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Barry Chaiken

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@bchaiken

Complete seamless interoperability https://t.co/x8rXJcVVWo
h J R
@bchaiken
Yes and robust, comète, seamless interoperability rather than data silos and incompatible EHRs. ONC did a great job working to fix this but much more work to do. And the burden is now on HIT vendors to do their part and support the effort. https://t.co/hvourPPR1D
h J R
@bchaiken
@FowkesB @PanMass Congrats on your PMC ride. Better than last year reimagined and a good first step to a full PMC. My 37th. $42 mil and counting
h J R
@bchaiken
@ScottGottliebMD Thank you everyone for these most humerus explanations.
h J R
@bchaiken
@CraigJoseph What value should the EHR deliver? Better patient care. Patient safety. Cost savings. Better medical research. How can we do this with closed systems? Profit and responsibility are not mutually exclusive.
h J R
@bchaiken

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Terms of Use

Welcome to the NavigatingtheCode.com website (the “NTC Site”), a website owned and operated by DocsNetwork Ltd with the DBA/ Poplar Tree Media.

These Terms of Use constitute a legally binding agreement between you and DocsNetwork Ltd. Please read these Terms of Use, the terms and conditions posted through any DocsNetwork Ltd. website or any additional terms and conditions, policies and guidelines posted on any other website, application, or services provided by DocsNetwork Ltd. (collectively, the “DocsNetwork Ltd. Services”) carefully before using the DocsNetwork Ltd. Services.

The terms and conditions stated below, along with the policies and guidelines located throughout the DocsNetwork Ltd. Services (collectively herein the “Terms of Use”) identify what a user of the DocsNetwork Ltd. Services (“you” or “your” or “User” or “Users”) can expect from DocsNetwork Ltd. its parent, subsidiaries, and affiliates (together referred to herein as “DocsNetwork Ltd.”, “we”, “us” or “our”), and/or persons who provide products or services to DocsNetwork Ltd. customers either directly or through the DocsNetwork Ltd. Services (“DocsNetwork Ltd. Providers”) and what DocsNetwork Ltd. in turn expects from Users. By visiting any DocsNetwork Ltd. Service, creating an account, making a purchase via the DocsNetwork Ltd. Services, downloading a DocsNetwork Ltd. application, joining any DocsNetwork Ltd. online interactive community, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to DocsNetwork Ltd. user forums, blogs, or interactive features, you agree that you have read, understood, and agree to be bound by the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the DocsNetwork Ltd.com Site or any other DocsNetwork Ltd. Service immediately.

These Terms and Conditions of Use require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see Section 16 for details, including instructions to follow in order to opt out of binding arbitration and the class action waiver.

Separate terms and conditions apply to the purchase, download and use of digital content such as software applications, books, magazines, newspapers, periodicals, movies and television shows (“Digital Content”).

  1. LICENSES AND RESTRICTIONS

1.1 Licenses. DocsNetwork Ltd. grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with DocsNetwork Ltd. documented in a separate agreement) of the DocsNetwork Ltd. Services, its Content (as that term is defined in Section 3 below. Additional terms and conditions apply to User Created Content, as that term is defined in Section 11 below. DocsNetwork Ltd. further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the DocsNetwork Ltd. Services so long as the link does not portray DocsNetwork Ltd., its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.

1.2 Restrictions. The licenses in Section 1.1 do not include any rights to:

  • (a) modify, download (other than page caching), reproduce, copy, or resell the DocsNetwork Ltd. Services, the Content or any portion or derivative thereof;
  • (b) commercially use the DocsNetwork Ltd. Services, the Content or any portion derivative thereof (unless User has a business relationship with DocsNetwork Ltd., in which case such commercial use will be governed by the terms applicable to such business relationship);
  • (c) copy or download any User’s account or profile information for the benefit of any third party;
  • (d) enable high volume, automated, electronic processes that apply to the DocsNetwork Ltd. Services or its systems, the Content or any portion or derivative thereof;
  • (e) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the DocsNetwork Ltd. Services or its systems, the Content or any portion or derivative thereof for any purpose;
  • (f) interfere or attempt to interfere with the proper working of the DocsNetwork Ltd. Services;
  • (g) bypass any measures used by DocsNetwork Ltd. to prevent or restrict access to any portion of the DocsNetwork Ltd. Services, the Content or any portion or derivative thereof;
  • (h) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DocsNetwork Ltd.;
  • (i) use DocsNetwork Ltd.’s name, trademarks, services marks or logos in any meta tags or any other “hidden text”; or
  • (j) compile, repackage, disseminate or otherwise use data extracted from the DocsNetwork Ltd. Services.
  • The foregoing are expressly prohibited and the right to do any of the foregoing shall require DocsNetwork Ltd.’s express written consent (which may include a written agreement signed by an authorized representative of DocsNetwork Ltd.). Any unauthorized use of the DocsNetwork Ltd. Services, the Content or any portion or derivative thereof shall terminate any license or permission granted by DocsNetwork Ltd.
  1. TRADEMARKS

