Introduction
1.1. The following terms and conditions ("Terms Of Use") govern all use of the Broadcast Med LLC website located at www.cmetrail.com, and all services, products offered by us including the Broadcast Med LLC Content (collectively, “Services”) made available by Broadcast Med LLC, having its principal place of business at 418 Broadway STE R, Albany, NY, 12207 (“Broadcast Med LLC” or “We” or “Our”).
1.2. We are a continuing medical education company that provides medical education to healthcare professionals. Our core educational curriculum centers around clinical-based questions that simulate clinical practice and are based upon clinical practice guidelines.
1.2.1. We offer a Medical guidelines application (which provides access to recommendations of medical experts in a streamlined format whereby users may understand the strength of expert recommendations and level of evidence for such recommendations) (“Clinical Guidance”).
1.2.2. We offer a clinical question bank tool that helps simulate clinical practice by presenting clinical scenarios and allows a user to test their knowledge. (“Question Bank”).
1.2.3. We have also developed an algorithm tool that allows a user to systemically manage a patient's condition and provides useful information concerning the efficacy, cost, safety, and alternative therapeutic options to the provider and patient (“Application”).
1.2.4. We also plan to offer a Price Transparency Tool (which allows a user to view the prices, treatment options, effectiveness of the medication to treat any particular disorder and a number of pertinent clinical endpoints, and drug related information which enables healthcare consumerization) (“Price Transparency Tool”).
1.2.5. We also plan to offer a CME Tracker (which allows a user to keep track of CME credits obtained/to be obtained and view related links and useful resources pertaining to the same) (“CME Tracker”).
All the foregoing services are solely meant for healthcare professionals (physicians, nurse practitioners, physician assistants) based in the USA. The details of all our services are stated on the website and also under these Terms of Use below. We also offer a free trial and a referral program.
1.3. Please read these Terms of Use which will govern Your access, registration, and use of the Services. If You do not agree with these Terms of Use, please do not access or use any Services.
1.4. By using any Services, you represent and warrant that:
-> You are above the age of majority as per the applicable laws to which You are subject.
-> You are of sound mind and have the right, authority, and capacity to agree to and abide by these Terms of Use.
-> If You are accessing any Services on behalf of another person, You are authorized to act on behalf of such person and have the full authority to bind such person to this Terms Of Use.
1.5. We reserve the right to deny access to or offer any Services to any person or entity.
Account Creation
1.6. If You create an account for using any of the Services, You are responsible for all activities that occur under the account and any other actions You take thereto. If You are a minor, You may only register for and use the Services under the supervision and guidance of an adult or Your guardian or parent, in which case the adult or the guardian or parent shall be deemed to be the User and shall be responsible for any activities.
1.7. You will provide Broadcast Med LLC with Your accurate, complete, and true contact details (and promptly update the same as needed) including but not limited to name, age, telephone, email, postal address, employer, current position, and specialty. We may attempt to verify the accuracy, completeness, or truthfulness of the information You have provided and update it as necessary.
1.8. You agree not to:
1.8.1. Create or access an account using a false identity or any false or inaccurate information
1.8.2. Create an account if you have been previously removed or banned by Us
1.8.3. Have more than one account at any given time unless expressly permitted by Us
1.9. You will be responsible for maintaining the confidentiality and security of your account including the login credentials, username, and password while accessing the Services. If you feel that the security of your account information is compromised, you shall immediately change your username and password. You should also notify Us of any unauthorized uses of Your account or any other breaches of security. We will not be liable for any unauthorized access to or use of Your account.
Description and Use of Services
1.10. Clinical Guidance: We summarize the recommendations of clinical practice guidelines in a format that makes those recommendations accessible, easier to understand, and to incorporate within clinical practice. Furthermore, our user centric format allows the users to be able to quickly understand what a particular guidelines strength of recommendation means and the underlying evidence upon which they are making that recommendation. The original and complete clinical practice guideline can be referenced via a link from within a singular central platform. You should follow ethical principles including patient confidentiality, informed consent, and professional conduct when applying the Clinical Guidance.
