This Agreement (the “Agreement”) governs your access and use of the Massachusetts Alliance for Communication and Resolution following Medical Injury (MACRMI) online forum and interactive features (the “Service”). In consideration for your right to access and use the Service, you and MACRMI agree as follows:
- ACCEPTANCE OF TERMS
By clicking the “I accept” button below, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 15 below. For example, you understand and agree that the Service is provided “as-is” and that MACRMI assumes no responsibility or liability for, among other things, (1) any service outages or interruptions, (2) the unavailability of particular online feature or service, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (5) the deletion of materials posted to the Service, or (6) the failure to store materials posted to the Service.
- THE SERVICE
The Service is a set of online applications, enabling individuals to join and participate in discussion groups, document sharing, calendars, directories, blogs, and other features. Some communities are “closed” communities, available only to certain members (e.g., MACRMI staff, pilot site participants).
- CONTENT ACCESSIBLE ON THE SERVICE
The Service contains a variety of information, data, messages, directions, pictures, audio/visual works, and other materials (the “Content”) that users post. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit to or via the Service. You acknowledge that MACRMI is not responsible for, does not control and does not endorse the Content posted to the Service or available through the Service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. MACRMI reserves the right to verify the content posted to the service with regard to its reliability, accuracy, legitimacy and quality, and to moderate the posting of such content to the Service. Under no circumstances will MACRMI be liable in any way to you for any Content, including (but not limited to) any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted to or via the Service.
You acknowledge that MACRMI shall have the right (but not the obligation) to remove, modify, or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, MACRMI shall have the right to access the Service and remove or restrict access to any Content that violates this Agreement or that MACRMI believes is otherwise objectionable.
You acknowledge and agree that MACRMI may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce this Agreement, (c) respond to claims that any Content violates the rights of third parties, or (d) protect the rights, property, or personal safety of MACRMI, its members and guests, and the public.
- LICENSE GRANTED TO MACRMI
MACRMI does not claim any ownership rights in the text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials that you post to the Service. By displaying of publishing (“posting”) any Content on or through the Service, you hereby grant to MACRMI a limited license to use, modify, publicly perform, publicly displace, reproduce and distribute such Content solely on and through the Service.
The license you grant to MACRMI is non-exclusive (meaning you are free to license your Content to anyone else in addition to MACRMI), fully-paid and royalty-free (meaning MACRMI is not required to pay you for the use on the Service of the Content you post), sublicensable (so that MACRMI is able to use its affiliates and subcontractors to provide the Services), and worldwide (because the Internet and Services are global in reach). This license does not grant MACRMI the right to sell your Content, nor does the license grant MACRMI the right to distribute your Content outside of the Service.
- USER CONDUCT
You agree not to use the Service to:
- Violate or solicit the violation of any local, state, national or international law;
- Infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
- Upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another’s privacy; (2) consists of instructional information on illegal activities; (3) violates or infringes upon the proprietary rights of others, including without limitation, copyrighted music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state, or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number, or Protected Health Information; (6) constitutes, or encourages, the violation of antitrust laws; or (7) you do not have a right to upload or post due to contractual or other legal obligation;
- Use the Service as a promotional tool or for any other commercial purpose.
If you do use the Service to commit any of the above, MACRMI may, at its sole discretion, terminate your password, account (or any part of it) or ability to use the Service and remove and discard any Content within the Service.
- MEMBER DISPUTES
You are solely responsible for your interactions with other users of the Service. MACRMI reserves the right, but has no obligation, to monitor disputes between you and other users of the Service.
- LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE
You agree that MACRMI may establish, in its sole discretion, any limitations, conditions or rules concerning the use of the Service, including, for example, the maximum number of messages a user may post to the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that MACRMI has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- MODIFICATION AND TERMINATION OF SERVICE
MACRMI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that MACRMI will not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
- OTHER WEB SITES AND RESOURCES
Other users of the Service may provide links or access to other web sites and resources. Because MACRMI has no control over such sites and resources, you acknowledge and agree that MACRMI is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MACRMI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available through any such site or resource.
- NO RESALE, REDISTRIBUTION OR REPURPOSING OF CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any of the Content available through the Service, other than Content as to which you hold the intellectual property rights.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE AND UNDERSTAND THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. MACRMI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE AND NON-INFRINGEMENT.
- MACRMI MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIRMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY MACRMI.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MACRMI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MACRMI HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABIILTY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to indemnify and hold MACRMI, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, or your violation of the law, this Agreement or the rights or another.
The Massachusetts Alliance for Communication and Resolution following Medical Injury (MACRMI) is not responsible for content posted by you or another user. MACRMI specifically disclaims all liability for claims or damages that may result from any posting or other use of this service. MACRMI reserves the right to remove any materials that are posted to or published via this site. MACRMI accepts no responsibility for the opinions or information posted on this community. In no event shall MACRMI be liable for any special, indirect or consequential damages or any damages whatsoever resulting from your, or another user’s, use of this service, including damages resulting from loss of use, data, or profits arising out of or in connection with the use or performance of any information posted on this site.
Guidelines and Reminders
- Only subscribed users can post messages. You are responsible for all content posted from your account;
- Your profile is not accessible to other community participants, with the exception of the type of affiliation you claim (e.g. provider, patient, etc);
- Treat other users with respect. Remember that emotions are difficult to convey online, and give others the benefit of the doubt. Do not assume that your exchanges are—or will remain—confidential; this community will contain more, or new, participants over time; if you post something about a person, they may see it eventually.
- The purpose of the Service is to encourage the exchange of ideas. Advertising is prohibited. MACRMI acknowledges that there are times when the idea itself requires that a product be mentioned, critiqued or evaluation, and that there are also times when the recommendation of a product, vendor, or service is the answer to a posted problem. Such postings are not prohibited.
- MACRMI disclaims responsibility for any links or references to any products, services or other information provided on the site. Further, MACRMI makes no representation as to the accuracy, reliability, or content of other sites or of any products or services referenced in the community or in a linked site.
- You must comply with antitrust laws. Do not discuss, or exchange information regarding:
(a) your reimbursement rates or any other data that might bear on the price you are paid for your services;
(b) raising, lowering, or ‘stabilizing’ your fees;
(c) what constitutes a fair profit level or margin level;
(d) the allocation of markets, territories, or patients;
For example, any agreement to ‘honor,’ ‘protect,’ or ‘avoid invading’ one another’s geographic areas, practice specialties, or patient lists would violate the law
(e) whether other physicians should or should not deal with certain persons or entities
For example, any agreement among physicians not employed by the hospital not to cover call unless paid to do so, any agreement among non-employed physicians to strike or not to accept certain tasks, or any agreement not to contract with a specific payor, would violate the law.