Terms of Use
Last Updated January 2, 2024
Welcome to Master Clinician Network! At Master Clinician Network, LLC (“MCN,” “us,” “our,” or “we”), we are committed to sustainable practices and lifelong learning in Speech-Language Pathology and Audiology. These Terms of Use are a contract between you and MCN for your use of our services, products, and your interactions with us via www.masterclinician.org or www.mcnslp.com (collectively, our “Services”). Please read these Terms carefully. If you have any questions, please contact MCN at:
Phone: 971-330-7140
Address: 1002A N Springbrook Rd #176, Newberg, OR 97132
Email: admin@masterclinician.org
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION AGREEMENT THAT GOVERNS ANY DISPUTES BETWEEN YOU AND MCN.
Acceptance
By using our Services in any manner or by clicking to accept or agree to the Terms where this option is made available to you in any agreement or electronic form, you accept and agree to these Terms and all documents incorporated by reference. You can also accept the Terms. These Terms will remain in effect as long as you access the Services or maintain an account with MCN. You acknowledge that we may make changes to the Services or these Terms at any time. If you do not agree to these Terms, do not access or use the Services.
MCN Services
MCN gives students, faculty, and clinicians a window into the clinical process as conducted by expert-level clinicians. Our Services provide a platform for guided observation and the development of clinical skills in speech-language pathology. All MCN Services take place on our website. We do not offer software or software-as-a-service as part of the Services, and users are never asked to download any software to use the Services. For more information, please read our FAQs.
Eligibility
To use the Services, you must be: (a) at least 18 years old or at least the age of majority under the laws of your jurisdiction; (b)own the valid email address used to register your User Account (defined below); (c) have the necessary authority and capacity to enter into a contract with MCN; (d) physically located in a jurisdiction where use of the Services is unrestricted and unprohibited by applicable law; (e) not previously suspended or removed from our Services; and (f) at all times abide by these Terms. If you do not follow or qualify under these requirements, we reserve the right to suspend your use of the Services without notice to you.
Subscriptions
You may purchase the Services at the service level that corresponds with your role in your institution, whether as a Student, Faculty, Graduate Assistant, Clinician, or Clinician Fellow. Subscriptions may be purchased through MCN’s website. For Students, a Faculty Member may provide you with a Student Membership code or instruct you to purchase a Student Membership on the website. Subscription levels are as follows:
Student – Annual Subscription or University Registration Code*
Full access to all videos
Obtain observation hours (subject to approval by your educational institution; MCN does NOT approve observation hours)
Receive video assignments from faculty at your educational institution
Set up a personal library
Create video clips and store them in collections within your library
University affiliation required
* Student accounts created using a University Registration Code will gain 12 months of access without being a subscription fee and with no automatic renewal. Subscription refunds may be available if a request is submitted within 90 days of payment, provided there is no work done within that time. To determine whether you are eligible for a refund, click here and complete the linked form.
Faculty Subscription – FREE (to be used only by the registered faculty member)
Full access to all videos
Assign videos to students and groups of students for review
Access to student observation responses
Approve student observations (with approval of applicable director of clinical instruction)
Setup a personal library
Create video clips and store them in collections within your library
Share collections with other MCN members
Create default questions for student-created assignments sent to you
Clinician Subscription – Annual Subscription
Full access to all videos
Set up a personal library
Create video clips and store them in collections within your library
Share collections with other MCN members
Clinical Fellow – Annual Subscription
Full access to all videos
Set up a personal library
Create video clips and store them in collections within your library
Share collections with other MCN members
Speech-Language Pathology Assistant (SLPA)– Annual Subscription
Full access to all videos
Set up a personal library
Create video clips and store them in collections within your library
Share collections with other MCN members
Graduate Assistant Membership – FREE with registration by a Faculty Member
Full access to all videos
Set up personal homepage
Friend request other members
Use Services on behalf of assigned Faculty
If you are a student, you understand that MCN does not certify that you completed the requisite observation hours. All video assignments, course requirements, and additional certification requisites along with granting the observation certification will be controlled by and awarded through each student’s educational institution.
If you are Faculty or an educational institution, you understand, as faculty or an educational institution, that you are responsible for the observation, supervision, and certification of your students who access this Site. MCN makes no representations or warranties (promises) regarding the quality of the video selection or that students have thoroughly viewed a video reported on their record. It is the faculty’s or educational institution’s responsibility to perform the necessary due diligence to ensure that students are accurately reporting their observation time.
