Cygenex hopes that you will find the Service useful but reminds you that the Service is not meant to serve as a substitute for your own professional medical judgment. You should always exercise your professional judgment in evaluating your patients, and should carefully consider any treatment plan based upon any Content (as defined below in clause 4). Cygenex encourages you to confirm the information made available or otherwise obtained through the Service with other reliable sources before undertaking any treatment based on such Content.
Use of this Service
1.1 Use of the Service includes accessing, browsing, posting to, or registering to use the Service.
1.2. By using our Service, you confirm that you accept all of these Terms and Conditions and that you agree to comply with them and all other operating rules, policies and procedures that may be published from time to time on the Site by Cygenex.
1.3. If you do not agree to these Terms and Conditions, you must not use the Service.
1.4. You represent and warrant that (a) you are a physician or licensed health care provider, (b) all registration information you submit is accurate and truthful, and (c) your use of the Service does not violate any applicable law or regulation.
1.5. We reserve the right to refuse access to, or registration for, the Service to anyone without providing a reason.
1.6. We reserve the right at any time to add to, change or delete from the Service any service or functionality as may exist from time to time.
2.1. Subject to these Terms and Conditions, the Service is open to all Physicians from anywhere in the world.
2.2. Access to, and use of, any sections of the Service is conditional upon registration as a member of the Cygenex community and on you meeting certain criteria (see clause 5 below). Cygenex reserves the right, at its discretion, to change any criteria from time to time.
2.3. Physicians and other health care providers who are not fully registered with a recognized medical healthcare regulatory body, will be denied access to the Service.
3.1.Registration applications can be either ad hoc/spontaneous or through an invitation by an existing registered user. All applications are considered, though the ones originated by invitations have priority.
3.2. As a condition to using the Service, you will be required to register with Cygenex using your email address and password chosen by you (collectively, your “Cygenex User ID”). You shall provide Cygenex with accurate, complete, and updated registration information. Cygenex reserves the right to refuse registration of, or cancel a Cygenex User ID in its sole discretion. You are solely responsible for all activity that occurs under your Cygenex User ID and shall be responsible for maintaining the confidentiality of your password. You shall never use another Users account or allow any third party to use yours. You will immediately notify Cygenex in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You grant us the right to transmit, monitor, retrieve, store, and use your Cygenex User ID and related registration information in connection with the operation of the Service for the effective & efficient operation of the Site.
3.3. Registration to the Site is free of charge. We try to ensure that the Service availability is uninterrupted and that transmissions will be error-free. However, we do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice, including to allow for repairs, maintenance, or the introduction of new facilities or services. We will not be liable to you if for any reason the Service is unavailable at any time or for any period. We, of course, try to limit the frequency and duration of any suspension or restriction. We make no assurance that the Service will continue to be available in the future.
4.1. The term “Content” includes, without limitation, any tools, services, advertisements, advice, suggestions, videos, audio clips, written discussion comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Cygenex, its content providers or other partners, or other Users on or through the Service including all User Submissions (as defined below in clause 6).
4.2. You agree that the Service contains Content specifically provided by Cygenex or its partners, and that as between the parties such Content (except for User Submissions provided by you) is the property of Cygenex and is protected under international intellectual property laws, including copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any such Content. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, display in frames, link to, or otherwise commercially exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the express written consent of the respective owners or other valid right, and (ii) in any way that violates any third party right. You may print or download a single copy of the Content from the Site solely for personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
4.3. Cygenex reserves the right to remove any Content from the Service 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 Content or if Cygenex is concerned that you may have violated the Terms and Conditions).
Types of Users
5.1. All functionalities/sections of the Service are restricted and are only accessible to “Registered Users”. For instance, to post any content to the Service or post a comment, you have to be a “Registered User” of the Cygenex community – see 5.2.1 below.
5.2. There are two types of Service users: (i) (i) Registered Users and (ii) Unregistered Users (“Visitors”):
5.2.1. Registered Users
To become a Registered User, one is required to provide the following verification details:
(a) details of registration with recognized medical regulatory bodies (e.g., GMC in the UK, medical license number in US etc)
(b) work details, such as location and specialty
(c) any other relevant information we might request in order to complete the verification process. (e.g. copies of medical qualifications, service postal address, job title, telephone number etc)
5.2.3. Unregistered Users
Unregistered Users are users of the Service who are not registered. Unregistered Users have no access to the site.
5.3. If you are Unregistered user and apply to become a Registered User, we reserve the right to ask for proof of your qualification as a Physician. Additionally, if our verification process reveals that you are not fully registered with a recognized medical regulatory body, the request to become a Registered User will be denied. In the event that your registration with a relevant medical regulatory body for doctors is subsequently revoked, your rights to continue to access and use the Service as a Registered User will cease.
