You must register an account with the Consortia Network to access the Consortia Services. Registration requires you to provide us with your name, email address and other information specified in the registration form (“Registration Information”), and to select a username and password that will be associated with your account. You agree that your Registration Information is true, accurate, current, and complete, and you will promptly update your Registration Information as necessary so that it continues to be true, accurate, current and complete. We may attempt to verify the accuracy of the Registration Information that you have provided and update it as necessary. You are solely responsible for maintaining the confidentiality and security of your Consortia account username and password and you may not permit another person to use your username and password to access the Consortia Services. You are responsible for all activity that occurs under your account. If you believe that the security of your account information has been compromised, you should immediately change your username and password through the account settings feature or notify us and we will assist you. We shall have no liability for any unauthorized access to or use of your account information.
Use of the Consortia Services
By using the Consortia Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Consortia Services or any portion thereof.
The information and tools that we make available through the Consortia Services are provided for educational and informational purposes only. While we hope you find the Consortia Services useful to you, they are in no way intended to provide certainty with respect to a diagnosis or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You are solely responsible for evaluating the information obtained from the Consortia Services and for your use or misuse of such information in connection with your treatment decisions or otherwise.
We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the Consortia Network, the Consortia Services and the Consortia Content to any person, geographic area or jurisdiction we so desire.
If you choose to access the information made available through the Consortia Services, you should not rely on that information as professional medical advice or use the Consortia Services as a replacement for any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, individuals should always consult their physician or, in serious cases, seek immediate assistance from emergency medical personnel.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable and non-sublicensable license to use the Consortia Services and to view the information and materials made available through these Services, including User Content, as defined below (“Consortia Content”) solely for your personal use. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Consortia Services, Consortia Content, or Consortia Network properties, except as expressly permitted in these Terms. All rights not expressly granted herein are reserved by us and our respective licensors, as applicable.
The Consortia Network may contain links to third-party websites or resources which are not part of the Consortia Network. You agree that we are not responsible or liable for these websites and resources including, without limitation, their availability or the content and information that they provide. The inclusion in the Consortia Network of third-party resources, including links to third party websites, does not imply our endorsement of these resources.
You agree that you will not engage in any of the following activities in connection with your use of the Services:
1. Use, display, mirror or frame any part of a Consortia site or Consortia app, or Consortia’s trademark, logo or other proprietary information, without the written consent of Consortia, as applicable;
2. Disguise in any way the origin of any content on the Consortia Network or provided through the Consortia Services;
3. Remove any copyright, trademark or other proprietary rights notices contained within the Consortia Network, including those of Consortia and any of its respective licensors or other third parties appearing on the Consortia Network;
4. Infringe or use any of our brands, logos trademarks or other proprietary marks in any business name, email, URL or other context unless expressly approved in writing by Consortia;
5. Attempt to circumvent any protective technological measure associated with the Consortia Services;
6. Attempt to access or search any Consortia Network properties or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
7. Impersonate or misrepresent your affiliation with another person or entity;
8. Post, upload, transmit or otherwise distribute advertising, spam, pyramid schemes or other similar communications;
9. Interfere with or disrupt any of the Consortia Services or the associated computer or technical delivery systems;
10. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing a Consortia site or a Consortia app;
11. Fail to respect another user’s privacy in any way; or
12. Use any Consortia Network property, the Services or any Consortia Content in any manner not permitted by these Terms.
We may (but are not obligated to) do any or all of the following without notice:
1. Edit Consortia Content;
3. Record or pre-screen User Content submissions to public areas within the Consortia Network;
4. Investigate your use of the Services as we deem appropriate to comply with any applicable law, regulation, government request or legal process; and
Information that you Make Available through the Consortia Services
You are solely responsible for ensuring that the User Content that you make available through the Consortia Services complies with applicable laws including, without limitation, those relating to privacy, and also, if you are a healthcare professional, best clinical and ethical practices. Prior to submitting any User Content to the Services, you must remove any information that identifies an individual or could reasonably enable the identification of an individual, e.g., name, e-mail address, social security number, insurance number or other unique identification number, biometric identifiers, facial photographs, photographs of identifying marks such as tattoos or scars. You shall be solely responsible for any claims arising from your failure to de-identify User Content that you submit through the Services.
You agree that you will not use the Consortia Services to make available User Content that:
1. you do not have the right to make available under any contractual or fiduciary agreement or law;
2. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
3. results in the violation of any applicable law or regulation, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) or any other applicable privacy laws;
4. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
5. promotes illegal activity;
6. is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, offensive, or embarrassing to any other person or entity;
7. constitutes an advertisement or solicitation of business
8. is fraudulent, false, misleading or deceptive; or
9. contains viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware.
