These Terms of Service (the "Terms") are a legally binding contract between the user ("you") and Dorsata, Inc. ("Dorsata," "we," or "us"). Dorsata provides the Services (as defined below) to you subject to these Terms, which may be updated by Dorsata from time to time without prior notice. You can review the most current version of the Terms at any time at http://www.dorsata.com/terms. These Terms govern your use of the Services.
BY CLICKING "I ACCEPT", OR BY ACCESSING AND USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SERVICES.
Dorsata is dedicated to encouraging the development, dissemination and implementation of evidence-based clinical pathways. Dorsata does not offer medical advice. Any Content accessed through Dorstata is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. Dorsata does not recommend or endorse any third-party service providers, health care providers, specific tests, physicians, products, procedures, opinions, web sites accessed through Dorsata or other information that may be mentioned on the Services or accessed by the Services. Dorsata provides users with access to an interactive pathway creation platform (the "Services"). The specific features of the Services that are available may change from time to time and Dorsata may choose to discontinue some or all of the Services at its Sole discretion. Our role is to dynamically host some of the largest collaboratively-edited treatment pathways in the world. We act only as a hosting service, maintaining the infrastructure and organizational framework that allows our users to build the pathways by contributing and editing Content themselves. Because of our unique role, there are several issues you should keep in mind when considering our relationship to you, the pathways, and the other users.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
We do not take an editorial role: Because pathways on Dorsata can be collaboratively edited, all of the Content that we host is provided by users like you (“Community”), and we do not take an editorial role. We may review Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content that we reasonably believe violates our policies or the law. That does not necessarily mean that we review Content, so please don’t assume that we do. Our Services display some content that is not Dorsata’s. This content is the sole responsibility of the entity that makes it available. For Clarity, when Content is created within a sub-network of Dorsata, such as sub-network that may be administrated by a health care institution or sub-specialty society, the responsible network administrator for the particular entity may exercise editorial oversight at his or her discretion. This means that we generally do not monitor or edit the Content of the pathways, and we do not take any responsibility for this Content. Users can create, contribute to, or submit information for pathways including Content such as data, text, scripts, images, sounds, music, videos, audiovisual combinations, interactive features and other things embodied therein (collectively, “Content”). Users can also copy pathways which are published on Dorsata and edit (or “personalize”) them for their own accounts. Personalized pathways are derivations of published pathways in which the author of the personalized pathway grants a non-exclusive, royalty-free, perpetual, worldwide license to the Content and/or use of the personalized pathway by the Community. You are solely responsible for the truthfulness and accuracy of your Submissions. By use of the Services, you acknowledge and agree that: (a) your pathways do not contain Patient Information or proprietary information; (b) Dorsata is not under any obligation of confidentiality, express or implied, with respect to the pathway Content and eventual use data; (c) Dorsata shall be entitled to collect data on Content and pathway creation as well as pathway use for any purpose, in any way, in any media worldwide. Dorsata shall be free to use any ideas, concepts, know-how or techniques contained in any and all Submissions for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such Submissions. These licenses granted to Dorsata by you are non-exclusive, worldwide, royalty-free, perpetual, sub-licensable, assignable and irrevocable.
You are responsible for your own actions: You may use our Services only as permitted by law, including applicable international, export and re-export control laws and regulations. You are legally responsible for your edits and contributions on available pathways, so for your own protection you should exercise caution and avoid contributing any Content that may result in criminal or civil liability under any applicable laws. Dorsata does not offer any protection, guarantee, immunity or indemnification for the Content of pathways. For clarity, applicable law includes at least the laws of the United States of America. Although we may not agree with such actions, we warn editors and contributors that authorities may seek to apply other country laws to you, including local laws where you live or where you view or edit Content. You are responsible for using your professional judgment to evaluate and confirm the information you obtain. The Services and Content are not a substitute for the competent analysis and professional judgment of health care professionals. Similarly, we do not endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on the site, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any submitted community Content. The pathways should describe basic principles of diagnosis and therapy. The information provided in the pathways is no substitute for individual patient assessment based upon the healthcare provider's examination of each patient and consideration of laboratory data and other factors unique to the patient. The pathways should be used as an informational tool to assist healthcare professionals with diagnostic and treatment decisions, bearing in mind that individual and unique circumstances may lead the user to reach decisions not presented in the pathways. The opinions expressed in the pathways are those of its authors and editors and may or may not represent the official position of any medical societies cooperating with, endorsing or recommending the pathways. The Content or pathways are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Dorsata. If you think you may have a medical emergency, call your doctor or 911 immediately.
