or similar rights that are mentioned, used or cited on the LMS are the property of their respective owners. The User of the LMS is not permitted to reproduce, alter, or use any copyrighted or trademarked material in any way without the express permission of their respective owners. Commercial use, copying and distribution of any part of the content of the LMS or its project section is not permitted without specific, written prior permission from the GPAG. The GPAG respects the intellectual property rights of others and prohibits Users from uploading, posting or otherwise transmitting on the LMS any materials that violate another party's intellectual property rights in accordance with the Digital Millennium Copyright Act in the USA, the European Union Copyright Directive and applicable Swiss laws and regulations. The GPAG does not assert any ownership over a User's content posted on the LMS. Rather, the User retains full ownership of all his content posted on the LMS and any intellectual property rights or other proprietary rights associated with his content.
Disclaimer of liability

THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE GPAG MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED ON THIS SITE WILL BE TIMELY OR ERROR-FREE. THE GPAG DOES NOT WARRANT THAT THE LMS AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE LMS OR THE MATERIAL ON THE LMS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE GPAG IS NOT RESPONSIBLE FOR THOSE COSTS.

The LMS is not a substitution or equal to information obtained in real meeting with healthcare professionals.

The User agrees to defend, indemnify, and hold harmless the GPAG, its officers, managers and employees and agents or contractors, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from the User use of the LMS or the User breach of the terms of these Terms of Use. In case of a dispute between users on the LMS, every User is solely responsible for his interaction with other Users of the platform.
Disclaimer for third party content

Links on the LMS aim to provide a guide to relevant or related LMSs including those of societies, associations, regulatory bodies, disease management, and scientific organizations. Links are provided as a convenience to the User. The GPAG does not endorse the content presented on these LMSs. While the GPAG takes every effort to link to reliable and relevant LMSs from third parties, it cannot guarantee their existence, or the type of content made visible at the time of entry into these sites. The User will link to these sites at own risk. The GPAG does not assure the availability, accuracy or reliability of any third-party website.

THE GPAG HAS NOT REVIEWED ALL THE SITES THAT MAY BE LINKED TO ITS SITES AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO ITS LMS. YOUR LINKING TO SUCH SITES IS AT YOUR OWN RISK.
Miscellaneous
1. 18.1 Modifications
  
  The GPAG reserves the right to modify these terms and conditions of use without prior notice or special notification to the user.
2. 18.2 Duration and termination
  
  The GPAG reserves the right, at its sole discretion, to immediately terminate the user's registration or ability to access the LMS and/or other services provided to him by the GPAG, upon any breach of these terms of use.
3. 18.3 Jurisdiction and governing law
  
  Any dispute arising from the use of the LMS or in connection with these terms of use shall exclusively be referred to the courts for the canton of Zurich, Switzerland. These terms of use shall in all respects be governed by, and construed in accordance with, the substantive laws of Switzerland, to the exclusion of conflict of law principles and the UN Convention on the international sale of goods (CISG).

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Terms Of Use