DocsNetwork Ltd., or its parent, subsidiaries, or affiliates, or third parties from whom DocsNetwork Ltd. has permission, own the trademarks or service marks that are used on the DocsNetwork Ltd. Services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of DocsNetwork Ltd. and its licensors may not be used without prior written consent of DocsNetwork Ltd. or its licensor, as the case may be. Without limiting the foregoing, no DocsNetwork Ltd. trademark or trade dress may be used in connection with any product or service that is not DocsNetwork Ltd.’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits DocsNetwork Ltd.

  1. CONTENT

3.1 Proprietary Rights. User acknowledges that the DocsNetwork Ltd. Services contain certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and DocsNetwork Ltd. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the DocsNetwork Ltd. Services. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.

3.2 Third-Party Content. DocsNetwork Ltd. is a distributor and not a publisher of Content supplied by third parties and Users. DocsNetwork Ltd. has no editorial control over such Content. DocsNetwork Ltd. is not obligated to review Content, including User Created Content, as that term is defined in Section 11 below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of DocsNetwork Ltd. or any DocsNetwork Ltd. Provider, unless expressly stated otherwise. Neither DocsNetwork Ltd. nor any DocsNetwork Ltd. Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third-party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the DocsNetwork Ltd. Services represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either DocsNetwork Ltd. or any DocsNetwork Ltd.com Provider be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the DocsNetwork Ltd. Services. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through the DocsNetwork Ltd. Services.

  1. PRICES

4.1 Prices. The price for an item on the DocsNetwork Ltd. Services may differ from the price shown in a User’s shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the DocsNetwork Ltd. Services. If the price for the item on the DocsNetwork Ltd. Services is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of DocsNetwork Ltd., DocsNetwork Ltd. may either (a) contact the User for instructions before shipping the item or charging the User for such item; (b) cancel the order for such item and notify the User of such cancellation; or (c) ship the item at the incorrect price to the benefit of the User.

4.2 Notice. Please note that this policy regarding prices applies only to items sold and shipped by DocsNetwork Ltd. Any purchases from any third-party sellers on the DocsNetwork Ltd. Services may be subject to different policies in the event of an incorrectly priced item.

  1. RISK OF LOSS

The risk of loss and title for all items purchased via the DocsNetwork Ltd. Services pass to the User upon delivery of the item to the carrier.

  1. PRODUCT DESCRIPTION

The items offered for sale on the DocsNetwork Ltd. Services contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. DocsNetwork Ltd. does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM DOCSNETWORK LTD. THAT IS NOT AS DESCRIBED IN THE DOCSNETWORK LTD. SERVICES, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.

  1. AGE OF USERS

Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to use DocsNetwork Ltd. websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the DocsNetwork Ltd. websites, we will remove that information as soon as possible.

  1. TERMINATION OF USAGE

8.1 Termination Rights. DocsNetwork Ltd. may issue a warning, temporarily suspend, indefinitely suspend or terminate any User’s right to use or access all or any part of the DocsNetwork Ltd. Services including any account thereon, without notice, for any reason in DocsNetwork Ltd.’s sole discretion, including, without limitation, violation of the Terms of Use, DocsNetwork Ltd.’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, DocsNetwork Ltd., any DocsNetwork Ltd.com Provider or another User.

8.2 Restricted Users. In certain cases, in DocsNetwork Ltd.’s sole discretion, DocsNetwork Ltd. may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the DocsNetwork Ltd. Services has been terminated, including the right to use, access or create any account thereon; (ii) that DocsNetwork Ltd. refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

  1. INDEMNITY

User agrees to indemnify, defend and hold DocsNetwork Ltd. (and its affiliates, employees, contractors, agents, suppliers and partners) and each DocsNetwork Ltd. Provider harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys’ fees, brought by any third party due to or arising out of (i) such User’s use of the DocsNetwork Ltd. Services, (ii) any alleged breach or violation of the Terms of Use or (iii) such User’s violation of any law or the rights of a third party. DocsNetwork Ltd. reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify DocsNetwork Ltd., and User agrees to cooperate with DocsNetwork Ltd.’s defense of such matter. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive the Terms of Use and your use of the DocsNetwork Ltd. Services.