5.4. While we take steps to authenticate Physicians and other health care provider qualifications we cannot guarantee that every Registered User on the Service is indeed qualified or a registered practicing doctor.
Intellectual property rights of the rest of the Service
5.5. Unless otherwise stated, AmongDoctors or its licensors (which may include users of the Service) is the owner or the licensee of all intellectual property rights in the Service, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.6. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
5.7. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Service is accurate, complete or up-to-date.
5.8. Unless expressly permitted in writing herein or in a subsequent license agreement and other than printing a very small proportion of content (such as a single discussion thread on one topic) or displaying this on your screen or both, (strictly for your personal, non-commercial use), no part of the Service may be reproduced, stored in any medium, including, but not limited to, a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent.
5.9. Any permitted use of our material is subject to ensuring that our copyright notices and trademarks appear as they do on all copies online and customary bibliographical citations including author attribution, date, article title (where applicable) and the URL to this Service are included.
6.1. Cygenex trademarks, and logos which are displayed on the Service are the trademarks of Cygenex and its licensors.
6.2. Any request for permission of any of our content or images, should be made via the Contact Us details.
6.3. If you wish to terminate your account, you may do so by sending your request via email at info[at]amongdoctors.com. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6.5. To the fullest extent permitted by law, Cygenex will not be liable for any material posted by you or any third party. It is provided on an ‘as is’ basis and Cygenex disclaims all and any representations and warranties whether expressed or implied including warranties of accuracy, fitness for a particular purpose, non infringement or availability functionality of the Service. Cygenex shall not be liable for any errors in transmissions and we do not warrant that the Service will be available at any time. Should you chose to rely on any professional opinions on the Service you do so at your own risk. Users are responsible for the checking and verification of any advice given on the Service.
6.6. We assume no responsibility for the content of our site or Services linked on our site. Such links should not be interpreted as endorsement by us of those linked Services. We will not be liable for any loss or damage that may arise from your use of them.
6.7. Cygenex may at any time amend, alter or delete the functionality, software or any other elements related to the Service of any nature at any time without further notice to you. Cygenex may take down the Service on a temporary or permanent basis at any time without further notice to you.
6.8. Any reference to any services, processes, products, trademarks or suppliers on this Service whether by users or Cygenex does not constitute or imply endorsements, recommendation by Cygenex or any affiliation such as third parties.
6.9. While we take steps to authenticate Physicians’ qualifications we cannot guarantee that every Registered User on the Service is indeed qualified or a registered practicing doctor.
7.0. Cygenex has no control over and no duty to take any action regarding: what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
7.1. By entering into this agreement and using the software, to the extent permitted by law, you agree that you shall defend, indemnify and hold the company, its licensors and each such party’s parent organizations, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, shareholders, officers, directors, employees, representatives, members, attorneys, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the software and its contents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including personal data, comments, and ratings) of the users as made available on our software, (iii) any consultation rendered by the registered members, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you (including attorneys’ fees and costs), pursuant to, arising out of or in connection with the use, inability to use or delay or virus of our software and/or the server that the software is hosted, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the user (its employees, directors, officers, agents, representatives or affiliated companies)(including attorneys’ fees and costs), including any strike, force majeure or any other event beyond our control (vi) any information on this software sometimes linked to external sites over which our services have no control and for which we assume no responsibility (vii) any user violation or breach of any term of this agreement or any applicable law or regulation, whether or not referenced herein.
Country or international laws, as well as ethical requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of Physicians to transmit certain information through the Site. It is the sole responsibility of the User to comply with these laws, as well as institutional and professional guidelines with respect to patient confidentiality. The User is, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view patient data. CYGENEX CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR THE USE OR MISUSE OF PATIENT DATA OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED BY THE USER WHILE USING THE SITE. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY CONTENT (INCLUDING ANY USER SUBMISSION) IN OUR SOLE DISCRETION (see also term 6.4).
Limitation of liability
7.2. To the extent permitted by law, we will not be liable to any user for any loss (including direct, indirect and consequential) or damage, whether in contract, tort (including negligence, special or punitive damages), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
7.3. use of, or inability to use, the Service; or
7.4. use of or reliance on any content displayed on the Service;
7.5. loss of business opportunity, goodwill or reputation; or
7.6. any indirect or consequential loss or damage.
7.7. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any Service linked to it.
7.8. You will indemnify Cygenex and keep it indemnified against all and any losses, damages, liabilities, costs and expenses arising in connection with your breach of any of these User Terms and Conditions or arising as a result of a third party accessing or using our site or its content by means of accessing through your password or user ID or other authentication details.
7.9. If you are dissatisfied with the service, your only remedy is to stop using it. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.