1.11. Question Bank: We offer a clinical question bank tool that helps simulate clinical practice by presenting clinical scenarios and allows a user to test their knowledge. We offer 1000+ clinical based questions that cover 20+ specialties with answer options, a learning objective, explanation to both correct and incorrect answer options and a bibliography section, where a user can reference further information regarding the subject matter of the question. Users have the ability to understand their strengths and weaknesses with respect to a particular specialty and/or subgroup within a specialty. They can compare their performance with other users with respect to overall performance. They can revisit previous tests to learn and/or review previous performance. Each test can have a maximum of 60 questions. 90 seconds are allotted for each question. Users’ can claim AMA category 1 CME credits for their usage of this application. We award credits based upon the number of correct answers to questions. CME credits can be claimed with certificates generated that can be provided and are recognized by all state licensing and certifying boards in the USA, allowing a user to remain in compliance of continuing medical education requirements. You are specifically prohibited from indulging in activities such as cheating, sharing answers with others, or attempting to access or download large portions of the Question Bank. You should adhere to a code of honor or professional ethics when using the Question Bank. The Question Bank is intended for educational purposes only and should not be used for clinical decision-making or patient care.
1.12. Application or Algorithms: Our Application has 400+ diagnostic and management algorithms that systematically take you through the process of comprehensively managing these medical disorders. Each algorithm provides a tremendous amount of information in a step by step format asking the key pertinent questions at the right time making it digestible and simplistic. Each algorithm with respect to diagnostic testing and interventions presents the advantages/disadvantages, cash cost price via our partnership with Rx Sense Inc. d/b/a Single Care, and the other options that are available for that circumstance with which to treat that condition.
1.13. Price Transparency Tool: This application is still in development with plans to be released in the future and allows any user to see all the options that can be used to treat any indication, the effectiveness of each of the options at treating the indication in question with respect to pertinent clinical endpoints, the costs associated with each of these medications, in partnership with Rx Sense d/b/a Single Care, and the advantages/disadvantages of each particular option. This application is designed to enable consumers and physicians to make buyer decisions around medical conditions as they would in everyday life. This application is intended for educational and informational purposes, not for making medical decisions without consulting a qualified healthcare professional.
1.14. Availing the Question Bank and performing necessary desired actions by you in relation to the same may enable you to obtain continuing medical education credits for the purposes of meeting your state licensing and board requirements. We are accredited by the American Academy of Family Physicians to provide AMA category I CME credits that can be recognized and utilized for the purposes of maintaining board certification requirements and state licensing requirements. We offer up to 120 CME credits throughout the year. We award credits based upon the number of correct answers to questions. You are advised to read and understand the credit system or point system that is being created by the American Medical Association and was adopted by the accrediting boards and state licensing authorities which details are available at https://www.ama-assn.org/education/ama-pra-credit-system/ama-pra-credit-system-requirements. We are currently accredited by the American Academy of Family Physicians to provide AMA PRA Category 1 Credits that are recognized by state licensing and board certifying bodies to meet the requirements for state licensing and maintenance of board certification.
1.15. The Services are protected by copyright and other intellectual property and proprietary rights laws throughout the world. Subject to the Terms of Use and your payment of applicable fees, Broadcast Med LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services as permitted herein.
1.16. You can only use the website to access and view, certain portions of Broadcast Med LLC Content and use other Services on the terms herein.
1.17. The use of the Services is for your personal, educational, and non-commercial purposes.
1.18. You can use the relevant Services to improve your clinical practice skills and gather information regarding a drug or an interventions efficacy, cost, safety, and alternative therapeutic options, accessing information related to recommendations on medical guidelines created by experts and also understanding the strength of the recommendations, view the prices, treatment options, effectiveness of the medication to treat any particular disorder, drug related information and keeping track of CME credits.
1.19. The relevant Services can be used only for the subscription term as chosen by you and provided the subscription is active.
1.20. Any user that uses the relevant Services shall be provided a single license and log-in which shall not be shared with any other person.
1.21. The use of our Services is subject to these Terms of Use and specifically related to copyright and licensing terms, conditions related to non-modification, sharing and distribution. We may implement monitoring mechanisms to track the usage of your Services. The Services are intended for educational purposes and decision support, not as a substitute for the clinical judgment of healthcare professionals. You should report any instances of misuse. You may be subject to penalties or consequences for misuse of the Services including legal actions, revocation of access privileges, or other appropriate measures.
Restrictions
The rights granted to You are subject to the following restrictions:
1.22. You shall not use, copy, steal, disclose, decompile, reverse engineer, disassemble, adapt, modify, prepare derivative works, distribute, license, sell, transfer, transmit, publicly display, publicly perform, stream, broadcast, or otherwise exploit the Services except as expressly permitted herein.
