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 * Recruitment
 * Message Deployment
 * Engagement
 * Metrics
 * Careers

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 * Recruitment
 * Message Deployment
 * Engagement
 * Metrics
 * Careers




CONNEXION360 TERMS OF USE



Effective, March 19, 2019

Treatment Perspectives, Practice Perspectives, Scientific Perspectives, and
mChat are service marks of ConneXion360, LLC.

The Services (as defined below) are provided to you by ConneXion360, LLC
(“ConneXion360”), and its affiliates, subsidiaries, and divisions (collectively,
the “Company,” “we,” “us,” and “our”) subject to these Terms of Use. Our
services include our websites, webinars and webcasts, newsletters, mobile
applications, sponsored content, continuing medical education, and
communications (the “Service[s]”). Our Services are operated by our different
affiliated companies, subsidiaries, and divisions. Each Service will be
identified by its particular operator (eg, websites will have a footer with the
name of the operator, mobile applications will identify the operator in the
“About” tab).

By using the Services, you agree to be bound by, and to comply with, these Terms
of Use. We reserve the right to change these Terms of Use from time to time and
will post updated terms on this page, including the date they become effective.
You may access this page at any time through the Terms of Use link at the bottom
of each page on the Services.

DISCLAIMERS
THE SERVICES ARE INTENDED FOR USE ONLY BY ADULTS WHO ARE LICENSED HEALTHCARE
PROFESSIONALS IN THE UNITED STATES OF AMERICA, SUCH AS PHYSICIANS, PHYSICIAN
ASSISTANTS, OR NURSE PRACTITIONERS. Nothing on the Services should be construed
as giving advice or making a recommendation or referral regarding any decision
or action related to your health, the health of others, or your medical
judgment. You should not allow the content of the Services to substitute for
your own medical judgment, which you should exercise in evaluating the
information on the Services, nor for the advice of any liaison, specialist, or
consulting healthcare professional with whom you work. Any clinical tools or
databases provided for use by healthcare professionals through the Services do
not and are not intended to make referrals, give professional advice, or
recommend particular products or services. Physicians and other healthcare
professionals who use such tools or databases should exercise their own clinical
judgment as to the information they provide or on which they rely. While we have
used reasonable efforts to ensure that the information on the Services is
accurate, complete, and current, we expressly disclaim any warranty or
representation regarding the accuracy, completeness, or currency of such
information. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT A WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We
furthermore disclaim all liability for any and all damages, no matter their
alleged cause or theory of liability on which they are based, including, but not
limited to, damages for personal injury or lost profits. The foregoing
disclaimers and limitations apply if and only to the extent permitted by
applicable law.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
SPECIAL, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR
UNFORESEEABLE, ARISING OUT OF OR RELATED TO (I) THE SERVICES OR ANY INFORMATION
PROVIDED ON THE SERVICES; (II) YOUR USE OF THE SERVICES, ANY SERVICE OR ANY
INFORMATION PROVIDED ON THE SERVICES (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR
LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY, OR SHARE VALUE; INTERRUPTION IN
USE OR AVAILABILITY OF THE SERVICES; STOPPAGE OF OTHER WORK OR IMPAIRMENT OF
OTHER ASSETS); OR (III) BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH
OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR
OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT WE MAY INCUR IN ANY
ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT THAT WE ACTUALLY RECEIVED FROM YOU
FOR THE RIGHT TO ACCESS THE PORTION OF THE SERVICES OR THE INFORMATION THAT
DIRECTLY CAUSED THE DAMAGE.

USER SUBMISSIONS
We may collect, through registration processes or other means, personal
information about you. Please refer to our Privacy Policy for details about how
we protect your personal information. You are responsible for the accuracy of
any personal information about you that you provide to us through the Services.

As a condition to using the Services, you may be required to register using your
email address or other user ID and password chosen by you (collectively, your
“Participant ID”). You shall provide us with accurate, complete, and updated
registration information. We reserve the right to refuse registration of or
cancel a Participant ID at our sole discretion. You are solely responsible for
all activity that occurs under your Participant ID and shall be responsible for
maintaining the confidentiality of your password. You shall never use another
user’s account or allow any third party to use yours. You will immediately
notify us in writing of any unauthorized use of your account, or other
account-related security breach of which you are aware. You grant us and all
other persons or entities involved in the operation of the Services the right to
transmit, monitor, retrieve, store, and use your Participant ID and related
registration information in connection with the operation of the Services.

