SERMO Master Website Terms of Use

Effective Date: October 11, 2012

Welcome to this website brought to you by SERMO, Inc., its divisions or affiliates ("SERMO")! SERMO maintains this website for your personal information and communication and to allow you access to the physician and health care professional information, education and communication services made available by SERMO via this website ("Services").

Your Agreement

Please read these Terms of Use carefully before accessing or using the website or Services, so that you fully understand your rights and responsibilities.

ALL PAGES WITHIN THIS WEBSITE AND ANY INFORMATION, MATERIAL, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED SUBJECT TO YOUR AGREEMENT WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR USE OF THIS WEBSITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PROMPTLY EXIT THIS WEBSITE.

YOU MAY VISIT THIS WEBSITE ANONYMOUSLY AS A VISITOR WITHOUT SIGNING UP TO RECEIVE OR PARTICIPATE IN ANY SERVICES, SUBJECT TO THESE TERMS OF USE. YOUR PARTICIPATION AND RECEIPT OF ANY SERVICES FROM SERMO ARE ENTIRELY VOLUNTARY.

HOWEVER, SHOULD YOU CHOOSE TO SIGN UP AND RECEIVE ACCESS TO THE SERVICES, YOUR USE OF SUCH SERVICES AND ANY PRIVATE ACCESS WEB PAGES RELATED TO SUCH SERVICES ARE ALSO SUBJECT TO ANY ADDITIONAL TERMS AND CONDITIONS THAT MAY BE OTHERWISE POSTED ON THIS WEBSITE, ALL OF WHICH ARE EXPRESSLY MADE A PART OF THESE TERMS OF USE AND YOUR AGREEMENT WITH SERMO.

IN ADDITION, SHOULD YOU CHOOSE TO SIGN UP TO RECEIVE, PURCHASE OR PARTICIPATE IN ANY SERVICES YOU OPT-IN TO RECEIVE OR PARTICIPATE IN THE SERVICES AND ARE AGREEING TO THE ANY ADDITIONAL SERVICE TERMS THAT MAY BE POSTED ON THE WEBSITE.

BY SIGNING UP TO RECEIVE, PURCHASE OR PARTICIPATE IN ANY SERVICES, YOU ARE ALSO EXPRESSLY AGREEING AND CONSENT TO THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION AND DATA AS SET FORTH IN THE SERMO PRIVACY POLICY.

PLEASE PRINT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.

Electronic Communications

Depending on your location, you may interact with SERMO primarily through electronic communications, such as submissions through the website or by sending us e-mail and you consent to receive all communications electronically. We will communicate to you by sending you e-mail or posting notices to your account, should you decide to create one to access and participate in Services. You agree that all any agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that they be in writing. To access these communications electronically and print copies for your records, you must have Internet access, as well as access to a printer or the ability to make hard copies.

You may choose to opt-out of electronic communications for legal notices regarding your rights and personal information, including notices of a security breach involving your personal information. To opt-out of electronic communications for legal notices or any other communication to you, please contact us using the contact information below. Your request will be implemented within:

All other communications will be sent electronically.

Changes to these Terms of Use

SERMO reserves the right to modify or amend these Terms of Use or any portion (including any Service-specific terms) at any time. Material changes will be posted conspicuously on the website and will be otherwise communicated to you online. All changes will be effective immediately upon their posting. Depending on your geographic location, and the nature of the changes you may be required to agree to any such modifications before access to the website or Services following the implementation of such modifications. Otherwise, by accessing the website or Services following posting of changes to the Terms of Use, you agree to all such changes.

NO MEDICAL ADVICE

SERMO does not provide medical services or medical advice. All SERMO Services are intended to be used by or for licensed healthcare professionals who will rely on their own professional discretion, judgment and knowledge in medical diagnosis and treatment.

IF YOU OR YOUR PATIENT ARE HAVING A MEDICAL EMERGENCY, AND YOU ARE WITHIN THE UNITED STATES, DIAL 911 IMMEDIATELY.

YOU ACKNOWLEDGE AND AGREE THAT ALL WEBSITE CONTENT IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED TO CONSTITUTE (I) MEDICAL ADVICE OR COUNSELING, (II) THE PRACTICE OF MEDICINE, (III) THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT, OR (IV) THE CREATION OF A PHYSICIAN-PATIENT OR CLINICAL RELATIONSHIP BY SERMO.