Registration
To use the Services, you must register and create a user account and profile (“User Account”). Personal Information you provide to us is governed by the MCN Privacy Policy. Your User Account will grant you access to the features associated with your purchased level of Services. You will create a set of login credentials, including a username and password. If you are a Graduate Assistant, your assigned Faculty will create your login credentials on your behalf. You are responsible for maintaining the confidentiality of your login credentials, and you are responsible for all activities that occur using your access credentials. Any information that you provide to us will also be subject to our Privacy Policy. You agree to: (i) provide true, accurate, current, and complete information about yourself; (ii) not transfer your User Account to another person or allow others to access your User Account or use the Services through your User Account; and (iii) use the Services for only lawful purposes and in compliance with these Terms.
2020 STANDARDS AND IMPLEMENTATION PROCEDURES FOR THE CERTIFICATE OF CLINICAL COMPETENCE IN SPEECH-LANGUAGE PATHOLOGY
Standard V-C states:
The applicant must complete a minimum of 400 clock hours of supervised clinical experience in the practice of speech-language pathology. Twenty-five hours must be spent in guided clinical observation, and 375 hours must be spent in direct client/patient contact.
Implementation: Guided clinical observation hours generally precede direct contact with clients/patients. Examples of guided observations may include but are not limited to the following activities: debriefing of a video recording with a clinical educator who holds the CCC-SLP, discussion of therapy or evaluation procedures that had been observed, debriefings of observations that meet course requirements, or written records of the observations. It is important to confirm that there was communication between the clinical educator and observer, rather than passive experiences where the student views sessions and/or videos. It is encouraged that the student observes live and recorded sessions across settings with individuals receiving services with a variety of disorders and completes debriefing activities as described above.
The observation and direct client/patient contact hours must be within the ASHA Scope of Practice in Speech-Language Pathology and must be under the supervision of a qualified professional who holds a current ASHA certification in the appropriate practice area. Guided clinical supervision may occur simultaneously during the student’s observation or afterwards through review and approval of the student’s written reports or summaries. Students may use video recordings of client services for observation purposes.
Based on our best interpretation of the 2020 Standards and Implementation Procedures for the Certificate of Clinical Competence in Speech-Language Pathology, guided observation hours obtained from Master Clinician Network meet all current standards. Currently all observation experiences on MCN are guided by either default question sets or custom question sets designed by faculty supervisors at individual universities. Further, once students respond to the questions, faculty have an opportunity for a written debriefing that is sent directly to the students.
Supervisor Approval of Guided Observation Hours
When a supervisor approves a student’s guided observation submission, the supervisor’s name and ASHA number appear on the student’s observation report and serves as an eSignature verifying that the supervisor has approved the student’s guided observation hours.
Under the 2020 Standards, supervisors must have a minimum of 9 months of full-time clinical experience after earning the CCC and have a minimum of 2 hours of professional development in the area of clinical instruction/supervision after earning the CCC before being eligible to supervise graduate clinicians. In all cases, the supervisor should have acquired sufficient knowledge and experience to mentor a student and provide appropriate clinical education.
Fees
Annual Membership fees for each Membership level are posted at the time of purchase. You are responsible for payment of all fees associated with the Services level you purchase. Fees may be based on a one-time purchase or on a subscription basis, as described at the time of selection. If you access the Services on a subscription basis, your subscription begins on the date of purchase and continues for one year. Your subscription automatically renews each year until terminated or cancelled in accordance with these Terms. Billing and payment cycles are stated at the time of purchase. To determine whether you are eligible for a refund, click here and complete the linked form. Refunds are subject to eligibility and may take up to 10 business days to process.
We reserve the right to change our subscription plans and other Services offered or adjust our fees at any time. You are responsible for all charges and fees associated with your use of the Services level, including without limitation all wireless and/or internet service provider fees, devices and equipment, sales taxes and any other fees and charges necessary to access the Services. All fees are payable in advance and quoted in United States dollars.
Payment
You agree to provide a valid payment method on file, which MCN will process (and may securely store) via a PCI-DSS payment processor. If you select a subscription with automatically recurring payments, you authorize MCN to periodically charge your payment method on a going-forward basis for all accrued sums and until cancellation of either the recurring payments or your User Account. If your payment method is a credit card, we may seek pre-authorization of your account prior to allowing you to begin Services, to verify that the credit card is valid and has the necessary funds or credit available to cover your fees.
