Effective Date: December 2016
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING FOR, OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.TSG MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT TSG MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR CONTINUED USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
About the Website
TSG provides a service that allows users to better understand the changing landscape of medicine, including, but not limited to, healthcare reforms, billing and coding of patient encounters, job contract negotiations. In addition, the service empowers physicians and physician extenders with knowledge regarding some of the legal and financial components related to their practices. This service is geared toward a variety of users in the medical profession, such as physicians, nurse practitioners, physician assistants, and other physician extenders. Specifically, TSG provides education and training resources to users and allows users to connect with each other and form specific interest groups. Through the utilization of blogs, videos, workshops, and live seminars, TSG seeks to unite and educate Physicians and Physician Extenders on the more clerical aspects of operating a medical practice. TSG provides a platform for professionals in their respective fields to educate users of the Website. Even though any user may post blogs to the Website, only administrators of the Website can draft and post articles directly to the Website.
In order to obtain access to some “premium” content, such as videos, through the Website, TSG may request users to refer other individuals, such as healthcare providers, to the Website. Once a referred individual has registered for the Website, TSG will make the “premium” content available to the user that referred that individual. In order to make a “qualified referral,” (1) the referred individual referred must be a new user who has never previously registered for an account with the Website or TSG and (2) the referred individual must register for the Website.
In addition to completing specific forms mandated by relevant regulatory authorities, users will be required to correctly respond to a predetermined amount of questions after watching a video found on the Website in order to obtain Continuing Education (CE) credits directly granted by third-parties, such as IMNE. Once the forms are completed, users may print off the corresponding CE certificate. TSG merely provides a platform for you to obtain CE credits from a third-party organization, such as IMNE, that specifically regulates and grants such CE credits. TSG is not directly involved in the granting of CE credits.
It is not the intention of TSG to provide any medical advice, diagnosis, treatment, or any other medical opinion or recommendation. Rather, the Website and related content on the Website is for informational and research purposes only. TSG urges you to consult with a qualified medical professional for diagnosis and for answers to your health-related questions. The information should not be considered complete or up to date, nor should it be relied on to suggest a course of treatment for a particular individual. If you have a medical emergency, contact your doctor or 911.
Further, TSG does not recommend or endorse any advice, procedures, opinions, or information on the Website. Your reliance upon any information provided by TSG, others appearing on this Website at invitation by TSG, or other visitors or users of this Website is solely at your own risk. Even though TSG provides technology support for users of its Website and Database, you understand that TSG is not obligated to provide any maintenance, technical or other support for the Website. Also, you are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
TSG is not responsible for any content uploaded, transmitted, or posted to the Website. You are solely responsible for interactions with other users of the Website. Further, your reliance upon any information provided by TSG or by other users of the Website is solely at your own risk. You understand that TSG is not obligated to provide any maintenance, technical or other support for the Website.
Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to TSG and the Website is accurate and valid. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Website. You represent and warrant that you own or have the necessary licenses, rights, and permissions to publish content you submit to the Website. You agree to comply in good faith with the terms of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and TSG makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
Ownership of Website and License
Excluding your content, you acknowledge and agree that TSG is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of TSG.
TSG hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from TSG, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to TSG.
All trademarks (common law or registered), copyrights (common law or registered), and service marks displayed on this Website are the property of their respective owners. Specially, all TSG marks are the property of TSG, including, but not limited to THE SEN’S GROUP, MARK, and all TSG logos. In addition, the creative selection, coordination, and arrangement of information and materials forming the Database are property of TSG. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of TSG. You are prohibited from using TSG’ trademarks, copyrights, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of TSG.
You may submit content to the Website, including, but not limited to blogs/forums; videos, images, files, and text. You understand that TSG does not guarantee that confidentiality of any content that you submit to the Website and any other user may view such content.
