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Terms

Terms of Use

These terms of use (“Terms of Use”) are a contract between you and Medical Decisions, LLC dba EvidenceCare (“we”, “our” or “us”) that govern your access to and use of the websites, services and applications we make available to you (“Services”).

You may not use the Services and may not accept these Terms of Use unless you are a licensed medical doctor or other qualified health professional in the United States and good standing in the states in which you practice, a resident in an American Medical Association (“AMA”) approved residency-training program, a medical student enrolled in an AMA approved medical school, a licensed “mid-level provider” (Physician Assistant or Nurse Practitioner) practicing under the strict supervision of a licensed physician in the United States, a registered nurse, or licensed provider of EMS services.

The Services were created for distribution within the United States (“US”). All medications and antibiotics (and dosing of those medications) were created based on drugs that are FDA-approved. All treatment pathways were created with the intent to comply with US-based best medical practices and regulatory guidelines. As such, the services are intended for use only by US-based practitioners. Any use by practitioners outside the US will be done so strictly at the risk of the user and we will not accept any responsibility for medications, antibiotics, dosing protocols, or treatment pathways that are not in compliance with best-practices for a particular practitioner’s geographic location.

You may only use the Services in compliance with these Terms of Use and all applicable local, state, and national laws, rules and regulations. We may, without prior notice to you, change or stop providing some or all of the Services.

Subject to your compliance with these Terms of Use, we grant you a non-exclusive, non-transferable and revocable license to access and use the Services for your personal, non-commercial use.

No Substitute for Professional Advice

The Services and the Content (as defined below) are provided for educational purposes only, and any recommendations regarding medical diagnosis and/or medical treatment should be checked with an appropriate medical reference text for accuracy. All stratification of patients into separate treatment categories is based on guidelines and recommendations.

With any web-based content, transcription and data-entry errors may occur. Efforts have been undertaken to ensure the accuracy of the data presented to the user. But as such, all dosages of medications should be checked for accuracy of dose and route from an appropriate reference source and a clinical pharmacist.

Some patients need to have the dosages of medications adjusted based on their unique factors (kidney function, metabolism, allergies, concomitant medication usage, etc.). The provider treating each patient must take into account each patient’s unique factors and make appropriate dosing adjustments (in consultation with a clinical pharmacist and/or nephrologist).

Recommendations regarding medical diagnosis and/or medical treatment are not meant to be a substitute for professional advice and you, as a health care professional, should use sound clinical judgment, should determine if consultation with a specialist is required, and are solely responsible for all care delivered to your patients.

All modules in the Services are based on evidence-based treatment guidelines. Such guidelines are not all-inclusive and are not able to provide guidance on the best treatment course in every single patient encounter. The Services are general and educational in nature, may not reflect all recent developments or research and may not apply to the specific facts and circumstances of individual patients or treatment situations. Your education, training, experience and judgment must be used to make the best decision in consultation with the patient and their family on the best treatment course.

Reliance on any information you get from the Services AND CONTENT is strictly at your own risk. You should not act or refrain from acting solely on the basis of any recommendations regarding medical diagnosis and/or medical treatment.

Content

All content included in the Services (“Content”), including but not limited to (1) articles, notes, documents, updates, text, resources, materials, know-how graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code, and (2) the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, is owned, controlled by or licensed to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

You may use information on recommendations (such as references to original research studies, recommendations by medical associations, and similar materials) purposely made available by us for printing from the Services, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

This Agreement and the continuation of Services is subject to compliance by each Party of all laws, regulations, rules, executive orders, circulars, opinions, interpretive letters and other official releases that are applicable to the Parties (collectively, “Laws”). Each Party shall be solely responsible for their respective compliance with Laws.

Indemnity

You agree to indemnify, defend and hold harmless us and our licensors and marketing partners, together with any respective affiliates, successors, assigns, employees, consultants, agents, directors, officers, members and shareholders, from and against any and all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of or related to (i) your access, use or misuse of any of the Services, (ii) your breach or alleged breach of these Terms of Use, (iii) your violation or of any law, rule, regulation or rights of others in connection with your use of any of the Services, or (iv) your use or disclosure of another person’s personal information including, without limitation, financial or credit information.

Truthful Information

You must provide us with truthful and accurate information when you register to use the Services. You are entirely responsible for maintaining the confidentiality of the password that you use to access the Services and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You may not share your password with any other person. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security.

Restrictions on Your Use of the Services

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. We reserve the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any of our servers, by hacking, password “mining” or any other illegitimate means.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or our systems or networks, or any systems or networks connected to the Services.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services.

You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others.

