JiggleMed's mission is to connect the world's medical professionals & medical device companies to enable you to be more productive and successful.
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
You have control over the information you provide JiggleMed under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant JiggleMed and its registered users a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to JiggleMed, including, but not limited to, any registration data, user generated content, ideas, concepts, techniques or data to the services, you submit to JiggleMed, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.
By providing information to us, you represent and warrant that you are entitled to and have the requisite rights to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. Except as otherwise provided in this Agreement, JiggleMed will have no obligations with respect to the information you submit to us. JiggleMed hereby grants you a non-exclusive, non-transferable license to re-use or republish your own contributions made to the JiggleMed site in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license is restricted to your own contributions and does not grant you rights to republish the contributions or postings of other JiggleMed members. JiggleMed shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information. It is your responsibility to keep your JiggleMed profile information accurate and updated.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) a certified U.S. physician, medical student, or other health care professional (3) are not currently restricted from the Services, or not otherwise prohibited from having a JiggleMed account, (4) are not a competitor of JiggleMed or are not using the Services for reasons that are in competition with JiggleMed; (5) will only maintain one JiggleMed account at any given time; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of JiggleMed, including intellectual property rights such as copyright or trademark rights; (8) agree to provide at your cost all equipment, software, and internet access necessary to use the Services (9) Professional representing medical device company including sales representative, medical device support personnel.
You agree to: (1) Keep your login secure and confidential; (2) not permit others to use your login credentials to access your account; (3) refrain from using other Users' accounts; (4) refrain from selling, trading, or otherwise transferring your JiggleMed account or any information and content of another JiggleMed user to another party; and (5) refrain from charging anyone for access to any portion of JiggleMed, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact info@JiggleMed.com.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through JiggleMed.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree to JiggleMed storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services by contacting info@JiggleMed.com. You also acknowledge that JiggleMed's Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Premium Services, including upgrades and additional messages acquired as part of your Premium account, expire immediately upon cancellation or termination of your Premium account.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
For purposes of service messages and notices about the Services to you, JiggleMed may place a banner notice across its screens to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from JiggleMed to an email address associated with your account, even if we have other contact information. You also agree that JiggleMed may communicate with you through your JiggleMed account or through other means including email, mobile number, telephone, or delivery services including the postal service about your JiggleMed account or services associated with JiggleMed. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
JiggleMed offers forums and messaging, audio/video calls, where you can communicate with individuals or groups. Any electronic personal health information communicated will be subject to the Business Associate Agreement.
JiggleMed members can post in forums, send messages, make audio/video calls to contacts; however, JiggleMed may remove contacts, delete forum posts, groups, or block messaging, calls in its discretion, or remove content from them if the content violates this Agreement or others' intellectual property rights.
Please note that ideas you post and information you share may be seen and used by other Users, and JiggleMed cannot guarantee that other Users will not use the ideas and information that you share on JiggleMed. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not share it on JiggleMed. JIGGLEMED IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, UPLOAD, OR TRANSMIT WITHIN JIGGLEMED.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to JiggleMed through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential proprietary or protected health information; (b) JiggleMed is not under any obligation of confidentiality, express or implied, with respect to the Contributions; JiggleMed shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) JiggleMed may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to JiggleMed all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from JiggleMed under any circumstances.
The information and content posted on JiggleMed is gathered from publicly available data or submitted by Users, and JiggleMed cannot guarantee the accuracy of such information. Use of JiggleMed by you is conditioned upon your agreement that all of the information and content, including profile and insurance data, is for informational purposes only and should not be relied upon, and that as User, you agree to hold harmless JiggleMed and other Users and data suppliers for your use or reliance on such data.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do's and Don'ts listed in Section 12, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of JiggleMed or its Users), view information and use the Services that we provide on JiggleMed webpages and in accordance with this Agreement. Any other use of JiggleMed contrary to our mission and purpose (such as seeking to connect to someone you do not know or to use information gathered from JiggleMed commercially in each case unless expressly authorized by JiggleMed) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in JiggleMed and all related items, including any and all copies made of the JiggleMed website.
For as long as JiggleMed continues to offer the Services, JiggleMed shall provide and seek to update, improve and expand the Services. As a result, we allow you to access JiggleMed as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue JiggleMed, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. JiggleMed further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by JiggleMed to be contrary to this Agreement. For avoidance of doubt, JiggleMed has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
JiggleMed is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to access Third Party Sites, you do so at your own risk.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of JiggleMed, our Users or the public.
You are solely responsible for your interactions with other Users. JiggleMed may limit the number of colleague connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. JiggleMed reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if JiggleMed determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
You agree that from time to time JiggleMed may invite or otherwise make you aware of certain educational, promotional or financial opportunities relating to Your Communications and profile.
