THIS IS A LEGAL DOCUMENT. TO USE OUR PRODUCTS OR SERVICES, YOU MUST AGREE TO BE BOUND BY THIS DOCUMENT.
ALL FEES, IF ANY, YOU PAY TO PARKINSONS EDUCATION NETWORK, PA ARE SOLELY BASED ON THE FAIR MARKET VALUE OF ANY SERVICES THAT PARKINSONS EDUCATION NETWORK, PA PROVIDES TO YOU, INCLUDING PROPRIETARY TECHNOLOGY, PLATFORM OFFERINGS, AND SUPPORT. FEES PAID BY YOU TO PARKINSONS EDUCATION NETWORK, PA ARE NOT BASED ON A PERCENTAGE OF PROFESSIONAL FEES OR BASED ON THE VOLUME OR VALUE OF SERVICES.
SECTIONS 15, 16, AND 17 IN PARTICULAR LIMIT OUR LIABILITY. PLEASE READ THEM CAREFULLY.
Parkinsons Education Network Terms and Conditions of Use
Parkinsons Education Network, PA is excited to offer you access to our online Platform, Parkinsons Education Network (“Platform”). Please read these terms and conditions of use (“Terms and Conditions”) carefully, as it sets forth the terms and conditions of your contract with Parkinsons Education Network, PA, a New Jersey professional corporation (“us,” “we,” and “our”).
Users registered with the Platform (“User,” “you,” and “your”) will have access to the Platform’s educational interface, which will enable you to access educational resources for use in expanding User’s knowledge about Parkinson’s disease. The Platform enhances your knowledge, enabling you to approach Parkinson’s disease as a caregiver, patient, or healthcare professional with greater understanding. The Platform and its content are not continuing education resources for healthcare professionals and are not medical advice.
When you register with the Platform as a User, you acknowledge and are bound by the terms and conditions contained herein. You also acknowledge that you understand and agree to these Terms and Conditions.
1 Acceptance and Agreement
(a) This Agreement forms a legally binding contract between you and Parkinsons Education Network, PA for your access to, registration, and use of the Platform. You represent and warrant that you have the right and authority to bind yourself to these Terms and Conditions. You further represent and warrant that you agree that all information you submit to Parkinsons Education Network, PA for registration is true and accurate.
(b) By using the Platform, you agree to allow Parkinsons Education Network, PA to collect and use your information. Parkinsons Education Network, PA may change these Terms and Conditions without advance notice, and your continued use of the Platform signifies that you agree to be bound by any changes. We will notify you of any changes to the Terms and Conditions.
(c) This Agreement governs your access to and use of the Platform. By accessing or using the Platform, you agree to be bound by this Agreement. You may use the Platform only if you can form a binding contract with us and only in compliance with these Terms and Conditions, as well as all applicable local, state, national, and international laws, rules, and regulations.
2 The Platform
(a) The Parkinsons Education Network Platform enables Users to access educational resources, including the Platform’s newsletter, educational videos, and other content. The Platform also enables Users to attend monthly sessions with a Parkinson’s disease expert in order to ask real-time questions adapted to their educational experience (This sentence and the preceding, collectively referred to as “Content”).
(b) The Platform itself does not provide or render any services or features outside of those described in Section 2(a), including but not limited to health care services.
(c) Users should not incorporate sensitive User information, including but not limited to protected health information (“PHI”) as defined in the Health Insurance Portability and Accountability Act of 1996, its amendments, and implementing regulations (“HIPAA”) in any resources created or maintained on the Platform. Parkinsons Education Network, PA is not responsible for any inclusions or entry of PHI on the Platform, whether intentional or inadvertent, on any resources accessed or maintained by Users on the Platform. If the User provides professional or certified services, it is the responsibility of the User to fulfill any obligations as they relate to clients or patients.
3 The Platform Does Not Provide Professional or Certified Services
(a) The Platform maintains and provides tools for Users through Platform Content. The Platform does not dispense, render, or otherwise provide professional or certified services. The Platform does not endorse, encourage, or hold any beliefs of any specific treatment modalities, therapeutic techniques, or other approaches held, utilized, or relied on by Users of the Platform.