The Services may provide you with the ability to upload, submit, disclose,
distribute, or otherwise post (hereafter, “posting”) content, videos, audio
clips, written forum comments, data, text, photographs, software, scripts,
graphics, works of authorship, or other information to the Services (the
“Participant Submissions”). Such Participant Submissions may include, without
limitation, any submissions as part of any “Ask the Expert” or “Ask a Question”
features, if applicable. Such Participant Submissions are non-confidential and
are the property of the originating Participant. By posting Participant
Submissions through the Services:

 * You hereby grant us a worldwide, non-exclusive, perpetual, irrevocable,
   royalty-free, fully paid, sub-licensable, and transferable license to use,
   modify, reproduce, distribute, prepare derivative works of, display, publish,
   publicly perform, and otherwise fully exploit (“Use”) the Participant
   Submissions in connection with the Services and our (and our successors and
   assigns) business, including, without limitation, for promoting and
   redistributing part or all of the Services (and derivative works thereof) in
   any media formats and through any media channels (including, without
   limitation, third-party websites). You also hereby do and shall grant each
   user of the Services a non-exclusive license to access your Participant
   Submissions through the Services, and to Use such Participant Submissions as
   permitted through the functionality of the Services and under these Terms of
   Use. For clarity, the foregoing license grant to us does not affect your
   other ownership or license rights in your Participant Submission(s),
   including the right to grant additional licenses to the material in your
   Participant Submission(s), unless otherwise agreed in writing.
 * You represent and warrant to us that you own or otherwise control all rights
   to post such Participant Submissions and that disclosure and Use of such
   Participant Submissions by us (including without limitation, publishing
   content on or through the Services) will not infringe or violate the rights
   of any third party, including, without limitation, any privacy, intellectual
   property, publicity, contract, or other rights of any person or entity.
 * You acknowledge and agree that we shall have the right to reformat, excerpt,
   or translate any materials, content, or information submitted by you; that
   all information publicly posted or privately transmitted through the Services
   is the sole responsibility of the person from which such content originated;
   and that we cannot guarantee the identity of or the authenticity of any data
   posted by any other users with whom you may interact in the course of using
   the Services.
 * Your Participant Submissions will not contain any personally identifiable
   information with respect to any patient or other third party. In particular,
   you must remove any information that would associate your submission with a
   specific patient or individual. You will not disclose to us a key to
   re-identify any patient data, in accordance with the requirements under the
   Health Insurance Portability and Accountability Act of 1996 (HIPAA) or
   equivalent international codes.
 * You acknowledge and agree that we do not endorse any Participant Submissions.
   We have the right, but not the obligation, to monitor the Services or
   Participant Submissions. We 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. We will consider requests to remove
   Participant Submissions on a case-by-case basis.
 * You acknowledge and agree that under no circumstances will we 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 Services.
 * You acknowledge and agree that in addition to and without limiting the
   disclaimer set forth in these Terms of Use, you will not allow the content of
   the Services, including, without limitation, any Participant Submission, to
   substitute for your own medical judgment, which you should exercise in
   evaluating the information on the Services.

As a condition of use, you promise not to use the Services for any purpose that
is prohibited by these Terms of Use. You are responsible for all of your
activity in connection with the Services. By way of example, and not as a
limitation, you shall not (and shall not permit any third party to) either (I)
take any action or (II) upload, download, post, submit, or otherwise distribute
or facilitate distribution of any content or communications on or through the
Services, that:

 * violates local, state, national, or international laws or regulations;
 * infringes any patent, trademark, trade secret, copyright, right of publicity,
   or other right of any other person or entity;
 * is unlawful, threatening, abusive, harassing, defamatory, libelous,
   deceptive, fraudulent, invasive of another’s privacy, tortious, obscene,
   offensive, or profane;
 * constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail
   (“spamming”);
 * contains software viruses or any other computer codes, files, or programs
   that are designed or intended to disrupt, damage, limit, or interfere with
   the proper function of any software, hardware, or telecommunications
   equipment or to damage or obtain unauthorized access to any system, data,
   password, or other information belonging to us or any third party;
 * fails to respect another user’s privacy or that of any third party; or
 * impersonates any person or entity, including any employee or representative
   of ours.

Additionally, you shall not:

 * take any action that imposes or may impose (as determined by us in our sole
   discretion) an unreasonable or disproportionately large load on us (or our
   third-party providers’) infrastructure;
 * interfere or attempt to interfere with the proper working of the Services or
   any activities conducted on the Services;
 * bypass any measures we may use to prevent or restrict access to the Services
   (or other accounts, computer systems, or networks connected to the Services);
 * run Maillist, Listserv, any form of auto-responder, or “spam” on the
   Services;
 * use manual or automated software, devices, or other processes to “crawl” or
   “spider” any page of the Services.

