1. About BioelecMed and these Terms of Service

Bioelecmed.org is a professional collaboration web site run by Bioelectronic Medicine (“BioelecMed” also referred to “us” or “we”), the peer-reviewed, biomedical research publication of the FEINSTEIN INSTITUTE FOR MEDICAL RESEARCH (“FIMR”). FIMR is the biomedical research arm of the North Shore-LIJ Health System in New York.

Through the domain name bioelecmed.org (the “Site”), the BioelecMed professional networking web site aims to foster collaboration between scientists and clinicians throughout the world in order to understand the interaction between molecular medicine, bioengineering and neuroscience at the anatomical, functional and molecular signaling levels, and the use of that knowledge in the design of specific tools for diagnosis, treatment and prevention. These Terms of Service ("TOS") set forth the legally binding terms that govern your use of the Site. You may choose to simply browse limited BioelecMed Content on our Site as a "Visitor" or you may choose to register with BioelecMed and become a "Member" so that you can join some of our communities, join our professional networking programs, or post materials on our Site.

The Site includes a wide variety of resources including articles, blogs, body of knowledge, research, message boards, groups, collaborative workspaces, videos, photo galleries and other materials that we put on the Site (the "BioelecMed Content") as well as ideas, suggestions, opinions, comments, and observations made by Visitors and Members, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us or posted on the Site by Visitors and Members (all of which are referred to as "User Content"). When we use the term "Content", we mean both BioelecMed Content and User Content collectively.

Whether you are a Visitor or a Member, by using this Site you are agreeing to be bound by these TOS. If you become a Member, there are some additional rules that apply to you--see item six below. If you do not agree to the terms of service, please do not use the site. By using the Site you are indicating that you are at least 18 years old. If you are not at least 18 years old, please do not enter the Site.

2. Modification

We reserve the right to modify these Terms of Service at any time, and without prior notice, by posting an amended Terms of Service that is always accessible through the Terms of Service link on this site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.

3. Changes to these Terms of Service

BioelecMed reserves the right at any time to: (a) change the terms and conditions of these TOS; (b) change the Site, including eliminating or discontinuing any particular type of Content on or feature of the Site; or (c) change any fees or charges associated with use of the Site or for any products or services offered for sale or otherwise available on the Site. Any changes we make will be effective immediately upon posting of the updated terms of service. Your use of the Site after such notice will be deemed an acceptance of such changes. Be sure to review this TOS periodically to ensure familiarity with the most current version.

4. About What's on Our Website

Please remember the following with respect to what is on our Site:

Journal Content. The peer-reviewed, biomedical journal, Bioelectronic Medicine, is the convergence of molecular medicine, bioengineering and neuroscience to develop cures. This journal promotes understanding of the interactions between these disciplines at the anatomical, functional and molecular signaling levels, and the use of that knowledge in the design of specific tools for diagnosis, treatment and prevention. Bioelectronic Medicine created this web site. To the extent that you would like to have access to hard copy journal, please email: [email protected].

Linked Sites. The Site may provide links to other Internet websites or resources ("Linked Sites"). BioelecMed neither controls nor endorses such Linked Sites. BioelecMed has not reviewed or approved any content on Linked Sites and we do not represent that their content is accurate or appropriate. BioelecMed is not responsible in any manner for any content, advertising, products or other materials on or available from any Linked Sites, and BioelecMed shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods and services available on or through any Linked Site. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.

Forums. The Site may provide forums where Members may hold conversations via posted messages. BioelecMed is not responsible in any manner for any content posted by members or visitors.

Collaborative Workspaces. The Site may provide access to collaborative workspaces for Members. These workspaces are in no way sponsored, endorsed by, or associated with BioelecMed. BioelecMed is not responsible for deciding who has access to this collaborative workspace.  All access is at the singular discretion of the collaborative workspace administrator. BioelecMed is not responsible for decisions made by any administrator. We have no obligation to monitor, filter or prescreen User Content, websites created or linked to by our Members in this collaborative workspace.

Products. Third parties may not advertise or promote certain products or services on the Site unless given permission in an advance arrangement with BioelecMed. Descriptions, images or listings of, or links or references to, products or services on the Site do not imply BioelecMed’s endorsement of such products or services BioelecMed is not responsible in any manner for such third party products and services. Third parties who post unauthorized goods or services are subject to having the posting removed and or membership privilege discontinued at BioelecMed’s sole discretion.

