MSKexperts.com

This letter contains the agreement between you (“You”) and Therapeutic Needling Institute LLC, also d/b/a MSKexperts.com (TNI)(“Agreement”). Per the details set out below you will have access to the TNI web-based educational platform (“Website”).

NOW, THEREFORE, for one dollar and in consideration of the mutual promises herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

• Products and Services. 

1. You will be a Community Member;
2. You will have access to the Community and Dashboard features;
3. You will not have access to the Therapeutic Needling Institute (TNI) web-based content.  You may upgrade to PREMIUM MEMBERSHIP, which includes benefits of Community Membership and access to TNI web-based content, videos, and related discussions.

• Your Covenants.

1. You agree to abide by the community standards required for all participants in the listserve, as those standards may be amended from time to time; 
2. You will remain in good standing as a licensed physician;
3. Your access to MSKexperts.com is personal to you only and you may not transfer or lend your access in any way, either temporarily or permanently;
4. You agree to provide feedback to TNI by providing responses to at least one  Survey each year. The amount of time needed to provide responses to the survey will be designed to be less than 15 minutes. You are further requested, but are not obligated, to provide any additional feedback or suggestions for improvement to the Website and Content.

• Copyright and Intellectual Property Matters.

1. You agree that all material and content in any form which is produced and posted on the Website, including all derivative works, all goodwill and all moral rights (“Content”), remain the sole property of TNI or as otherwise subject to separate agreements with other producers of the Content. You agree that, without limitation, you will not reproduce, copy, rebroadcast, disassemble, use, exhibit, publish, display the Content or sell, transfer, license the Content, or take any other similar actions with respect to the Content. 
2. You agree that any and all materials, suggestions, ideas, contributions you provide to TNI through any medium or format (e.g. spoken, written, images, audio, video, text, digital, etc.) (“Community Members Materials”) shall be the property of TNI, to be used at its discretion for any purpose.  TNI reserves the right to use or not to use any such Community Members Materials in its sole discretion. No reimbursement or remuneration of any kind beyond the Community Membership access will be required or is in any way implied or stated.  For the avoidance of doubt and without limiting the foregoing, you agree that all original Community Members Materials which are made by you (solely or jointly with others) and provided to TNI and which are protectable by copyright, are works made for hire, as that term is defined in the United States Copyright Act and as understood and applied by courts in construing such law and such work will be the property of TNI. 

• Miscellaneous Provisions.

1. Choice of Law.  This Agreement shall be governed by and construed in accordance with the domestic laws of the Commonwealth of Massachusetts without giving effect to any choice of law or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts. 
2. Successors and Assigns.  This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. TNI may assign or otherwise transfer this Agreement to any successor in interest without restriction, and you agree to such assignment and transfer.
3. Survival.  Provisions of this Agreement identified by the context to survive the termination or expiration of this Agreement shall so survive.  
4. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof, and it supersedes all prior oral or written agreements, commitments, or understandings, with respect to the matters provided for herein.  
5. Amendment.  This Agreement shall not be amended or waived except by written amendment duly executed by your and TNI’s authorized representatives.  
6. Termination. The contract can be terminated as follows: by you at will by providing to TNI written notice of termination; (b) by TNI in the event of your breach of this Agreement or the cessation of the Website for any reason.
7. Waiver. The waiver by either you or TNI of a default or breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent default or breach of the same or of a different provision by that Party.  No waiver or modification of this Agreement or of any covenant, condition, or limitation contained in this Agreement shall be valid unless in writing and duly executed by the Party or Parties to be charged therewith.
8. Additional Documents. The Parties agree to execute and deliver such documents subsequent to closing as may be necessary to effectuate the intentions of the Parties hereto.  Notwithstanding the foregoing, neither Party will be required to assume obligations greater than those intended herein. 
9. Severability.  If any provision herein should, for any reason, be construed by a court of competent jurisdiction to be invalid or unenforceable, all other provisions shall remain in full force and effect and be construed so as to make this Agreement enforceable to the maximum extent allowed by law.
10. Limitation of Action.  You must bring any legal action arising from or in connection with this Agreement within one year after the cause of action arises.  
11. Dispute Resolution Process. Each Party hereby agrees that in the event of a dispute between them, they will submit the dispute to non-binding mediation for resolution. Such mediation shall be held in a location as determined by TNI. If the Parties, however, are unable to resolve any dispute through mediation, the Parties hereby agree that, in order to obtain prompt and expeditious resolution of any disputes under this Agreement, each claim, dispute, or controversy of whatever nature, arising out of, in connection with, or in relation to the interpretation, performance, or breach of this Agreement, including without limitation, any claim based on contract, tort, or statute, or the arbitrability of any claim hereunder (a “Claim”), shall be settled, at the request of either Party of this Agreement, by final and binding arbitration conducted by a commercial arbitration firm chosen by TNI, with the arbitration to be held in a location as determined by TNI. All such Claims shall be settled by one arbitrator in accordance with the Commercial Arbitration Rules then in effect of the American Arbitration Association. The arbitrator shall be chosen by mutual agreement of the Parties, provided that, absent such agreement, the arbitrator shall be appointed by the arbitration provider. Each Party hereto expressly consents to and waives any future objection to such forum and arbitration rules. Judgment upon any award may be entered by any state or federal court having jurisdiction thereof. Adherence to this dispute resolution process shall not limit the right of TNI to obtain any provisional remedy, including without limitation, injunctive or similar relief set forth above, from any court of competent jurisdiction as may be necessary to protect its rights and interests pending arbitration. Notwithstanding the foregoing sentence, this dispute resolution procedure is intended to be the exclusive method of resolving any Claims arising out of or relating to this Agreement. The arbitration procedures shall follow the substantive law of the Commonwealth of Massachusetts, including the provisions of statutory law dealing with arbitration as it may exist at the time of the demand for arbitration, insofar as said provisions are not in conflict with this Agreement, and specifically excepting therefrom sections of any such statute dealing with discovery and sections requiring notice of the hearing date by registered or certified mail. 
12. No Partnership. You agree that the above consideration is the complete consideration you will receive as a Community Member, and we both agree no partnership, joint venture, or employment relationship is formed hereby. 
13. Force Majeure.  TNI shall not be liable for any delay in performing any covenant or obligation hereunder, or any cessation of or interruption of services, including but not limited to those arising out of fire, flood, explosion, war, strike, power blackout, pandemic, epidemic, terrorism, nature, civil or military authority, or acts of God.  
14. Enforceability.  This Agreement may be executed by clicking the “OK” button to access the Content. Once executed, this Agreement shall be in full force and effect until and unless terminated by one of the Parties as set out above. In such event, this Agreement shall be deemed to be a legally enforceable contract under the United States Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq, whether it remains in electronic form or is subsequently reduced to a written document. This Agreement in electronic form shall be deemed to have been authentically executed by each of the parties hereto upon that party’s confirmation via email or by that party’s use of digital signature, electronic, or facsimile signature, or any other means agreed upon by the parties to verify identity and content.