​DO NOT PUT OFF GETTING MEDICAL ADVICE, OR IGNORE MEDICAL ADVICE THAT YOU HAVE BEEN GIVEN, BECAUSE OF ANY CONTENT ON OR ACCESSIBLE VIA THE SERVICE. SERMO DOES NOT RECOMMEND ANY SPECIFIC TREATMENT, OR GUARANTEE THE ACCURACY, COMPLETENESS, OR SAFETY OF ANY CONTENT YOU MAY ACCESS VIA THE SERVICE. ANY ACTION YOU MAY TAKE AS A RESULT OF ANY CONTENT IS TAKEN AT YOUR OWN RISK, AND SERMO DISCLAIMS ANY LIABILITY ARISING OUT OF SUCH ACTION.

Our Services

SERMO and its divisions and affiliates provide the Services and this website solely for legitimate and lawful purposes only. Use of the Services or this website for promotional purposes or any unlawful purpose is expressly prohibited. SERMO may immediately terminate your access to the Services and/or this website in the event your use is in violation of this restriction, or any other terms and conditions of these Terms of Use.

The information and surveys that you may receive or participate in as a result of the Services are intended to be the confidential information of SERMO or its customer that is sponsoring the survey or predictive market. You may not disclose or publish your responses or content that you submit or receive through the Services and will maintain all such material as confidential.

MNOW (formerly LeadPhysician™ and LeadMedical™) Panel Services

By signing up with SERMO you become part of our MNOW Panel, formerly known as our LeadPhysician panel ("Panel"). Signing up to become part of our Panel allows you access to the below Services as well as eligibility to receive invitations to participate in market research surveys in the event such opportunities arise. Participation in our Panel is free. Once you sign up to participate in our Panel, SERMO (or its service providers on SERMO's behalf) may contact you multiple times via any and all contact information that you provide to SERMO.

You may only join the Panel once and therefore membership in the panel is personal to you and is not transferable to any other person. SERMO has the right to refuse any Panel applications. We use various technological and data collection methods to help track membership as further set forth in our Privacy Policy.

To register as a Panel member, you will be asked to provide information on key profiling demographics that we need, at a minimum, to ensure you are eligible to become a member of the Panel and to ensure that once you have successfully registered with the Panel that you have every opportunity to be invited to our surveys as may be applicable. You are responsible for ensuring that your personal details and your profile data at any point are true, accurate and current. Providing additional information as part of your profile, which is accessible on your personal member pages, is not required but may further increase your chances of being invited to surveys relevant to you as further set forth in our Privacy Policy.

It remains your responsibility to ensure your login credentials (e-mail and password) are kept confidential. SERMO will not be liable for any unauthorised use of your account, which includes unauthorised use of your email address and password.

If you no longer wish to be a member of the Panel, you may request to be removed from the Panel at any time. However, upon termination of your participation with the Panel, you forfeit any right to any honoraria or incentives not yet reimbursed to you. You can request your personal details to be removed from the SERMO active database and to have your participation in the Panel terminated by:

Failure to follow the stated procedure correctly may result in delay in the removal of your information from our databases. Your removal request will be dealt with promptly. However there may be a gap of up to 1 month between your request to be removed and the cessation of the receipt of any further e-mails from SERMO.

SERMO reserves the right to suspend or cancel panel participation, together with any outstanding honoraria or incentives, if applicable, if one of the following events occurs:

SERMO Interactive Services

Panel members also have the opportunity to participate in the following Services. As a Panel member, you will receive communications regarding the below Services as well as various advertising and marketing material as set forth in our Privacy Policy unless and until you opt out of receiving such materials as set forth in the Privacy Policy. Summaries of SERMO's MNOW Services are set forth below.

A. MedLIVE™ and MNOW Mini™

MedLIVE allows SERMO customers to create their own surveys, MNOW Mini. You may receive survey requests for MNOW Mini and/or from traditional market research surveys as a Panel member. All participation in MNOW Mini and any other survey is optional.

