Terms of Service

1. Ownership of Materials

All Materials are provided by Mednet unless indicated otherwise. All intellectual property rights in the Materials (including copyrights, trademarks, trade secrets and patents) are the property of Mednet unless indicated otherwise. Mednet retains all copyrights in the individual pages, and their components, and collective works available at the Site. The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without Mednet's prior written permission.

2. Use License

The Materials are only for your own personal use, and you may not share any of the Materials with any third party. Any unauthorized use of any Materials or information at this Site may violate patent, copyright, trademark, and other laws. Any use of this Site or the Materials shall be considered a limited use license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble or make derivative works of the Materials; (c) remove any confidentiality, privacy, patent, copyright, trademark or other proprietary notices from the Materials; (d) transfer the Materials to another person or entity in manners inconsistent with this Agreement and current Mednet policies. You agree to prevent any unauthorized copying of the Materials or information.

3. Termination of This Use License

Mednet may terminate this use license at any time if You are in breach of the terms of this Agreement. Upon termination, You will immediately destroy any Materials in your possession, if any, and cease use of the Site.

4. Conditions of Use and Terms

To use any Materials, You must be, and remain at all times while you are using the Site, (a) a currently licensed physician in the US, (b) a registered participant of Mednet.org, and (c) a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States").

5. Security

This Site is intended by Mednet to require a valid, working e-mail address and password to access and use the Materials on the Site. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords and codes (collectively, "ID(s)") assigned to you, (2) not allowing another person to use your IDs to access the Site, (3) any damages or losses that may be incurred or suffered as a result of You or Your failure to maintain the strict confidentiality of Your ID, and (4) promptly informing Mednet in writing of any need to deactivate an ID due to potential or actual security concerns. Mednet is not liable for any harm related to the theft of Your ID, Your disclosure of Your ID, or Your authorization to allow another person or entity to access and use the Site using Your ID. You agree to immediately notify Mednet in writing of any unauthorized use of Your ID.

6. Medical Disclaimers

The Materials available are for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Mednet or You are not permitted to advise, diagnose, or otherwise treat users of this Site. Neither the content nor any other service offered by or through this Site is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that Mednet is not responsible or liable for any claim, loss, or damage arising from the use of the information. Mednet does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on the Site. Your reliance upon the Materials obtained or used by You is solely at Your own risk.

7. Representation

As a user of this Site, You are liable for the accuracy of the information that You provide to us, including, but not limited to, Your personal and professional representation as provided in Section 4. You hereby certify that You are not a paid consultant or have any other financial interests in the information you provide to this Site, including, but not limited to, the promotion of "off-label" drug uses, the disclosure of confidential clinical trial or other proprietary information.

8. Patient Data and Legal Compliance

The Site is not intended for the transmission, storing, review or receipt of confidential patient information ("Patient Information"). However, if you upload such Patient Information to the Site, You represent and warrant that You will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information. You are, at all times, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information.

WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE OR THE MATERIALS. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.

9. General Disclaimers

THE MATERIALS AND THE SITE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THEMEDNET, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE MATERIALS, RELIANCE ON THE CONTENT AND MATERIALS OR THE SITE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY THEMEDNET.

Mednet and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. Mednet may make changes to these Materials, or to the services and/or products described therein, at any time without notice.

10. Limitation of Liability

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, THEMEDNET SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND THEMEDNET AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $50.00. YOU AND THEMEDNET AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND THEMEDNET.

11. Indemnity

You agree to defend, indemnify and hold Mednet, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Mednet's reasonable attorneys' fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site or the Materials, and (3) the unauthorized or unlawful use of the Site by any other person using Your ID.

12. User Submissions

Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or post to the Site ("Communications") will be considered non-confidential and non-proprietary. All Communications become the sole property of Mednet on transmission or posting to the Site. Mednet hereby grants You a non-exclusive, non-transferable license to re-use or republish your own contributions made to the Mednet Site in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license is restricted to Your own contributions and does not grant You rights to republish the contributions or postings of other Mednet members.

13. Cooperation with Government Authorities

If necessary and in accordance with applicable law, Mednet will comply with local, state, federal, international and/or worldwide with all laws, rules, regulations, law enforcement, government officials, legal authority or the like.

14. Links to Other Materials

Any sites linked from Mednet are not necessarily under the control of Mednet and Mednet is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. Mednet reserves the right to terminate any link or linking program at any time. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk.

15. Dispute Resolution

Any dispute between Mednet and You arising out of this Agreement shall be resolved first by direct communication with one or more of Mednet's management team members. Should Mednet and You be unable to resolve the dispute by communication and both You and Mednet jointly agree to do so, Mednet or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of Mednet's headquarters and pursuant to New York law.

16. Entire Agreement

This Agreement, including the Privacy Policy, and any other Mednet policy which is incorporated herein by this reference, contains the entire agreement between You and Mednet relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto.

17. Termination

Your right to access and use the Site and Materials immediately terminates without further notice upon Your breach of this Agreement. Mednet may terminate this Agreement and/or Your right to use the Site and Materials at any time, with or without cause. Mednet reserves the right to discontinue or make changes to the Site and/or Materials at any time.

18. Assignment

Mednet may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without Mednet's prior written permission. Any attempt by You to assign Your rights under this Agreement without Mednet's permission shall be void.

19. Waiver of Breach

Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement.

20. Force Majeure

Mednet shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by Mednet to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Mednet's control.

21. Notice

Mednet may deliver notice to You under this Agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to Your address on record in Mednet's account information. You may give notice to Mednet at any time via electronic mail to info@Mednet.org.

22. Headings

The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

23. Invalidity

If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.

24. General

Mednet reserves the right to make changes to this Agreement at any time without advance notice. Mednet agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement.