877-577-MD2P
877-577-6327
HOME PAGE | SUPPORT | MY ACCOUNT
log in:  

USER AGREEMENT AND Terms of Use


Welcome to the MD2P.net website (this “Site”). This Site is owned and operated by MD2P.NET, LLC (“MD2P”). Please read this Agreement carefully before using this Site. By accessing or using this Site in any way, including without limitation, browsing this Site, using any information, and/or submitting any content or personal information to MD2P, you agree to and are bound by the terms, conditions, policies and notices contained on this page (this “Agreement”), including conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Arkansas law. If you are entering into this Agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer.


1. Disclaimer/No Medical Advice

This Site is designed for educational purposes only and is to be used solely by licensed medical practitioners. MD2P is a provider of print and digital patient education and healthcare marketing tools (the “Tools”) that allow medical practitioners to create, edit, modify and develop brochures, manuals and other related materials. MD2P also includes a significant amount of information on this Site, including articles, references and other research and information that can be incorporated into such materials using the Tools (the “Content”). All trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, logos, video and graphics included on this Site and in the Tools, including without limitation the Content is the intellectual property of MD2P or MD2p’s third party licensors in the case of any licensed materials included as of the Tools and Content on the Site.

Please be aware that the Content is not meant to serve as a substitute for your own clinical judgment or consultations. You should confirm the information provided on this Site and in the Content in making all clinical diagnosis and treatment decisions. The Content should not be used to diagnose or treat a health problem, injury, condition, illness, or disease. You expressly acknowledge and agree that MD2P is not responsible for the results of your decisions resulting from use of the Content available on or from this Site, including, but not limited to diagnosis, analysis, or choice of treatment based on the Content or Tools. You acknowledge and understand that:

  1. Specific treatment regimens for a particular patient remain the responsibility of the treating physician, that MD2P has no access to a patient’s relevant clinical information, and that only the treating physician is capable of making complete assessment of a patient;
  1. The information provided on this Site and in the Tools in educational in nature and intended only for general use as a reference guide, is not medical advice, and is not intended for the rendering of professional services with respect to any patient; and
  1. The field of orthopedic healthcare is ever-developing and that the Content and Site may be changed at any time to reflect advances in medical practice and research.

THE CONTENT AND TOOLS ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE CONTENT NOR ANY OTHER SERVICE OR TOOL OFFERED BY OR THROUGH THIS SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT.

MD2P strives to provide a valuable resource for Site users. However, MD2P cannot ensure that the information provided is exhaustive or complete on every subject or that it will necessarily include all of the most recent and up-to-date information available. All reasonable efforts have been made to ensure that the information provided on this Site and in the Content is accurate, up-to-date and complete, but no guarantee is made to that effect. It is your responsibility to evaluate the Content and information and results relating to the Tools MD2P provides. Again, you should exercise your professional judgment in evaluating any information, and MD2P encourages you to confirm the Content with other sources before undertaking any treatment or action based on it.

2. Site Intended for Use by Licensed Healthcare Professionals Only

By entering this Site, you represent and warrant that you are a licensed health care practitioner or administrator, and that you understand this Site provides educational and marketing resources for orthopedic health care practitioners, and that, for medical, ethical, and legal reasons, this Site is not directed towards patients or non-practitioners.

3. Site Content

4. User Conduct

By using this Site, including all Content and Tools available through it, you agree that you shall not:

  1. delete, modify, hack or attempt to change or alter any of the Content or Tools;
  2. use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties' use of the Site;
  3. use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;
  4. use any MD2P names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
  5. use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
  6. upload or transmit files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  7. create a false identity for the purpose of misleading others, breach any contractual or confidentiality obligations, violate the privacy rights of others; or
  8. provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity.

5. Permissible Use

Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available through this Site subject to the following conditions:

  1. The Content is used solely for personal, informational, or internal business purposes;
  2. the Content is not sold, licensed or leased for any fee;
  3. all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;
  4. the Content is not modified or altered in any way; and
  5. no graphics are used separately from accompanying text.

You also may link or hyperlink to the home page of the Site from any Acceptable Site (as defined below), but only if:

  1. You do not frame the Site or any portion of the Site;
  2. you do not deep link into the Site (i.e., you do not link into any page other than the home page);
  3. the hyperlink to the Site is not used in a way that suggests that MD2P endorses you, your employer, or your website;
  4. the link to the Site is not used or presented in any way that disparages MD2P or tarnishes, blurs or dilutes the quality of MD2P’s name or trademarks or any associated goodwill; and
  5. tthe link to the Site is not displayed on any web page that displays objectionable content or links.