SERMO has no control or review over such MedLIVE survey content, which is solely generated by SERMO's customers. In addition, SERMO does not access or review any MNOW Mini survey responses, which go directly to the SERMO customer creating the survey. As a result, any MedLIVE customer creating their own MNOW Mini survey has sole responsibility for all adverse event ("AE") reporting that is required. SERMO HAS NO ACCESS TO ANY INFORMATION REGARDING ANY AE THAT MAY BE SUBMITTED AS PART OF ANY MNOW MINI RESPONSE AND THEREFORE HAS NO LIABILITY FOR ANY AE REPORTING. ANY MEDLIVE CUSTOMER IS SOLELY RESPONSIBLE FOR COMPLYING WITH ITS OWN AE REPORTING PROCEDURES AND COMPLYING WITH APPLICABLE LAWS AND REGULATIONS REGARDING AE. SERMO may assist with follow up to MNOW Mini responses as may be requested by the SERMO MedLIVE customer as such customer deems necessary customer's compliance with AE reporting obligations.

B. DocTango™ and MNOW Prognosis™

The DocTango Service allows SERMO customers to create predictive markets to help identify real time market events and/or trends. As a Panel member you may be asked to provide educated guesses on such DocTango predictive markets and submit responses through invitations via MNOW Prognosis. MNOW Prognosis responses submitted in response to DocTango predictive market events may be posted on a SERMO website along with your name and geographic location. SERMO also maintains a leader board for MNOW Prognosis participants that will be posted and maintained on the SERMO website. If you do not want your name or location posted in connection with a MNOW Prognosis response, do not participate in such DocTango predictive markets.

YOUR PERSONAL INFORMATION AS PART OF YOUR MNOW PROGNOSIS SUBMISSION MAY BE SHARED WITH SERMO CUSTOMERS THAT SPONSOR SUCH DOCTANGO PREDICTIVE MARKETS ONLY WITH YOUR CONSENT. UNLESS OTHERWISE SET FORTH IN THE APPLICABLE MNOW PROGNOSIS INVITATION, MNOW PROGNOSIS IS NOT CONSIDERED OR TREATED AS TRADITIONAL MARKET RESEARCH.

C. MedTHRED™ and MNOW™ Community

The MedTHRED Service allows our Panel members to create and participate in social networks, MNOW Communities, to communicate among others in the community. This Service also allows Panel members to submit information and feedback regarding various third party persons or entities in the community, whether or not such third parties receive any SERMO Services. SERMO has no responsibility or liability if any SERMO Panel members identify you or any other third party as a result of such Services.

Purchase and provision of any MedTHRED Services are subject to payment of any applicable fees and are subject to additional terms that may be agreed upon by the parties, including without limitation any posted Terms of Service entered into between you and SERMO.

D. MedNOW™

This Service allows SERMO customers to deliver interactive content and messaging to Panel members in targeted specialties and occupations. As an MNOW Panel member you will receive such communications as set forth in our Privacy Policy. SERMO has no control or review or such MedNOW content, which is solely generated by SERMO's customers.

Your Representations

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to be legally bound by these Terms of Use. You further represent and warrant that you are not in a country that is subject to a United States embargo and that you are not on the United States Treasury Department's list of Specially Designated Nationals. You agree to be responsible for your use of the website and any Services and to comply with your responsibilities and obligations as stated in these Terms of Use.

You further represent and warrant that any personal information that you may provide in signing up to participate in, receive, or purchase any Services is accurate. You may not forge or hide your true identity or pretend to be any third party.

If you are a physician or other health care professional registering to receive, participate in or purchase any Service, you represent and warrant that you are a qualified and practicing or otherwise a licensed physician or health care provider and that you will not rely on any Service in connection with the treatment or diagnosis of any person. If you are a physician or other health care professional, you further represent and warrant that you will comply with all laws, regulations and professional standards directly or indirectly applicable to you, including without limitation those relating to the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of patient information, including the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Health Information Technology for Economic and Clinical Health Act ("HITECH"), and all related regulations.

If you cannot make the above representations you may not use or access this website or its Services and must immediately cease any such access or use.

Restrictions on Your Use

You may view material from the website for your own personal non-commercial use. You may not download, reproduce or otherwise distribute any materials on this website without our prior express written consent and/or the consent of any third party copyright owner. You may not allow unauthorized users to access and/or use password-protected portions of the website, such as access to the Services.

Any rights that are not expressly granted by these Terms of Use, any Service-specific terms, or any applicable end user license agreements are reserved by SERMO.

You may not use this website or the Service to disclose or otherwise use any patient-identifiable data or any clinical or non-clinical data that is identifiable to any individual. You may not use this website or its content or the Services for any purpose prohibited or restricted by law, including without limitation laws related to unsolicited email messages, online communications with minors and privacy laws and regulations including those protecting "Protected Health Information" or in violation of these Terms of Use.

