- M3 USA Corporation and its subsidiary companies (“Company”, “we”, “us” or “our”) grant you permission as a user (“User”, “you” or “your”) to access and use our sites, software, applications, content, products and services (“Services”), which are owned or licensed by us and any other sites we may own or control now or in the future, including, but not limited to, www.mdlinx.com, research.m3.com, www.m3globalresearch.com, www.practicematch.com, www.themedicusfirm.com, www.profilesdatabase.com, www.neprc.com, www.boardexamprep.com, www.medconferencecoverage.com and www.clinicaltrialslocator.com (collectively, the “Sites”). These terms govern your use of the Sites and our provision of the Services on which these terms are posted. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY M3 SERVICES.
- II. DESCRIPTION OF SERVICES
Neither the Company nor the Services provide medical advice or recommendations of particular drugs or products. All content is provided for information only, and is intended for use by physicians and other healthcare professionals. The content includes information licensed or obtained from third parties, which may be updated periodically. The content should not be used as a substitute for clinical judgment, and healthcare professionals should independently evaluate and verify information obtained from the Services.
Your access the Services is at your own risk. Do not rely on the Services as a substitute for professional medical advice or a relationship with a physician or other qualified healthcare professional. The Services are designed to support, not replace, the relationship that exists between a patient and his or her physician.
- III. REGISTRATION
- IV. USER CONTENT
The Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Content”), which may be accessible and viewable by the public. You may not submit or upload User Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Content or communications using our Services, at any time and for any reason, including to ensure that the User Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse the opinions, views, advice or recommendations posted or sent by users or guarantee the accuracy, integrity or quality of User Content. Under no circumstances will Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via any Service.
- V. JOB POSTINGS AND PROFILES
The Sites and Services are a venue allowing for the creation and posting of profiles ("Profiles") and curriculum vitae by healthcare providers ("HCPs"), and the creation and posting of Profiles by organizations that hire HCPs (" Hiring Organizations"). Through the Sites, HCP Profiles are made accessible to Hiring Organizations, and Hiring Organization Profiles are made accessible to HCPs. HCPs may also designate specific Hiring Organizations to review their curriculum vitae via our "Physician Career Center."
Company does not evaluate or censor the curriculum vitaes, Profiles, or other information posted to the Sites or exchanged via our Physician Career Center. Company has no control over the quality, safety, or legality of the curriculum vitaes, Profiles, or other information posted to the Sites or exchanged via our Physician Career Center, the truth or accuracy of such curriculum vitaes, Profiles, or other information posted to the Website or exchanged via our Physician Career Center, the ability of Hiring Organizations to hire HCPs, or the ability of HCPs to fill job openings.
Because user authentication on the Internet is difficult, Company does not confirm that registered users are who they claim to be. Because we do not control the behavior of the Sites’ visitors and registered users, in the event that you have a dispute with another visitor or registered user, you hereby release Company from all claims, demands, and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You acknowledge that there may be certain risks, including, but not limited to, the risk of physical harm and of dealing with strangers, underage persons, or people acting under false pretenses, associated with pursuing relationships begun on the Internet. You assume all risks related to dealing with other visitors and registered users with whom you have had contact through the Sites.
You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any curriculum vitae, Profile, or other information you post to the Sites. Company neither warrants nor guarantees that any curriculum vitae, Profile, or other information you post to the Sites will be viewed by any specific number of users. Company is not responsible for any employment decisions made by any Hiring Organization. Company assumes no responsibility or liability for any HCPs selected by a Hiring Organization. Selection, retention, or hiring of any individual or entity is based solely on your investigation, verification and determination that such selection, retention, or hiring is suitable for your purposes.
- VI. BOARDEXAMPREP.COM
In consideration of and subject to your payment of the appropriate subscription fee for the services offered on www.boardexamprep.com (the “BEP Services”), Company grants you a personal, non-exclusive, non-transferable, limited license to access and use the BEP Services for the specific course(s) to which you have subscribed only during the Subscription Period (as defined below). The license to use the BEP Services (the “License”) is subject to the following:
- Subscription Period
- You may not: (a) reverse assemble, reverse engineer, decompile or otherwise attempt to derive source code from the Site or the BEP Services; (b) copy, reproduce, modify, sell, lease, sublicense, market or commercially exploit in any way the BEP Services; (c) use, or permit the use of the BEP Services to perform information processing or any purpose other than as permitted hereby; or (d) disclose or grant access to a third party, without our written approval. No part of the Services may be copied for resale or other commercial use or offered for sale or reproduced on any bulletin boards, discussion forums or online chartrooms. You may not remove or obscure any copyright notices from the information retrieved from the Site.
