The JAMA Network™ is a consortium of peer-reviewed print and online medical publications that includes JAMA® and 9 specialty Archives Journals.
All access to and use of The JAMA Network™ platform and websites or portal are conditioned on compliance with the following terms and conditions.
Revised: May 14, 2012
- The editorial content of JAMA®, the Journal of the American Medical Association, and the Archives Journals (hereinafter referred to as the "material" or the JAMA Network Publications) appearing on this site is copyrighted by American Medical Association (AMA) which reserves all rights therein.
- No part of the material may be used in any form of commercial exploitation, including but not limited to, print or broadcast media, and no subscriber or user may publish as its own any material contained on this site. User may not use or post the material on a public computer based information system, including any electronic bulletin board available to the public, including the Internet or World Wide Web, other than for gaining access to the material from the AMA.
- Individuals using this site may reproduce or store print copies of journal articles for their personal, noncommercial use. Uses beyond those allowed by the "Fair Use" limitations (sections 107 and 108) of the US Copyright law require permission of the AMA.
- Libraries are permitted to supply single copies of articles from JAMA and the Archives Journals to authorized users of another library solely by post or facsimile, but not via digital transmission, for the purposes of private but not for commercial use.
- AMA disclaims any liability to any party for the accuracy, completeness or availability of the material or for any damages arising out of the use or non-use of any of the material and any information contained therein.
- US Government Rights: This Service includes AMA journal and other materials which are commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable which were developed exclusively at private expense by the American Medical Association, 515 North State Street, Chicago, Illinois 60654. US Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015 (b)(2) (June 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable for U.S. Department of Defense procurements and the limited rights restriction of FAR 52.227-14 (June 1987), and/or subject to the restricted rights provisions of FAR 52.227-14 (June 1987) and FAR 52.227-19 (June 1987), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.
- The AMA reserves the right to modify the Conditions of Use in its sole discretion and to deny access to anyone who breaches these Conditions. Accessing or use of the materials following the posting of any such modifications shall be subject to such modified Conditions.
- This Agreement may not be assigned. This Agreement shall be interpreted and construed in accordance with and shall be governed by the laws of the United States of America and the internal laws of the State of Illinois without reference to choice of law provisions and by the English language as it is used in the United States.
Any controversy arising out of or relating to this Agreement shall be arbitrated by the American Arbitration Association under its appropriate procedures in Chicago, Illinois, by a single arbitrator whose award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction over any action concerning the enforcement of an arbitration award and the parties hereto agree to submit to the jurisdiction of the courts of the State of Illinois and the United States District Court for the Northern District of Illinois. In the case of public institutions, nothing herein shall be construed to alter or waive the application of state statutes conditioning contracts of such institutions. If any provision hereof is held to be unenforceable or contrary to public policy, the parties agree that the remaining portions are enforceable.
1. Definitions. "The JAMA Network" includes JAMA®, The Journal of the American Medical Association, and the family of medical specialty journals known as the Archives Journals or JAMA Network Publications, all published by the AMA.
"The JAMA Network™ platform and websites" or “JAMA Network portal” include the various components referred to above including all journal content products, services, features, functionalities, content related sites, and other information accessible through the JAMA Network portal [whether provided by the AMA or any third party].
Related sites include JAMA on Facebook, JAMA on Twitter, Calendar of Events, JAMA and Archives CME, For The Media, JAMAevidence, AMA Manual of Style, JAMA Career Center, ICMJE, WAME.
"You" or "Your" means any individual or institution authorized to access the JAMA Network content, platform and websites (collectively the “JN portal”).
"AMA" means the American Medical Association and any of its subsidiaries or affiliates and their personnel, agents and representatives. "AMA Parties" means, collectively, the AMA and its editorial and publishing departments, plus its suppliers, advertisers, promotional partners, licensors, Silverchair Information Services, Inc. and/or other parties directly engaged in the delivery of the components, products, services, features or functionalities or content of The JAMA Network portal.
4. License and Use Restrictions. Components, products, services, features, functionalities or content accessible through the JN portal may contain limitations [e.g., restrictions on the number of users or type of user] on Your use. AMA and/or its authorized representative(s), shall have the right to audit and inspect Your use to verify Your compliance with any such limitations. If Your use is non-conforming, You shall immediately conform to such limitations or pay any amounts then due and owing for such non-conforming use, at AMA's option. AMA reserves the right to terminate your access to the JN portal and/or the Services in the event of non-conforming use.
