Quantia hopes that you will find the Service useful but 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 based upon any Content (as defined below). Quantia encourages you to confirm the information made available or otherwise obtained through the Service with other reliable sources before undertaking any treatment based on such Content.
ACCEPTANCE OF TERMS
You represent and warrant that (a) you are a physician, physician assistant, or nurse practitioner, (b) all registration information you submit is accurate and truthful, and (c) your use of the Service does not violate any applicable law or regulation. Quantia may, in its sole discretion, refuse to offer the Service to any person and change its eligibility criteria at any time (this provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions).
As a condition to using the Service, you will be required to register with Quantia using your email address and password chosen by you (collectively, your "Quantia Participant ID"). You shall provide Quantia with accurate, complete, and updated registration information. Quantia reserves the right to refuse registration of, or cancel a Quantia Participant ID in its sole discretion. You are solely responsible for all activity that occurs under your Quantia Participant ID and shall be responsible for maintaining the confidentiality of your password. You shall never use another Participant’s account or allow any third party to use yours. You will immediately notify Quantia in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You grant us and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use your Quantia Participant ID and related registration information in connection with the operation of the Service.
The term "Content" includes, without limitation, any tools, services, advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Quantia, its content providers or other partners, or other Participants on or through the Service including all Participant Submissions (as defined below).
You agree that the Service contains Content specifically provided by Quantia or its partners, and that as between the parties such Content (except for Participant Submissions provided by you) is the property of Quantia and is protected under U.S. and international intellectual property laws, including copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any such Content. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, display in frames, link to, or otherwise commercially exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the express written consent of the respective owners or other valid right, and (ii) in any way that violates any third party right. You may print or download a single copy of the Content from the Site solely for personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
The Site provides you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship or other information to the Site (the "Participant Submissions"). You own all rights, title and interests in and to all Participant Submissions provided by you (including, without limitation, any submissions as part of any "Ask the Expert" or "Curbside Consult" features). Such Participant Submissions are non-confidential and are the property of the originating Participant. By posting Participant Submissions on the Site or otherwise through the Service:
- You represent and warrant: that you own or otherwise control all rights to post such Participant Submissions and that disclosure and Use of such Participant Submissions by Quantia (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party, including without limitation any privacy, publicity, contract or other rights of any person or entity;
- You understand that Quantia shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated; and that Quantia cannot guarantee the identity of or the authenticity of any data posted by any other Participants with whom you may interact in the course of using the Service.
- Your Participant Submissions will not contain any personally identifiable information with respect to any patient or other third party. In particular, you must remove any information that would associate your submission with a specific patient or individual. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy rule allows for the use of de-identified health information so long as identifiers have been removed and a key is not disclosed that would allow the information to be re-identified. You will not disclose to Quantia a key to re-identify any patient data.
- You shall not post any Participant Submissions that contain misleading, false, or inappropriate language or statements.
Quantia does not endorse any Participant Submissions. Quantia has the right, but not the obligation, to monitor the Site, Service, Content, or Participant Submissions. Quantia may remove any Participant Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Participant Submission), or for no reason at all. Quantia will consider requests to remove Participant Submissions on a case-by-case basis once we are contacted by the Participant.
Under no circumstances will Quantia be liable in any way for any Participant Submissions, including, but not limited to, any errors or omissions in any Participant Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Participant Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service.
RULES AND CONDUCT
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content or communications on or through the Service, that:
- violates local, state, national, or international laws or regulations;
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- involves commercial activities and/or sales without Quantia’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Quantia or any third party;
- fails to respect other Participants’ privacy or that of any third party; or
- impersonates any person or entity, including any employee or representative of Quantia.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Quantia in its sole discretion) an unreasonable or disproportionately large load on Quantia’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Quantia may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
LINKS TO OR FROM THIRD PARTY SITES
The Site may permit you to link to other websites or resources on the Internet. When you access a third party website, you do so at your own risk. These other websites are not under Quantia's control, and you acknowledge that Quantia is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such website or resources, or for any damage or loss caused or alleged to be caused by your use of or reliance on any content, goods or services available on or through any such website or resource. The inclusion of any such link does not imply endorsement by Quantia or any association with its operators.
The Content available through the Service is for informational and educational purposes only and is not an alternative to physical examination or a substitute for the professional judgment of a Clinician in diagnosing and treating patients on an individual basis. All Content, including any advice, suggestions, and/or recommendations, has not been generated as part of any direct professional evaluation where the Clinician has the benefit of information that would be obtained by examining a patient in person and observing his/her medical condition. You are expected to use your own professional judgment when utilizing Content found on the Site. We encourage you not to advise, diagnose, or otherwise treat patients solely by use of this Site. The Participant accessing the Site assumes full responsibility for any use of the Content and agrees that Quantia, its partners, associates, and any other providers of Content are not responsible or liable for any claim, loss, or damage arising from the use of the information. No professional fee has been charged by or paid to Quantia and Quantia 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.
State and federal laws, as well as ethical requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of Clinicians to transmit certain information through the Site. It is the sole responsibility of the Participant to comply with state and federal laws, as well as institutional and professional guidelines with respect to patient confidentiality. The Participant is, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view patient data. QUANTIA CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR THE USE OR MISUSE OF PATIENT DATA OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED BY THE PARTICIPANT WHILE USING THE SITE. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY CONTENT (INCLUDING ANY PARTICIPANT SUBMISSION) IN OUR SOLE DISCRETION.
Quantia has no special relationship with or fiduciary duty to you. You acknowledge that Quantia has no control over, and no duty to take any action regarding: which Participants gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Quantia makes no representations concerning any content contained in or accessed through the Site, and Quantia will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, AND TO THE FULLEST EXTENT PERMITTED BY LAW, QUANTIA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WHETHER ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, QUANTIA AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS CAN OR WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL QUANTIA, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, PARTICIPANTS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF $500.00 IN THE AGGREGATE. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR ONLY REMEDY IS TO STOP USING THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Quantia makes no representation that the Service is appropriate or available for use in locations outside of the United States, and accessing the Service is prohibited from territories where such Service is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
INTEGRATION AND SEVERABILITY
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Quantia has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act
. The address of Quantia’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is Quantia’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, or Participants; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Quantia is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Quantia's policy:
- To remove or disable access to the infringing Content;
- To notify the Content provider that it has removed or disabled access to the Content; and
- That repeat offenders will have the infringing Content removed from the system and that Quantia will terminate such Participant's access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the Content provider;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that the Content provider has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Content provider’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s address is located, or if the Content provider’s address is located outside the United States, for any judicial district in which Quantia is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Quantia may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Quantia’s discretion.
Please contact Quantia’s Designated Agent to Receive Notification of Claimed Infringement:
Terry Halloran, CFO
200 West Street, 3rd Floor, East Suite, Waltham, MA 02451
You may contact Quantia at the following address: Quantia Inc., 200 West Street, 3rd Floor, East Suite, Waltham, MA 02451.
Effective Date: December 12, 2013