Terms

IMPORTANT-READ CAREFULLY:

 

These Terms of Use include the Ozmosis Privacy Statement, which is incorporated into these Terms of Use by reference. By accessing the Ozmosis Web Site, you agree to be bound by the terms and conditions described below. If you do not agree to the Terms of Use described below, do not access or use any information or material available through the Ozmosis Web Site.

 

Use – The Ozmosis web site is created for physicians (M.D. and D.O.) who are licensed to practice or who are retired but who retain an active interest in the profession. The Ozmosis Web Site is an information exchange and communications forum and is not intended to be referenced or relied upon as explicit medical advice. Ozmosis is not engaged in rendering medical or professional services of any kind whatsoever. The Ozmosis Web Site’s sole purpose is to facilitate communications between registered users. “You” or “Your” as user assumes total responsibility and risk for use of any information contained in or accessible through the Ozmosis Web Site.

 

The information and opinions expressed in materials posted by users in any content area including but not limited to bookmarks, questions, cases, groups, chat areas, bulletin boards, lists or other venues connected with our site are not necessarily those of Ozmosis or its affiliates and Ozmosis makes no representations or warranties regarding such posted materials.

 

The Ozmosis Web Site includes clinical tools and databases intended for the use of registered physicians on our Web Site. The tools provided do not give professional advice or recommend particular products or services. Physicians who use the provided tools or databases should exercise their own clinical judgment at all times. Participating physicians who provide suggestions and make recommendations in various interchanges are not undertaking to provide medical advice with respect to a particular case or issue, rather they are offering opinions and information on discussion topics, and by so doing do not subject themselves to liability for medical advice. It is always the physician’s responsibility to use his or her best, independent, medical judgment in treating a patient or in recommending a treatment plan or course of action.

 

Users should be aware that while Ozmosis is a secure website our forums are public to all registered and verified users and not private communications. When you voluntarily disclose information on our forums, that information can be collected and used by other registered users.

 

Registration – In order to access the secure portion of the Ozmosis Web Site, you will be asked to provide Ozmosis with certain information, including, without limitation, a valid e-mail address, full name, date of birth, medical license number and other related information as needed to verify your identify as a physician. In addition, you will be required to confirm your eligibility to utilize the Ozmosis Web Site by representing the truth and accuracy of the following: (i) You are at least 18 years of age, (ii) You are a licensed physician in good standing in the U.S., (iii) Information pertaining to your education and the degrees earned, (iv) Your jurisdictions of licensure, (v) Your area of practice; and (vi) Your current practice affiliation. By submitting such registration information to Ozmosis, you expressly authorize Ozmosis to use its validation resources to confirm the information submitted so that we may identify you as the physician seeking to participate in our web site activities In accordance with our Privacy Policy Ozmosis will not sell or share the personal data submitted in your profile at any time.

 

Password – Upon registration with Ozmosis, you will receive a username and password (“Account”). You may not select or use a username already in use. You agree to keep your password confidential so that no other party may access the Account. A user is limited to one active Account at any given time. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords and any codes (collectively, "ID(s)") assigned to you, (2) not allowing another person to use your IDs to access the Site, (3) any damages or losses that may be incurred or suffered as a result of You or Your failure to maintain the strict confidentiality of Your ID, and (4) promptly informing Ozmosis in writing of any need to deactivate an ID due to potential or actual security concerns. Ozmosis is not liable for any harm related to the theft of Your ID, Your disclosure of Your ID, or Your authorization to allow another person or entity to access and use the Site using Your ID. You agree to immediately notify Ozmosis in writing of any unauthorized use of Your ID.

 

Content – Any text, materials, images, graphics, logos, software and all other information available on the Ozmosis Web Site (collectively, the “Content”) accessed by you is and shall remain at all times the sole and exclusive property of Ozmosis or its Content suppliers or clients. All Content made available on the Ozmosis Web Site is provided by Ozmosis unless indicated otherwise and such Content is protected under U.S. and foreign copyright, trademark and other applicable laws. It remains your responsibility as the user to evaluate the Content found on the Ozmosis Web Site.

 

By participating in the informational exchanges and by posting anyinformation or Content, you grant to Ozmosis a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the posted content or incorporate the posted content into any form, medium, or technology now known or later developed for any purpose, and you automatically waive all "moral rights" with respect to the posted Content.

 

Ozmosis will take reasonable precautions to prevent any data submitted or informational interchanges from being disclosed outside of the exchange facilities supported by the Web site, however Ozmosis cannot in all cases prevent lawful access by court order or lawful governmental activity.

 

Representations - As a user of this Site, You are liable for the accuracy of the information that You provide to us, including, but not limited to, Your personal and professional representation as provided in the Section on Use. You hereby certify that You do not have a financial interest in nor are You a paid consultant acting on behalf of any entity, product or service that would benefit because of the information you provide to this Site including, but not limited to the promotion of "off-label" drug uses, the disclosure of confidential clinical trial or other proprietary information.