Do not rely on JiggleMed, any information therein, or its continuation. We provide the platform for JiggleMed and all information and services on an "as is" and "as available" basis. JiggleMed does not control or vet User generated content for accuracy. We do not provide any express warranties or representations.
To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. If you are dissatisfied or harmed by JiggleMed or anything related to JiggleMed, you may close your JiggleMed account and terminate this agreement in accordance with section 7 ("termination") and such termination shall be your sole and exclusive remedy.
JiggleMed is not responsible, and makes no representations or warranties for the delivery of any messages (such as messaging, posting on forums or transmission of any other user generated content) sent through JiggleMed to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the app or website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
JiggleMed does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. JiggleMed disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, JiggleMed disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the JiggleMed site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
JiggleMed reminds you that the Service is not meant to serve as a substitute for your own professional medical judgment. You should always exercise your professional judgment in evaluating your patients, and should carefully consider any treatment plan. JiggleMed encourages you to confirm the information made available or otherwise obtained through the Service with other reliable sources before undertaking any treatment. We also encourage you to review from time to time the American Medical Association's Policy for Professionalism in the Use of Social Media at http://www.ama-assn.org/ama/pub/meeting/professionalism-social-media.shtml.
The Health Insurance Portability and Accountability Act of 1996 generally requires that covered entities and business associates enter into contracts to ensure that the business associates will appropriately safeguard protected health information. A business associate contract serves to clarify and limit, as appropriate, the permissible uses and disclosures of protected health information by the business associate, based on the relationship between the parties and the activities or services being performed by the business associate. You and JiggleMed agree to the terms of the business associates agreement relating to any communications of electronic protected health information.
Neither JiggleMed/iExplain LLC nor any employees, shareholders, representatives or directors ("JiggleMed Affiliates") shall be cumulatively liable for (a) any damages in excess of U.S. $10, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from JiggleMed. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
Not apply to any damage that JiggleMed may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
You may terminate this Agreement, for any or no reason, at any time, with notice to JiggleMed pursuant to Section 11.B. This notice will be effective upon JiggleMed processing your notice. JiggleMed may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your JiggleMed account includes disabling your access to JiggleMed and may also bar you from any future use of JiggleMed.
JiggleMed may restrict, suspend or terminate the account of any User who abuses or misuses the Services or offers competitive services. Misuse of the Services includes inviting to connect other Users whom you do not know or with whom you do not have a medical referral, informational, recruiting or consulting objective authorized by JiggleMed; abusing the JiggleMed messaging, audio/video calling services; using the Services commercially without JiggleMed's authorization, infringing any intellectual property rights, violating any of the Do's and Don'ts listed in Section 12, or any other behavior that JiggleMed, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, JiggleMed has adopted a policy of terminating accounts of Users who, in JiggleMed's sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
Upon the termination of your JiggleMed account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 ("Your Rights") and 4.a-b, and d ("Our Rights and Obligations") hereof.
This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of the state of Virginia regardless of your country of origin or where you access JiggleMed, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and JiggleMed agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and JiggleMed agree to submit to the personal jurisdiction of the courts located within Virginia for the purpose of litigating all such claims. Notwithstanding the above, you agree that JiggleMed shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
In addition to Section 2.h. ("Notifications and Service Messages"), we may notify you via postings on www.JiggleMed.com or app. You may contact us at info@JiggleMed.com or via mail or courier at:
ATTN: Legal Department
Additionally, JiggleMed accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other JiggleMed services, third-party content or third party software.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any JiggleMed Affiliate shall be deemed legally binding on any JiggleMed Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of JiggleMed.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, JiggleMed for any third party that assumes our rights and obligations under this Agreement.
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
As a condition to access JiggleMed, you agree to this User Agreement and to strictly observe the following DOs and DON'Ts:
Upload, post, email, Message, audio/video call, transmit or otherwise make available or initiate any content that:
We built JiggleMed to help you be a more successful physician or other healthcare professional and to connect you to medical device manufacturer for sharing knowledge and information. To achieve this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, JiggleMed provides a process for submission of complaints concerning content posted by our Users.
If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by reporting in jigglemed forum (in that case we will review the post within 24 hours and either approve or reject the post) or contacting JiggleMed at the following physical or email address:
ATTN: Legal Department
and providing the following information:
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders who are repeat infringers.
iExplain LLC built the Jiggle Med app as a Free app. This SERVICE is provided by iExplain LLC at no cost and is intended for use as is.
This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.
INFORMATION COLLECTION AND USE
The app does use third party services that may collect information used to identify you.
We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics. We may also log your service, feature usage to better understand your preferences.
Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your device internal memory.
This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collection information and to improve their services.
We may employ third-party companies and individuals due to the following reasons:
We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
LINKS TO OTHER SITES
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.