You represent and warrant that the payment information you provide to us is accurate and you are using a form of payment that you are legally authorized to use. You agree that you are solely liable for any payment or credit card fraud, abuse or unauthorized use by you or others. You agree that we may charge your payment method on file with us for the fees or other amounts duehereunder, as well as any sales and use taxes and any late fees or interest (as described below). You understand and agree that MCN is not responsible in any way for the acts of any payment processor with respect to your payment method information and you hereby release MCN from any liability or responsibility for the acts or omissions of third-party recipients of your payment method information.
If you do not pay on time or if we cannot charge the payment method you have on file for any reason, MCN reserves the right toeither suspend or terminate your access to the Services and, if any payment is not received after the due date, or assess interest atthe rate of 1.5% of the outstanding balance per month (18% per year) or the maximum rate permitted by law (whichever is lower), from 30 days after the due date until the date paid. If your unpaid fees are referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees and/or collections agency fees. Returning users must pay any unpaid balance, including any late fees, before receiving Services.
Refund and Cancellation Policy
Members may cancel their subscription at any time (you will still have access to your account until the end of your current subscription year). Refunds may be available if you are within 90 days of joining or renewing your MCN subscription you have not done any work within MCN (including watching any portion of a video) during that payment period. To determine whether you are eligible for a refund, click here and complete the linked form. Refunds may take up to 10 business days to appear in your bank account.
Equal Opportunity/Accessibility Policy
Master Clinician Network is committed to providing equal opportunities in accordance with all applicable laws. If you need a disability-related accommodation, please contact admin@masterclinician.org. We will review your request and respond in a timely manner. Please note that we require a minimum of 2-3 weeks to provide a reasonable accommodation for your request.
Conduct
You are personally responsible for your use of the Services. You represent and warrant that you will:
Use the Services in a respectful manner and in compliance with applicable laws and these Terms of Use.
Abide by all rules of conduct relating to any Services features you use.
Use the Services for personal, educational, and non-commercial use only.
Provide true, accurate, current, and complete information, and maintain and promptly update such information in order to keep the information true, accurate, current, and complete.
Not use the Services to transmit any personal health information, advice, diagnoses, or any other service that requires professional licensure.
Not interfere with any other person's use and enjoyment of the Services or interfere with or attempt to gain unauthorized access to the Services, its server, or any accounts, or computer systems, through hacking, password mining, or any other means.
Not decompile, disassemble, reverse engineer, or otherwise attempt to discover any source code that makes up the Services.
Not post or transmit anything that contains viruses, or any of the many software or programs that may damage the operation of the Services, or any other person’s property.
Not modify or attempt to modify the Services or any of its components.
Not take, or attempt to take, anything not intentionally made available by MCN through the Services.
Not reproduce, duplicate, copy, sell, resell, exploit, or in any way use any of the video content or other Content (as defined below) on the Services.
Not engage in fraudulent, false, misleading, or deceptive activities on the Services.
Not be defamatory, obscene, pornographic, vulgar, or offensive in any way.
Not promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
Not engage in activity that relates to violence or threatens or promote violence or actions that are threatening to any person or entity.
Not promote illegal or harmful activities or substances.
Promptly notify us if you suspect, or are aware of, any unauthorized use of your login credentials, or any other breach of security.
Additionally, MCN reserves the right to terminate your access to the Services if you use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type. The activities prohibited in this section are not intended to be exhaustive. Any conduct by you that, in our sole discretion, restricts or inhibits any other individual from using or enjoying the Services will not be permitted. MCN may temporarily or permanently ban you if you violate the provisions of this section or if you abuse email communications or support communications, as determined by us, in our sole discretion.
MCN Content
You acknowledge that the Services, and any underlying technology used in connection with the Services, including without limitation, all material, information, communications, text, graphics, links, electronic art, audio, video, photos, and other data available within the Services (collectively, the “Content”) are provided by MCN or third party providers and are the copyrighted works of MCN and/or such third parties. Except as expressly authorized by MCN or such third parties, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile, or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to MCN in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” any Content or the Services on any other server.
License Grant
Subject to these Terms, we hereby grant you a limited, non-exclusive, nontransferable, non-sublicensable, revocable license to access, download, install, and use the Services for your own personal, educational, and non-commercial purposes. The Services are licensed to you, not sold. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel or otherwise any ownership, license, or other grant of right to any copyright, trademark, or other intellectual property of MCN or any third party, except as expressly provided in these Terms. We reserve all rights not expressly granted in these Terms.