You retain all ownership rights to the content you submit to the Website. However, by submitting the content to the Website, you hereby grant TSG a limited, irrevocable, worldwide, perpetual, non-exclusive, royalty free, sub-licenseable, and transferable license to use, reproduce, distribute, transmit, adapt, modify, publish, and display your content (including in digital form) for any purpose regardless of the form or medium. Specifically, TSG may display your content in any order or orientation on the Website. You also hereby grant each user of the Website a non-exclusive license to access your content through the Website and its associated services. Any display, reproduction, or republication of all or part of your content by other users, without your permission, is expressly prohibited. The above license granted by you in the content you submit to the Website terminate within a commercially reasonable time after you remove or delete your content from the Website. You understand and agree, however, that TSG may retain, but not display or distribute, server copies of your blog posts, videos, images, files, and text.
You may download content and materials displayed on the Website for supporting your use of the Website, provided that you retain all copyright and other proprietary notices contained in such content and materials.
Further, you agree that the content you submit to the Website will not contain third party copyrighted material, or material subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant TSG all of the license rights granted herein.
Account Registration and Payment
In order to receive a license to access TSG premium content, you may be required to pay a membership fee. Premium content includes, but is not limited to educational resources provided by experts in their respective fields. In order to obtain access to some “premium” content, such as videos, through the Website, TSG may request users to refer other individuals to the Website. Once a referred individual has registered for the Website, TSG will make the “premium” content available to the user that referred that individual.
Memberships will automatically renew unless you delete your account or opt out of premium content access. Each license is limited to only one (1) user during the duration of its term. TSG may, at its sole discretion, suspend your access to the Website and Database if multiple logins are detected from different users on one license.
If applicable, all payment must be completed in full prior to TSG performing any services or providing you with access to the Website and/or Database. The membership fees will be set at the sole and exclusive discretion of TSG. Any and all fees paid to TSG are nonrefundable and nontransferable.
Payment may be processed by TSG via credit card or check and alternatively through a third-party payment processor such as PayPal, Google Wallet, Shopify, or any such similar third-party platform. It is your sole responsibility to review and comply with all Terms and Policies of any third-party payment processor.
You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your account if and when that information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website. TSG reserves the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning.
You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity. You understand and agree that TSG will not be held liable for any user’s failure to complete a transaction entered into through the Website.
TSG may change any terms and conditions regarding your use of the Website at any time. Your use of the Website shall constitute acceptance of any changes made to this Agreement.
You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not reveal your password to others. You agree that you alone are responsible for your account. You accept full responsibility for any and all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact TSG immediately. You agree to hold harmless and indemnify TSG for any damages that arise out of or in relationship to the use of your account.
By creating an account, you agree that TSG, and its designees and agents, may contact you by any available means, including, but not limited to, by email.
Section 230 of Communications Decency Act
You acknowledge and agree that TSG is an interactive computer service provider under Section 230 of the Communications Decency Act. Though TSG may edit, remove, or control the content displayed through the Website, you agree that TSG will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
Third Party Links
You understand that the Website may contain links to third party websites, applications, or services that TSG does not own or control. You agree that TSG will not be held responsible or liable for the content of third party websites, applications, or services and that TSG’s inclusion of those websites, applications, or services within its Website does not constitute TSG’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
TSG does not endorse or recommend any opinion, recommendation, advice, commercial product, process, or service. The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of TSG and are not intended to be used for advertising or product endorsement purposes.
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are expressly prohibited from:
- using a robot, spider, scraper, or other automated technology to access the Website;
- imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
- circumventing TSG’ technological and physical security measures;
- reverse engineering the Website’s source code;
- impersonating another;
- posting or transmitting content that threatens or encourages bodily harm or destruction of property;
- posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties;
- posting or transmitting content that is offensive, threatening, defamatory, derogatory, or obscene;
- posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and
- posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to TSG by sending an email to firstname.lastname@example.org.
Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. TSG may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
Disclaimer of Warranties
TSG disclaims any responsibility for any harm or liability arising out of or related to your use of the website or services or products purchased through the website. TSG provides the website, the database, and the services and products through the website and the database on an as-is basis and without warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, non-infringement, or quality. Some jurisdictions do not allow an exclusion of implied warranties. If you are located in such a jurisdiction, this exclusion may not apply.
TSG will not be held liable or responsible for any content posted on the website, including but not limited to any advice, opinions, or marketing provided by any third party, any third party links posted on the website, or any content transmitted through the website. TSG is a service provider and does not assume responsibility for any error, omission, interruption, deletion, defect, destruction of identity, unauthorized access to an account, or alteration thereof. TSG reserves the right to discontinue the website at any time.
TSG will not be held liable for network, internet, computer, hardware, or software program malfunctions, failure, delays, or difficulties with the website at any time. The use of services of the downloading or other acquisition of any materials through the website is done at your own discretion and risk with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Limitation of Liability
TSG will not be liable to you under any legal theory for any damages, claims, injuries, judgments, costs, or liabilities arising out of or related to your use or misuse of the website or your use of products or services offered through the website, including, but not limited to, loss of business, loss of income, special damages, incidental damages, consequential damages, punitive damages, or exemplary damages. You understand and agree that the maximum amount that TSG can be held liable to you under any circumstance is the amount that you paid, if any, for services purchased through the website, and in no case will tsg‘s liability to you exceed $100. If no amount is paid by you to TSG, you agree that you will be limited to injunctive relief only unless otherwise permitted by law.
The website may contain technical inaccuracies or typographical errors or omissions. TSG is not responsible for any such typographical or technical errors listed on the website.
Further, TSG will not be liable in any way for third party goods or services offered through the website or for assistance in conducting commercial transactions through the website, including without limitation the processing of orders.
Some jurisdictions do not allow the exclusion or limitation of damages. If your jurisdiction does not allow the exclusion or limitation of damages, you should seek legal counsel to understand your legal rights under the law.
You agree to hold harmless, indemnify, and defend TSG, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or products purchased through the Website, your reliance upon advice provided through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend TSG under the terms of this Agreement will not provide you with the right to control TSG’s defense, and TSG reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify TSG.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. TSG may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of New Jersey without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against TSG or the Website will be exclusively resolved through arbitration.
You and TSG agree that arbitration will be the exclusive forum and remedy at law for any disputes arising out of or relating to this agreement, your use of the website, or the purchase of services from TSG, including any disputes concerning the validity, interpretation, violation, breach, or termination of this agreement. Arbitration under this agreement will be held in new jersey and in accordance with the most recently effective commercial arbitration rules of the american arbitration association. The arbitration proceeding will be decided by a single arbitrator and the arbitrator will decide the arbitration proceeding by applying the laws and legal principles of the state of new jersey and the federal laws of the united states. The losing party will be required to pay the prevailing party‘s reasonable attorneys‘ fees. You and TSG agree that the situs of this agreement is in the state of new jersey and you and TSG agree to submit to the exclusive personal jurisdiction of any such arbitrator or arbitration proceeding.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and TSG will not knowingly collect personally identifiable information from children under the age of eighteen (18), without prior review by a parent or legal guardian. If TSG inadvertently collects such personally identifiable information, TSG will delete the personally identifiable information in accordance with its security protocols.
Limitation On Actions
TSG and you both agree that any cause of action arising out of or related to the website or any services purchased through the website must commence within one year after the cause of action accrues. Failure to assert said cause of action within one year will permanently bar any and all relief.
Reservation of Rights
All rights not expressly granted herein are reserved to TSG.
Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:
The Sen’s Group LLC
140 Prospect Avenue, Apt. 9N
Hackensack, NJ 07601
A copy of any such notice must be emailed to email@example.com, but email notice alone shall not comply with the notice requirements of this Agreement.
This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.