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CosMentor Terms of Use

CosMentor provides an internet software platform to allow physicians to share information regarding specific, real cases for educational purposes. By using this site, I agree to use it only for the above purpose, and explicitly agree to the following terms:

  1. I certify that I am a practicing physician fully licensed to perform the procedures about which I am inquiring, and that I will use any information I receive for educational purposes only.
  2. All information provided by a mentor though this site is for educational purposes only, and does not constitute care of the patient. I recognize that the doctor-patient relationship exists solely between myself, as the treating physician, and my patient; all decisions regarding treatment remain my exclusive responsibility.
  3. I will, under no circumstances, use information or advice received through the service in any legal proceeding without first obtaining the express, written consent of the mentor who provided it. Mentors may, at their discretion, seek copyright protection for any and all writings prepared for, or communicated using, the services offered by CosMentor.
  4. All patient information is to be held in the strictest confidence. I agree not to divulge any information without express written consent of the patient, and will keep on file a written release from the patient authorizing me to upload images to CosMentor. I further agree not to upload any other images or files to CosMentor; in particular, I will never upload images which are pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred.
  5. I agree to be solely responsible for any use of the site using my identity (login and password).
  6. I certify that I am fully aware of the United States privacy regulations as described at http://www.hhs.gov/ocr/privacy/ (the "HIPAA" regulations). My use of the Service will, at all times, conform with all applicable laws and regulations. I understand that violations will be subject to prosecution, and that CosMentor will cooperate fully in the investigation and prosecution of all suspected violations of law.
  7. I understand that images are to be uploaded for teaching purposes only. CosMentor will store the images for a reasonable time; CosMentor is not liable for loss or accidental deletion of the images from CosMentor storage devices.
  8. If a claim is brought against CosMentor in connection with any content or information that I have uploaded, or in connection with any of my acts or omissions, I agree that I will indemnify and hold CosMentor harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
  9. I understand and agree that CosMentor may change, revise or modify any of the terms of this agreement at any time by posting them on the Site. Changes will be effective immediately upon posting, and my continued use of the Service will signify my acceptance of the changes; if I do not accept the changes, my sole and exclusive remedy is to stop using the site.
  10. I understand that the email address that I provided when I registered for the service will be stored by CosMentor. While my account is active CosMentor may contact me at that address if necessary. CosMentor will not, under any circumstances, sell or disclose that email address.
  11. I understand and agree that CosMentor reserves the right to suspend or end the services at any time.
  12. CosMentor Services may update the Software on my device automatically when a new version is available.
  13. I understand and agree that The CosMentor software and Services are provided “As is”, at user's own risk, and without express or implied warrant of condition of any kind. CosMentor disclaims any warranties of merchantability, fitness for particular purpose or non-infringement. CosMentor will have no responsibility for any harm to my computer system, loss or corruption of data, or other harm that results from access to or use of the Services or Software. CosMentor cannot guarantee that the software is safe or secure, and is not responsible for the actions, content, information or data of third parties. I agree to release CosMentor, its directors, officers, employees and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim that I have against any such third parties.
  14. I understand and agree that the Service requires the download of a client software package that runs inside the browser (“Software”). CosMentor hereby grants me a limited, nonexclusive, non-transferable, revocable license to use the Software, for the sole purposes of accessing the services. I will not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. My license to use the Software is automatically revoked if I violate these Terms, or use the Software in any way that interferes with CosMentor's intellectual property rights.
  15. This agreement has been prepared in English, and the English language version thereof shall prevail and be binding even if other translations are made available.
  16. This agreement shall be interpreted under the laws of Hong Kong.
  17. With the exception of disputes addressed in the following term (Term # 17), I agree that: (a) If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation in accordance with the International Mediation Rules of the International Centre for Dispute Resolution before resorting to arbitration, litigation or some other dispute resolution procedure. (b) Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. Unless the parties to this agreement agree to select another venue, the place of arbitration shall be in Hong Kong. There shall be only one arbitrator. The language to be used in the arbitral proceedings shall be English.
  18. I understand and agree that all billing and payment will be conducted using PayPal, and I agree to resolve any and all disputes over billing through PayPal’s dispute resolution service.
  19. CosMentor hereby reserves all rights not expressly granted in these Terms.

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