Upon termination of these Terms: (a) the license granted to you herein shall terminate as to the terminated rights; (b) you shall cease all use of the Services that have been terminated; and (c) MCN may at its own discretion remove and/or purge data, account information, and any other information obtained by us in connection with providing you with the Services. MCN reserves the right to disable any login credentials at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
User Content
With respect to any videos, photos, media, comments, Feedback (defined below), or other materials posted to the Services by you (“User Content”), you represent and warrant that: (i) you created and own the rights to the User Content, or you have the owner’s express permission to post such User Content; and (ii) the User Content does not infringe any other person’s or entity’s rights or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies. User Content must not: (a) misrepresent your identity or affiliation with any person or organization; (b) seek to collect others’ Personal Information by any means; (c) seek to transmit chain letters, or bulk or junk email; (d) relate to contests, sweepstakes, or other sales promotions; (e) include information that may be used to track, contact, or impersonate another individual; (f) infringe any intellectual property or other proprietary rights of MCN or any person; (g) seek to harm or exploit children; (h) contain any material that is false, defamatory, libelous, obscene, harassing, discriminatory, profane, or otherwise offensive, damaging, unlawful, or harmful; (i) violate our or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act; or (j) be otherwise objectionable as determined by us at our sole discretion.
MCN takes no responsibility and assume no liability for any User Content that you or a third party posts or sends on or through the Services, nor do we assume any liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We do not endorse any User Content, and the User Content posted does not reflect our opinions, views, or advice. We reserve the right, but have no obligation to, monitor, review, screen, post, remove, reject, modify, or store User Content at any time and for any reason without notice. We also reserve the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We may refuse, alter, or remove User Content without notice for any reason at our sole discretion.
In consideration for your use of the Services, you grant to MCN an irrevocable, worldwide, royalty-free, fully paid, sub-licensable, perpetual license to use, reproduce, make derivative works from, distribute, publish, display, or perform such User Content in whole or in part, by any and all means and media, in connection with advertising, marketing, and promoting MCN and the Services. You acknowledge that MCN may modify the User Content for any purpose. However, MCN has no obligation to use any User Content, and our use of any User Content does not create or imply any endorsement of or affiliation with you.
Geographic Restrictions
MCN is owned and operated in the United States. We make no claims that the Services or any other products or services or their content is accessible or appropriate outside of the United States. Access to our Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Links to Third Party Sites
The Services may contain links to other websites, services, or resources that are not controlled by us. MCN is not responsible for any third-party services, nor do we make any representations about the content or accuracy of material of any third-party services. Inclusion of third-party services on or through our Services does not imply our approval or endorsement of the third-party service. Please be aware that when you click on links that take you to external websites, you do so at your own risk, and you will be subject to their privacy policies and practices and not ours. Any concerns regarding any such website, service, or resource should be directed to the website’s owner or operator.
Services Availability
MCN will use commercially reasonable efforts to maintain availability of the Services. You understand that there will be times when the Services will not be available such as scheduled maintenance times, outages, emergency maintenance, or unavailability due to causes beyond our control. MCN is not liable for any delays, interruptions, or other transmission errors resulting from any lack of Service for any reason, or any lack of Services caused by your device or your internet or wireless service provider.
Disclaimer of Warranties
YOUR USE OF THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE DO NOT GUARANTEE THAT THE SERVICES, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF ONLINE PRODUCT OR SERVICE FEATURES. WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE ANY SERVCES OR ANY FEATURE THEREOF IN OUR SOLE DISCRETION WITHOUT NOTICE.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENTS OR FEATURES THEREOF, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU TO US DURING THE LAST THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold MCN and any and all of its officers, members, service providers, employees, and authorized representatives harmless from any and all liability, loss, claim, and expense, including court costs and reasonable attorneys’ fees, directly or indirectly arising out of or related to your use of the Services.
Modification and Termination of Services
MCN reserves the right to restrict your use of the Services. We may temporarily or indefinitely suspend your use of our Services, your member account, or permanently deny you access to the Services, at any time and without prior notice, if you have violated these Terms of Use, or if, in our sole discretion, your continued use of our Services would be contrary to law or regulation or is potentially injurious to other persons or is otherwise not in the best interests of the MCN community. All terminations, limitations of access and suspensions for cause shall be made by MCN in its sole discretion. MCN shall not be liable to you or any third party for any termination of your member account or Services. You may terminate your member account by deleting your member account on the Services.
