PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE MEDFORUM FORUM OR THE MATERIALS.
Welcome to MedForum, a program of Medical Education Network Canada Inc., 132 chemin de l’Anse, Vaudreuil, Quebec, J7V 8P3 (“Mednet”).
This is a binding agreement (“Agreement”) between Mednet/MedForum and you (“You” or “Your”). This Agreement governs Your use of the MedForum forum website (the “Site” or “Sites”), including, without limitation, all content such as text, information, images, software and other information, services and materials (collectively, the “Materials”) and all information made available to You or by You through this Site by Mednet/MedForum and/or by third parties.
1. ABOUT MEDNET AND MEDFORUM
Mednet is an independent medical news reporting service providing educational updates reflecting peer opinion from accredited scientific medical meetings worldwide and/or published peer-reviewed medical literature. Distribution of educational reports are made possible through the support of industry (“Sponsors”) under written agreement that ensures independence. Views expressed are those of the participants and do not necessarily reflect those of Mednet/MedForum or the Sponsor. No claims or endorsements are made for any products, uses or doses. Specific medicines or treatment strategies discussed in this publication may not yet be approved in Canada. Prior to prescribing any medication, the complete prescribing information in Canada, including indications, contraindications, warnings, precautions and adverse effects, should be consulted. Information provided in Mednet reports are not intended to serve as the sole basis for individual care.
2. VERIFICATION OF MATERIALS
The purpose of the Site is to facilitate a free and open exchange of knowledge between users. As such, it is Your responsibility to weigh and independently verify the accuracy of the information provided on or through the Site. Mednet and MedForum will not be responsible for verifying the accuracy of the information provided on or through the Site. Persons accessing this information assume full responsibility for the use of the information and agree that Mednet, MedForum and the Sponsors are not responsible or liable for any claim, loss, or damage arising from the use of the information. Your reliance upon the Materials obtained or used by You is solely at Your own risk.
3. 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 and MedForum 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, MedForum, and Sponsors are not responsible or liable for any claim, loss, or damage arising from the use of the information. Mednet, MedForum and Sponsors do 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.
4. PATIENT DATA AND LEGAL COMPLIANCE
The Site is not intended for the transmission, storing, review or receipt of confidential patient information (“Patient Information”) and You are not permitted to communicate patient identifying information on or through the Site. However, if you upload such Patient Information to the Site, the following terms apply. Applicable laws, as well as ethical and licensure requirements of Your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain Materials or to transmit certain information to third parties. 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, and use Your best efforts to cause all persons or entities under Your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, 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 You transmit, store, or receive in connection with the Site, the Materials and any third party site.
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 (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO MEDFORUM) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
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. 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.
6. OWNERSHIP OF MATERIALS
All Materials are provided by Mednet or MedForum unless indicated otherwise. All intellectual property rights in the Materials (including copyrights, trademarks, trade secrets and patents) are the property of Mednet or MedForum unless indicated otherwise. Mednet or MedForum retains all copyrights in the individual pages, and their components, and collective works available at the Site. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without Mednet or MedForum’s prior written permission.
7. USE LICENSE
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 or MedForum policies. You agree to prevent any unauthorized copying of the Materials or information.
8. TERMINATION OF THIS USE LICENSE
Mednet or MedForum 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.
This Site is intended by Mednet and MedForum to require a valid, working e-mail address and password to access and use the Materials on the Site. Certain other Materials or functionalities on the Site may require additional access codes. 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 Your failure to maintain the strict confidentiality of Your ID, and (4) promptly informing Mednet or MedForum in writing of any need to deactivate an ID due to potential or actual security concerns. Mednet and MedForum are 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 or MedForum in writing of any unauthorized use of Your ID.
10. 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 OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL MEDNET OR MEDFORUM, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS 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 (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT AND MATERIALS OR THE SITE, OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) INFORMATION COMMUNICATED THROUGH Q&A, CHAT ROOMS OR MESSAGE BOARDS, (5) THE COMPLIANCE WITH ANY LAW, RULE, REGULATION, LAW ENFORCEMENT, GOVERNMENT OFFICIALS OR LEGAL AUTHORITY OR THE LIKE, OR (6) ANY OTHER FAILURE TO PERFORM BY MEDNET OR MEDFORUM’S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER MEDNET OR MEDFORUM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEDNET AND MEDFORUM ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. Mednet, MedForum 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 and MedForum may make changes to these Materials, or to the services and/or products described therein, at any time without notice. Mednet and MedForum make no commitment to update the Materials. Any description of Materials is not a representation that any such Materials are available for sale or distribution in Your location.
11. LIMITATION OF LIABILITY
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, MEDNET OR MEDFORUM SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND MEDNET/MEDFORUM AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $50.00. YOU AND MEDNET/MEDFORUM AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND MEDNET/MEDFORUM. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, MEDNET AND MEDFORUM WOULD NOT PROVIDE THE SITE OR MATERIALS TO YOU.
You agree to defend, indemnify and hold Mednet, MedForum, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Mednet and MedForum’s reasonable legal 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.