To ensure that each authorized user can enjoy the JN portal, You shall not (a) provide, disclose, divulge or make available to or permit use of the JN portal to or by anyone who is not also an authorized user; (b) copy or reproduce any part of the JN portal including its components, products, services, features, functionalities or content; (c) interfere, or attempt to interfere, with the JN portal in any way; (d) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the JN portal or its components, products, services, features, functionalities or content or discover or attempt to discover the source code of all or any portion of the JN portal in any way for any reason; (e) engage in spamming, mail bombing, spoofing or any other fraudulent, illegal or unauthorized use of the JN portal or the AMA Parties' systems; (f) introduce into or transmit through the JN portal or any licensor system any virus, worm, trap door, back door, timer, clock, counter or other limiting routine, instruction or design; (g) attempt to create a link from the JN portal; (h) copy or create any frames at any other websites pertaining to or using any of the content or information accessible through the JN portal; or (i) copy, remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels located on the JN portal.
You warrant You will abide by all applicable local, state, national and international laws and regulations with respect to Your use of The JAMA Network™ portal. Your use must respect the proprietary rights [including copyright, trademark, service mark, trade dress, trade name, logo, brand or other distinctive identification or patent or trade secret] of AMA and any third party whose information or content is accessed via the JN portal. Any use of such proprietary information or content, apart from Your permitted use of the JN portal without the express prior written consent of the owner thereof, is prohibited.
The JN portal enables access to third party provided information and content [including, software, products and/or services and links to third party websites and/or downloads of third party material]. As noted above, third party provided information and content [including materials available on or through third party websites] may be proprietary in nature and protected by proprietary rights.
You are responsible for preserving the privacy and security of Protected Health Information of Your patients as required by applicable laws and regulations including, without limitation, the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA").
6. User-Generated Content. The following provisions apply to user-generated content submitted to any JAMA Network Publication, to the news@JAMA blog or to the JN portal in connection with the material and services. By submitting content You affirm Your acceptance of and compliance with the following provisions, which may be amended from time to time:
A. You acknowledge that You alone are fully responsible for the content that You submit. You agree that You will not post or submit any content that (i) is false, defamatory, obscene, or abusive, (ii) violates or infringes upon the proprietary, privacy or publicity rights of any person or 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 or about another (especially Protected Health Information), unless it is necessary, relevant and You possess and provide to our editors a duly executed Patient Consent for Publication Form. You will indemnify AMA from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the content You submit. You understand and agree that AMA is not responsible for content submitted by third parties.
B. The editors of JAMA and the JAMA Network Publications, in their sole discretion, reserve the right to reject, edit, remove, or otherwise alter any content submitted for any reason, or no reason at all. AMA reserves the right, in its sole discretion, to revoke a user’s privilege to submit content.
C. You agree that by submitting content, You hereby grant to AMA a perpetual, irrevocable, royalty-free worldwide license to use, reproduce, sublicense, modify, retrieve, display, translate, publicly perform, create derivative works from, and distribute that material, in whole or in part, and incorporate it into other AMA publications and services, in any form, media, or technology now known or later developed. You authorize AMA to publish Your name, affiliation and location (city, state and/or country) and email address in connection with any use of Your submission and in identifying yourself and location, You represent that you have done so accurately. Once Your submission is posted, You forfeit the right to have it removed or edited.
D. You agree to post or submit content and comments only for non-commercial purposes.
E. Submissions to the user-generated content portions of the JN portal Services must be legible, comprehensible, and written in the English language, and be relevant to the article, issue or topic that allegedly prompted You to submit.
Medical Disclaimer. The JN portal is intended to facilitate academic and clinical research and the delivery of patient care by licensed physicians and other appropriately qualified healthcare professionals. Use of the JN portal does not substitute for professional medical advice, diagnosis, or treatment. Neither AMA nor any of the AMA Parties shall be responsible, and each expressly disclaims responsibility, for damages of any kind arising out of the use of, reference to, or reliance on, the JN portal.
7. Warranties Disclaimed. THE JN PORTAL AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY PROVIDED BY A THIRD PARTY WITH REGARD TO ITS PRODUCTS AND/OR SERVICES, NEITHER AMA NOR ANY OF THE AMA PARTIES PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT: (a) THE JN PORTAL, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (b) ACCESS TO THE JN PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE JN PORTAL WILL MEET YOUR EXPECTATIONS; OR (d) THE JN PORTAL OR ITS COMPONENTS OR PRODUCTS, SERVICES, FEATURES, FUNCTIONALITIES OR CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE JN PORTAL. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY.
8. Limitation of Liability. THE AMA PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING: (a) OUT OF THE USE OF OR INABILITY TO USE THE JN PORTAL OR THE SERVICES; (b) FROM ANY INTERRUPTION IN AVAILABILITY; (c) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (d) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE JN PORTAL OR THE SERVICES; (f) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE JN PORTAL; (g) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY YOU OR PROVIDED BY OR ADVERTISED ON ANY THIRD PARTY PORTAL; OR (h) OUT OF ANY OTHER MATTER RELATING TO THE JN PORTAL OR THE SERVICES.
9. Exclusions Permitted by Law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY.
13. Statute of Limitations. Any Claim arising out of or related to Your use of the JN portal or the Services must be filed by You within one (1) year after such Claim arose.
Revised May 14, 2012