Terms of Use

Last revised on April 13, 2023

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.

These Terms of Use are a legal agreement (“Agreement”) between you (“You” or “Your”) and MedInsights CE Academy, LLC (“MedInsights CE”, “We”, “Us” or “Our”) and sets forth the terms and conditions for users of this website(the “Site”).

Please read these Terms of Use and any other documents referenced herein carefully before using the Site. The Site was developed for residents of the United States. If You are a resident of another country or You do not agree with or do not wish to be bound by all of the Terms of Use, do not use the Site. By clicking “I Agree,” You agree to be bound by the terms set forth herein. We reserve the right to amend these Terms of Use at any time and will post any amendments here. Since any such amendments will be binding on You, You should make certain You review these Terms of Use from time to time.

1. OUR CONTENT

All materials published on the Site (the “Content”) are protected by copyright, trademark and other applicable intellectual property laws, and are owned or controlled by Us and/or third parties. You will abide by copyright or other notices, information and restrictions appearing in conjunction with any Content. Any use of the Content not expressly permitted under these Terms of Use may violate copyright, trademark and other laws.

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.

2. PRIVACY

YOUR PRIVACY IS OF UTMOST IMPORTANCE TO US. Click here to view the Privacy Policy. You agree to the terms and conditions of the Privacy Policy.

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.

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 9 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 Content that You believe to be infringing and its location. Please describe the Content, and provide Us with its URL or any other pertinent information that will allow us to locate the Content.
• 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.

4. LIMITATION OF LIABILITY AND GENERAL DISCLAIMERS

IN NO EVENT SHALL MEDINSIGHTS CE, 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 OR SECURITY BREACHES; (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS; (5) ANY OTHER FAILURE TO PERFORM BY MEDINSIGHTS CE OR MEDINSIGHTS CE’S 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 MEDINSIGHTS CE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AND MEDINSIGHTS CE 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, MEDINSIGHTS CE 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. MedInsights CE 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.

5. 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.

6. APPLICABLE LAW

This Site is operated by Us from our offices in the Commonwealth of Massachusetts. We make no representation that the Content in this Site is appropriate for use in other locations. If You choose to access this Site from other locations, You do so at Your own initiative and You are responsible for compliance with applicable local laws. These Terms of Use are governed by and shall be construed in accordance with the internal substantive laws of the Commonwealth of Massachusetts without reference to its conflicts of law rules.

7. DISPUTE RESOLUTION

Any dispute between MedInsights CE and You arising out of this Agreement shall be resolved first by communication between MedInsights CE and You. Should MedInsights CE and You be unable to so resolve the dispute, MedInsights CE 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 MedInsights CE 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 and 10 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.

9. NOTICE

We may deliver notice to You by means of electronic mail, a general notice on http://www.MedInsightsCE.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 MedInsights CE at any time via electronic mail to support@medinsightsce.com or by letter delivered by first class United States mail or overnight courier to MedInsights CE Academy, LLC, 220 Forbes Road, Suite 106, Braintree, Massachusetts 02184. If you have any questions relating to these Terms You may also contact Us at support@medinsightsce.com or call (919) 272-8485.

10. MISCELLANEOUS

This Agreement and any other terms or agreements referenced in this Agreement contains the entire agreement between You and MedInsights CE 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.

This site is owned and operated by MedInsights CE Academy, LLC.