Terms of Service
Last updated on May 4, 2020
These legally-binding Terms of Service apply to your use of the nexushealthmedia.com website, any products or services you purchase from Nexus Health Media, LLC (“us,” “we,” or “Nexus Health Media”), and your attendance at and participation in medical education events hosted by Nexus Health Media.
If you do not agree with these Terms of SERVICE, do not use THE NEXUSHEALTHMEDIA.COM website, ATTEND OUR MEDICAL EDUCATION EVENTS, OR PURCHASE ANY PRODUCTS OR SERVICES FROM NEXUS HEALTH MEDIA.
Educational Purposes Only / Not Medical Advice or Training
The information we make available on our website, at our medical education events, or otherwise in connection with our products and services is provided for informational and educational purposes only. This information includes all text, audio, video charts, profiles, graphics, photographs, images, advice, messages, and forum postings, whether provided by Nexus Health Media, thought leaders we engage, or other third parties. Even information concerning treatments, dosages, and outcomes is offered only for educational purposes.
The information we provide or that is made available to you often involves medical matters, although it is not medical advice or medical training of any sort. Nexus Health Media does not employ physicians and never offers medical advice or training to anyone. Thought leaders and other third parties we engage to provide content on our website, at our medical education events, or through other channels made available to you may be physicians, although they are not acting in an official capacity as your physician or as a provider of medical training.
Nexus Health Media intends for the information we provide to you to be helpful, although do not rely on it to take or not take important actions. Our information is not intended to be applied to specific circumstances that you or another individual is facing. You are responsible for your own medical care, treatment, and oversight, as well as any care, treatment, or oversight you provide to others.
Also, while Nexus Health Media endeavors to ensure that the information we provide through our website, medical education events, and otherwise is up-to-date, information changes rapidly. Nexus Health Media cannot guarantee that all of the information is current, complete, or exhaustive. If you rely on any information you obtain by or through us, you do so at your own risk.
Events are Not Continuing Medical Education
The medical education events Nexus Health Media hosts do not qualify as continuing medical education as defined by the Accreditation Council for Continuing Medical Education.
Limits on Unlawful Use or Access
Do not use the nexushealthmedia.com website or any information we provide to you in any way that is unlawful or that harms Nexus Health Media or any third party. Further, do not violate the security of our website or attempt to gain unauthorized access to it or our computer systems or network connections to any server associated with Nexus Health Media through hacking, password mining, or any other method. Nexus Health Media reserves the right to refuse service, terminate access, or take any other steps to restrict your use of our website or products or services or attendance at our events at any time for any reason.
DISCLAIMERS / LIMITATIONS OF LIABILITY
NEITHER NEXUS HEALTH MEDIA NOR ANY OF OUR EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, OWNERS, CONTRACTORS, CONSULTANTS, REPRESENTATIVES, ADVISORS, OTHER AGENTS, OR ANY OF THEIR AFFILIATES BEARS ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON nexushealthmedia.COM OR MADE AVAILABLE BY OR THROUGH US AT AN EVENT OR IN CONNECTION WITH ANY OF OUR OTHER PRODUCTS OR SERVICES OR FOR ANY ACTIONS YOU TAKE OR CHOOSE NOT TO TAKE IN RELIANCE ON THAT INFORMATION.
ALL INFORMATION MADE AVAILABLE TO YOU AND ALL OF OUR PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS-IS, WHERE-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO THE INFORMATION, PRODUCTS, AND SERVICES NEXUS HEALTH MEDIA PROVIDES TO YOU, NEXUS HEALTH MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY AND EFFECTIVENESS OF THE INFORMATION, PRODUCTS, AND SERVICES WE PROVIDE TO YOU STARTS AND ENDS WITH YOU.
WE DO NOT WARRANT THAT THE NEXUSHEALTHMEDIA.COM WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER ANY DAMAGES OR LOSSES (OR ALLEGED DAMAGES OR LOSSES) ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, EXCEPT IF SUCH EXCLUSIONS AND LIMITATIONS ARE PROHIBITED BY LAW.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN THAT CASE, YOU MAY HAVE ADDITIONAL RIGHTS. SEEK THE ADVICE OF A LAWYER IF YOU WISH TO EXPLORE THESE ADDITIONAL RIGHTS.
IF THESE LIMITATIONS OF LIABILITY AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW, Nexus Health Media’S TOTAL MAXIMUM LIABILITY TO YOU FOR DAMAGES RELATED IN ANY WAY WHATSOEVER TO YOUR USE OF THE NEXUSHEALTHMEDIA.COM WEBSITE, ANY INFORMATION YOU OBTAIN FROM OR THROUGH US, OR ANY OF OUR PRODUCTS OR SERVICES IS LIMITED TO $250. THIS LIMIT WILL NOT CHANGE BASED ON THE NUMBER OF INDIVIDUAL CLAIMS YOU MIGHT MAKE.