4 Conduct, Prohibited Countries, and the U.S. States
(a) You expressly agree not to deceive, harass, stalk, harm, or exploit any other User on the Platform; distribute spam; collect or record information about Platform users in any capacity; or advertise or solicit others to purchase any product or service on the Platform. Parkinsons Education Network, PA reserves the right but does not have an obligation to monitor all conduct on the Platform.
(b) The Platform that Parkinsons Education Network, PA provides is not open to individuals who live in countries prohibited by law, regulation, treaty, or administrative act from entering into trade relations with the U.S. or any U.S. state. It is solely your responsibility to determine if you may lawfully use the Platform in any particular country or jurisdiction. Parkinsons Education Network, PA makes no guarantees or assurances regarding any User’s authorization to use the Platform or access or manipulate Content.
5 License Grant and Permitted Use
(a) Unless otherwise expressly stated, Parkinsons Education Network, PA or its licensors own all the Platform and Platform Content. The United States, worldwide copyright laws, and treaty provisions protect the Platform.
(b) So long as you comply with, and are subject to, these Terms and Conditions, Parkinsons Education Network, PA hereby grants you a limited, personal, non-exclusive, and non-transferable license to use the Platform for as long as your Registration remains active (collectively referred to as “License Grant”).
6 Account Registration and Security
(a) To access Platform Content and have a profile on the Platform, you must create an account (“Sign-Up”). The Platform will retain user-specific information, including but not limited to emails and usernames for account recovery and Platform analytic purposes.
(b) When you complete the steps required for Sign-Up, you agree to supply truthful and complete information and update it if it changes. By providing information about yourself, you warrant that you are over 18 years of age and that you may form a binding contract. If you provide any untruthful or incomplete information, or if Parkinsons Education Network, PA reasonably suspects such, Parkinsons Education Network, PA may suspend or terminate your account and Registration and refuse your future use of the Platform or its Content.
(c) You are solely responsible for your own account activity and agree to maintain your own secure password and not use any other User’s password or login credentials. You further agree not to share or sell your password or login with anyone else.
(d) Please immediately alert Parkinsons Education Network, PA to any unauthorized use of your account, password, username, email, or other breaches of security.
7 Platform Content
(e) Fees. The Platform may provide access to part of its Content at no cost. However, certain features may require a paid subscription or one-time payment to access. Please visit Parkinsons Education Network, PA’s website for more information relating to subscription services. You agree to all fees associated with your use of the Platform.
(f) Changes. Parkinsons Education Network, PA may change, modify, add, remove, suspend, cancel, or discontinue any of Platform’s features, including the availability of any Content at the sole discretion of Parkinsons Education Network, PA consistent with these Terms and Conditions. You will receive notification of any changes to the Platform and its Content. Your continued use of the Platform after any such changes, modifications, additions, removals, suspensions, cancellations, or discontinued features or Content demonstrates your consent to Parkinsons Education Network, PA’s decision.
(g) Billing. BY PURCHASING A PAID SUBSCRIPTION TO THE PLATFORM, YOU AGREE TO PAY THE ASSOCIATED SUBSCRIPTION FEE. PARKINSONS EDUCATION NETWORK, PA WILL AUTOMATICALLY CHARGE YOUR PROVIDED PAYMENT METHOD FOR THE SUBSCRIPTION FEE. BY PROVIDING PAYMENT, YOU AGREE TO PARKINSONS EDUCATION NETWORK, PA AUTOMATICALLY CHARGING THE PROVIDED PAYMENT METHOD THE SUBSCRIPTION FEE AND ANY APPLICABLE TAXES UNTIL YOU CANCEL YOUR SUBSCRIPTION TO THE PLATFORM. IF YOUR PAYMENT METHOD FAILS AND YOU DO NOT PAY YOUR SUBSCRIPTION FEE OR DO NOT PAY YOUR SUBSCRIPTION FEE ON TIME, PARKINSONS EDUCATION NETWORK, PA MAY REMOVE YOUR ACCESS TO CONTENT AVAILABLE TO SUBSCRIBING USERS, CANCEL YOUR PAID SUBSCRIPTION, OR SUSPEND YOUR ACCOUNT.
(h) Taxes. You are solely responsible for the payment and compliance with any taxes associated with the purchase of any subscriptions for the Platform paid to Parkinsons Education Network, PA.