1.23. You shall not remove any copyright, trademark registration, or other proprietary notices from the Services.
1.24. You shall not infringe or use any of Our brands, logos, trademarks, or other proprietary marks for Your use.
1.25. You shall not use the Services to advertise any products or services.
1.26. You shall not use the Services in any way which is harmful to Broadcast Med LLC's interests.
1.27. You shall not use any software (including any automated software), devices, or another mechanism to "scrape" or download data from any web pages contained in the Services. For the avoidance of doubt, a) any Services provided with a free trial program will not be used for any scraping purposes and Broadcast Med LLC may restrict the access to certain content of the Services; b) a user may not be able to view or access the entire content that is available with the applicable services in question if any Services are provided with a free trial program.
1.28. You shall not use the Broadcast Med LLC Content for any similar companies, forums, or platforms that are similar to Our Services or use the Broadcast Med LLC Content to compete with or directly or indirectly be involved in a business that competes with Broadcast Med LLC.
1.29. You shall not transfer or disseminate with anyone any of the Broadcast Med LLC Content (including Clinical Guidance) to facilitate a) unfair competition with Broadcast Med LLC, b) illegal activities.
1.30. You shall not build a similar or competitive product or service using similar ideas, features, functionality, or graphics of the Services.
1.31. You shall not attempt to circumvent any technological measures related to the Services.
1.32. You shall not interfere with or disrupt any of the Services.
1.33. You shall not interfere with the access or use of Services by other Users.
1.34. You shall not intrude into other Users' privacy rights or harvest information about other Users.
1.35. You shall not transmit or introduce any kind of virus or malware or harmful codes in the Services.
1.36. You shall not use the Services in any way not permitted or authorized by these Terms of Use.
1.37. You shall not impersonate or misrepresent Yourself while using the Services.
Fees
1.38. You agree to pay to Broadcast Med LLC, as applicable, such fees (plus any applicable taxes) for such Services as specified on the website.
1.38.1. You have the option to purchase
1.38.1.1. Clinical Guidance + Application + Question Bank+ Gift Card OR
1.38.1.2. Clinical Guidance + Application + Question Bank (with No Gift Card).
1.39. The details of all such fees along with the applicable subscription term for each are stated on the website.
1.40. All fees are payable in advance and non-refundable except as stated herein.
1.41. Prices for our Services are subject to change without notice and you are advised to check our website regularly.
1.42. We reserve the right to refuse to provide any of the Services to any user.
1.43. We reserve the right to limit the sales of any of our Services to any user, geographic region, or jurisdiction.
1.44. We are currently (the last date of this offer will be specified on the website) offering You a gift card (either Amazon or Visa) for the purchase of the Application + Question Bank + Clinical Guidance from Us by paying the necessary fees. If you purchase the Application + Question Bank + Clinical Guidance, any fees that you pay for the purchase shall be non-refundable. The gift card cannot be combined with other coupons, discounts, or gift card offers. The gift card cannot be redeemed for cash or credit. You are advised to consult your employers' policies regarding receipt of gift cards should you be seeking reimbursement for any Services purchased herein. You will receive your gift card via email or mail within 4-6 weeks of your purchase. You will have 365 days to claim your gift card after it has been sent to you. You must be a US resident to receive a gift card. Amazon and Visa gift cards are subject to the terms of the respective gift card issuer and the terms and conditions set forth on the respective gift card. Applicable taxes and shipping will be included in the value of the gift card. Amazon and Visa shall not be considered participants, endorsers, approvers, or sponsors of Our promotions. Amazon and Visa and their respective trademarks or service marks are not affiliated with us. You are suggested to consult your tax advisor for understanding the tax implication of the gift cards as the gift card value is not a tax-deductible professional expense and any reimbursed amount may have to be declared as personal income for tax purposes.
1.45. For any Clinical Guidance, We do not provide any hard copies of material. Any materials if provided by Us will only be provided in electronic version through our website online. Any such materials provided by Us shall be considered Broadcast Med LLC Content and subject to the restrictions herein.
1.46. We may collect any transaction fee for certain types of Services as notified on our website. The refunded gift card amount provided to the consumer shall be subject to a deduction equal to the credit card network transaction fee, which is calculated as a flat rate of 2.5% of the gross purchase price. This deduction represents the cost incurred in processing the original transaction, and it shall be subtracted from the gross purchase price before refunding the gift card amount to you. In the event that you opt to utilize Apple Pay as your chosen payment method, you shall be exempt from bearing any credit card network transaction fees associated with the respective transaction.