You shall not (directly or indirectly):

 * decipher, decompile, disassemble, reverse engineer, or otherwise attempt to
   derive any source code or underlying ideas or algorithms of any part of the
   Services, except to the limited extent applicable laws specifically prohibit
   such restriction;
 * modify, translate, or otherwise create derivative works of any part of the
   Services;
 * copy, rent, lease, distribute, or otherwise transfer any or all of the rights
   that you receive hereunder.

THIRD-PARTY LINKS AND INFORMATION
The Services may contain information brought to you by third parties or through
links to other websites. We do not control nor assume any responsibility for the
information provided by third parties or the content of other websites to which
we provide links.

USE OF CONTENT
You should assume that all trademarks, logos, designs, slogans, and trade dress
appearing on the Services, whether or not appearing in large print, italics, or
with the trademark symbol, are owned by us or our affiliate companies, or are
used under license. The Services may also contain or reference patents,
proprietary information, technologies, products, processes, or other proprietary
rights of us and/or other parties. No license to or right in any such
trademarks, patents, trade secrets, technologies, products, processes, and other
proprietary rights of ours and/or other parties is granted to, or conferred
upon, you. You agree that the foregoing intellectual property is our valuable
property and that, in the event of the unauthorized use of such intellectual
property, we will suffer irreparable injury for which we may not have an
adequate remedy at law. Accordingly, in any action or proceeding to enforce the
provisions of these Terms of Use, we will be entitled to injunctive relief to
prevent or curtail any such threatened or actual unauthorized use. The foregoing
will be in addition to and without prejudice to any other rights we may have at
law or in equity.

You may not distribute, modify, transmit, reuse, repost, or use the content of
the Services for public or commercial purposes, including the text, images,
audio, or video, without our written permission. You should assume that
everything you see or read on the Services is copyrighted unless otherwise noted
and may not be used, except as provided in these Terms of Use or in the text on
the Services, without our written permission. We neither warrant nor represent
that your use of materials displayed on the Services will not infringe rights of
third parties not owned by or affiliated with us.

INDEMNIFICATION
You agree to indemnify, defend, and hold us, our affiliates, subsidiaries,
divisions, and all of our and their respective officers, employees, and
suppliers harmless from any claim or demand, including reasonable attorneys’
fees, made by any third party due to, related to, or allegedly arising out of
your use of the Services or any breach of these Terms of Use or violation of any
rights of another.

CHOICE OF LAW; DISPUTE RESOLUTION – BINDING ARBITRATION
If any dispute arises between you and us concerning these Terms of Use or your
use of the Services, it shall be resolved through good-faith negotiations. If
such efforts prove unsuccessful, all controversies, claims, or disputes shall be
submitted to binding arbitration pursuant to the U.S. Federal Arbitration Act, 9
U.S.C. § 1 et seq. The rules of the American Arbitration Association shall apply
to the conduct of the hearing, which shall be located in Dallas, Texas. THE
GOVERNING LAW SHALL BE THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO
ITS CONFLICT OF LAWS RULES. The arbitration award shall be final and binding and
may be confirmed and enforced in any court of competent jurisdiction. The
parties shall bear equally the costs of the arbitration, but each party shall
pay its own attorneys’ fees incurred in connection with the arbitration or the
confirmation or enforcement of any award. Notwithstanding the foregoing, if the
costs of arbitration will be prohibitive as compared to the costs of litigation
and the relief sought, we will pay as much of the filing, administration, and
arbitrator fees as the arbitrator deems necessary to prevent the arbitration
from being cost-prohibitive. In the event the arbitrator determines the claim(s)
you assert in the arbitration to be frivolous, you agree to reimburse us for all
fees associated with the arbitration paid by us on your behalf that you
otherwise would be obligated to pay.

PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER
ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

MISCELLANEOUS
These Terms of Use constitute the entire agreement between you and the Company
regarding the Services and supersede and replace any prior understanding,
whether oral or in writing. Our failure to enforce any provision of these Terms
of Use shall not be construed as a waiver of our right to enforce any of these
Terms of Use in the future. You agree that no joint venture, partnership,
employment, or agency relationship exists based on your use of the Services. If
any portion of these Terms of Use are held invalid or unenforceable, such
portion shall be construed in a manner consistent with applicable law to reflect
the original intent of the parties, and the remaining portion of these Terms of
Use shall remain in full force and effect.

CONTACT US
ConneXion360, LLC
Attn: Customer Service
14901 Quorum Drive, Suite 650
Dallas, TX 75254
Phone: 877.238.8500 
Email: customerservice@connexion360.com

 

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