(i) Payment Methods. Payment for Platform subscriptions can be made with a credit or debit card through a third-party vendor contracted with Parkinsons Education Network, PA (“Payment Processor”). Payment processing services for payment of Platform subscriptions are provided by a Payment Processor and are subject to its Third-Party Terms of Service (“Payment Processor Terms of Service”). By agreeing to these terms or continuing use of the Platform or its Content, you agree to be bound by the Payment Processor Terms of Service, as the same may be modified by the Payment Processor from time to time. As a condition of Parkinsons Education Network, PA enabling payment processing services through the Payment Processor, you agree to provide Parkinsons Education Network, PA accurate and complete information, and you authorize Parkinsons Education Network, PA to share transaction information related to your use of the payment processing services provided by the Payment Processor.
(j) Authorization. By providing payment information to us, you grant the Payment Processor and us your consent and authorization for your credit card to be charged any recurring subscription fees and one-time fees to access all Content available on the Platform. All overdraft, chargebacks, and bank fees are your sole responsibility.
(k) Notice of Fee Increase. Parkinsons Education Network, PA will provide you with notice of a subscription fee increase prior to you being billed. By continuing to use the Platform, accessing or manipulating Content, you agree to be charged the increased subscription fee.
(l) Cancellation and No Refund. You can cancel your subscription fee at any time by notifying Parkinsons Education Network, PA. You will maintain your access to all Platform Content through the end of the subscription period for which you have already paid. However, you will lose access to select Platform Content on the first day following the end of your subscription period. Parkinsons Education Network, PA does not offer refunds.
(m) Termination. Parkinsons Education Network, PA, at its sole discretion, may terminate your use of the Platform or any Content at any time and for any reason without notice for any conduct which violates these Terms and Conditions. You agree that if your use of the Platform is terminated under these Terms and Conditions, you will not attempt to use the Platform or access or manipulate its Content under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will, to the fullest extent permitted by law, indemnify and hold Parkinsons Education Network, PA harmless from any liability that Parkinsons Education Network, PA may incur, therefor.
8 Acceptable Use
(a) You acknowledge and agree that Parkinsons Education Network, PA (i) is the owner (or has the rights of an owner) of all worldwide right to, title to, and interest in the Platform, regardless of the format in which it is expressed; and (ii) shall be the exclusive owner of all worldwide right to, title to, and interest in any modifications, customization, variations, or adaptations of the Platform based on or substantially similar to the Platform.
(b) You shall use reasonable means to ensure, through proper instructions and enforcement actions, that access to and use of the Platform by you will be under these Terms and Conditions and will be made and used solely for proper and legal purposes and will be conducted in a manner that does not violate any law, rule or regulation, or the rights of any third party.
(c) Use of the Platform is subject to all these Terms and Conditions, including Parkinsons Education Network, PA’s acceptable use policies. You shall not (i) use, permit the use of, or permit access to the Platform except in accordance with these Terms and Conditions; (ii) modify, translate, reverse engineer, decompile, disassemble, or attempt to derive or alter any source code of the Platform and its Content; (iii) engage in, permit or suffer to continue any unauthorized copying of the Platform; (iv) distribute, sublicense, sell, assign, transfer, rent, lease, pledge, encumber, disclose to any unauthorized third party, or otherwise allow any unauthorized third party to view, the Platform and its Content, or make any attempt to do so; (v) alter, remove, obscure or hinder delivery of any copyright, disclaimer, or proprietary or intellectual property rights notices appearing in the Platform and its Content; (vi) take any action compromising, or that has the possibility of compromising, the enjoyment and use the Platform by any other User; or (vii) take any action compromising, or that has the potential of compromising, Parkinsons Education Network, PA’s rights in the Platform and Content.
9 Security and Privacy
(a) Parkinsons Education Network, PA is not responsible for any information Users may include on the Platform that is subject to HIPAA. If you use, disclose or transmit PHI in connection with the Platform, or its Content, you agree to indemnify Parkinsons Education Network, PA against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney's fees and costs) arising out such use, disclosure, or transmission of PHI.
(b) We have implemented commercially reasonable measures and administrative, technical, and physical safeguards to protect any information stored in the Platform’s database. However, our Platform’s technical offerings are based on several factors that exist outside of Parkinsons Education Network, PA’s control. As such, Parkinsons Education Network, PA cannot guarantee the Platform or its Content will be uninterrupted, timely, or secure at all times.