1.47. If you subscribe to any of our paid Services, the period of such paid Services will be notified to you when you are placing the order (“Initial Term”). At the end of the Initial Term, your subscription will not be automatically renewed for successive such additional periods unless you subscribe manually for another term of your choice.
1.48. By availing any of the paid Services, you expressly authorize Us and the applicable payment processor to charge your applicable payment method for the collection of fees due herein (including for upgrades, the Initial Term, as applicable).
1.49. We reserve the right to discontinue any Services at any time.
1.50. Our refund and cancellation terms are as under:
1.51. Cancellation for Services about Clinical Guidance + Application + Question Bank
1.51.1. Clinical Guidance and Application + Question Bank purchased via a gift card or without a gift card are not eligible for a cancellation or refund.
1.51.2. If any order is canceled from our end, We will contact you and refund the amount paid.
1.52. Regarding our Referral Program, you agree that:
1.52.1. You are eligible to refer others only if you make a purchase between $999 - $4999. The Referrer means a person (you) who already has an account on our website and will be shared a unique referral code subject to you making a purchase of the amount stated in foregoing.
1.52.2. The Referred Person means an individual who is a new user to our website, creates an account on our website and makes the purchase using the referral code shared by you. The Referred Person must be a legal resident of the United States of America and of the age of majority.
1.52.3. Once the Referred Person makes a Qualified Purchase, you will be provided with additional cashback as stated on the website. Participants in our referral program are eligible to receive a cashback of up to 80% of their initial purchase. Participants will receive incremental cashback amounts for each person they successfully refer to our program, up to a maximum of three referrals. Upon successfully referring the first person, participants will receive a cashback equivalent to [Specify the percentage or amount] of their initial purchase price. For the second referral, participants will receive an additional cashback equivalent to [Specify the percentage or amount] of their initial purchase price. Upon successfully referring the third person, participants will be entitled to receive a cashback equal to 80% of their initial purchase price. The cashback will be provided to participants in the form of a gift card, which can be used for future purchases with us.
1.52.4. The cashback will be reflected in your account (in your dashboard) and you will be notified via email after _1__ day of purchase made by the Referred Person. If any Referred Person initiates cancellation or refund of any purchase within the above stated period, then you shall not be eligible for any cashback under this program.
1.52.5. The cashback will be subject to deduction of any applicable taxes.
1.52.6. A “Qualified Purchase” means that all the following conditions are met:
1.52.6.1. The Referred Person completed a purchase of equal or greater value (in one single order) which is made by you. For instance, if you make a purchase for $1999, the Referred Person must make a purchase of $1999 or more for you to be eligible for the cashback under this program.
1.52.6.2. The purchase should be made only through our website.
1.52.7. We may not provide any cashback to you (and may even close your and the Referred Person’s account) even though the Qualified Purchase was made in case where we reasonably believe that you or the Referred Person has committed any acts of fraud or misconduct or abuse under this referral program, or where you or the Referred Person has violated any provisions of these terms and conditions.
1.52.8. You should not falsify, deceive, misrepresent, or mislead us regarding the Referred Persons.
1.52.9. You should not abuse this referral program, for instance by creating multiple accounts.
1.52.10. The cashback offer provided under this program is non-transferable.
1.52.11. If the referral program is terminated by us in whole or in part, any unredeemed cashback that have not yet been used by you shall be considered as forfeited.
1.52.12. If you submit any information about the Referred Person, you warrant that you have the necessary authority from them to submit such information to us and all such information obtained by us will be processed as per our privacy policy. We may send communication to the Referred Persons (and any such communication may be sent on your behalf especially in regard to their purchase and give us express authority to send such communications to them).
1.52.13. You must comply with all applicable laws while using this program including “SPAM” laws. For instance, you should not make bulk e-mail distribution.
1.52.14. We shall not reimburse or credit you for any marketing expenses that you may incur under this program.
1.52.15. Any self-referrals made by you or referrals of existing users of any of our Services made by you, shall not, in each case, make you eligible to receive any cashback under this program.
1.52.16. Any decision regarding your eligibility of cashback offer under this program shall be taken by us and shall be considered as final.
