NetworksMD Participant Terms and Conditions

 

NOTE: THESE TERMS AND CONDITIONS REPRESENT A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS PLEASE DO NOT USE THE SITE.

 

 

Please read these participant terms and conditions of use ("Terms") carefully before using the services offered by NetworksMD Private Limited (currently known as Thoughtmix Private Limited) (“NetworksMD”). These Terms set forth the legally binding terms and conditions for your ("You" or "Your" or "Participant") use of the www.networksmd.com website and domain name ("Site"), and any other features, content, or applications offered from time to time by NetworksMD in connection therewith (collectively, the "Service"). For clarity, these Terms apply to all Participants of the Service, including Participants who are also contributors of Content (as defined below) on the Site.

 

 

By using the Service in any manner, including but not limited to visiting or browsing the Site, You accept without modification of all of the Terms and all other operating rules, policies and procedures that may be published from time to time on the Site by NetworksMD. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by NetworksMD from time to time; Your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

 

 

The Service is intended for use only by adults who are physicians, physician assistants, or nurse practitioners (collectively, "Clinicians"). You represent and warrant that:

 

  • You are a Clinician,
  • all registration information You submit is accurate and truthful, and
  • Your use of the Service does not violate any applicable law or regulation.

  • NetworksMD may, in its sole discretion, refuse to offer the Service to any person and change its eligibility criteria at any time.

     

     

    As a condition to using the Service, You will be required to register with NetworksMD using Your email address, Medical School and graduation date, Practice location, and password chosen by You (collectively, Your "NetworksMD Participant ID"). You shall provide NetworksMD with accurate, complete, and updated registration information.

     

    You are solely responsible for all activity that occurs under Your NetworksMD Participant ID and shall be responsible for maintaining the confidentiality of Your password. You shall never use another Participant’s account or allow any third party to use Yours. You will immediately notify NetworksMD in writing of any unauthorized use of Your account, or other account related security breach of which You are aware.

     

    Notwithstanding the above, if a third party, such as your employer or school, gave you a NetworksMD Participant ID under an agreement with NetworksMD, such third party may reset, suspend, terminate or impose restrictions on your NetworksMD Participant ID as well as view your account’s usage and profile data, including how and when your account is used.

     

    You grant us and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use Your NetworksMD Participant ID and related registration information in connection with the operation of the Service. NetworksMD reserves the right to refuse registration of, or cancel a NetworksMD Participant ID in its sole discretion.

     

     

    On the condition that you comply with these Terms, NetworksMD grants you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicenseable right to access the Service. NetworksMD reserves all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Service.

     

     

    The term "Content" includes, without limitation, any tools, services, advertisements, advice, suggestions, videos, images, audio clips, written forum comments, information, data, patient information and data, text, photographs, software, scripts, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code, design, layout and interactive features generated, provided, or otherwise made accessible by NetworksMD, its content providers, partners, or Participants on or through the Service including all Participant Submissions (as defined below).

     

    You agree that the Service contains Content specifically provided by NetworksMD or its partners, and that as between the parties such Content (except for Participant Submissions provided by You) is the property of NetworksMD and is protected under Singapore and international intellectual property laws, including copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any such Content. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, display in frames, link to, or otherwise commercially exploit any Content or other proprietary rights not owned by You unless:

     

     

     

    You may print or download Content from the Site for Your own personal, non-commercial, informational or scholarly use, provided that You keep intact all copyright and other proprietary notices.

     

    NetworksMD reserves the right to remove any Content from the Service at any time, 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 NetworksMD is concerned that You may have violated the Terms), or for no reason at all.

     

     

    The Site provides You with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "Post” or “Posting") Content or other information to the Site (the "Participant Submissions") for your own purposes or to be shared for review by Permissioned registered users of the Site.

     

    You own all rights, title and interests in all Participant Submissions provided by You, except any Content of your Participant Submissions sourced from a patient, in which case such Content will belong to that patient.

     

    Your Participant Submissions are confidential unless shared with other Participants at your discretion.

     

    By Posting Participant Submissions on or through the Service:

     

     

     

     

     

     

     

     

    NetworksMD does not endorse any Participant Submissions. NetworksMD has the right, but not the obligation, to monitor the Site, Service, Content, or Participant Submissions. NetworksMD may remove any Participant Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Participant Submission), or for no reason at all. NetworksMD will consider requests to remove Participant Submissions on a case-by-case basis once the Participant contacts us.

     

    Under no circumstances will NetworksMD be liable in any way for any Participant Submissions, including, but not limited to, any errors or omissions in any Participant Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Participant Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service.

     

     

     

    State and federal laws in Your Practice jurisdiction, as well as ethical requirements of Your profession may impose obligations with respect to patient confidentiality that may limit the ability of Clinicians to transmit certain information through the Site. It is the sole responsibility of the Participant to comply with state and federal laws, as well as institutional and professional guidelines with respect to patient confidentiality. The Participant is, 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 patient data.

     

    NetworksMD cannot and does not assume any responsibility for the use or misuse of patient data or other information transmitted, monitored, stored, or received by the Participant while using the Service. We reserve the right to amend or delete any Content (including any Participant Submission) in our sole discretion.