You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or engage in, facilitate or encourage any illegal activities. You may not interfere with or disrupt the website or the Services, such as by engaging in excessive usage, launching denial of service attacks, or uploading or transmitting viruses or other malicious code. In addition, you may not use spiders, robots or other automated data mining techniques to catalogue, download, store or otherwise reproduce or distribute content available on the website or to manipulate the results of any activity carried out on the website including, but not limited to, any studies or surveys via the Services.

You may not frame portions of the website within any other website, alter the appearance of the website or establish links from any other website to the website other than to the home page.

Third-Party Sites

SERMO has no liability for any third party content or website that you may access through this website, including without limitation any third party MedLIVE or MedNOW content. When you access a third party website, please understand that it is independent from SERMO, and that SERMO has no control over the website or its content.

In addition, SERMO does not endorse any third party whose website may be linked from this website. SERMO does not and cannot ensure that the propriety, security or accuracy of any third party website.

HONORARIA AND INCENTIVES BALANCES

1. PAYMENT POLICY

MNOW and its clients may present You with opportunities ("Opportunities") for interaction with MNOW and its clients. Participation in Opportunities may include interactions on third party websites. You may be offered compensation for participation in certain Opportunities. Your completion of such an Opportunity does not constitute confirmation of MNOW's obligation to compensate You for such participation. Compensation for such Opportunities shall require that You are automatically returned to the MNOW Site upon completion of such Opportunity and receive a confirmation message on the Site. No payments shall be made by MNOW without Your receipt of such confirmation page. The value of an Opportunity is subject to change at any time without notice. The criteria by which an Opportunity becomes eligible for payment is subject to change at any time. MNOW reserves the right at any time to withhold or cancel any of Your payments or fees due for any reason including any actions or omissions on Your part that are not completed, unauthorized, fraudulent or otherwise violate the terms of this Agreement.

2. EARNING

Should you participate as a Panel member to respond to surveys or other Opportunities as contemplated above, you may be entitled to honoraria or incentives for completed participation, depending upon the specifics of the survey or response opportunity. The value of your honorarium or incentive, communicated to you prior to survey participation, is dependent on multiple factors, such as the length of the survey and the complexity of the research project, the type of survey and related Service, and any local regulations in your jurisdiction. Upon completion of a survey or response opportunity for which you are entitled to an honorarium or incentive, the funds will be transferred to your Balance. The MNOW Balance program allows you to hold your honorarium in an MNOW maintained account (MNOW Balance). You will be able to either hold your honoraria or incentive in your MNOW Balance or choose to withdraw part or the totality of your balance by selecting an incentive type for the withdrawal. You will get to make the choice every time you access your Balance.

3. WITHDRAW

The honoraria and incentives that you earn are accumulated until withdrawn via your active account. In order to withdraw your honoraria, you must select "Withdraw" from the "Earnings Summary" page. All or some of your balance can be withdrawn to be issued using a number of methods as set forth on the "Earnings Summary" page, which may include such options as prepaid debit card, gift card, check, or donation to charity (not tax-deductible). MNOW reserves the right to substitute any honoraria or incentive for a reward of equivalent value or higher value if the applicable honoraria or incentive is not available for an unacceptable amount of time. If you have any issues with selecting payment, please contact us at support@mnow.com. Check or debit card payments are to be made to the individual MNOW balance account owner, as held on file by MNOW. You are responsible for the confidentiality of your account information as further set forth below. If a third party uses your account to withdraw your balance without your consent, MNOW has no liability for refunding or replenishing your balance.

4. PREFERRED STATUS

If you maintain a balance of $100 or more in your honoraria and incentive account, you will be deemed as "Preferred Status," which entitles you to more, prioritized placement in survey invitations.

5. INFORMATION SHARING AND THIRD PARTIES

MNOW reserves the right to appoint third party processors to process and administer any honoraria or incentives. When using third party providers, MNOW takes every care reasonable to ensure your privacy is protected. For more details on how your privacy is protected also see our Privacy Policy.

