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These Terms and Conditions (these “Terms”) govern the use of EMN.com and its related sites (the “Site”) as supplied by Expert Medical Navigation, Inc. (“EMN”). Use of the Site constitutes your acceptance of these Terms. If you do not agree to these Terms, you should immediately cease all use of and access to the Site. For the avoidance of doubt, these Terms do not apply to password protected portions of the Site, and references in this document to Site will not include these password protected portions.
The Site describes various services provided by EMN, Inc. (e.g. Collaborative Medical Decision Making, and other services in which EMN offers authoritative clinical information on specific medical conditions). All of these services are collectively referred to as “Services”. These Terms do not govern the Services. To the extent you wish to procure these Services, you must contact EMN and negotiate a separate agreement that governs these Services (any such agreement is referred to as a “Negotiated Agreement”).
As part of our Services, EMN may provide you with medical related information. Except as otherwise agreed in our Negotiated Agreement, it is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information we provide in connection with the Services.
All of the content contained on or provided through this site, such as text, graphics, images, information, and other material (“Content”), is general in nature and for informational purposes only. EMN does not engage in the practice of medicine. EMN does not provide medical diagnoses and does not recommend or endorse any specific services, procedures, tests, products, or procedures referred to or opinions or information that may be contained in the Content for your particular circumstances. None of the Content is intended to be used as a substitute for medical advice, diagnosis, or treatment, and should never be used as a substitute for seeking medical advice from your own physician or healthcare provider. The Content is for your personal use only and will not be assessed or reviewed by EMN in order to diagnose or treat any medical symptom or condition. Always seek the advice of your physician or qualified healthcare provider with any questions you may have regarding a medical condition, regardless of any information you may obtain from the site.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Any diagnosis or treatment decisions made by you should be made in consultation with your qualified healthcare provider. Do not rely solely on the Content or on anything you have read or seen on the site to make medical or treatment decisions. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR SEEN ON THIS SITE.
If you violate these Terms and Conditions of Use, your license to view the site will terminate. EMN may, in its sole discretion, terminate your access to the site, or any portion thereof, or discontinue providing the site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy EMN may have available at law. Further, EMN shall not be liable to you or any third party for any such termination or discontinuance.
The information and material located on this Site is the property of EMN (© 2008-2011 Expert Medical Navigation, Inc., Providence, RI) and its licensors. We worked hard and spent significant resources to put this information together, and we hold all rights to it, including all US and international copyrights. No commercial use of this information may be made without the express written permission of EMN, Inc.
EMN, THE COMPASS LOGO, AND COLLABORATIVE MEDICAL DECISION MAKING are trademarks or registered trademarks of EMN, Inc. in the United States and other countries.
EMN information may not be reproduced, transmitted, distributed or displayed, without the express consent of EMN. EMN’ trademarks may not be used or reproduced in any fashion without the express written consent of EMN.
This Site may contain links to other web sites. Such links are provided solely for your convenience as pointers to information that may be useful to you. EMN makes no warranties, either express or implied, concerning the content of any such linked web site including, without limitation, the accuracy, completeness, reliability, correctness, timeliness or usefulness, thereof for any particular purpose, nor does EMN warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is free from defects, viruses or other destructive or disabling devices. A link to a web site not maintained or controlled by EMN does not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such linked web sites. Your use of external links and third-party web sites is at your own risk and subject to the terms and conditions of use for such links and sites.
This Site may provide links to other Internet sites. These links are provided only for your convenience. EMN is not related to the owners of those sites, is not responsible for the availability or content on these external sites, nor does EMN endorse, warrant or guarantee the products, services or information described or offered at these other Internet sites. You access such materials at your own risk. EMN has no control over and accepts no responsibility whatsoever for such materials.
The obligations created by these Terms can be changed only by EMN. We may modify these terms from time to time by placing a notice of such modification in a clearly marked area, and your continued use of the Site following notice of such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the area regularly to determine whether these provisions have been modified. If you do not agree to any modification of these provisions, you must immediately stop using the Site.
In the event that any portion of these conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the disclaimers and the remainder of the provisions shall remain in full force and effect. EMN’ failure to insist upon or enforce performance of any provision hereof shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any of these provisions. These provisions shall be governed by and construed in accordance with the laws of the State of Rhode Island, and any action brought in connection with the use of the Site or the services offered at the Site shall be brought in Rhode Island.
THE INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER EMN NOR ANY OF ITS AFFILIATES MAKES ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE OR THROUGH THE INTERNET GENERALLY; AND UNDER NO CIRCUMSTANCES WILL EMN OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY SERVICES OR ANY PARTS THEREOF, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR ANY FAILURE OF PERFORMANCE. NEITHER EMN NOR ITS AFFILIATES WARRANTS THAT THE USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to defend, indemnify, and hold EMN, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms and Conditions or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EMN without restriction.
EMN makes no representations that the Content or the site are appropriate or may be used or downloaded outside the United States. Access to the site and/or the Content may not be legal in certain countries outside the United States. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your own jurisdiction.
Questions or comments regarding this Site should be directed to our services department using the contact information provided on this Site.
For your protection and security, you must agree to this consent to access EMN services.
As part of your healthcare plan, you have access to a health information and education website operated by Expert Medical Navigation, Inc. (“EMN”). EMN is a decision support service developed by doctors and designed to help people make informed choices about their health. You may be asked to enter information about your medical conditions into this site. The information will help EMN doctors and health service professionals understand the problem for which you need help so that they can serve you best.
Understand that the medical information that you enter on this site or in the site’s surveys is regarded as confidential. It is subject to the usual protections afforded medical records in accordance with HIPAA Privacy legislation. Most of the information gathered in the surveys will be aggregated with other participants’ information and will not disclose specific medical information about you. Personal identifying information will be used and maintained in accordance with your practitioner’s privacy policies. Understand that refusal to authorize the disclosure and use of the information will have no effect on your treatment, but may prevent you from further participation in the EMN service. You have the right to revoke your consent at any time. To revoke your consent and cease participation in the program, you must contact the EMN service department at 1-800-646-9305 or firstname.lastname@example.org . If you revoke consent, data that has been collected previously will be maintained; however, future data will not be collected.
This information will be used to help your doctors better understand your health problem. Through your participation, EMN also hopes to learn information that may help future patients with similar conditions as yours.
You will be responsible for any usual costs associated with the routine medical or surgical care you receive; no additional costs will be incurred as a result of collection/use of this information.
I have read and understand the above information, and by logging in and accessing the areas on this internet site agree to participate in the program and consent to the use of my information as stated above. This consent shall be valid so long as I remain in the program and have not revoked it in writing.