An "u>Acceptable Site" means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to violate any applicable law.

6. Accounts and Passwords

Certain features of the Site may require you to open an account (including setting up a user name and password). You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify MD2P immediately of any unauthorized use of your account or password. You may not use the account, user name or password of any other individual or company at any time. MD2P will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7. Modifications to Terms

MD2P may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Site.


8. Termination of Site/Modifications to Site

MD2P reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1, 3, this Section 8, and 1-19 of these Terms shall survive any termination. MD2P may also impose limits on certain features and services, restrict your access to parts or all of this Site, or charge additional fees for access to portions of this Site without notice or liability. You acknowledge and agree that MD2P will not be liable to you or any third party in the event that MD2P exercises its right to modify or terminate access to the Site or portions of the Site.


9. Your Privacy

MD2P will treat any information it collects from you through this Site in accordance with its online Privacy Policy (the “Privacy Policy”), which is hereby incorporated by reference. Please review the Privacy Policy before you use this Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use this Site.

10. Copyright Infringement

In accordance with the Digital Millennium Copyright Act ("DMCA"), MD2P has designated an agent to receive notifications of alleged copyright infringement associated with the Site. The agent will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at MD2P.net, LLC, Attn: Copyright Agent, 2200 Brookwood Drive, Suite 110, Little Rock, AR 72202 or through the address set forth at the end of this page. If material is believed in good faith by MD2P to infringe a copyright or otherwise violate any intellectual property rights, MD2P will remove or disable access to any such material.


11. Other Sites, Third Party Content

As a convenience to you, this Site may provide links to web sites and/or access to content, products and services of third parties, including without limitation, MD2P’s affiliates, clients, partners and other entities (“Third Party Content”). Third Party Content may include healthcare articles or healthcare products providers. You bear all risk associated with use of or reliance upon Third Party Content. In some instances, the connection to Third Party Content may consist of only a hyperlink (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. MD2P does not author, edit or monitor these Linked Sites, and is not responsible or liable for: (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by MD2P, or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, including your participation in promotions, the payment for and delivery of goods, if any, and any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with entities other than MD2P found on or through this Site.

12. Typographical Errors

Our goal is to provide complete, accurate, and up-to-date information on our Site and in the Tools. Unfortunately, it is not possible to ensure that any website or materials are completely free of human or technological errors. The Content may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. MD2P therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

13. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, TOOLS PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN "AS IS, WHERE IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. MD2P EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. MD2P MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, EMPLOYMENT OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.


14. Limitation of Liability

IN NO EVENT SHALL MD2P BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED, EXPECTATION, SPECULATIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU, YOUR EMPLOYER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF THIS SITE OR ANY TOOLS, CONTENT, OR SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF MD2P HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. IF THE LIMITATIONS SET FORTH IN THIS SECTION 14 ARE HELD TO BE UNENFORCEABLE FOR ANY REASON, MD2P’S LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.


15. Indemnity

You agree to indemnify, defend and hold MD2P, its affiliates, members, managers, directors, officers, co-branders, subsidiaries, parents, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys' fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your use of the Content or Tools, including any use by your employees, your violation of these Terms or your violation of any rights of another.

16. Limitation on Actions Brought Against MD2P

You agree that any claim or cause of action arising out of these Terms or your use of this Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by MD2P to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.


17. Dispute Resolution

You agree that any dispute arising out of or relating in any way to your use of this Site and/or the Content requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, MD2P may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Little Rock, Arkansas, in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING ON ALL PARTIES TO SUCH ACTION. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Arkansas or to any Federal Court located within the State of Arkansas for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 17 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts in Little Rock, Arkansas.


18. Acknowledgement

You hereby acknowledge (a) that you have read and understood these Terms, and (b) that these Terms have the same force and effect as a signed agreement.

19. General

If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. MD2P’s failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Arkansas without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These Terms of Use and the Privacy Policy as posted from time to time by MD2P on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. The parties acknowledge that they are not required to enter into this Agreement electronically; but rather the parties each voluntarily enter into this Agreement by electronic means. The parties acknowledge that any electronic documentation of this Agreement shall have the same force and effect as paper documentation and manual signatures.


20. Contact Information

If you have any questions about these Terms of Use, the practices of MD2P, or your dealings with this Site, please contact us through the address below. You may also contact us to update your personal information by notifying us when you change your name or email address.

Last Updated: October 28, 2009