6. DELIVERY

MNOW takes all reasonable measures to meet its goal that any applicable honoraria and incentive payments are generally made to you within 1 to 6 weeks after your withdrawal, depending on your payment preference. The length of the payment time may vary depending on your country of residence and payment preference, as well as the particular survey sponsor. You are responsible to notify MNOW if you do not receive an honorarium or incentive that you believe you are due, within 6 months of completion of the applicable survey. Failing to do so may further delay or result in the waiver of your payment. MNOW shall not be liable for any losses suffered due to any errors in the administration of honoraria or incentive due to incorrect payment details that you provide to MNOW.

7. TAXES

You are responsible to declare any taxes, if due, to your local financial authorities as a result of honoraria or incentives that you receive as further set forth below. MNOW will not be liable for any taxes or for providing any assistance on tax matters. For Panel members in the United States, MNOW will issue a 1099 federal tax form in the event you receive honoraria or incentives in the amount of $600.00 or more. Details on any honoraria or incentives paid to you can be found on your personal pages.

8. CANCELLATION AND CHANGES TO BALANCE

MNOW reserves the right to quarantine or cancel your balance of honoraria or incentive due, in whole or in part, if it suspects fraud, foul play or breach of any of the clauses set out in our Terms of Use.

MNOW reserves the right, to amend or withdraw any funds credited to your Balance in error.

MNOW reserves the right to revert your honoraria or incentive if it has not been claimed or used for a period of 11 months from the date of issue. After the 11 month period any reverted honoraria or incentive will be reissued upon request of the recipient. However the request must be submitted to support@mnow.com, within 6 months of the expiry of the prior 11 month period, failure to do so will result in the honoraria or incentive being forfeited. It is your responsibility to keep track of any payments you may be due.

9. INACTIVITY

MNOW reserves the right to close your MNOW Balance account if it has been inactive for a period of 11 months from the date of the last withdrawal or last survey or response opportunity completion, whichever is the most recent. All funds in closed MNOW Balances will be forfeited.

Security

Carefully choose, use, and save your passwords for any private access portion of this website, such as the Services access. SERMO has no control over use of passwords, and cannot tell whether someone else is accessing the website under your password. As a result you are solely responsible for any use of your password or other login information by you or any third party and SERMO has no responsibility or liability for any such use. If you become aware of any unauthorized use of your password, you must promptly notify SERMO at support@mnow.com

​Website Content

Although SERMO attempts to ensure the integrity and accuracy of the content on the website and Service, it makes no guarantees whatsoever as to the correctness or accuracy of such content. It is possible that the website and its content could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the website by third parties. In the event you become aware of an inaccuracy, please inform SERMO so that it can be corrected, by contacting us at support@mnow.com.

NEITHER SERMO NOR ANY THIRD PARTY SOURCE MAKES ANY WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES, THE WEBSITE OR ANY CONTENT OR INFORMATION CONTAINED WITHIN IT. ANY SOFTWARE THAT MAY BE DOWNLOADED FROM THE WEBSITE IS THE RESPONSIBILITY OF THE THIRD PARTY SOFTWARE PROVIDER. SERMO DOES NOT ACCEPT ANY LIABILITY FOR LOSS OR DAMAGES CAUSED BY ANY SUCH SOFTWARE.

The website or Services may contain health or medical related materials that you find sexually explicit or otherwise offensive. SERMO accepts no responsibility for such materials. Use of the website and any Service is at your own risk.

Information or Services contained on the website may be changed or updated without notice. SERMO is constantly improving the Services in order to provide the best possible experience for you and other users. You acknowledge and agree that the form and nature of the Services that SERMO provides may change from time to time without notice to you. You acknowledge that SERMO may decline to provide you access to the Service or stop (either permanently or temporarily) providing the Service or any features or programs within the Services. You may stop using the Services at any time.

You are responsible for the accuracy of information that you submit to us via this website. We have no obligation or liability for any information that you provide.

The views and opinions express on the website or through any Services you may access from this website are not necessarily those of SERMO.

User Content Guidelines

The Services available on this website may allow you and other Panel members as well as SERMO customers to create content and/or to respond to such content posted or submitted by others via surveys, survey responses, postings or otherwise, which content is neither generated nor controlled by SERMO.

SERMO has no obligation to back up any surveys, survey data, response data or other materials.

By accessing or using this website and providing any content, you agree to abide by the following guidelines:

  1. You must maintain a polite, pleasant environment. You may not submit content to harass, abuse or threaten others.
  2. You must ensure that all content you provide is appropriate. Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.
  3. Your content must be original to you, or you must otherwise have the right and/or license to use and submit your content.
  4. You may not forge or hide your true identity in any postings or emails.