Limited Academic version: Dorsata will provide Qualified Users at academic institutions with a personal, non-exclusive, non-transferable, limited license to use a restricted version of the Services for internal, non-commercial use for non-profit research or educational purposes only according to the terms of this Agreement. To be a "Qualified User", an individual must be a student, researcher, professor, instructor or staff member of a non-profit educational institution or organization who uses the Services solely for non-profit research or educational purposes. The restricted version of the Services will provide read-only access to pathways created by licensed healthcare professionals. All other terms apply.
You may find some material objectionable or erroneous: Because we provide a wide array of Content that is produced or gathered by fellow users, you may encounter material that you find offensive, erroneous, misleading, mislabeled, or otherwise objectionable. In such situations, please activate a flag that will notify the pathway creator and network administrator, and please consider submitting a general comment.
Patient data must be protected: State, Federal and International laws, as well as ethical and licensure requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain confidential Patient Information ("Patient Information") and/or to transmit Patient Information to third parties. You represent and warrant that you will, at all times, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws. Dorsata does not collect, and you are prohibited from providing, personally identifiable health information about individuals or Protected Health Information (PHI), as the terms are defined in the Health Insurance Portability and Accountability Act of 1996(HIPAA) and related statutes and regulations. Dorsata is not a "covered entity" or a “business associate” under HIPAA. As a result, HIPAA does not apply to the transmission of Content by Dorsata to any third party. We do not guarantee the privacy of any of our personalized pathways and accept no responsibility or liability for any breach of privacy or security on Dorsata. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SERVICES ON THE SITE. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY CONTENT (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE SERVICES) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
Your representations, warranties, and obligations in this section survive termination of these Terms.
Links to outside materials: The Services may include links to third-party sites. Dorsata may screen, modify, refuse, or remove certain Content links from third-party sites or third-party services, but is not responsible for and does not endorse any third-party links, content or services. The linked sites are not necessarily under the control of Dorsata and Dorsata is not responsible for nor does it certify the Content of any linked site or any link contained in a non-affiliated linked site. If you decide to access any of the third party sites linked through the Services, you do so entirely at your own risk. Dorsata retains the right to disable or remove any link that violates any rights of Dorsata or causes interruption or deterioration of the Services at any time.
The pathways hosted by Dorsata exist only because of the vibrant community of users like you who collaborate together to write, edit, and curate the Content. We happily welcome your participation in this community. We encourage you to be civil and polite in your interactions with others in the community, to act in good faith, and to make edits and contributions aimed at furthering the mission of the shared pathway.
Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability. Therefore, for your own protection and for that of other users, you may not engage in such activities on our sites. These activities include:
We reserve the right to exercise our enforcement discretion with respect to the above terms.
Dorsata respects the intellectual property of others. Dorsata does not, however, independently confirm that all Content made available through the Services is provided by a valid rights holder. In the event that Dorsata becomes aware that Content published on or through the Services may have been provided by a person who is not a valid rights holder, Dorsata may, in appropriate circumstances and at its sole discretion, disable and/or terminate the publication of such Content and terminate access by the person associated with such content. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Claims of copyright or other intellectual property infringement should be sent to Dorsata's Copyright Agent by mail, or email as follows
c/o Copyright Agent
16 Cavendish Ct.
Lebanon, NH 03766
By Email: firstname.lastname@example.org
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid and we will not be required to comply with your request. Similarly, we will not comply with requests to remove Content if you cannot prove that you own the copyright to the Content in question.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any Content or material on the Services is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney who is knowledgeable in this area of the law.
Your use of the Services is subject to and expressly conditioned on your compliance with these Terms. If you fail to comply with the Terms or any other guidelines and rules published by Dorsata, we may terminate and/or suspend your access to any portion of the Services. Any such termination or suspension shall be in Dorsata's sole discretion and may occur without prior notice, or any notice. Dorsata further reserves the right to terminate or suspend any user's access to the Services or to any portion of the Services for any conduct that Dorsata, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Dorsata or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Dorsata further reserves the right to terminate or suspend any user's access to the Services, or to terminate the Services in their entirety, for any reason or for no reason at all, in Dorsata's sole discretion, without prior notice, and with no liability to you.