(c) Parkinsons Education Network, PA works to comply with all applicable laws that concern the privacy of online communications. By using the Platform, however, you acknowledge that the internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised. As a matter of prudence, you are urged to assume that all internet communications are not secure and to not include any sensitive information or PHI on any resources within the Platform.
10 Consent to Electronic Communications and Information You Provide
(a) By providing Parkinsons Education Network, PA with your contact information, you consent to receive unencrypted and unsecured email communication related to your use of the Platform. You agree that any notices, agreements, disclosures, or other communications that Parkinsons Education Network, PA provides to you by email satisfy any legal communication requirements. By signing this agreement, you agree to us using your personally identifiable information for marketing, communications, messaging, scheduling, feedback, and other related purposes and contacting you through push notifications.
(a) Parkinsons Education Network, PA has the right, but not the duty, to monitor your use of the Platform, including any information you provide during registration. Any information you send to Parkinsons Education Network, PA by email may be misdirected or intercepted by unintended recipients. If you have confidentiality and privacy concerns, please consider using an alternative communication mode and do not transmit any sensitive or confidential information to us via email.
(b) By engaging in communication through available Platform communication methods, you agree that Parkinsons Education Network, PA is not responsible for the privacy of any communication transmission. Parkinsons Education Network, PA does not warrant the confidentiality or security of any communication transmission, and you recognize such messages may not be secure.
(c) You are responsible for all information you send through the Platform. This means that you agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. Parkinsons Education Network, PA may edit, delete, modify, ban such information, and take necessary legal action.
11 Submissions of Information
(a) Do not send Parkinsons Education Network, PA any ideas, suggestions, materials, concepts, or other information (collectively “Information”) relating to the Platform. If you violate this policy and send Information to Parkinsons Education Network, PA, that Information will become the property of Parkinsons Education Network, PA. This means that Parkinsons Education Network, PA will have unrestricted use of it for its business and commercial purposes. Parkinsons Education Network, PA will not compensate you and will not be liable to you or any other Information provider.
(b) If you send Information to Parkinsons Education Network, PA, you agree: (i) to waive your rights in any Information; (ii) to warrant that it is original to you; (iii) that you have the right to submit it to Parkinsons Education Network, PA; and (iv) that you have no recourse against Parkinsons Education Network, PA for any alleged or actual infringement or misappropriation of any proprietary right in any Information.
(c) You further agree not to: (i) transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information; (ii) impose an unreasonably large amount of Information on the Platform or otherwise interfere with or inhibit any other User from using or enjoying the Platform; (iii) transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications; (iv) access, use, or copy any portion of the Platform using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; or (v) impersonate another person or allow any other person or entity to use your identification for interacting on Parkinsons Education Network, PA’ social media.
12 Intellectual Property
(a) Except as provided in the License Grant, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Platform, including any trademarks, names, or logo, and you may not redeliver or present any of the pages, text, images, or Content using “framing” technology, nor systematically retrieve data, information, or Content to create a collection, compilation, database, or directory. Parkinsons Education Network, PA reserves all rights not expressly granted.
(b) Except as expressly outlined in these Terms and Conditions, you shall not do any of the following: (i) modify, reformat, or translate the Content, (ii) license, sell, rent, lease, transfer, assign, distribute, offer, or otherwise commercially exploit the Content, or any portion thereof; (iii) use the Content in any manner that allows any person to access the Content other than as expressly provided for in these Terms and Conditions; or (iv) continue to use any Content after the termination of these Terms and Conditions.
13 Operation of the Platform
(a) Parkinsons Education Network, PA makes all reasonable efforts to keep the Platform operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages.
(b) Parkinsons Education Network, PA, however, does not provide any assurance or warranty that: (i) access will always be available; (ii) service will be uninterrupted; (iii) its operation will be error-free; (iv) defects will be corrected; or (v) the servers that operate the Platform are free from viruses or other harmful components.
(c) You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use of Platform and its Content.
14 Limitation of Liability
(a) Parkinsons Education Network, PA assumes no responsibility for any act or omission of you or any User. We encourage you to do your own research.