All users of this website and Services must also follow any other guidelines or rules provided by SERMO or posted on this website for such content, including without limitation any Service- specific terms. A failure to comply with any of these guidelines or rules, or any of the other provisions of these Terms of Use, will result in, among other possible action, the immediate termination of all access and privileges to submit content. Please report any violations of these guidelines to SERMO at interactive@SERMO.com.

You are solely responsible for the content you communicate or submit. SERMO has no liability for your content. Although SERMO is not obligated to monitor content or the accuracy of information submitted through this website, you acknowledge and agree that SERMO, in its sole discretion, has the right to monitor, without notice, any such content or information made available via this website. SERMO also reserves the right, in its sole and absolute discretion, to prohibit any conduct and remove any content, without notice, for any reason, and to revoke any user’s access, for any reason. SERMO may also limit, remove or delete any data or other information stored, submitted or used in connection the Services that SERMO in its sole discretion deems to be in violation of this Agreement or any applicable federal, state or local law, regulation or ordinance. SERMO also reserves the right to review any content you may send to the website and may decide, in its sole discretion, whether or not your submission is appropriate.

SERMO will cooperate with any governmental authority in connection with any inquiry into any user or any user content and may disclose information pertaining to any user and any user content to any governmental authority as may be requested.

Your User Content License

In the event you choose to submit content through the website or any Service, you retain copyright and any other rights you already hold in such content that you submit, post or display on or through, the Service. By submitting, posting or displaying the content you give SERMO a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, sell and otherwise exploit or use any content which you submit or post on or through the Service in any manner or media whatsoever, now known or hereafter developed.

Other than the limited license set forth in this Section, SERMO acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Use in or to any content that you submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with SERMO, you agree that you are responsible for protecting and enforcing those rights and that SERMO has no obligation to do so on your behalf.

In connection with your content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize SERMO to use such content in the manner contemplated by the Service and these Terms of Use. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant SERMO all of the license rights granted herein.

You understand that SERMO, in performing the required technical steps to provide the Service to our users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media.

Copyright Agent

If you believe that your copyright in any material has been infringed by material available on this website, please provide our Copyright Agent with all of the following information in the form prescribed by Section 512 of Title 17, United States Code:

  1. a description of the copyrighted work you claim has been infringed,
  2. a description of the material that you claim is infringing, identified with sufficient detail for us to identify it,
  3. your address, telephone number and e-mail address,
  4. a statement by you that you have a good faith belief that the disputed use is not authorized,
  5. a statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf, and
  6. a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.

SERMO's Copyright Agent for notice of claims of copyright infringement on this website can be reached as follows:

Edward Russavage
Wolf Greenfield
erussavage@wolfgreenfield.com

You understand and agree that: (1) SERMO assumes no liability or responsibility for any third party content or material of any kind that is submitted to or posted on the website by you or by any other users or third parties and (2) SERMO is merely a transmitter of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.

Intellectual Property Rights

The website and its content is the property of SERMO, its affiliates or its third party sources and vendors. The website and its content are protected by federal and international copyright and trademark laws. The distinctive and original layout and presentation of the website also constitutes protectable trade dress under applicable federal law.

The SERMO brands and trademarks on this website, or otherwise related to the Services, including without limitation, "SERMO," "MNOW," "LeadPhysician," "MedLIVE," "MedTHRED," "MedNOW," "DocTANGO" and the logo, are trademarks and service marks of SERMO. All other trademarks, service marks and logos used on this website are the trademarks, service marks or logos of their respective owners.

No portion of the materials on these pages may be reprinted, republished, modified or distributed in any form without the express written prior permission of SERMO and/or any third party copyright holder. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to SERMO or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

Any information, suggestions, feedback or other material that you provide to us, except your personally identifiable information, will not be treated as confidential or proprietary. SERMO has a right to use any ideas, concepts, know-how or techniques that you choose to share with SERMO for any purpose (including without limitation commercialization) and without compensation to you.

NO WARRANTY

THIS WEBSITE AND THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND SERMO DISCLAIMS ALL SUCH WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

SERMO cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. SERMO cannot and does not guarantee or warrant that this website or the Services will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Neither SERMO nor its vendors warrant or guarantee that the functions or Services performed in or available on the website will be uninterrupted or error-free or that defects in the website or Services will be corrected.