1.53. In the case where you utilize both the Price Transparency Tool and a valid coupon code to obtain group discount pricing for a particular drug, we shall be entitled to a commission of $2.50 for each occurrence when you apply the specific coupon code associated with a drug within our partnership with Rx Sense Inc. d/b/a Single Care.
Your Content
1.54. If you submit any content of yours to Us, then You grant us a worldwide, non-exclusive, fully paid-up, royalty-free, sub-licensable, transferable, perpetual right to use, copy, reproduce, modify, publish, transmit, disseminate, distribute, display, market, promote, sell, create derivative works from, and otherwise exploit such of your content in any form or medium whatsoever to provide, maintain, support, update or upgrade the Services and for conducting internal testing.
Intellectual Property Rights
1.55. The Services and all trademarks, service marks, graphics, logos, designs, elements used in connection with the same, or any other information, content, or materials of any kind available on the website or made available through the Services are trademarks or copyrights or other intellectual property rights of Broadcast Med LLC or its licensors and may not be used without Our permission.
1.56. Your use of the Services does not grant you any right or license to reproduce or otherwise use any of the intellectual property rights of Broadcast Med LLC or its licensors except as expressly stated herein.
1.57. All ownership rights in the Services shall stand vested in Broadcast Med LLC. The use of the term “purchase” in conjunction with the availing of any Services shall not be considered as a sale of the Services.
Confidential Information
1.58. All information within the Services and any other non-public information disclosed to you or accessed by you in the course of your access and/or use of the Services (“Confidential Information”) shall be kept strictly confidential by you. You agree to use this Confidential Information only for availing the Services and not for any other purpose. You shall not disclose this Confidential Information to any third except with our prior written consent of us.
Non-Transferable
1.59. You will not transfer Your account or
access to the Services to any other person or entity without Broadcast Med LLC's consent. This Terms of Use, Your rights and obligations hereunder, shall not be assigned, subcontracted, or transferred by you without Our prior written consent, and any attempted transfer shall be considered as a violation of these Terms of Use.
1.60. Broadcast Med LLC reserves the right to assign these Terms of Use to any third party without Your consent.
Privacy Policy, Communications and Consent
1.61. The Broadcast Med LLC Privacy Policy, located at www.cmetrail.com provides information about Our collection, use, and disclosure practices related to the personal information of users and is incorporated into this Terms of Use.
1.62. You agree to use the Services as per the Privacy Policy.
1.63 Marketing Communications: By providing your contact information to us, including your email address and/or phone number, you consent to receive marketing communications from us via email, SMS/text messages, and phone calls. These communications may include information about our products, services, promotions, and updates.
1.64 We comply with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act. All commercial emails sent by us will:
1.65 Compliance with FTC Guidelines on Marketing and Advertising: Our marketing practices adhere to the Federal Trade Commission (FTC) Guidelines on Marketing and Advertising, ensuring that:
1.66 Compliance with Telephone Consumer Protection Act (TCPA): We adhere to the Telephone Consumer Protection Act (TCPA) regulations regarding telemarketing and text messages. In accordance with the TCPA:
Third-Parties
1.63. The website may contain links to third-party websites or resources which are not part of Broadcast Med LLC. Broadcast Med LLC does not:
1.63.1. Control, review or monitor such sites
1.63.2. Make any warranties or representations concerning such sites
1.63.3. Endorse such sites or any of their products or services
1.64. Broadcast Med LLC shall not be responsible or liable for these websites including but not limited to their resources, content, availability of the content, and information therein.
1.65. You agree to use all such third-party sites at Your own risk.
1.66. Your dealings with or participation in any activities with any third parties located through the use of Services are solely between You and such third party. Broadcast Med LLC shall not be responsible or liable for any loss, claims, or damage of any kind whatsoever arising or incurred due to such third-party dealings.
1.67. Some of the content available from any of the Services may be sourced through third-party sources and you should respect and comply with the terms and conditions of such third-party content as per their license terms.
Notice and Take Down Procedures
1.68. If You believe that Your material has been copied and posted on any of our Services in a way that constitutes copyright infringement, please provide Our Copyright Agent with the following information:
1.68.1. Description and location of the copyrighted work that You claim has been infringed
1.68.2. Identification and location of the material that You believe to be infringing
1.68.3. Written statement by You indicating that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
1.68.4. Statement by You, made under penalty of perjury, that the information in your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf
1.68.5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
1.68.6. Your address, telephone, and email address
1.69. Contact information for Broadcast Med LLC Copyright Agent for providing the above notice is Broadcast Med LLC, having its principal place of business at 418 Broadway STE R Albany, New York, New York 12207 email: support@cmetrail.com
Termination
1.70. Except as otherwise stated herein, these Terms of Use will continue until terminated following the terms herein.
1.71. Either you or we may terminate the subscription for any of the free Services immediately without cause by providing written notice to the other party.