Dorsata may also suspend or terminate any user account for any of the Services because of user inactivity. For example, an account may be terminated or suspended if a user fails to sign-in to the Services for an extended period of time. What is considered "user inactivity" varies and shall be in Dorsata’s sole discretion. If your account is suspended or terminated for inactivity, your right to use the Services immediately ceases.
The Services are designed to require users to provide a valid, working e-mail address and password to access and use the Services. Upon registering, you will receive a password, which you may change from time to time. Certain other Content, features, or functionalities within the Services may require additional access codes. Your e-mail address and the password and codes assigned to you are, collectively, your "Credentials."
You are solely responsible for (1) maintaining the strict confidentiality of your Credentials, (2) not allowing another person to use your Credentials to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your Credentials. You agree to immediately notify Dorsata in writing of any unauthorized use of your Credentials or any other breach of security, and to ensure that you sign out from your account at the end of each session. Dorsata is not and shall not be liable for any harm arising from or relating to the theft of your Credentials, your disclosure of your Credentials, or the use of your Credentials by another person or entity.
Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Dorsata hereby notifies you that any or all communications with this Site may be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Dorsata in its sole discretion and without further notice.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DORSATA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, DORSATA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. DORSATA SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DORSATA DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR (1) THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT OR INFORMATION OR MATERIAL PROVIDED BY OR ACCESSIBLE THROUGH THE SERVICES; OR (2) THE USE OF OR INABILITY TO USE THE SERVICES; OR (3) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; OR (4) BREACHES OF SECURITY; OR (5) INFORMATION COMMUNICATED THROUGH THE SERVICES; OR (6) THE SATISFACTION OF ANY GOVERNMENT REGULATION REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION OR "OFF-LABEL" DRUG PRODUCTS WITH REGARD TO THE CONTENT PROVIDED WITHIN THE SERVICES; OR (6) ANY OTHER FAILURE TO PERFORM BY DORSATA OR DORSATA'S CONTENT PROVIDERS.
DORSATA DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. DORSATA MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY STORAGE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL DORSATA OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF DORSATA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES OR THE DORSATA NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL DORSATA OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
IF, NOTWITHSTANDING THESE LIMITATIONS OF LIABILITY, DORSATA IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE TO YOU IN ANY WAY, IN NO EVENT SHALL DORSATA'S LIABILITY EXCEED THE GREATER OF (A) THE FEES YOU HAVE PAID TO DORSATA DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) FIFTY DOLLARS ($50.00). YOU AND DORSATA AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND DORSATA. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, DORSATA WOULD NOT PROVIDE THE SERVICES TO YOU.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Dorsata makes no representation that the Services or Content are appropriate or available for use in any particular jurisdiction, and access to them from jurisdictions where their Content is illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or any Content in violation of United States export laws or regulations. Any claim relating to the Services or these Terms shall be governed by the internal substantive laws of the State of Delaware.
By using the Services, you accept these terms. If you do not accept them, do not use the Services.
THE DORSATA BETA SOFTWARE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE DORSATA BETA SOFTWARE AND/OR ACCOMPANYING MATERIALS.
The term of this agreement is valid until the date that the Services are made generally available.
The Services are being offered to you in a pre-release version. The Services may not work the way a final version of the Services will work. Dorsata is continually innovating to provide the best possible experience for its users. You understand and agree that Dorsata may change the Services and may discontinue offering them or various features of the Services, temporarily or permanently, at any time, for any reason, without prior notice. Dorsata also may not release a commercial version of the Services.
If you give feedback about the Services to Dorsata, you give to Dorsata, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. Dorsata shall own any and all intellectual property rights to any product or service that embodies the feedback. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of an Dorsata software or service that includes the feedback. You will not give feedback that is subject to a license that requires Dorsata to license its services, software, or documentation to third parties because we include your feedback in them. These rights survive this agreement.
The Services are made available to you under a license. The license gives you only certain limited rights to use the Services. Dorsata reserves all other rights. You may not
This supplement and the Terms constitute the entire agreement for the Services.