SERMO MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, USE OF THE SERVICES OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS WEBSITE. SERMO HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS OR USE OF THE INTERNET AND THIS WEBSITE AND SERVICES. You acknowledge and agree (1) that your use of this website is at your own discretion and risk, (2) that use of any Services, material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.

No advice or information, whether oral or written, obtained by you from SERMO or in any other manner from this website will create any warranty.

LIMITATION OF LIABILITY

NEITHER SERMO, ITS DIVISIONS, ITS AFFILIATES, ANY THIRD PARTY SUPPLIER NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE RESPONSIBLE OR LIABLE TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR ACCESS OR USE OF THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES.

FURTHERMORE, NEITHER SERMO, ITS DIVISIONS, ITS AFFILIATES, ANY THIRD PARTY SUPPLIER NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR ANY CONTENT ON THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SERMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, OR SERVICES AND/OR ANY DAMAGE RESULTING FROM THE WEBSITE IS TO STOP USING THE WEBSITE, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. IN NOT EVENT WILL SERMO BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF $100.00 US, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You will indemnify, defend and hold harmless SERMO, its divisions, its affiliates and their respective officers, directors, employees and agents from and against all losses, expenses, liabilities, damages and costs, including without limitation reasonable attorney fees, resulting from or arising from (i) any use or misuse of any Services, (ii) any use of your password, (iii) use of the website or its content, (iv) SERMO's use of any content provided by or on behalf of you, (v) any violation of these Terms of Use or (vi) violation of any applicable laws or regulations.

Release

YOU RELEASE SERMO, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ARISING OUT OF OR IN ANY WAY CONNECTED TO ANY DISPUTE IN CONNECTION WITH THE RESULTS OF YOUR DECISIONS RESULTING FROM USE OF THE SERVICES.

YOU EXPRESSLY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE 1542 AND ANY OTHER SIMILAR PROTECTION WHICH SAYS THAT "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Privacy Policy

As noted above, use of this website is also governed by the terms of the SERMO Privacy Policy, which is incorporated into these Terms of Use by this reference

SERMO uses encryption technology during the collection of personally identifiable information to protect the personally identifiable information as we collect from you, as further described in our Privacy Policy. However, we cannot ensure that your information will not be hacked, intercepted or misused by others.

SERMO may publish or disclose survey results to the extent the survey results are previously made public by the survey owner.

Disputes, Choice of Law and Venue

These Terms of Use are a binding agreement between you and SERMO, entered into in the State of New York, and will be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. If you are located in the United States or Canada, each party to these website Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the State and City of New York, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. If you are located outside the United States or Canada, any dispute between the parties will be subject to binding arbitration to be conducted pursuant to the arbitration rules of the International Chamber of Commerce, with such arbitration to be conducted in either London, United Kingdom or Hong Kong. All proceedings will be conducted in English.

In any action to enforce these website Terms of Use, SERMO will be entitled to all costs and attorney fees it incurs. In the event that any of the website Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions will be limited or eliminated to the minimum extent necessary so that these website Terms of Use shall otherwise remain in full force and effect.

Any cause of action or claim you have regarding the website or the Service must be commenced within one year after the claim or cause of action arises or the claim or cause of action is barred.

Notice may be given to you as a user of this site by posting information to this site. Notice may be given to SERMO only by delivery to:

200 Park Avenue South, Ste 1301
New York, NY 10003
United States

Entire Agreement

These website Terms of Use, along with the SERMO Privacy Policy and any related Service terms as may be posted from time to time, constitute the entire agreement between SERMO and you pertaining to the subject matter hereof.

In the event of any termination of this Agreement or your access to the Services, the provisions relating to Your Representations, Intellectual Property Rights, No Warranty, Limitation of Liability, Release, Indemnity and Disputes, Choice of Law and Venue survive any termination of this Agreement and the termination of your access to the Services.

Any translation of these Terms of Use, Privacy Policy or any other terms between the parties are for the convenience of the parties only. The binding version will be the English version.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at support@mnow.com.

North and South America
200 Park Avenue South, Ste 1301
New York
NY 10003
United States

Europe and Africa
WorldOne Research dba SERMO
3 Murphy St
Floor 3
London SE1 7FP
United Kingdom

Australia and Asia
Unit 504, No. 3 Building
5 Software Park Road
Dalian, P.R. China, 116023