  1. PASSWORD AND ACCOUNT SECURITY

10.1 Account Password. Every User that has an account for the DocsNetwork Ltd. Services is responsible for (i) keeping his or her account password confidential and secured; (ii) avoiding unauthorized access to such User’s computer or other devices; and (iii) keeping the contact information associated with that account current. User acknowledges that it is necessary to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her DocsNetwork Ltd. account using an old e-mail address, such User will not receive messages from DocsNetwork Ltd. about his or her orders and inquiries or other matters.

10.2 Account Security. User accepts full responsibility for all activities that occur within such User’s DocsNetwork Ltd. account or within the DocsNetwork Ltd. Services interactive community, whether or not authorized by the User.

  1. INTERACTIVE COMMUNITY

11.1 Interactive Community Users. The DocsNetwork Ltd. Services offer numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services (“Interactive Community”). This Section 11, Interactive Community, applies to the activities of persons who are using the interactive features within the DocsNetwork Ltd. Services (“Interactive Community Users”). The scope of these features may change from time to time, with or without notice. You are using Interactive Community features if you post a review or blog entry, create a list, create a profile, submit any other User Created Content, as defined below, or otherwise participate in any interactive feature.

11.2 Interactive Community Services. Interactive Community features may be used only for lawful purposes in accordance with these Terms of Use. If you are using any DocsNetwork Ltd. Services Interactive Community features, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on or through the Interactive Community features, please choose carefully the information that you post and/or provide to other Users (“User Created Content”). User is prohibited from posting on or transmitting through the DocsNetwork Ltd. Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. DocsNetwork Ltd. reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community features at any time, for any or no reason, with or without prior notice or explanation, and without liability.

11.3 Right to Remove Profile or Terminate Access. DocsNetwork Ltd. reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community features for any reason.

11.4 Misuse of Interactive Community Services. If you become aware of misuse of the Interactive Community features, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please send an email to [email protected] to inform us of this potential problem.

11.5 User Created Content.

  • (a) Notwithstanding the foregoing, DocsNetwork Ltd. assumes no responsibility for ongoing monitoring of the DocsNetwork Ltd. Services or for removal or editing of any User Created Content, even after receiving notice. DocsNetwork Ltd. assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community. You are responsible for your interactions with other Users.
  • (b) You may not post User Created Content that: involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden page or images (those not linked to or not otherwise from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person’s consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying, any security technology or software that is part of the DocsNetwork Ltd. Services; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the DocsNetwork Ltd. Services, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the DocsNetwork Ltd. Services or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the DocsNetwork Ltd. Services in order to harass, abuse, or harm another person or entity, or attempting to do the same.
  • (c) Interactive Community Users may upload to or otherwise submit to DocsNetwork Ltd. for distribution on the DocsNetwork Ltd. Services only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for DocsNetwork Ltd. to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” DocsNetwork Ltd. is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. DocsNetwork Ltd. assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content.
  • (d) By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted, DocsNetwork Ltd., the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to DocsNetwork Ltd. retains any and all rights which may exist in such User Created Content.
  1. NOTICES

User consents to electronic communications with DocsNetwork Ltd., whether addressed to the e-mail address associated with such User’s DocsNetwork Ltd. account or posted on the DocsNetwork Ltd. Services. User acknowledges and agrees that any communication via e-mail or by postings on the DocsNetwork Ltd. Services satisfies any legal requirement that such communications be made in writing.

  1. DISCLAIMERS AND LIMITATION OF LIABILITY

13.1 DISCLAIMER OF WARRANTIES.

  • (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE DOCSNETWORK LTD. SERVICES AND ANY DOCSNETWORK LTD. ACCOUNT ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE DOCSNETWORK LTD. SERVICES OR ANY DOCSNETWORK LTD. ACCOUNT IS AT YOUR SOLE RISK. NEITHER WE NOR OUR SUPPLIERS, AFFILIATES OR LICENSORS (AS APPLICABLE) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE DOCSNETWORK LTD. SERVICES, ANY DOCSNETWORK LTD. ACCOUNT OR THEIR USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.
  • (b) DOCSNETWORK LTD. IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY, USER CREATED CONTENT POSTED ON THE DOCSNETWORK LTD. SERVICES OR THROUGH THE DOCSNETWORK LTD. SERVICES. USER CREATED CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF DOCSNETWORK LTD. PROFILES AND THIRD PARTY APPLICATIONS CREATED AND POSTED BY USERS ON THE DOCSNETWORK LTD. SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES. DOCSNETWORK LTD. IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY DOCSNETWORK LTD. INCLUSION OF ANY LINKED WEBSITE ON THE DOCSNETWORK LTD. SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY DOCSNETWORK LTD. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. DOCSNETWORK LTD. IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE DOCSNETWORK LTD. SERVICES.
  • (c) WE TAKE NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH OR MADE AVAILABLE ON THE DOCSNETWORK LTD. SERVICES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT TAKE ANY RESPONSIBILITY FOR ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTY ADVERTISERS ON THE DOCSNETWORK LTD. SERVICES.