     

     

    As a condition of use, You promise not to use the Service for any purpose that is prohibited by the Terms. You are responsible for all of Your activity in connection with the Service.

     

    By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action, or  Post, download or otherwise distribute or facilitate distribution of any Content, on or through the Service, that:

     

     

     

     

     

     

     

     

     

    Additionally, You shall not (directly or indirectly):

     

     

     

     

     

     

     

     

     

     

     

    The Site may permit You to link to other websites or resources on the Internet. When You access a third party website, You do so at Your own risk. These other websites are not under NetworksMD's control, and You acknowledge that NetworksMD is not responsible or liable for the content, functions, accuracy, legality, appropriateness, copyright compliance or any other aspect of such website or resources, or for any damage or loss caused or alleged to be caused by Your use of or reliance on any content, goods or services available on or through any such website or resource. The inclusion of any such link does not imply endorsement by NetworksMD or any association with its operators. NetworksMD recommends that You should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.

     

     

     

    The Content available through the Service is for informational and educational purposes only and is not an alternative to physical examination or a substitute for the professional judgment of a Clinician in diagnosing and treating patients on an individual basis. You are expected to use Your own professional judgment when utilizing Content found on the Site. We encourage You not to advise, diagnose, or otherwise treat patients solely by use of this Site. No suggested test or procedure should be carried out unless, in the provider's judgment, its use is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses, indications and drug dosages should be made. Discussions, views, and recommendations as to medical or health care procedures, methods, products, choice of drugs, and drug dosages are the responsibility of the authors.

     

    The Participant accessing the Site assumes full responsibility for any use of the Content and agrees that NetworksMD, its partners, associates, and any other providers of Content are not responsible or liable for any claim, loss, or damage arising from the use of the information. No professional fee has been charged by or paid to NetworksMD and NetworksMD 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 use of the service is solely at your own risk. The Service (including, without limitation, any content) is provided "as is" and "as available" and is without warranty of any kind, and to the fullest extent permitted by law, NetworksMD hereby disclaims all warranties, express, implied, statutory or otherwise, whether oral or written, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.

     

    NetworksMD has no special relationship with or fiduciary duty to You. You acknowledge that NetworksMD has no control over, and no duty to take any action regarding:

     

     

     

     

     

     

    Without limiting the foregoing, NetworksMD and its directors, employees, agents, suppliers, partners and Content providers do not warrant that:

     

     

     

     

     

     

     

    You shall defend, indemnify, and hold harmless NetworksMD, its employees, contractors, directors, suppliers, representatives, agents, partners and affiliates from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to:

     

     

     

     

    NetworksMD reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with NetworksMD in asserting any available defenses.

     

     

    In no event shall NetworksMD, its employees, contractors, directors, suppliers, representatives, agents, partners and affiliates be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (including, without limitation, any Content):

     

     

     

     

     

     

    The purpose of our Privacy Policy is to identify information we may collect about You, describe the uses we may make of Your information and the security measures we take to protect it, and describe Your options for controlling Your personally identifiable information. NetworksMD's current Site Privacy Policy is located at …………

     

     

    NetworksMD may terminate Your access to all or any part of the Service at any time, with or without cause, with or without notice, which may result in the forfeiture and destruction of all information associated with Your membership.

     

    If You wish to terminate Your account, You may do so by following the instructions on the Site. All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

     

     

     

    A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and NetworksMD agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

     

    The Terms shall be governed by and construed in accordance with the laws of Singapore, excluding its conflicts of law rules. Except that NetworksMD may seek injunctive or similar equitable relief at any time from any court of competent jurisdiction, any dispute arising from or relating to the subject matter of these Terms shall be settled in any Singapore court of competent jurisdiction and the parties consent to exclusive jurisdiction and venue in Singapore.

     

    Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms, including without limitation, this section.

     

     

    If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

     

     

    Neither failure nor delay on the part of NetworksMD to exercise or enforce any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. Nothing in these Terms shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.

     

    The Terms are the entire agreement between You and NetworksMD with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and NetworksMD with respect to the Site.

     

     

    NetworksMD may from time to time promulgate additional terms and conditions relating to specific portions or features of the Service. If there is a conflict between these Terms and such additional terms , the latter terms shall prevail  with respect to Your use of that specific portion of the Service.

     

     

    NetworksMD reserves the right, at its sole discretion, to update, revise, modify or replace any of the Terms, or change, suspend, limit or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending You an email, and without prior notice. Any such changes will be effective immediately and incorporated into this Agreement. It is Your responsibility to check the Terms periodically for changes. Your continued use of the Service following posting of any changes to the Terms constitutes acceptance of those changes.

     

     

     

    NetworksMD shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond NetworksMD’s reasonable control.

     

     

     

    The Terms are personal to You, and are not assignable, transferable or sub-licensable by You except with NetworksMD's prior written consent.

     

    NetworksMD may assign, transfer or delegate any of its rights and obligations hereunder without consent.

     

     

    No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect.

     

     

    In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

     

     

     

    All notices under the Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.