13. USER SUBMISSIONS
Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or post to the Site or third party site will be considered non-confidential and non-proprietary (“Communications”). Mednet and MedForum will have no obligations with respect to the Communications.
Mednet and MedForum hereby grant You a non-exclusive, non-transferable license to re-use or republish your own contributions made to the 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 MedForum members. Mednet, MedForum and its designees will be free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. You are prohibited from posting or transmitting to or from this Site any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Mednet/MedForum hereby notify You that any or all Communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Mednet/MedForum in its sole discretion and without further notice. You are reminded that Mednet and MedForum do not collect personal health information about individuals. To submit a post, You must provide and upload information to the MedForum server. Within Your uploaded submission, Mednet and MedForum do not collect or maintain information that would associate this submission with a specific patient or individual. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy rule, which took effect on April 14, 2003, allows for the use of de-identified health information so long as identifiers have been “stripped” and a key is not disclosed that would allow the information to be re-identified. Mednet and MedForum do not possess a key to re-identify patient data.
Once a registered participant, You may provide additional information in Your personal profile. Your personal profile shall be available for viewing by other registered participants of MedForum and will be considered non-confidential and non-proprietary. Providing additional information in Your personal profile beyond what is required at registration is entirely optional and can be altered or removed by You at any time.
14. COOPERATION WITH GOVERNMENT AUTHORITIES
Mednet and MedForum will comply with all local, provincial, national and/or worldwide all laws, rules, regulations, law enforcement, government officials, legal authority or the like.
15. LINKS TO OTHER MATERIALS
The linked sites are not necessarily under the control of Mednet and MedForum, and Mednet and MedForum are not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. Mednet and MedForum reserve the right to terminate any link or linking program at any time. Mednet and MedForum have selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Mednet and MedForum shall not be responsible for notification of any change in name or location of any information of the Site. Mednet/MedForum reserves the right to request any web site administrator to disable or remove any link that violates any rights of Mednet and MedForum or causes interruption or deterioration of Materials provided by Mednet and MedForum. Failure to abide by this request shall be dealt with as provided in this section.
16. APPLICABLE LAWS
This Site is controlled by Mednet and MedForum from its offices within the Province of Quebec, Canada. Mednet and MedForum make no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the Materials shall be governed by the internal substantive laws of the Province of Quebec.
17. DISPUTE RESOLUTION
Any dispute between Mednet/MedForum and You arising out of this Agreement shall be resolved first by direct communication with one or more of Mednet/MedForum’s management team members. Should Mednet/MedForum and You be unable to resolve the dispute by communication and both You and Mednet/MedForum jointly agree to do so, Mednet/MedForum or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration nearest the place of Mednet/MedForum’s headquarters and pursuant to Quebec law. The arbitrator shall fully implement the intent and purposes of this Agreement. The party found liable shall indemnify the other party for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys’ fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
18. ENTIRE AGREEMENT
This Agreement, including any other Mednet or MedForum policy which is incorporated herein by this reference, contains the entire agreement between You and Mednet/MedForum relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by You relating to the subject matter hereof, or (2) statements of any of Mednet or MedForum’s employees.
Your right to access and use the Site and Materials immediately terminates without further notice upon Your breach of this Agreement. Mednet/MedForum may terminate this Agreement and/or Your right to use the Site and Materials at any time, with or without cause. Sections 5 (Ownership of Materials), 8 (Security), 4 (Representation), 3 (Patient Data and Legal Compliance), 9 (General Disclaimers), 10 (Limitation of Liability), 11 (Indemnity), 12 (User Submissions), 13 (Cooperation with Government Authorities), 14 (Links to Other Materials), 15 (Applicable Laws), 16 (Dispute Resolution), 17 (Entire Agreement), 18 (Termination), 21 (Force Majeure) and 25 (General) of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. Mednet and MedForum reserve the right to discontinue or make changes to the Site and/or Materials at any time.
Mednet/MedForum may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without Mednet/MedForum’s prior written permission. Any attempt by You to assign Your rights under this Agreement without Mednet/MedForum’s permission shall be void.
21. 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. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
22. FORCE MAJEURE
Mednet and MedForum shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by Mednet or MedForum 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 and MedForum’s control.
Mednet/MedForum may deliver notice to You under this Agreement by means of electronic mail or a general notice on the Site. You may give notice to Mednet/MedForum at any time via electronic mail to email@example.com or by letter delivered by first class postage prepaid mail or overnight courier to the following address:
Medical Education Network Canada, Inc.
132 Chemin de l’Anse
Vaudreuil, Quebec J7V 8P3
Attn: Mednet Legal Department
If You object to any material found on this Site, please bring Your concerns to the attention of firstname.lastname@example.org. The Site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
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.
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 because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.
Mednet and MedForum reserve the right to make changes to this Agreement at any time without advance notice. Mednet and MedForum agree 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. You understand and agree that if you use the Mednet and MedForum services or access the Site after the date on which the amendment has been posted, You consent to such amendment.