1.72. Your subscription for any paid Services will terminate at the end of the Initial Term.
1.73. If We terminate any of the paid Services, then we will refund the pro rata portion of the fees for the term of the subscription that you weren’t able to access or utilize our Services. However, if We terminate your paid Services for your breach of these Terms of Use or any breach of any applicable law or proprietary or privacy rights of any third party, you will not be eligible for any refund.
1.74. We may without prior notice discontinue Your use of any of the Services or delete Your account, with or without notice, for reasons including but not limited to:
1.74.1. Your breach of any provisions in the Terms of Use
1.74.2. As required by law or directed by any regulatory authorities
1.74.3. Any security issues
1.74.4. Our decision to discontinue the Services (or any part thereof)
1.75. We may from time to time suspend or terminate access to all or a part of any Services, or limit the availability and accessibility to You as per Our discretion and without any reason.
1.76. Upon termination of your account or any part of it, your right to use such Services will automatically terminate immediately. You agree that all suspensions or terminations shall be made at Our sole discretion, and we shall not be liable or responsible to You or any third party for any resultant damages or claims arising or resulting to You or any third party due to such termination.
Disclaimer
1.77. THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED ON AN "AS IS" BASIS AND AN "AS AVAILABLE" BASIS WITH ALL FAULTS.
1.78. WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, PERFORMANCE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE.
1.79. THE ACCESS AND USE OF SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OR LOSS, OR CLAIMS RESULTING FROM SUCH PROBLEMS.
1.80. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR VIRUS-FREE OR BUG-FREE OR UNINTERRUPTED OR SECURE, OR THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
1.81. WE DO NOT PROVIDE ANY WARRANTY THAT THE BROADCAST MED LLC CONTENT IS THE LATEST, ACCURATE, TRUTHFUL, AND RELIABLE. CERTAIN OF THE SERVICES ARE ONLY INTENDED AS A REFERENCE TOOL.
1.82. YOUR RELIANCE UPON THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR USING YOUR PROFESSIONAL JUDGMENT. YOU ARE ADVISED TO CONFIRM AND INTERPRET THE FINDINGS AND INFORMATION IN OUR SERVICES BEFORE APPLYING THEM IN A PROFESSIONAL PRACTICE SETTING. WE ARE NOT RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS THAT YOU TAKE OR OMIT TO TAKE BASED ON YOUR ACCESS TO OR USE OF SERVICES.
1.83. YOU MAY BE SUBJECT TO CERTAIN OBLIGATIONS AND RESPONSIBILITIES AS PER APPLICABLE LAWS IN THE JURISDICTION WHERE YOU PRACTICE ANY HEALTHCARE PROFESSION. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLIANCE (LEGAL OR OTHERWISE) OF THE SERVICES AS APPLICABLE TO YOUR SPECIFIC PRACTICE AREA OR JURISDICTION AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE LAWS AND APPLICABLE STANDARDS RELATED TO YOUR JURISDICTION.