(b) Under no circumstances will Parkinsons Education Network, PA, its employees, officers, directors, shareholders, or agents be held liable for any indirect, consequential, or punitive damages related to Content used by any User accessed through the Platform greater than $1,000. Users featured on the Platform are independently credentialed, and any issue, warranty, or claim by a User against another, must directly address the respective User.
(c) ALL INFORMATION IN THIS PLATFORM IS PROVIDED ON AN “AS IS” BASIS.
ACCORDINGLY, PARKINSONS EDUCATION NETWORK, PA MAKES NO REPRESENTATIONS, AND NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE PLATFORM OR ITS CONTENT OR OTHERWISE REGARDING THE PLATFORM OR ITS CONTENT. TO THE FULL EXTENT PERMITTED BY LAW, PARKINSONS EDUCATION NETWORK, PA DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PARKINSONS EDUCATION NETWORK, PA GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENT.
(d) By using the Platform, you signify that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on the Platform and are not responsible for any errors or omissions in the information provided or available Content.
(e) Parkinsons Education Network, PA is not responsible for User’s damage or loss. You agree that Parkinsons Education Network, PA is not responsible to you or others for any loss or damages that result from your use (or non-use) of the Platform or its Content. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of the Platform or its Content. Parkinsons Education Network, PA is not responsible, regardless of whether Parkinsons Education Network, PA has been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against Parkinsons Education Network, PA is to stop using the Platform and accessing any Content.
15 No Warranty or Guarantee of Outcome
(a) PARKINSONS EDUCATION NETWORK, PA MAKES NO GUARANTEE AND NO WARRANTY THAT YOU WILL HAVE ANY SPECIFIC BENEFIT FROM USE OF THE PLATFORM OR ITS CONTENT. FURTHER, PARKINSONS EDUCATION NETWORK, PA MAKES NO GUARANTEE, AND NO WARRANTY THAT THE PLATFORM WILL OPERATE UNINTERRUPTED AND ERROR-FREE.
16 Indemnification for Your Use of the Platform
(a) Neither Parkinsons Education Network, PA, nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, members, managers, directors, employees, or agents will be liable for any damages including, but not limited to, indirect; incidental; consequential; special; exemplary; or punitive damages greater than $1,000. Unless otherwise prohibited by law, in no event shall Parkinsons Education Network, PA nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, directors, employees, or agents will be liable for any special, indirect, or consequential damages, or damages whatsoever resulting from loss of use or data, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use of the Platform or its Content greater than $1,000. Your sole and exclusive remedy for dissatisfaction with the Platform is to stop using the Platform and accessing any Content. Parkinsons Education Network, PA provides no indemnification of any kind.
(b) You will indemnify Parkinsons Education Network, PA from any suit or proceeding made or brought against Parkinsons Education Network, PA by a third-party for claims related to your use of any portion of the Platform or its Content.
17 No Assignment
(a) These Terms and Conditions and licenses may not be transferred or assigned by you to anyone but may be assigned by us without restriction.
18 Applicable Law and Enforcement of These Terms and Conditions
(a) The laws of the state of New Jersey, without affecting its principles of conflicts of law, govern all adversarial proceedings arising out of this Agreement. If a User of the Platform takes legal action against us relating to these Terms and Conditions or relating to the User’s interactions with or relationship to Parkinsons Education Network, PA relating to the Platform, that User agrees to file such action only in the state and federal courts located in the State of New Jersey.
(b) By using the Platform, you agree that: (i) if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (ii) that if an unenforceable provision is modified or disregarded under this paragraph, then the rest of these Terms and Conditions will remain in effect as written; and (iii) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
(c) No waiver of any privacy policy or these Terms and Conditions shall be effective unless in writing and signed by an authorized representative of Parkinsons Education Network, PA. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.
(d) Unless later agreed to between the parties, these Terms and Conditions constitutes the entire agreement between you and Parkinsons Education Network, PA related to your use of the Platform. It does not create any relationship between you and Parkinsons Education Network, PA that is not contemplated in these policies.
19 Amendments and Modifications
(a) Parkinsons Education Network, PA may amend or update these Terms and Conditions or its Platform at any time without prior notice. If you use the Platform after any changes, you agree to be bound by the changes then in effect.