Dispute Resolution
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES, AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute between you and MCN arising out of or relating to these Terms of Service or your use of the Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below. We want to address your concerns without the necessity of a formal legal case. Before filing a claim against MCN, you agree to try to resolve the Dispute informally by contacting admin@masterclinician.org. MCN will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or MCN may bring a formal proceeding.
Arbitration Agreement
You and MCN each agree to resolve any Disputes through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Yamhill County, Oregon, United States, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. Notwithstanding the foregoing, either you or MCN may assert claims, if they qualify, in small claims court in Yamhill County, Oregon or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever. In the event of any Dispute between the Parties, MCN shall be entitled to collect from the other Party all costs incurred in such dispute, including reasonable attorneys’ fees, if we are the prevailing party.
Intellectual Property Disputes
Notwithstanding the Parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these Terms. Either Party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Class Action Waiver
You may only resolve Disputes with MCN on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
Copyright Infringement Notification
MCN respects the intellectual property of others and asks our users to do the same. If you believe in good faith that your work or any material on our Services infringes the copyright in your work, a notification of the alleged copyright infringement should be emailed to our Copyright Agent at: admin@masterclinician.org (subject Line: "DMCA Takedown Request"). You may also send your takedown request by United States Postal Service, Federal Express or United Parcel Service to:
Attention: DMCA Takedown Request
Master Clinicians Network
1002A N Springbrook Rd #176
Newberg, OR 97132
To be effective, the notification must be in writing and contain (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please be advised that we will not respond to complaints that do not meet the requirements above. Notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act (DMCA). If we determine that the material(s) alleged to infringe your rights do not require removal, we will remove those materials only pursuant to a court order that declares the content or use of the materials unlawful. Please be aware that there can be penalties for false claims under the DMCA. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the Account and access to the Services of users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Services and/or terminate the participation of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Consent to Do Business Online
By accessing the Services, registering for or using our Services, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (i) MCN communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from us electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. We will use electronic documents for all communications, notices, agreements, disclosures, authorizations, and other documents necessary to provide you with the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at admin@masterclinician.org. Agreements and transactions executed prior to this request will remain valid and enforceable.
Governing Law
The Terms of Use shall be governed by the laws of the State of Oregon. The prevailing party in any legal action arising out of or relating to these Terms of Use shall be entitled to reasonable attorneys’ fees, costs, and necessary disbursements determined by a court or arbitrator.
Relationship of Parties
The parties’ relationship, as established by these Terms, is solely that of independent contractors. These Terms do not create any partnership, joint venture, or similar business relationship between the parties. Neither party is a legal representative of the other party, and neither party can direct and control the day-to-day activities of the other, or assume or create any obligation, representation, warranty, or guarantee, express or implied, on behalf of the other party for any purpose whatsoever. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Entire Agreement
These Terms of Use, including and together with our Privacy Policy and any other documents referenced herein, constitutes the entire agreement between you and us with respect to the subject matter herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. If these Terms are inconsistent with any other written policies, terms, and agreements relating to any Service, the written guidelines, policy, terms, and agreements relating to the specific Services will govern. Nothing in these Terms will be deemed to confer any third-party rights or benefits.
If a provision of these Terms of Use is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of these Terms of Use will not be impaired. No waiver by MCN of any of the terms and conditions of these Terms of Use will be deemed a continuing waiver or waiver of any of the other terms and conditions of these Terms of Use, and our failure to act with respect to any breach of the Terms of Use does not waive our right to act with respect to subsequent or similar breaches.
We may assign these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign these Terms without our prior written consent, and any unauthorized assignment by you shall be automatically null and void. No assignment, transfer, delegation, or subcontract shall relieve you of any of your obligations hereunder. These Terms are binding on and inures to the benefit of your and our respective permitted successors and assigns.
Termination
These Terms shall remain in full force and effect for as long as you use the Services. To terminate these Terms of Use, you must discontinue all use of the Services. Upon discontinuance of the Services, these Terms are terminated, and you lose the right to access or use any of our Services. The proprietary rights, disclaimer of warranties, representations made by you, and limitations of liability shall survive termination of these Terms.
Amendments
Things change, and so do our Terms of Use. We may amend these Terms from time to time by updating this page as evidenced by revising the “Last Updated” date noted at the top of this posting. Once you accept these Terms, the then-current version shall apply each time you access or use the Services.