1.84. ANY OF OUR SERVICES DO NOT CONSTITUTE ANY PROFESSIONAL OR MEDICAL ADVICE OR THE PROVISION OF MEDICAL OR DIAGNOSTIC SERVICES. THE USERS WHO USE OUR SERVICES ARE ADVISED TO EXERCISE THEIR CLINICAL JUDGMENT WHEN USING OUR SERVICES. USE OF THE SERVICES IS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS TAKEN BY YOU IN RELIANCE ON ANY OF THE SERVICES. WE ARE NOT LIABLE FOR ANY LOSS OR EXPENSES INCURRED OR SUSTAINED BY YOU (OR ANY OF YOUR CLIENTS) DUE TO THE RELIANCE ON ANY OF THE SERVICES. IF YOU ARE SUFFERING FROM ANY MEDICAL CONDITION, YOU ARE STRICTLY ADVISED TO APPROACH A HEALTHCARE PROFESSIONAL BEFORE COMMENCING ANY TREATMENT BASED ON ANY OF OUR SERVICES. WE DO NOT ENDORSE OR RECOMMEND ANY SPECIFIC TYPE OF MEDICATION, TESTS, PHYSICIANS, PRODUCTS, TREATMENTS, OR OTHER INFORMATION THROUGH ANY OF OUR SERVICES. THOUGH WE HAVE ATTEMPTED TO CREATE OUR SERVICES IN CONFORMANCE WITH THE STANDARDS OF PROFESSIONAL PRACTICE THAT PREVAILED AT THAT TIME, HOWEVER, YOU SHOULD NOTE THAT SUCH STANDARDS ARE CHANGING CONSTANTLY AND WE DO NOT GUARANTEE THAT ANY OF OUR SERVICES ARE FOLLOWING THE LATEST STANDARDS. WE DO NOT GUARANTEE THAT OUR CONTENT WILL COVER ALL POSSIBLE USES, DIRECTIONS, SAFEGUARDS, SIDE EFFECTS, DRUG INTERACTIONS, OR ADVERSE EFFECTS THAT MAY BE ASSOCIATED WITH ANY MEDICAL TREATMENTS.
1.85. WE DO NOT WARRANT THAT ANY RECOMMENDATIONS (OR THE LEVEL OF EVIDENCE FOR ANY RECOMMENDATIONS) ACCESSED VIA OUR SERVICES WILL ENABLE YOU TO HAVE AN ENHANCED ABILITY TO PRACTICE. THE RECOMMENDATIONS (INCLUDING DRUGS, MEDICAL DEVICES, PRODUCTS OR THERAPIES) ACCESSED VIA OUR SERVICES DO NOT NECESSARILY REPRESENT THE VIEWS OF THE BROADCAST MED LLC. ANY RECOMMENDATIONS (INCLUDING DRUGS, MEDICAL DEVICES, PRODUCTS OR THERAPIES) MAY NOT HAVE BEEN APPROVED AND/OR SPECIFIED FOR USE AS INDICATED. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE THE APPROVAL STATUS OF EACH RECOMMENDATION (INCLUDING DRUGS, MEDICAL DEVICES, PRODUCTS OR THERAPIES) THAT YOU INTEND TO USE IN CLINICAL PRACTICE. WE DO NOT WARRANT THAT RECOMMENDATIONS (INCLUDING DRUGS, MEDICAL DEVICES, PRODUCTS OR THERAPIES) ACCESSED VIA OUR SERVICES REPRESENT THE BEST METHODS OR PROCEDURES FOR ANY MEDICAL SITUATIONS OR WILL HELP YOU MANAGE YOUR PATIENT CASE. WE DO ENDORSE ANY RECOMMENDATIONS (OR THE LEVEL OF EVIDENCE FOR ANY RECOMMENDATIONS) ACCESSED VIA OUR SERVICES.
1.86. THE SERVICES A) MAY NOT PROVIDE INFORMATION CONCERNING PATIENT'S EXPECTED COPAYMENTS, DEDUCTIBLE AMOUNTS, COINSURANCE OBLIGATIONS, B) MAY NOT PROVIDE LATEST UPDATED PRICE INFORMATION, C) MAY NOT BE APPLICABLE FOR SPECIFIC FACTS AND CIRCUMSTANCES OF INDIVIDUAL USER/PATIENT, D) MAY NOT PROVIDE ACCURATE COMPARISONS OF PRICING DUE TO VARIATIONS IN PRICING METHODOLOGY ACROSS ENTITIES, E) SHOULD NOT BE CONSIDERED AS AN OFFER OR PROMISE OF ACTUAL PRICING FOR SERVICES OFFERED BY ANY PERSON OR ENTITY, F) SHOULD NOT BE CONSIDERED AS A COMPLETE REPRESENTATION OF POTENTIAL PATIENT MEDICAL COSTS.
1.87. WE ARE NOT RESPONSIBLE FOR ANY INFORMATION, STATEMENTS, MISREPRESENTATIONS OR ERRORS MADE OR PROVIDED BY THE CONCERNED INSTITUTIONS WITH RESPECT TO THEIR EDUCATIONAL SERVICES, CME CREDIT HOURS, CME CREDIT HOURS, COURSE CONTENT, SUPPORT AND RELATED ASPECTS NOR DO WE PROVIDE ANY GUARANTEE THAT YOU WILL BE ABLE TO OBTAIN CME CREDITS AS DESIRED BY YOU.