Linked Websites

From time to time the Services may contain links to other independent third-party websites. Those websites are provided solely as a convenience to our users, and they are not under our control and we are not responsible for and do not endorse their content. We assume no responsibility or liability for the contents of those websites, or any products or services advertised or sold on those websites.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES SHALL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ASSUME THE ENTIRE RISK AS TO THE USE, RESULTS AND PERFORMANCE OF THE SERVICES AND CONTENT.

We make no representation or warranty that (i) the Services will meet your expectations or requirements, (ii) the Services will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the Services will be accurate, timely, complete or reliable, (iv) any errors or defects in the Services will be corrected, or (v) the Services and/or the servers that make the Services available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. You acknowledge that the entire risk arising out of the use, inability to use or performance of any of the Services remains with you to the maximum extent permissible under law. We cannot be held responsible for any third party information that is relayed by or through the Services.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. You acknowledge and agree that your sole remedy for any problems or dissatisfaction with any of the Services is to terminate your account and discontinue use of the Services.

Limitation of Liability

To the maximum extent permissible under applicable law, in no event will we or our licensors, together with any respective employees, agents, directors, officers, members and/or shareholders, be liable with respect to your use of the Services or any Content or any other materials or services provided to you by us or any other subject matter of these Terms of Use, whether based on contract, tort, strict liability or other theory, for (i) any direct or other damages, lost or corrupted data, lost profits, loss or damage to any computer, mobile phone or other device or any special, incidental, indirect or consequential damages, even if we have been advised of the possibility of such damages or if such damages were foreseeable, or (ii) the cost of procuring substitute goods, services or technology.

In the event that applicable law does not allow the exclusion of applicable damages or limitation of liability, you agree that in no event will our total liability to you for all damages, losses and causes of action of any kind exceed the greater of $100.00 (U.S.) or the amount you have paid us to access the Services.

Statute of Limitations

You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after that date will be barred.

Unsolicited Submissions

If you send us any unsolicited ideas, suggestions or materials, you agree that we will be completely free to implement, use, modify or otherwise exploit, in any way, your idea, suggestion or materials (or any part thereof) without any payment or other obligation to you, and you agree never to assert against us (or any successor to our business) any claim based on any proprietary rights therein.

Advertisements

The Services may display advertisements. These advertisements may be targeted based on the Content, queries made through the Services or other information. The manner, mode and extent of advertising included by us on the Services are subject to change without specific notice to you. We will never change the medical content, navigation, or stratification of patients based on sponsorship or advertising partnerships.

Applicable Law and Disputes

The Services are controlled and operated by us in the state of Tennessee. The formation, construction and interpretation of these Terms of Use is to be controlled by the laws of the state of Tennessee regarding agreements between Tennessee residents entered into and to be performed within Tennessee, excluding any rule or principle that would refer to and apply the substantive law of any other state or jurisdiction.

If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that arises out of or relates to these Terms of Use or your use of the Services (a “Claim”) as described below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution at info@evidence.care.

You agree that any Claim you may have against us must be resolved exclusively by a state or federal court located in Davidson County, Tennessee, except as otherwise agreed by the parties or as described below. You agree to submit to the personal jurisdiction of the courts located within Davidson County, Tennessee for the purpose of litigating all such Claims.

For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either party to the Claim may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration (and if such election is made, the Claim must be arbitrated as provided herein). In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All Claims you bring against us must be resolved as described above. All Claims not filed or brought as described above will be considered improperly filed. Should you file a Claim improperly, we may recover attorneys’ fees and costs up to $1000, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

Privacy

Please review our Privacy Policy to learn more about how we collect and use information about you via the Services.

Payment Terms

Payment and Subscription Terms are posted on the website and customers will be notified of any updates. Users should refer to the Payment and Subscription Terms for the payment terms, conditions and policies applicable to subscriptions to the Services. By subscribing to or using the Services, you agree to be bound by and accept the Payment and Subscription Terms.

No Third Party Beneficiary

Nothing in these Terms of Use, express or implied, is intended to or shall confer upon any other person any right, benefit or remedy of any nature whatsoever under or by reason of these Terms of Use.

Miscellaneous

We reserve the right at any time to: (1) make changes to the Services, the Privacy Policy and these Terms of Use; (2) prevent your access and use the Services if we believe you are in violation of these Terms of Use; and (3) seek all remedies available at law and in equity for violations of these Terms of Use, including suspending or blocking your access to the Services. The waiver by us of a breach or violation of any provision of these Terms of Use is not a waiver of any subsequent breach or violation.

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Services.

If any provision of these Terms of Use is found to be void, invalid or unenforceable: (1) the same will be conformed to the extent necessary to comply with applicable law, or stricken if not so conformable; and (2) the remaining provisions will remain in effect.

Contact Us

If you have any questions, comments or concerns about these Terms of Use please contact us at:

info@evidence.care

Last Revised: February 1, 2016