TERMS OF USE
Updated August 7, 2024
This Website, sub-domains, and any associated web-based and mobile applications (collectively identified in these pages as 'Website') are operated by Fusion MD medical science network Inc. (referred to as "Fusion MD"). The content on this Website is owned by Novartis Pharmaceuticals Canada Inc. (referred to as "Novartis"). The learning management system (LMS) platform leveraged by this Website is Moodle. Please read these Terms of Use carefully before using this Website. This document sets forth your legal agreement with Fusion MD and Novartis. Your use of this Website is subject to these Terms of Use. Fusion MD and Novartis assume that if you use this Website, you have read, understood, and agreed to these Terms of Use. If you do not agree to these Terms of Use, you should not use this Website.
Fusion MD reserves the right to update or change these Terms of Use at any time and for any reason. If Fusion MD makes changes to this Policy, a notice will be posted on the Website home page. The date of revision will be posted above, and your continued use of this Website will be subject to your agreement with the revised Terms of Use. By continuing to use this Website, you agree to be bound by any such revisions, and therefore, you should visit this page of the Website periodically and print the latest version of the Terms of Use for your records. For your information, the date of the last update to these Terms of Use is stated at the top and bottom of this document.
Capitalized and non-capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website (collectively 'Legal Terms'), constitute the entire and only agreement between you and Fusion MD and Novartis and supersede all other agreements, representations, warranties, and understandings with respect to our Website and the subject matter contained herein.
The content included or generated by software programs on this Website is not intended to be used for medical diagnosis, the determination of medical treatment, or as a substitute for the judgment of an informed, properly trained, and credentialed clinician.
Users are responsible for all the Material they post to the Website, including the truthfulness and accuracy of all content, and are responsible for obtaining any required authorizations in connection with the use of such Material. Users will not upload or post any Material that: a) they do not have the legal right to upload or post; b) infringes any party’s copyright, trademark, trade secret, patent, or other proprietary rights; c) is unlawful, defamatory, abusive, harassing, obscene, tortious, libelous, trade libelous, or invasive of another's privacy; d) contains viruses or other code that may detrimentally interfere with Fusion MD, Novartis, or other users’ systems; or e) imposes an unreasonable load on the system.
Fusion MD reserves the right to remove any Material from the Site at its sole discretion, including any Material that does not comply with the provisions of this Terms of Use agreement or that could subject Fusion MD or Novartis to legal liability.
Users agree to comply with all applicable laws, statutes, ordinances, and regulations, as well as all applicable institutional requirements regarding the use of the Website. Users agree to comply with all of their professional and legal obligations in connection with any information or material that they upload or post to the Website. Users agree to comply with all privacy laws and other requirements applicable to physicians and other healthcare professionals regarding the confidentiality of personal healthcare information.
Specifically, but without limiting the general application of the present section, Users will not disclose any personal information or personal health information of patients or other individuals or disclose any information that identifies or that could potentially identify (e.g., if combined with other information) any patient or other individual.
Fusion MD reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action deemed appropriate, including but not limited to: canceling Member accounts; reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties; and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information as allowed under the Privacy Policy. If Fusion MD, Novartis, or our partners and sponsors have been affected or injured by your violation, Fusion MD and/or our partners and sponsors may, in their sole discretion, seek to recover damages from you.
The Website may contain service marks or trademarks, as well as those of affiliates or other corporations, in the form of words, graphics, and logos. The Website may also contain or reference proprietary information, technologies, products, processes, or other proprietary rights of Fusion MD, its partners, sponsors, or other parties. Use of the Website does not constitute any right or license for the use of such service marks/trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights without the prior written permission of the corresponding legal or beneficial owner of the proprietary rights. The Website is also protected under international copyright laws. The copying, redistribution, use, or publication by Users of any portion of the Website is strictly prohibited. The use of the Website does not grant Users ownership rights of any kind in the Website. The functionality and programming of Fusion MD’s Website are also proprietary and protected by law.
The content of this Website, including but not limited to the text and images herein and their arrangements, are copyrighted with All Rights Reserved. Use of this information for any purpose is prohibited without the prior written permission of Fusion MD or its partner and sponsor (if applicable).
Novartis retains all rights, title, and interest in the site content. Fusion MD retains all rights, title, and interest in the customization, implementation, and management of the Software platform used on this Website. Moodle, the LMS platform leveraged by this Website, is an open-source software platform, and its ownership and intellectual property rights are governed by its respective licensing agreements. Documentation and other elements of the Software are protected by copyright, patent, and/or other proprietary rights. It is understood that nothing in this Agreement shall be construed to grant Users or any of their affiliates any right, title, interest, or license, express or implied, under Fusion MD’s rights to any intellectual property other than as expressly provided herein. Fusion MD reserves all rights, title, and interest in the customizations and configurations not expressly granted in this Agreement.
Any Software that is made available to access from this Website ('Software') is the copyrighted work of Fusion MD and/or its suppliers. Use of the Software is governed by this Terms of Use Agreement.
Any Software made available for use through this Website is solely for use according to this Terms of Use Agreement. Any reproduction or redistribution of the Software is expressly prohibited.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
The software is warranted, if at all, only according to this Terms of Use Agreement.
