Website Terms and Conditions of Use
Welcome to Discus, LLC doing business as Treat to Target Physician Data Collaborative (“T3”). T3 provides website features to you subject to the following conditions. If you visit or use T3’s website at t3treattotarget.com, you must agree to these conditions. Please read them carefully. In addition, to the extent you use any T3 products, you are also bound by any terms of conditions applicable to your use of those T3 products.
Please review our Privacy Notice, which also governs your visit to t3treattotarget.com, to understand our practices.
When you visit t3treattotarget.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of T3 or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of T3 and protected by U.S. and international copyright laws. All software used on this site is the property of T3 or its software suppliers and protected by United States and international copyright laws.
T3 and t3treattotarget.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of T3 in the U.S. and/or other countries. T3's trademarks and trade dress may not be used in connection with any product or service that is not T3's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits T3. All other trademarks not owned by T3 that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by T3.
One or more patents applications filed by T3 apply to this site and to the features and services accessible via the site. Portions of this site may operate under license of one or more patents belonging to other third parties. Your use of this website does not, on its own, confer a license to use T3 or any third parties’ patent rights.
LICENSE AND SITE ACCESS
T3 grants you a limited license to access and make use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of T3. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product descriptions or prices; any derivative use of this site or its contents; any downloading or copying of information for the benefit of any other person or entity; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of T3. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of T3 without express written consent. You may not use any meta tags or any other "hidden text" utilizing T3's name or trademarks without the express written consent of T3. Any unauthorized use terminates the permission or license granted by T3. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of t3treattotarget.com so long as the link does not portray T3, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any T3 logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer(s), and you agree to accept responsibility for all activities that occur under your account or password. T3 reserves the right to refuse service, terminate accounts, remove or edit content, or cancel licenses to its products and its website in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors and users of this website may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. T3 reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant T3 a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant T3 and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify T3 for all claims resulting from content you supply. T3 has the right but not the obligation to monitor and edit or remove any activity or content. T3 takes no responsibility and assumes no liability for any content posted by you or any third party.
T3 respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide t3treattotarget.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying T3 that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
t3treattotarget.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Dan J. Donlan
19110 N.E. 155th Street
Woodinville, WA 98072
Phone: (425) 941-7225
fax: (425) 949-7974
T3 attempts to be as accurate as possible. However, T3 does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered T3 itself is not as described, your sole remedy is to return it.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY T3 ON AN "AS IS" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. T3 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, T3 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. T3 DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM T3 ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. T3 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your visit to t3treattotarget.com or to products or services sold or distributed by T3 or through t3treattotarget.com will be resolved by binding arbitration in Spokane County, Washington, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Dan J. Donlan, 19910 N.E. 155th Street, Woodinville, WA 98072. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting t3treattotarget.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and T3.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.