Sweepstakes, Contests, and Games. Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules, which are linked from the particular activity. By entering such sweepstakes or contests or participating in such games you are subject to those rules–please remember to read them carefully. Void where prohibited by law. Third parties may not advertise or promote certain products or services on the Site unless given permission in an advance arrangement with BioelecMed. Sweepstakes, Contests, and Games on the Site do not imply BioelecMed’s endorsement of such products or services BioelecMed is not responsible in any manner for such third party products and services. Third parties who post unauthorized goods or services are subject to having the posting removed and/or membership privilege discontinued at BioelecMed’s sole discretion. A "sweepstakes" is a promotion that includes a prize and a winner selected on the basis of chance. A "contest" or "competition" is a promotion that includes a prize and a winner determined on the basis of skill (i.e., through judging based on specific criteria).

Monitoring. We have no obligation to monitor, filter or prescreen User Content, websites created or linked to by our Members, message boards, collaborative work spaces, or any other materials that you or third parties transmit to or post on the Site. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site, including User Content.

Disclaimer regarding Professional Advice. Your use of the Site is at your own risk. BioelecMed Content contains information, data, advice, text and other materials compiled from a variety of third party sources. BioelecMed in no way endorses any of these materials, which are provided for your convenience, and are solely intended to broaden user understanding and knowledge of remote support topics.
To the extent that you have a problem with any of these items, please see our notice and takedown procedure: https://bioelecmed.org/TAKEDOWN.

5. How We Treat Postings To This Site

We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.

6. Registration Obligations

BIOELECMED DOES NOT ALLOW MEMBERS TO REGISTER ANONYMOUSLY. When you use or order products or services, create a user account, post any comment or information in either a public bulletin board, chat room or private collaboration workspace room, or participate in surveys from BioelecMed, we will ask you to provide personal information to complete these transactions. The types of personal information you provide to us on these pages may include contact information such as your name, address, telephone number, email address, and organizational affiliation; and other unique information such as user IDs and passwords, billing and transaction information, credit card information, product and service preferences, contact preferences, educational and employment background, and research and job interest data. By accepting these TOS you agree that your information may be shared in accordance with the privacy policy as set forth at this page https://bioelecmed.org/PRIVACY, which may be updated from time to time at BioelecMed’s sole discretion.

If and when you register to become a Member, you agree to provide true, accurate, complete, and current information (such information being the "Registration Data") and agree not to falsely identify the associations you are affiliated with. Additionally, you agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Should changes occur, you have an obligation to update any changes within 30 days, or the next time you access the Site. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site and/or remove any User Content you have provided from the Site.

As part of the registration process, you will be asked to select a username and password. We may refuse to grant you or revoke a username, password and/or domain name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You are responsible for ensuring the confidentiality of your username and password, and you agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately emailing us at [email protected]. You are solely responsible for any and all activities, whether by you or anyone else (including without limitation purchases) conducted through your account.

7. Member Rules of Conduct and User Content

BioelecMed provides tools for Members to create content such as blogs, profiles, photo albums, video galleries, and other materials. BioelecMed also hosts community message boards, collaborative group workspaces, and other forums on the Site. Members are expected to abide by the Rules of Conduct that are set forth at https://bioelecmed.org/GUIDELINES, as currently updated. If you are a Member and you fail to comply with the Rules of Conduct or these Terms of Service your access to the Site may be terminated. We encourage you to periodically review these terms of service.
You are solely responsible for the User Content you post on or through the Site and the consequences of posting such User Content. By posting such User Content, you represent and warrant to us that you have the necessary licenses, rights, consents and permissions to enable inclusion of the User Content in the manner contemplated by this Site and these TOS. You agree that you will not post User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post such User Content.
We may remove any User Content and/or disclose such User Content and the circumstances surrounding its transmission to any third party in order to: (a) operate the Site properly; (b) to protect ourselves, our sponsors, and our Members and Visitors; and (c) comply with legal obligations or governmental requests (d) and in accordance with our notice in takedown procedure, please see information at https://bioelecmed.org/TAKEDOWN. You agree that any User Content posted to the Site is the sole responsibility of the individual who originally posted the User Content, and that your sole recourse for any damage you may suffer as a result of such User Content shall be to such individual.

8. Collaborative Workspaces

The Site may provide access to collaborative workspaces for Members. These workspaces are in no way sponsored, endorsed by, or associated with BioelecMed. BioelecMed is not responsible for deciding who has access to this collaborative workspace.  All access is at the singular discretion of the collaborative workspace administrator. BioelecMed is not responsible for decisions made by any administrator. We have no obligation to monitor, filter or prescreen User Content, websites created or linked to by our Members in this collaborative workspace.

