Last revised on April 1, 2020
1. OUR CONTENT
The Content is for informational and educational purposes only and is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Neither the Content nor any other service offered by or through this Site is intended to be for medical diagnosis or treatment.
Content available through the Site often represents opinions and judgments of an information provider, Site user, or other person or entity not connected with Us. We do not endorse, nor are We responsible for the accuracy or reliability of any opinion, advice, statement, and/or job posting made by anyone other than Our authorized spokespersons speaking in their official capacity.
By registering with the Site, You are granting Us permission to send You electronic communications, which may include Daily Digest e-mails, real-time alerts and other e-mail correspondence. You may opt out of receiving these communications by sending a request to admin@RNsights.com.
You agree that You may, from time to time, be invited to participate in certain client services such as polls, surveys, focus groups and advisory panels. Your agreement to participate in such services is entirely voluntary. When You are invited to participate, You will be informed of any incentive (such as an honorarium) offered in connection with Your participation.
3. USE OF SITE OR CONTENT
You agree to abide by Our Code of Conduct which You may access by clicking here.
Any use of this Site or the Content 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 Content or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble or make derivative works of the Content; (c) remove any confidentiality, privacy, patent, copyright, trademark or other proprietary notices from the Content; (d) transfer the Content to another person or entity in manners inconsistent with this Agreement and Our policies; or (e) engage in any unauthorized copying of the Content or information. We may make changes to the Site, any Content, or to the services and/or products described therein, at any time without notice. We do not collect personal health information about individuals.
You agree that any content, information, feedback, questions, comments and/or submissions that You provide to Us (“Submissions”) will become and remain Our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, You hereby waive all moral rights You may have in any Submissions.
If You believe that any Content is being used in a manner that constitutes copyright infringement, please notify Us using either of the notice methods specified in Section 12 and providing the following information:
- Identification of the copyrighted work that You believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the Submission that You believe to be infringing and its location. Please describe the Submission, and provide Us with its URL or any other pertinent information that will allow us to locate the Submission.
- Your name, address, telephone number, and (if available) email address.
- A statement that You have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
- A statement that the information You have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, We maintain a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.
4. USER CONTENT
You have the ability to post Your own Content in an anonymous fashion in blogs, forum messages and e-mails to other users (“User Content”). You may also remove the anonymous functionality and add to Your personal profile and Your User Content, which may be viewed by other registered members.
As a user of this Site, You are solely responsible and liable for the accuracy of the information that You provide to Us.
By posting User Content, You automatically grant, and You represent and warrant that You have the right to grant to Us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
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. You are prohibited from revealing the name or other personally identifying information of any other member unless that individual has previously revealed his or her own name or personally identifying information. Communications with this Site can and will be monitored, captured, recorded, and transmitted to such authorities as deemed necessary by Us in Our sole discretion and without further notice.
5. REPRESENTATIONS AND WARRANTIES
By representing that You are a health care professional, You grant Us permission to confirm Your professional credentials through the applicable accrediting agency or through other means as necessary. WHILE WE ARE NOT RESPONSIBLE FOR CONFIRMING EACH USER’S CREDENTIALS, WE HAVE THE RIGHT TO DO SO AT OUR DISCRETION. If You are found to have misrepresented your credentials, You will automatically be removed from the Site and You may be subject to legal action.
6. PAYMENT TERMS
All payments will be in United States dollars (e.g., money earned by members from Our Member Referral Program or through voluntary participation in market research with corporate clients). In the event any payment due to You is subject to or becomes subject to any tax or other deduction payable by You, You agree to pay and bear the expense of local, state and/or federal government licenses, sales and use, foreign withholding tax, property and ad valorem taxes, which may be imposed or assessed with respect to payments made by Us to You. Depending on circumstances such as requirements imposed by federal and state tax laws or other statutory requirements, You may also be asked to provide additional personal information for reporting requirements.
7. LIMITATION OF LIABILITY AND GENERAL DISCLAIMERS
IN NO EVENT SHALL RNSIGHTS, ITS 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 (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 CONTENT; (2) RELIANCE ON THE SITE AND CONTENT; (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES; (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS; (5) ANY OTHER FAILURE TO PERFORM BY RNSIGHTS OR RNSIGHTS’ CONTENT PROVIDERS; OR (6) YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR E-MAIL ADDRESS, PASSWORD AND ACCESS CODES. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER RNSIGHTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AND RNSIGHTS AGREE THAT THE AGGREGATE LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $100.00. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, RNSIGHTS WOULD NOT PROVIDE YOU WITH ACCESS TO THE SITE OR CONTENT.
THE CONTENT 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. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, CONTENT, 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 AND THE CONTENT. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. RNsights and its 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 in the Site or any Content.
8. LINKS TO OTHER SITES AND CONTENT
The Site may contain links to other internet sites and resources that are not under Our control. Selection of a link will direct You to a third party web site. Interactions that occur between You and a third party are strictly between You and such third party and are not Our responsibility. We are not responsible for reviewing or evaluating, and do not warrant the offerings of any businesses or individuals or the content of their web sites. We do not assume any liability or responsibility for the actions, products, availability or content of these sites. You should direct any concerns regarding external links to the site administrator of the third party website.
9. APPLICABLE LAW
7. DISPUTE RESOLUTION
Any dispute between RNsights and You arising out of this Agreement shall be resolved first by communication between RNsights and You. Should RNsights and You be unable to so resolve the dispute, RNsights or You may submit any dispute arising out of or relating to the Agreement or the breach thereof to final and binding arbitration administered by the American Arbitration Association (the “AAA”). The arbitration will be conducted before a mutually acceptable arbitrator. If RNsights and You cannot agree upon an arbitrator, the arbitrator shall be selected in accordance with the Commercial Arbitration and Mediation Rules of the AAA. The arbitration shall take place at a location near Our headquarters. Any decisions shall be in writing, based on Massachusetts laws and precedent, and each party shall be responsible for its costs associated with the arbitration.
8. TERMINATION; SITE CHANGES
Your right to access and use the Site and Content immediately terminates without further notice upon Your breach of this Agreement. We may terminate this Agreement and/or Your right to use the Site and Content at any time, with or without cause. Sections 1, 3, 4, 6, 7, 9, 10 and 13 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. We reserve the right to discontinue or make changes to the Site and/or Content at any time.
We may deliver notice to You by means of electronic mail, a general notice on http://www.RNsights.com, or by written communication delivered by first class United States mail or overnight delivery to Your address of record. You may give notice to RNsights at any time via electronic mail to admin@RNsights.com or by letter delivered by first class United States mail or overnight courier to RNsights, 220 Forbes Road, Suite 106, Braintree, Massachusetts 02184. If you have any questions relating to these Terms You may also contact Us at admin@RNsights.com or call (781) 910-3022.
This Agreement and any other terms or agreements referenced in this Agreement contains the entire agreement between You and RNsights relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. 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. We may assign this Agreement, in whole or in part, in Our sole discretion. You may not assign Your rights under this Agreement without Our prior written permission. 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. 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. We are not liable for any failure or unavailability of the Site and/or the Content or failure by Us to perform a transaction as a result of strikes, acts of God, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, wars, acts of vandalism, or any other event beyond Our control. If any provision of this Agreement shall be deemed invalid, inoperative or unenforceable, then each such provision shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intent of the parties, and the remaining provisions shall remain in full force and effect.
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