By Using MCN's Website or Services, User Agrees to the Following Terms and Conditions
This agreement is available for your review by tapping on Settings from the application.
A. Purpose
MCN is a mobile and web interface to enable patients, healthcare providers and other healthcare stakeholders to effectively communicate, collaborate and coordinate care.
B. Scope and Intent
You agree that by registering on MCN, or by using the website, including our mobile applications, premium services, or other information provided as part of the MCN services (collectively "MCN" or the "Services"), you are entering into a legally binding agreement with MCN 7903 Seven Mile Lane Baltimore, Maryland 21208 ("we," "us," "our," and "MCN") based on this User Agreement, any applicable MCN User Agreement and the MCN Privacy Policy, which is hereby incorporated by reference (collectively referred to as the "Agreement") and become a MCN user ("User").
If you are using MCN on behalf of a company, medical practice or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a MCN User, do not conclude the Agreement, do NOT click join MCN and do not access, view, download or otherwise use any MCN webpage, information or services. By joining MCN you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By joining MCN you also consent to use electronic signatures and acknowledge your registration as one.
C. YOUR OBLIGATIONS
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
You have control over the information you provide MCN under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Any information you submit to us is at your own risk of loss.
D. YOUR RIGHTS
On the condition that you comply with all your obligations under this Agreement we grant you a limited, revocable, nonexclusive, non-assign-able, non-sub-license-able license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of MCN or its Users), view information and use the Services that we provide on MCN webpages and in accordance with this Agreement. Any other use of MCN contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from MCN commercially unless expressly authorized by MCN) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in MCN and all related items, including any and all copies made of the MCN website.
E. OUR RIGHTS AND OBLIGATIONS
1. Service Availability
For as long as MCN continues to offer the Services, MCN shall provide and seek to update, improve and expand the Services. As a result, we allow you to access MCN as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue MCN, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. MCN further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by MCN to be contrary to this Agreement. For avoidance of doubt, MCN has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
2. Disclosure of User Information
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of MCN, our Users or the public.
3. Connections and Interactions With Other Users
You are solely responsible for your interactions with other Users. MCN may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. MCN reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if MCN determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
You agree that from time to time MCN may invite or otherwise make you aware of certain educational, promotional or financial opportunities relating to Your Communications and profile.
F. SERVICE DISCLAIMER
Do not rely on MCN, any information therein, or its continuation. We provide the platform for MCN and all information and services on an "as is" and "as available" basis. MCN does not control or vet User generated content for accuracy. We do not provide any express warranties or representations.
To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. If you are dissatisfied or harmed by MCN or anything related to MCN, you may close your MCN account and terminate this agreement and such termination shall be your sole and exclusive remedy.
MCN is not responsible, and makes no representations or warranties for the delivery of any messages sent through MCN to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
MCN does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. MCN disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, MCN disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the MCN site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
The contents of MCN, such as text, graphics, images, information obtained from MCN's licensors, users, employees and other material contained in MCN ("Content") is for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. MCN or you are not permitted to advise, diagnose, or otherwise treat Users of this Site. Neither the content nor any other service offered by or through this site is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that MCN is not responsible or liable for any claim, loss, or damage arising from the use of the information. MCN does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on MCN and MCN members are required by the "Do's" of this User Agreement to disclose any such conflicts of interest. Your reliance upon the Content obtained or used by you is solely at your own risk.
MCN 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. MCN encourages you to confirm the information made available or otherwise obtained through the Service with other reliable sources before undertaking any treatment.
G. MEDICAL DISCLAIMER
The contents of MCN, such as text, graphics, images, information obtained from MCN's licensors, users, employees and other material contained in MCN ("Content") is for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. MCN or you are not permitted to advise, diagnose, or otherwise treat Users of this Site. Neither the content nor any other service offered by or through this site is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that MCN is not responsible or liable for any claim, loss, or damage arising from the use of the information. MCN does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on MCN. Your reliance upon the Content obtained or used by you is solely at your own risk.
MCN 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. MCN encourages you to confirm the information made available or otherwise obtained through the Service with other reliable sources before undertaking any treatment.
H. LIMITATION OF LIABILITY
Neither MCN nor any employees, shareholders, or directors ("MCN Affiliates") shall be cumulatively liable for (a) any damages in excess of US $100, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from MCN. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose;
Not apply to any damage that MCN may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
I. Termination
1. Mutual Rights of Termination
You may terminate this Agreement, for any or no reason, at any time, with notice to MCN. This notice will be effective upon MCN processing your notice. MCN may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your MCN account includes disabling your access to MCN and may also bar you from any future use of MCN.
2. Misuse of the Services
MCN may restrict, suspend or terminate the account of any User who abuses or misuses the Services or offers competitive services. Misuse of the Services includes inviting to connect other Users with whom you do not know or with whom you do not have a medical referral or consult objective; abusing the MCN messaging services; using the Services commercially without MCN's authorization, infringing any intellectual property rights, or any other behavior that MCN, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, MCN has adopted a policy of terminating accounts of Users who, in MCN's sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
3. Effect of Termination
i. Mutual Rights of Termination
You may terminate this Agreement, for any or no reason, at any time, with notice to MCN. This notice will be effective upon MCN processing your notice. MCN may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your MCN account includes disabling your access to MCN and may also bar you from any future use of MCN.
ii. Misuse of the Services
MCN may restrict, suspend or terminate the account of any User who abuses or misuses the Services or offers competitive services. Misuse of the Services includes inviting to connect other Users with whom you do not know or with whom you do not have a medical referral or consult objective; abusing the MCN messaging services; using the Services commercially without MCN's authorization, infringing any intellectual property rights, or any other behavior that MCN, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, MCN has adopted a policy of terminating accounts of Users who, in MCN's sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
iii. Effect of Termination
Upon the termination of your MCN account, you will no longer be able to access the Services.
J. General Terms
1. Severability
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
2. Notices and Service of Process
You may contact us via mail or courier at:
MCN ATTN: Legal Department
7903 Seven Mile Lane
Baltimore, Maryland 21208
Additionally, MCN accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
3. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MCN services, third-party content or third party software.
5. No Informal Waivers, Agreements or Representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any MCN Affiliate shall be deemed legally binding on any MCN Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of MCN.
4. No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
5. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, MCN for any third party that assumes our rights and obligations under this Agreement.
6. Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.