Subject to the access restrictions set by the administrator in the respective collaboration workspace, by sending BioelecMed collaboration information in any form or by posting collaborative contributions in any collaborative workspace of the site, you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Collaborative Content with respect to the respective collaborative work space and other materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you.

However, after posting Collaborative Content, you continue to retain your ownership rights in such Collaborative Content, and you continue to have the right to use your Collaborative Content in any way you choose. However, in no event shall BioelecMed have any obligation to pay a fee to a Member or Visitor in connection with any transfer of BioelecMed’s business, including without limitation any merger or sale or transfer of all or substantially all of the assets of BioelecMed.

9. Separate Agreements

You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.

10. Defamation/Communications Decency Act

This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

11. Links to This Site
 
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
 
12. Jurisdictional Issues

BioelecMed makes no representation that materials on the Site are appropriate or available for use in locations other than the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.

13. Onward Transfer of Personal Information Outside Your Country of Residence

Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.

14. Termination

MolMed, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any Content within the Site, at any time and for any reason.

15. Proprietary Rights

BioelecMed Content includes proprietary and confidential information that is protected by applicable intellectual property and other laws, and that is the property of BioelecMed or BioelecMed’s licensors. Content contained in advertisements may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

By sending us User Content in any form and/or by posting User Content to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User Content and other materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. However, after posting User Content, you continue to retain your ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. However, in no event shall BioelecMed have any obligation to pay a fee to a Member or Visitor in connection with any transfer of BioelecMed’s business, including without limitation any merger or sale or transfer of all or substantially all of the assets of  BioelecMed.
Subject to the access restrictions set by the administrator in the respective collaboration workspace, by sending BioelecMed collaboration information in any form or by posting collaborative contributions in any collaborative workspace of the site, you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Collaborative Content with respect to the respective collaborative work space and other materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you.

However, after posting Collaborative Content, you continue to retain your ownership rights in such Collaborative Content, and you continue to have the right to use your Collaborative Content in any way you choose. However, in no event shall BioelecMed have any obligation to pay a fee to a Member or Visitor in connection with any transfer of BioelecMed’s business, including without limitation any merger or sale or transfer of all or substantially all of the assets of BioelecMed.

16. Copyright Policy

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by BioelecMed infringe your copyright, you, or your agent, may register an objection in accordance with the procedure set forth at the following page: https://bioelecmed.org/TAKEDOWN

17. Objection Procedure
To the extent that you have an objection to content provided on BioelecMed you may register your objection using the procedures set forth at the following page: https://bioelecmed.org/TAKEDOWN

18. Privacy Policy

Your use of the Site is subject to our privacy policy. To view our privacy policy, please visit the following page: https://bioelecmed.org/PRIVACY

19. Disclaimer of Warranties

EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, “AS AVAILABLE”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOUR USE OF THE SITE AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK.

20. Limitation of Liability

IN NO EVENT SHALL BIOELECMED, ITS SUPPLIERS, AGENTS, SPONSORS, OR LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTILA, OR OTHER DAMTES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH i) THE USE OF OR INABILITY TO USE THE SITE; (ii) ANY CONTENT CONTAINTED ON THE SITE OR MEMBER WEBSITE, OR COLLABORATIVE WORKSPACE; (iii) STATEMENTS OR CONDUCT ON THE SITE; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINTED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABEL ON THE SITE; (vi) ANY DAMAGES CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY MEMBERCONTENT, OR COLLABORATIVE WORKSPACE CONTENT; (vii) ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR, (viii) ANY OTHER MATTER REALTING TO THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

21. Indemnification

You agree to indemnify, defend, and hold BioelecMed and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives, as well as suppliers involved with the Site, harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly out of or from (a) your breach of these TOS, including any violation of the Rules of Conduct set forth at https://bioelecmed.org/GUIDELINES (b) any allegation that any User Content that you submit to BioelecMed infringes or otherwise violates the copyright, trade secret, trademark or other intellectual property or privacy rights of a third party, and (c) your activities in connection with the Site.

22. Force Majeure

We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

23. Miscellaneous

The TOS constitute the entire agreement between you and BioelecMed and supersedes any prior agreements between you and BioelecMed. The TOS and the relationship between you and BioelecMed shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Nassau in the State of New York and any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of BioelecMed to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this TOS and shall not affect the validity and enforceability of any remaining provisions. The section titles in the TOS are for convenience only and have no legal or contractual effect. This TOS is not assignable, transferable or sublicensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach of default.

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: "The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210."

BioelecMed Terms of Service Effective Date January 28, 2015.