13.2 LIMITATION OF LIABILITY.

  • (a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE DOCSNETWORK LTD. SERVICES OR ANY DOCSNETWORK LTD. ACCOUNT REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • THE ABOVE EXCLUSIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, DOCSNETWORK LTD. SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THE DOCSNETWORK LTD. SERVICES OR THE MATERIALS ON THE DOCSNETWORK LTD. SERVICES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.
  • (b) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATED TO THE DOCSNETWORK LTD. SERVICES OR YOUR DOCSNETWORK LTD. ACCOUNT EXCEED US$100 IN TOTAL (OR THE EQUIVALENT IN LOCAL CURRENCY, TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY).
  1. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of DocsNetwork Ltd. to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

  1. APPLICABLE LAW; JURISDICTION

15.1 Applicable Law. The DocsNetwork Ltd. Services are created and controlled by DocsNetwork Ltd. in the Commonwealth of Massachusetts. The laws of the Commonwealth of Massachusetts will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

15.2 Jurisdiction. Each of DocsNetwork Ltd. and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Suffolk County, Massachusetts and waives any objection to the laying of venue of any litigation in said courts.

  1. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND DOCSNETWORK LTD. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Any dispute or claim arising from, relating to, or connected with these Terms of Use, the DocsNetwork Ltd. Services, the DocsNetwork Ltd. Content including Digital Content, any DocsNetwork Ltd. account and/or any Digital Library (each a “Claim”) will be resolved by binding arbitration (rather than in court). All Claims submitted to arbitration under these Terms of Use will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the Commonwealth of Massachusetts or, where limited by applicable law, the jurisdiction in which you reside or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Notwithstanding this Section 16, we may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors.

WAIVER OF CLASS ACTIONS. We each agree that any Claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. WE EACH AGREE THAT WE ARE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT WE MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE DIGITAL CONTENT TERMS OF SALE.

OPTION TO OPT-OUT. To opt out of the arbitration and class-action waiver terms in this Section 16, you must notify us in writing within 30 days of the date that you first accept these Terms and Conditions of Use (unless a longer period is required by applicable law). You must mail your written notification to DocsNetwork Ltd., Attention: President to 14 Durham St., Boston, MA 02115 and your written notification must include your name, address and an unequivocal statement that you want to opt-out of this arbitration agreement.

You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.

For purposes of any Claim that is not subject to the arbitration procedures in this Section 16, we both agree to the governing law and jurisdiction as set out in Section 15.1 above.

  1. EXPORT

Any software distributed by DocsNetwork Ltd. is “commercial computer software” or “commercial computer software documentation.” The U.S. Government’s rights with respect to the DocsNetwork Ltd. Services are limited by these Terms and Conditions of Use, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable. User agrees that by installing, copying, or otherwise using the DocsNetwork Ltd. Services that: (i) User does not reside in a country subject to embargo or export controls by the U.S. Government; (ii) User is not on the List of Denied Persons as published by the U.S. government; and (iii) User will not use the DocsNetwork Ltd. Services for any illegal purpose. Because the DocsNetwork Ltd. Services, and related technical data are subject to U.S. export controls, User agrees that User shall not upload, export or “re-export” (transfer) the DocsNetwork Ltd. Services or any Content, including User Created Content, unless User has complied with all applicable U.S. export controls.

  1. ADDITIONAL TERMS AND CONDITIONS

In addition to the policies and guidelines located throughout the DocsNetwork Ltd. Services, the following policies are incorporated into the Terms of Use:

  • Privacy Policy: https://navigatingthecode.com/
  1. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and DocsNetwork Ltd. regarding User’s relationship with DocsNetwork Ltd. and supersedes any prior or contemporaneous statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. As used in these Terms of Use, “including” means “including, without limitation.”

  1. MODIFICATION

These terms were last revised on May 4, 2021.