You acknowledge and agree that the Consortia Network and any software used in connection with the Consortia Network (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Consortia Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, create derivative works from, or “scrape” for commercial or any other purpose, the Consortia Network, the Consortia Content or the Software, in whole or in part. Any use of the Consortia Network or the Consortia Services not expressly permitted by these Terms is a breach of these Terms and may violate our and third parties’ intellectual property rights.
You may view information provided through the Consortia Services online, download individual articles to your computer or mobile device for later reading or print a copy of an article for yourself. You may not remove any copyright notices from our materials. You agree not to access the Consortia Services by any means other than through the interface that is provided by us for use in accessing the Consortia Services.
When using the Consortia Services, information will be transmitted over a medium that may be beyond the our control or the control of our licensors or suppliers. Accordingly, neither Consortia, its licensors nor suppliers assume liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of the Consortia Services. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed to access the Consortia Services and all charges related to the same.
Linking to Us
Usually, we don’t mind if you include a simple link from your website to our website(s). However, you must first ask our permission if you intend to frame our website(s) or incorporate all or a portion of our website(s) into a different site or product in such a way that is not clear to the users that we are the source of the content. You are not allowed to link to us if you engage in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impacts our reputation.
Dealing with Third Parties
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Consortia Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the introduction of such third parties through the Consortia Services.
Laws that Govern this Agreement
We control those components of the Services made available through our respective websites from our offices within the state of Texas in the United States of America. By accessing the Services, you agree that the statutes and laws of the state of Texas, without regard to choice of laws principles, will apply to all matters relating to use of the Services.
Termination and Modification
You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Consortia Services (or any part thereof) or eliminate your account and remove any User Content that you have made available through the Consortia Services, with or without notice, for any of the following reasons (which are not intended to be exclusive): (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Consortia Services (or any part thereof), (e) technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the Consortia Services.
THE CONSORTIA NETWORK, PROPERTIES, CONSORTIA SERVICES, AND CONSORTIA CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE CONSORTIA NETWORK, CONSORTIA SERVICES OR CONSORTIA CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE CONSORTIA SERVICES. NO INFORMATION PROVIDED THROUGH THE CONSORTIA SERVICES OR BY US IN ORAL OR WRITTEN FORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE CONSORTIA SERVICES IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE CONSORTIA NETWORK. YOU UNDERSTAND THAT WE DO NOT ASSUME RESPONSIBILITY FOR SCREENING ANY USER OF THE CONSORTIA NETWORK NOR DO WE VERIFY OR TAKE RESPONSIBILITY FOR USER CONTENT. WE DO NOT PROVIDE MEDICAL ADVICE AND WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PRODUCT USERS, THERAPIES, TESTS, PHYSICIANS, HEALTHCARE PROFESSIONS OR OPINIONS.
In no event will any of us or our respective directors, officers, employees, contractors, agents, sponsors, licensors or any other person or entity involved in creating, developing or delivering the Consortia Network, the Consortia Services or the Consortia Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) arising out of or in connection with these Terms or from the use of or inability to access or use the Consortia Network, the Consortia Services or the Consortia Content, or from any communications or interactions with other persons with whom you communicate or interact as a result of your use of the Consortia Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, ours suppliers, or any third parties mentioned with the Consortia Services are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within the Consortia Network are not liable for any personal injury, including death, caused by your use or misuse of the Consortia Services or any information provided through the Consortia Services. Any claims arising in connection with your use of the Consortia Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.
You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Consortia Network, the Consortia Services and the Consortia Content or your violation of these Terms.
Notice and Take Down Procedures and Copyright Agent
If you believe in good faith any materials within the Consortia Network infringe your copyright, you may request removal of those materials (or access thereto) by contacting our copyright agent (identified below) and providing the following information:
1. 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.
2. 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.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this web site is as follows:
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements specified above shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. We may terminate the account of any user who we determine is a repeat infringer.
We reserve the right, at our sole discretion, to modify, discontinue or terminate any of the Consortia Services, the Consortia Content or these Terms, at any time and without prior notice. If we modify these Terms in a material way, we will provide notice of such modification within the Consortia Network. By continuing to access or use the Consortia Services after we have modified these Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Consortia Network and the Consortia Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Further, any of us may exercise the rights described in these Terms.
These Terms constitute the entire and exclusive understanding and agreement between Consortia and you regarding Consortia Network, the Consortia Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Consortia and you regarding the Consortia Network and the Consortia Services.
Any notices or other communications permitted or required hereunder, including those regarding material modifications to these Terms, will be in a written form and given: (i) by us via email (in each case to the email address included in your Registration Information); or (ii) by posting within the Consortia Network. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
All provisions of these Terms shall survive termination of your Consortia Network account except for your license to access and use the Consortia Services and the Consortia Content.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have questions about the Services or these Terms, or you wish to provide feedback, please contact us at firstname.lastname@example.org. By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to us to use to improve the Services.
Last updated: September 4th, 2019.