• Limitation of Warranties; Limitation of Damages.

1. TNI MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE CONTENT OR OTHERWISE, AND TNI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.    
2. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL TNI, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO DISTRIBUTOR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF REVENUE, LOST PROFITS, LOSS OF GOODWILL, LOST BUSINESS, OR CONSEQUENTIAL DAMAGES, OR ANY AND ALL OTHER DAMAGES WHATSOEVER WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
3. IN NO EVENT SHALL TNI’S LIABILITY EXCEED REIMBURSEMENT OF YOUR INITIAL COMMUNITY MEMBERSHIP FEE.
4. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES TNI’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

• Disclaimer

All content and teaching materials on MSKexperts.com and the Therapeutic Needling Institute (“TNI”) are for educational purposes only.  TNI disclaims all warranties with regard to information posted on this site.  Whether posted by TNI or any third party;  this disclaimer includes all implied warranties of merchantability and fitness for a particular purpose. TNI is not responsible for the opinions and information posted by members. You agree to use this platform at your own risk and potential risk to your patients. You understand that all medical treatments and interventions carry risk, and you are to use sound judgment and consider and discuss with your patient the spectrum of diagnostic and interventional options before implementing any treatments or interventions.  You agree to implement treatments and interventions that are within the scope of your practice.  MSKexperts.com and TNI are not responsible or liable in any way for any harm or injury to you or your patients. You agree to indemnify and hold harmless TNI (and its directors, managers, officers, employees, agents, attorneys and members) from any and all claims arising from your medical practice (e.g. claims brought by your patients) and your use of MSKexperts.com.

Welcome

Thank you for being part of our community.  To ensure the best possible experience for all members, we have established basic guidelines for participation.  By joining MSKExperts.com, you confirm that you have read and will follow the community rules.   If you have questions or concerns please contact us at support@mskexperts.com.

The Purpose

The purpose of MSKexperts.com is to develop and support a community of clinicians who teach and learn from one another as we strive to provide the very best care for our patients.

The Rules

The following common-sense rules are intended to optimize the user’s experience and to preserve the integrity of the community.  TNI reserves the right to update or change them at any time.

• Debate vigorously; disagree respectfully.  Scientific inquiry demands that we freely express our ideas and have opportunities to engage with others who have different perspectives and approaches.
• Critique the idea, not the person.  Avoid comments that defame or disparage another person, vendor, company, or organization’s character, competence or motive.  Do not accuse others of fraud. Your comments are subject to libel and slander.
• Be courteous.  Mind your tone and how your words may be interpreted by others.  Do not impugn others’ professional qualifications.  Abusive, profane, vulgar, or threatening language is strictly prohibited.  Do not post anything that you would not want the world to see or that you would not want anyone to know came from you.
• Antitrust Laws.   Do not post anything that can be interpreted as an agreement on prices, fees, allocation of markets, or a boycott of any person or company.  Do not post messages that encourage or facilitate others to arrive at any agreement that either expressly or impliedly leads to price fixing, boycott of a business, or other illegal conduct intended to restrict free trade.  It is forbidden to post anything that encourages or facilitates an agreement about any of the following subjects: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers.
• Declare conflicts of interest.   If you are posting about a product or service of any kind, you agree to declare any and all  relevant conflicts of interest.
• Copyrighted materials.  Do not post material protected by copyright without the permission of the copyright owner.  By posting material, the posting party warrants and represents that he or she owns the copyright with respect to such material or has received permission from the copyright owner. The posting party grants MSKexperts, TNI and users the non-exclusive right and license to display, copy, publish, distribute, transmit, print, and use such information or other material. The posting party agrees to indemnify TNI from any claims arising from any copyright infringement claim with respect to posted materials and from the inaccuracy or falseness of the above warranties and representations.
• Monitoring posts.  TNI does not actively monitor the site for inappropriate posts and does not on its own undertake editorial control of posts.  However, in the event that an inappropriate post is brought to our attention, the TNI retains exclusive right to determine what action, if any, is necessary and/or appropriate. TNI reserves the right to suspend or terminate membership and/or access to content for violations of these rules.