The Website may contain links to third-party websites. These links are provided solely as a convenience to Users. By linking to these websites, Fusion MD does not create or have an affiliation with such third-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. Fusion MD has no control over the legal documents and privacy practices of third-party websites; as such, Users access any such third-party websites at their own risk and assume all responsibility for the use of such third-party websites. In no event will Fusion MD, Novartis, or its partners and sponsors be liable for any damages or injury resulting from the Users’ access or inability to access the Site or from the Users’ reliance on any information provided on the Website.
The Legal Terms shall be treated as though it were executed and performed in Quebec, Canada, and shall be governed by and construed in accordance with the laws of Quebec, Canada, without regard to conflict of law principles. In addition, Users agree to submit to the personal jurisdiction and venue of such courts and, for the purpose of the Legal Terms, the Users and Fusion MD all elect domicile in the judicial district of Montreal. Should any part of the Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law, and the remaining portions shall remain in full force and effect. To the extent that any Content in the Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Failure to enforce any provision of the Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Fusion MD under the Legal Terms shall survive the termination of the Legal Terms.
Fusion MD may terminate this Terms of Use Agreement and User access to the Website at any time for any reason without notice and with no liability to the User.
Users agree to use the Website in a professional and ethical manner and in compliance with all applicable laws, regulations, codes of conduct, policies, and rules. Users will not share login information (username or password) with any other individual. Any personally identifiable information in electronic communications to this Website is governed by the Site’s Privacy Policy.
Views expressed in Material posted to the Website are those of the User or Member who posts such Material as applicable and are not to represent the views of Fusion MD or Novartis. Users are responsible for verifying the truthfulness and accuracy of any Content or Material contained on the Website.
Disclaimers: Fusion MD attempts to ensure that all information provided on this Website is accurate and reliable, but errors may occur. All information, Materials, Services, and advice contained on or provided through the Website, including all text, graphics, links, animation, and 'cookies', are provided on an 'as-is' basis without any warranties of any kind, either express or implied.
To the maximum extent permitted by law, Fusion MD and any other party involved in developing, creating, producing, or delivering this Website to you disclaim all representations and warranties, express or implied, including but not limited to: warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus strains, and implied warranties arising from course of dealing or course of performance.
In no event shall Fusion MD, Novartis, nor any of their shareholders, affiliates, directors, managers, employees, partners, sponsors, or other representatives, including its expert committee of advisors, be liable for any direct damages. In no event shall Fusion MD, Novartis, nor any of their shareholders, affiliates, directors, managers, employees, partners, sponsors, or other representatives, be liable for any special, punitive, indirect, incidental, or consequential damages or any other damages of any kind, including but not limited to: personal injury, wrongful death, loss of use, loss of profits, interruption of service, or loss of data, whether in any action in warranty, contract, tort (including but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of or the inability to use this Website or any service offered through this Website or any material or information contained in or accessed through this Website. In no event are Fusion MD, Novartis, nor its partners and sponsors liable for any damages caused by your or any third party's acts or omissions.
Payment by Fusion MD or retention by you of direct damages as limited by the foregoing sentences is your sole and exclusive remedy in exhaustion of all other remedies under these terms of use at law or in equity, and such remedy is not deemed or alleged by you to have failed of its essential purpose.
To the extent not prohibited under applicable law, Users shall defend, indemnify, and hold harmless Fusion MD, Novartis, and their directors, officers, medical and professional staff, employees, partners, sponsors, and agents, including its Expert Committees (“Fusion MD Indemnities”), against any and all third-party actions, suits, claims, demands, judgments, damage, expense (including reasonable legal fees), or prosecutions that may be brought or instituted against Fusion MD, Novartis, and/or any Fusion MD Indemnities based on or arising out of any use by User or their Affiliates of the Website or of Software available from the Website or of any results generated thereunder or of written materials containing results of Website or Software usage. Fusion MD reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
The User assumes all responsibility for the use of this Website. All information transmitted to this Website is secure to the extent possible using existing technology. User should keep in mind, however, that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this Website may not be secure, and User should therefore take special care in deciding what information is sent to Fusion MD via e-mail. Moreover, where User uses passwords, identification (ID) numbers, or other special access features on this Website, it is User’s responsibility to safeguard them.
The user acknowledges that the software has not been reviewed or approved by Health Canada, the U.S. Food and Drug Administration, or by any other agency. The user also acknowledges that the software has not been reviewed by clinical personnel for accuracy and completeness before being incorporated into a clinical pathway or used clinically. All software output, including all report text, must be appropriately confirmed and verified by a licensed healthcare professional prior to use.
Fusion MD and its partners and sponsors do not recommend the use of any drug or medical device outside of approved label indications in the jurisdiction of the User. Please refer to the official prescribing information for each drug or medical device for approved indications, contraindications, and warnings.
By using our Website, Products, or Services, you signify your acceptance of the Terms of Use Agreement and of the Privacy Policy. Whenever you submit information via this Website, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy and Terms of Use. If you do not agree to the above terms, please do not use the Website.
