Last Updated: July 6, 2022
Welcome to eprogresstracker.com (the “Site”). My Medical Connections, Inc. (“My Medical
Connections” or “we” or “our”) has developed this Site make it easier for patients and
practitioners to communicate securely with one another, participate in research programs, and
or “user”) of the Site.
You do not have to be a registered End User to use our Site and the information made available
on our Site. However, in order take full advantage of our Platform and Services, through which
users may communicate with each other and participate in research and other programs via our
secured Platform and the Services, you must register as an End User. When you complete the
registration process on the Site, you will be able to fully use the Platform and Services. As part
of the registration process, you must accept our End User License Agreement (“EULA”), our
Platform, Services, End User and other capitalized terms are defined in the EULA, Privacy
Policy, and BAA.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE IS DEEMED AN ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SITE.
We update our Platform and Services offerings our Site from time to time; therefore, we may
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
We are the sole owner the name and logo eProgresstracker™, and of the content and materials
published on our Site (collectively, “Site Content”) and all intellectual property rights associated with our Site Content. Our name, logo, and Site Content is protected by United States and international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way our name, logo, Site Content, or any underlying software or source code.
You may download extracts of Site Content for your personal reference or as necessary for your
medical practice, but not for any other commercial use. You must keep intact all copyright and
other proprietary notices on the Site Content you download and use and you must include our
copyright notice on any copies you make of the Site Content. You may not use any illustrations,
photographs, video or audio sequences or any graphics separately from any accompanying text.
RELIANCE ON CONTENT; NOT ADVICE
Our Site Content is not intended to be used or interpreted as medical advice, and you should not rely on the timeliness, accuracy, or veracity of the Site Content. If you believe you or your loved one is experiencing a medical emergency, please contact your provider immediately through all available means. The Platform and Services are not offered or guaranteed as the best means for reaching your provider in a medical emergency. We disclaim all liability and responsibility arising from any reliance placed on the Site Content by you or anyone who may be informed of any of the Site Content. We further disclaim any warranty or guarantee that you will be able to reach your provider or your patient in a timely manner through the Platform and Services.
CHANGES; DISCONTINUANCE OF SITE
We endeavor to regularly update our Site and the Site Content, but we are under no obligation to do so. The look, structure, functionality, and Site Content may be changed from time to time. We may suspend your access to the Site or portions of the Site, and/or to the Platform and Services. We may discontinue the Site, Platform, and some or all Services at any time as we deem necessary in our sole and absolute discretion.
You may use our Site only for lawful purposes. You may not use our Site:
• in any way that breaches any applicable law or regulations;
• in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm any other user, third party, or
professional practice in any way;
• to use or re-use any Site Content in violation of these Terms;
• to cause us liability, damages, or reputational harm;
• to introduce any viruses, trojans, worms, logic bombs or other material which is
malicious or technologically harmful;
• in any way that interferes with, damages, or disrupts any part of our Site, any equipment
or network on which our Site is stored, any software used in the provision of our Site, or any
equipment or network or software of any third party.
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF
ANY KIND. YOUR USE OF THE SITE, SITE CONTENT, PLATFORM AND SERVICES IS
AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT
THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE,
THE PLATFORM, SERVICES, OR THE SERVERS ON WHICH THE SITE IS HOSTED ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY,
COMPLETENESS, SECURITY, OR TIMELINESS OF THE SITE CONTENT. SOME
JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR
LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION
OF IMPLIED WARRANTIES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU, ANY END USER, ANY
MEDICAL PRACTICE, OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS, LOSS OF
DATA, COMPUTER VIRUSES, TECHNICAL, HARDWARE OR SOFTWARE FAILURES,
OR LOST OR UNAVAILABLE NETWORK CONNECTIONS, ARISING FROM YOUR USE
OR INABILITY TO USE THE SITE, PLATFORM, SERVICES, OR SITE CONTENT
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
FOUNDATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SITE. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN
THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY
PROVIDED FOR HEREIN.
from visitors to our Site and from registered End Users. Please review the terms of our Privacy
Policy before using our Site. By using our Site, you consent to such collection and processing of
LINKS TO THIRD PARTY WEBSITES
Our Site may contain links to other websites and resources provided by third parties or by End
Users who are medical providers, work in the medical research field, and/or their practice
partners and staff (“Medical Professionals”). We provide these links as a convenience to our
Site users, End Users, and End User Medical Professionals for convenience and informational
purposes. When you click on any of these links, you will leave our Site and connect to the third
party’s website (“Third Party Site”). We have not reviewed the content on any Third Party Site.
We have no control over the content displayed on any Third Party Site, and we accept no
responsibility for the content or accessibility of any Third Party Site, or for any loss or damage
that may arise from your use of any Third Party Site or any content displayed on them or links
from them. We do not endorse or make any warranties or representations about any Third Party
Site or any information, software or other products or materials found there, or any results that
may be obtained from using them. We do not guarantee that your use of services from any third
party or their Third Party Site will provide you with medical, or personal benefits. If you decide
to access any of the Third Party Site, you do this entirely at your own risk.
These Terms will be interpreted in accordance with the laws of the State of California, exclusive
of its choice of law provisions. Judicial proceedings (other than small claims actions) that are
excluded from this arbitration clause (as set forth below) must be brought in the Santa Clara
Superior Court or the United States District Court for the Northern District of California. The
parties consent to venue and personal jurisdiction in Santa Clara County, California.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be
settled by arbitration administered by the American Arbitration Association in accordance with
its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may
be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator.
The arbitration shall be governed by the laws of the State of California. Time is of the essence
for any arbitration under these Terms and arbitration hearings shall take place within 90 days of
filing and awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to
accepting appointment. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.
We agree that the following causes of action and/or claims for relief are exceptions to this
arbitration clause and must be brought in a judicial proceeding either in the Santa Clara Superior Court or the United States District Court for the Northern District of California: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of our name, logo, Site Content, or any intellectual property rights of My Medical Connections; or (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack). In the event that any portion of this arbitration clause is deemed illegal or unenforceable, such provision will be severed and the remainder of this arbitration clause will be given full force and effect.
If for any reason a state or federal court of competent jurisdiction finds any provision of these
Terms to be unenforceable, that provision shall be enforced to the maximum extent permissible
so as to effectuate the intent of the parties as reflected by that provision, and the remainder of
these Terms shall continue in full force and effect. Any failure by us to enforce or exercise any
provision of these Terms or related right shall not constitute a waiver of that right or provision.