 

The Health Insurance Portability and Accountability Act of 1996. You specifically warrant that information disclosed in communications to the Site comply with all applicable Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) requirements for protecting medical privacy. It is the sole responsibility of the Users, practitioners, researchers, healthcare professionals, and others who use this Site to ensure that HIPAA Privacy standards and requirements are met with regard to the authorized disclosure of personal, identifying, and/or demographic information about particular patients, research participants, clients, etc., and such responsibilities and duties shall be non-delegable and non-assignable.

 

Monitoring of Content - Ozmosis has no obligation to monitor, screen, edit or otherwise control any Content posted on or transmitted through the Ozmosis Web Site (collectively, "Postings"); however, Ozmosis may, in its sole discretion, monitor the Ozmosis Web Site to determine compliance with these Terms of Use and other agreements, and with all applicable laws and regulations. Ozmosis may use lawful means to intercept and/or disclose Postings to the extent reasonably necessary to protect our rights or the rights of any third party, or to comply with any law, regulation or governmental request. We may also review, edit, and refuse to post or remove any Postings displayed on or transmitted through the Ozmosis Web Site.

 

All Postings on the Ozmosis Web Site become public and, therefore, care should be taken in disclosing any and all Content. When communicating directly with another user, users may exchange personally confidential information at each user’s discretion. However, users are strongly cautioned to be prudent in deciding whether and how to reveal personally confidential information. Ozmosis DISCLAIMS ALL LIABILITY FOR DAMAGES ARISING FROM USER'S DISCLOSURE OF PERSONALLY CONFIDENTIAL INFORMATION. Any information disclosed to other users or third parties on the Ozmosis Web Site, through email or outside of the Ozmosis system, can be used by others and may result in unsolicited email messages or other communications from third parties.

 

Limitations on Use – As a registered user authorized to access the Ozmosis Web Site, you agree not to:

  • Disclose any patient information or engage in any conduct that is a violation of HIPPA;
  • restrict or inhibit any other authorized user from using the Ozmosis Web Site;
  • post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law;
  • post or transmit any information or software which is knowingly harmful or malicious;
  • post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Ozmosis Web Site for commercial purposes;
  • upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Ozmosis Web Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
  • upload, post, publish, reproduce, transmit or distribute in any way any component of the Ozmosis Web Site itself or derivative works with respect thereto.

 

Termination of Access - If You use the Site in any manner that is prohibited by these Terms of Service, Ozmosis may without notice terminate or suspend Your use of or access to the Site or the Services.

 

Links – The Ozmosis Web Site may contain links to independent third party web sites that are controlled exclusively by such third party web site operator. Ozmosis disclaims any and all liability for any information, material, products or services that are referenced, offered or promoted on any third party web site(s). By providing links to such third party web site(s), Ozmosis does not endorse, recommend or guarantee any material, product or service offered in such third party web site(s).

 

Warranty Disclaimer - YOU AGREE THAT YOUR USE OF THE OZMOSIS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OZMOSIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. OZMOSIS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OZMOSIS WEBSITE. NEITHER OZMOSIS NOT THE PARTICIPATING PHYSICIANS ARE PROVIDING MEDICAL ADVICE AND OZMOSIS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, OPINIONS, ADVICE PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE OZMOSIS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OZMOSIS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INTERCHANGES OR TRANSACTIONS BETWEEN YOU AND OTHER PARTIES USING OR APPEARING ON THE WEB SITE.

 

Limitation of Liability - IN NO EVENT SHALL OZMOSIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OZMOSIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OZMOSIS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Ozmosis 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 the site. Your reliance upon the Materials obtained or used by You at or through this Site is solely at Your own risk. Ozmosis is not a physician credentialing agency and while Ozmosis will use its resources to make reasonable verifications Ozmosis is not responsible to discover falsified identities or credentials and makes no guarantee or warranty of such. It is the users’ responsibility to assess the nature and source of information received.

 

You specifically agree that Ozmosis is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other user, party or any third party infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Ozmosis Web Site or its Content for any reason or with these Terms of Use, your sole and exclusive remedy is to discontinue access to the Ozmosis Web Site and use of any Content available on the Ozmosis Web Site.

 

Indemnity - You agree to defend, indemnify and hold harmless Ozmosis, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Ozmosis Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Ozmosis Website.

 

Amendment – Ozmosis may modify these Terms of Use from time to time in its sole discretion and your continued access to the Ozmosis Web Site and the Contents therein shall be deemed to be your acceptance of any such modification. It is expressly your responsibility to regularly determine whether these Terms of Use have been modified. If you do not agree with any modification to these Terms of Use, you must immediately stop accessing the Ozmosis Web Site. Governing Law – Use of the Ozmosis Web Site shall be governed by all applicable Federal laws of the United States and the laws of the State of Virginia and you irrevocably consent to the exclusive jurisdiction of the state and federal courts located within the State of Virginia to resolve any dispute that may arise.

 

Entire Agreement - These Terms of Use constitute the entire agreement between You and Ozmosis with respect to the Ozmosis Web Site.

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