MedGrid, LLC
These Education, CME, and Sponsorship Terms (these "Terms") govern educational content on the MedGrid platform, including continuing medical education ("CME") modules, live and recorded webinars, physician-hosted sessions, and manufacturer-sponsored educational programs. By creating, hosting, sponsoring, or accessing educational content, the applicable party agrees to these Terms.
MedGrid, LLC ("MedGrid") provides a technology platform for distributing educational content and facilitating payment. MedGrid does not provide medical advice and does not itself confer CME credit unless and except as provided through an accredited provider as described in Section 2.
CME credit, where offered, is provided through an ACCME-accredited or other duly accredited provider engaged for the applicable activity, and all accredited activities shall comply with the accreditation requirements of the applicable accrediting body, including the ACCME Standards for Integrity and Independence in Accredited Continuing Education. [Confirm the accreditation partner and the joint-providership arrangement before any activity is designated for credit.] MedGrid shall not represent that an activity is accredited or credit-eligible unless that accreditation is in place.
3.1 Content Responsibility. A physician who hosts a session (a "Host") is solely responsible for the accuracy, legality, and professional appropriateness of the content, shall not make false or misleading claims, and shall disclose any relevant financial relationships.
3.2 Fees. The Host sets the price for a session. MedGrid retains a fixed platform fee of 15% of session revenue and remits the balance to the Host on MedGrid's standard settlement schedule. The platform fee is for technology and distribution services only.
3.3 License. The Host grants MedGrid a non-exclusive license to host, stream, record, and distribute the session through the platform. The Host retains ownership of the Host's underlying content.
4.1 Independence. For any accredited activity, the sponsoring manufacturer ("Sponsor") shall have no control over the selection of content, faculty, or educational methods, consistent with the ACCME Standards for Integrity and Independence. Sponsorship funds shall be provided as an unrestricted educational grant where required by those Standards.
4.2 Disclosure. All commercial support shall be disclosed to learners. Promotional or marketing materials of the Sponsor shall be kept separate from accredited educational content.
4.3 Sponsorship Fee; Compliance. The Sponsor shall pay the sponsorship amount set forth in an applicable order or statement of work. The sponsorship is for educational and promotional services at fair market value and is not conditioned on, and does not vary with, the volume or value of any purchases, orders, or prescribing of the Sponsor's products. Nothing in these Terms obligates any physician to purchase, order, or prescribe any product.
EDUCATIONAL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES AND IS NOT MEDICAL ADVICE. MEDGRID DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW AND IS NOT LIABLE FOR THE CONTENT OF ANY EDUCATIONAL PROGRAM. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDGRID'S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES MEDGRID RETAINED FROM THE APPLICABLE PARTY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Each Host and Sponsor shall indemnify, defend, and hold harmless MedGrid from and against claims arising out of its content, sponsorship, breach of these Terms, or violation of law. These Terms are governed by the laws of the State of Delaware. Any dispute shall be resolved through good faith negotiation for thirty (30) days, then non-binding mediation administered by JAMS in Miami Beach, Florida, and then final and binding arbitration administered by JAMS before a single arbitrator in Miami Beach, Florida, with a waiver of jury trial and of class or representative proceedings, and a carve-out permitting either party to seek injunctive relief. These Terms are the entire agreement on their subject matter.