Liability
1.88. You agree to defend, indemnify, and hold Broadcast Med LLC, its successors and assignees, affiliates, officers, directors, employees, users, agents, representatives, contractors, licensors, and consultants, harmless from and against any claims, damages, costs, causes of actions, liabilities, including without limitation, reasonable attorney fees, resulting or arising from, Your use or inability to use any of the Services, Your breach of any provisions in this Terms of Use, Your violation of any rights (including but not limited to intellectual property rights and privacy rights) of any party including any User, or Your violation of any applicable laws or standards or practices. This provision will survive termination of the Terms of Use.
1.89. In the event of Your breach or threatened or alleged breach of this Terms of Use, Broadcast Med LLC will be irreparably harmed and may not have an adequate remedy in money or damages and shall be entitled to an injunction against such a breach from any court of competent jurisdiction. Notwithstanding the foregoing, Broadcast Med LLC shall also have the right to obtain other applicable remedies available at law.
1.90. TO THE FULLEST EXTENT PERMITTED BY LAW, BROADCAST MED LLC, ITS SUCCESSORS OR ASSIGNEES, AFFILIATES, DIRECTORS, OFFICERS, PARTNERS, AGENTS, REPRESENTATIVES, CONSULTANTS, LICENSORS, CONTRACTORS, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, DEVELOPING, OR DELIVERING ANY OF THE SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND OR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION, LOSS OF DATA OR INFORMATION OR CONTENT ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.
1.91. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BROADCAST MED LLC FOR ALL CLAIMS RELATED TO THESE TERMS OF USE EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY BROADCAST MED LLC FROM YOU FOR THE USE OF ANY PAID SERVICES DURING THE PAST THREE MONTHS.
1.92. THE LIMITATIONS OF LIABILITY OUTLINED IN THIS SECTION CONSTITUTE THE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BROADCAST MED LLC AND YOU AND SHALL APPLY TO ALL CLAIMS OF LIABILITY SUCH AS INCLUDING BUT NOT LIMITED TO WARRANTY, TORT, STRICT LIABILITY, AND NEGLIGENCE EVEN IF BROADCAST MED LLC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
General
1.93. We may in our sole discretion, make any changes to the Services that we deem necessary or useful to maintain or enhance the quality or delivery of the Services.
1.94. This Terms of Use is governed by the laws of the State of New York and You agree to submit to the exclusive jurisdiction of, and venue in, the courts in the State of New York in any dispute arising out of or relating to this Terms of Use. The prevailing party shall be entitled to payment of its costs, expenses, and attorney fees by the non-prevailing party for any actions, disputes, or litigation arising out of or related to this Terms of Use.
1.95. We will send you to notice to the last email address you provided to Us. Our dispatch of the email containing any notice will be considered effective notice to You notwithstanding such notice may not be delivered to You for reasons such as including but not limited to the invalidity of your email address, your inbox being full, or your email being inaccurate. If you sign up for one or more our text messaging programs, you hereby agree to the SMS Terms and Conditions[A1] , which is hereby incorporated by reference.
1.96. You may give notice to Broadcast Med LLC at 418 Broadway STE R Albany, New York, New York, 12207
1.97. We are not responsible nor liable for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third party technology providers, lockdowns, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Users.
1.98. These Terms of Use constitute the entire agreement between You and Us as to the subject matter stated herein.
1.99. If any provision of this Terms of Use is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.
1.100. Your use of any of the Services shall not make you an employee or agent or partner or joint venturer of Broadcast Med LLC.
1.101. You shall at all times comply with all applicable laws while using any of the Services.
1.102. Except as otherwise provided, nothing in this Terms of Use will provide or accrue any benefit to any third party or entitle any third party to any claim, cause of action, remedy, or right of any kind.
1.103. Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion. Delay in exercising or non-exercise any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
1.104. This Terms of Use binds and benefits the parties and their respective permitted successors and assigns.
1.105. All obligations to preserve the Confidential Information, intellectual property, and other disclaimers, and limitation of liability or any provision which by their nature should survive shall survive the termination of this Terms of Use.
1.106. We reserve the right to modify these Terms of Use at Our discretion at any time. Please regularly check the website to view the latest updated version. If there are any material changes, We may promptly notify you by email. To the extent permitted by applicable laws, Your continued use of any Services constitutes your acceptance of such change(s).
Last Updated: August 2024