Email and other Electronic Communications
When you send e-mails, text messages or other communications from your desktop or mobile device to us, including through an online form on the nexushealthmedia.com website, you are communicating with us electronically. Electronic methods of communication are not highly secure, so be cautious when sending important and sensitive information in this way.
We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on the nexushealthmedia.com website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that our communications be in writing.
All information included on the nexushealthmedia.com website or otherwise made available to you by Nexus Health Media, such as graphics, logos, images, audio clips, digital downloads, data compilations, studies, information, and software, is the property of Nexus Health Media and is protected by United States and international copyright laws.
You may not use our website or the information we make available to you in any manner that infringes or violates the intellectual property rights of Nexus Health Media or any third party. Other than use that constitutes “fair use” per United States copyright law, you may not reproduce, republish, or in any other way distribute any of this information.
Our trademarks and trade dress may not be used in connection with any product or service that is not ours in any way that is likely to cause confusion among potential customers, or in a manner that disparages or discredits Nexus Health Media. We are not granting to you any license or right to use any of our trademarks, trade dress, or other intellectual property.
You may not utilize framing techniques to enclose any trademark, logo, or other proprietary information or item of ours (including images, text, page layout, or form). Additionally, you are not permitted to use any meta tags or any other “hidden text” utilizing our name or trademarks.
We respect all intellectual property rights. If you believe our website or any information provided through it infringes on your work and rights, email us at firstname.lastname@example.org.
Nexus Health Media may provide links from our website to third-party websites. When we provide these links, we do so to be helpful and for your convenience. However, third-party websites are outside of our control. We do not make any representations or warranties as to the content, privacy, or security of third-party websites. Nexus Health Media does not endorse any third-party websites or content. Your use or reliance on any external links and the content you access from them is done at your own risk.
Investigations and Disclosures Related to Violations
We reserve the right to investigate complaints or reported violations of these Terms of Service and to take any action we determine is appropriate, including reporting any suspected unlawful activity to law enforcement officials or other third parties. If Nexus Health Media determines it is necessary or advisable to do so, we may disclose user profiles, e-mail addresses, other contact information, usage history, posted materials, IP addresses, traffic information, or other information.
We reserve the right to seek all remedies available to us at law and in equity if you violate these Terms of Service, including the right to block your access to our website entirely.
Applicable Law and Disputes
Any dispute or claim relating in any way to your use of the nexushealthmedia.com website or Nexus Health Media’s products and services generally is governed in all respects by the laws of the State of Texas, without regard to its conflict of laws principles.
If you and Nexus Health Media are unable to resolve a dispute that is related in any way whatsoever to our website or Nexus Health Media’s products and services generally, you agree to participate in one day of non-binding mediation in Austin, Texas with a sole mediator mutually selected by you and Nexus Health Media.
If you and Nexus Health Media are unable to resolve a dispute through non-binding mediation, the exclusive means for resolving that dispute is Open Arbitration performed by National Arbitration and Mediation (namadr.com).
You and Nexus Health Media will split the cost of the mediator, arbitrator, and mediation and arbitration facilities, although you and Nexus Health Media will each be responsible for our own respective other costs, including attorney’s fees, preparation fees, and travel costs. However, the prevailing party in arbitration is entitled to reimbursement of all their reasonable attorneys’ fees and other costs in respect of arbitration.
Either of us may bring suit in court for injunctive relief, including for a temporary restraining order or temporary or permanent injunction (as available), without first participating in mediation and arbitration as required under these Terms of Service.
If you are under the age of 18, you may not use our website at all.
If any term in these Terms of Service is deemed to be unenforceable by a court with appropriate jurisdiction, that term will be replaced with a term that most closely matches the intent of the original term and the remainder of these Terms of Service will continue in full force.
Any failure by you or Nexus Health Media to act with respect to a breach by the other is not a waiver of the right to act with respect to that breach later. A waiver of a breach of these Terms of Service must be in writing and will only apply to the specific waiver indicated and not any subsequent or similar breaches.
Unless you later agree to other written terms when attending one of our events or purchasing a product or service from us, these Terms of Service are the entire agreement between you and Nexus Health Media with respect to your use of our information, events, products, and services.
Changes to These Terms of Service
Nexus Health Media may change these Terms of Service at any time. If Nexus Health Media changes these Terms of Service, we will update our website and the date at the top of this page. Although changes to these Terms of Service will not apply to your attendance at prior events or previous purchase of products or services, they will be effective immediately when we post the changes for all future activity. By continuing to use our website after we make changes, you agree to all those changes. Please check these Terms of Service each time before you use our website or accept products or services from Nexus Health Media through any other means.
For questions about these Terms of Service, please contact us:
By regular mail:
Nexus Health Media, LLC
15511 Highway 71 West
Bee Cave, Texas 78738
Attn: Legal Department