- Restriction Against Transfer
- You are not permitted to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the BEP Services.
- VII. INTELLECTUAL PROPERTY OWNERSHIP
American Board of Internal Medicine®, ABIM®, American Board of Family Medicine®, ABFM® and American Osteopathic Board of Internal Medicine® are registered trademarks. None of the trademark holders are affiliated with M3.
- VIII. WARRANTIES
- You warrant and represent that (i) you own all right, title, and interest in your User Content or have obtained the necessary rights to use your User Content on the Sites or with any part of the Services, (ii) your User Content does not violate any law or regulation, (iii) your User Content does not violate the intellectual property rights or any right of any third party, and (iv) your User Content is not designed to or will not knowingly have deleterious effect on Company, the Sites, the Services, other users or any computer, network, software or hardware.
- IX. INDEMNITY
- X. LINKS TO THIRD-PARTY SITES
- The Services may contain links, through advertising, affiliation, or otherwise, to third party web sites ("Linked Sites"). The Linked Sites are not under the control of Company and Company is not responsible or liable for the communications or materials of any Linked Sites. Company is providing these links to you as a convenience and to advertisers and affiliates to promote their own sites or products, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators. You are responsible for adhering to the applicable terms of service for any other web site and are solely responsible and liable for any interactions you may have with such sites, their sponsors and other third parties.
- XI. PRIVACY
- XII. NOTICES OF ALLEGED INFRINGEMENT OF THIRD-PARTY RIGHTS
We respect the intellectual property of others, and ask our users to do the same. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. If you believe that any of the material contained on a Site infringes or violates any copyrights, trademarks or other intellectual property rights owned by you or any other rights, please email us the specifics of your claim to email@example.com.
All of the following information is required to process and investigate your claim:
- Identification of the protected 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 material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the owner or are authorized to act on the owner's behalf.
- A signature or the electronic equivalent from the owner or authorized representative.
- XIII. TERMINATION
- XIV. DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITES AND THE SERVICES, INCLUDING ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION AND USER CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE, PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ANY PORTION OF ANY SITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT ANY SITE OR ANY SERVICE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Company makes no representations or guarantees regarding the effectiveness of the Services or timeliness of the Services in meeting your employment objectives. Company does not guarantee that the Services will result in candidates being hired, positions being filled or employees being retained, and is not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reason made.
We do not make any representation or warranty about whether the Sites or the Services are adequate to meet your privacy and security compliance obligations under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act of 2009, and the security, privacy and other regulations related thereto (collectively, "HIPAA"), or any other standards, laws, rules or regulations. You are responsible for assessing your privacy and security obligations and determining whether your use of the Sites or the Services complies.
- XV. LIMITATION OF LIABILITY
- IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, LOST PROFITS OR THE COST TO PROCURE SUBSTITUTE GOODS AND SERVICES OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYMENT RELATED MATERIALS THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE FEES PAID BY YOU DURING THE PREVIOUS TWELVE (12) MONTHS OR ONE THOUSAND U.S. DOLLARS (US $1,000), WHICHEVER IS GREATER.
- XVI. ASSIGNMENT
- XVII. FORCE MAJEURE
- If we are unable to perform any of our obligations hereunder (including without limitation loss of or failure to provide the Services) due to any event beyond our reasonable control, including without limitation, acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid); acts or omissions of any government or agency thereof; power or telephone failures; or breakdown or malfunction of machines, transportation facilities or other equipment of any nature, then our performance shall be excused for the period of such event, but we will use our best commercial efforts to limit the duration of any such delay.
- XVIII. JURISDICTION
- XIX. MISCELLANEOUS
- Titles and paragraph headings are for reference purposes only. These Terms contain the entire agreement of both parties, and supersedes any and all previous oral and written communications and agreements with respect to the subject matter hereof. Any of our remedies are cumulative and not exclusive. No waiver of any breach of any provision of these Terms is a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing. If any provision of these Terms is found to be invalid or otherwise unenforceable, the validity of any remaining portion shall not be affected and the remaining portions shall remain in full force and effect, as if invalid portions were deleted from these Terms.
- XX. CONTACT
- All comments, queries and requests relating to our policies and/or use of your information are welcomed and should be addressed as follows:
- Last updated: March 21st, 2017