Terms of Use

 
Welcome to our website! Master Clinician Network, LLC ("Master Clinician Network", "MCN", or "we") is pleased to offer you access to this site, www.masterclinician.org (the "Site"). Like other sites, MCN requires that you agree to the following terms and conditions of use, as amended from time to time ("Terms of Use"). We also have a privacy policy, which you can access on our Site. The Privacy Policy is a part of, and is incorporated by reference into, these Terms of Use.
 
Please understand that by accessing, browsing, or registering with the Site, and/or using any MCN service (the "Services"), you are agreeing to comply with the Terms of Use. In fact, these Terms of Use are a legally binding contract between you and MCN that you enter into by your use of the Site and/or the Services. If for any reason you do not agree to comply with the Terms of Use in any way, or become dissatisfied with the Services, your only recourse is to immediately discontinue using the Services and not access the Site.
 
If you have any questions or concerns about this Site, our Services, or these Terms of Use, please contact us at:
 
Phone: 971-330-7140
Address: 1692 Orenco Station Parkway, Hillsboro, OR 97124
Email: admin@masterclinician.org
 
ELIGIBILITY
 
As we mentioned, these Terms of Use are a legally binding contract between you and MCN that you enter into by your use of the Site and/or the Services. Accordingly, the Site and the Services are available only to persons who can enter into legally binding contracts under applicable law. Minors are not eligible to use this Site or the Services, unless the use is supervised by a parent or guardian.
 
FEES
 
Membership levels and fees are as follows:
 
Student Membership - $35 one- year | $45 two-year
  • Full access to all videos
  • Obtain observation hours (if approved by your educational institution)
  • Comment on videos
  • Receive video assignments from faculty at your educational institution
  • Set up personal homepage
  • Friend request other members
 
Faculty Membership - FREE (to be used only by registered faculty member)
  • Full access to all videos
  • Peer review all videos
  • Set up personal homepage
  • Friend request other members
  • Assign videos to students for review
  • Access to student observation responses
  • Approve student observations (with approval of applicable director of clinical instruction)
 
Clinician Membership - $35 per year
  • Full access to all videos
  • Peer review all videos
  • Set up personal homepage
  • Friend request other members
 
SUPERVISION REQUIREMENTS
 

Based on our best interpretation of the 2014 Standards and Implementation Procedures for the Certificate of Clinical Competence in Speech-Language Pathology, all 25 hours of clinical observation “must be within the ASHA Scope of Practice in Speech-Language Pathology and must be under the supervision of a qualified professional who holds current ASHA certification in the appropriate practice area”.

 

Based on our best interpretation of the ASHA Scope of Practice in Speech-Language Pathology Policy Statement, the following services to individuals with hearing impairment is within the scope of practice of speech-language pathologists:

 

1. Screening individuals for hearing loss or middle ear pathology using conventional pure-tone air conduction methods (including otoscopic inspection), otoacoustic emissions screening, and/or screening tympanometry

 

2. Providing services to individuals with hearing loss and their families/ caregivers (e.g., auditory training for children with cochlear implants and hearing aids; speechreading; speech and language intervention secondary to hearing loss; visual inspection and listening checks of amplification devices for the purpose of troubleshooting, including verification of appropriate battery voltage)

 

The following is not within the scope of practice of speech-language pathologists:

 

1. The selection or fitting of sensory devices used by individuals with hearing loss or other auditory perceptual deficits (which falls within the scope of practice of audiologists).

 
REFUND AND CANCELLATION POLICY
 
Membership dues will not be refunded if your account is cancelled or terminated.
 
CONDUCT
 
This section includes the representations and warranties (in other words, the promises) that you make to MCN. You represent and warrant that:
  • You agree to comply with these Terms of Use and to be legally bound by them.
  • You will provide true, accurate, current, and complete information about yourself as prompted, and you will maintain and promptly update such information in order to keep the information true, accurate, current, and complete.
  • You will promptly notify us if you suspect, or are aware of, any unauthorized use of your ID or password, or any other breach of security.
  • You will not interfere with any other person's use and enjoyment of the Site or interfere with or attempt to gain unauthorized access to the Site, its server, or any accounts, or computer systems, through hacking, password mining, or any other means.
  • You will not decompile, disassemble, reverse engineer, or otherwise attempt to discover any source code that makes up the Site.
  • You will not post or transmit anything that contains viruses, or any of the many similar software or programs that may damage the operation of the Site, or any other person's property.
  • You will not modify or attempt to modify the Site or any of its components.
  • You will not take, or attempt to take, anything not intentionally made available by MCN through this Site.
  • You will 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 Site.
 
MEMBER ACCOUNT
 
To use the Services, you will need to register with the Site and obtain an account and password. You are solely responsible for maintaining the confidentiality of your account(s) and password(s). Furthermore, you are responsible for all activities, charges, and liabilities associated with your account(s).
 
By registering as a Member, you acknowledge and agree that:
  • The Services start on the date you submit the Agreement to MCN.
  • Although MCN will do its best to protect your privacy and information you store in your member profile, you acknowledge that MCN has limited control of information.
  • You may not transfer your account to another person.
  • You understand, as a student, that MCN is not certifying 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. It is the student's responsibility to insure that their educational institution will approve observation hours obtained through MCN.
  • 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.
  • In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse. In the event that you are a minor, MCN reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult's request.
  • MCN may disclose in any form, including in electronic form, any information that is required by law to be disclosed regarding the Services.
  • You understand that MCN uses third party credit card processors to securely process your credit card information; however, MCN cannot guarantee third party compliance and is therefore not responsible in any way for the acts of third parties with respect to your credit card information. You release MCN from any liability or responsibility for the acts or omissions of third party recipients of your credit card information.
 
PROPRIETARY RIGHTS
 
You acknowledge that this Site or our Services, and any underlying technology used in connection with the Services, including without limitation, all software, material, information, communications, text, graphics, links, electronic art, audio, video, photos, and other data (collectively, the "Content") available within the MCN Site 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.
 
LINKS TO THIRD PARTY SITES
 
The Site contains links to other websites, services, or resources that aren't controlled by MCN. We do this only for convenience. MCN does not endorse or make any representation about any third party site or anything contained on such sites. If you access any third party site through a link on this Site, you do so entirely at your own risk. We are not responsible for anything on any linked site, any changes or updates to such linked site, or anything they do, don't do, or promise.
 
DISCLAIMER OF WARRANTIES
 
The Site and the Services contained in this Site are provided "AS IS", "WITH ALL FAULTS", on an "AS AVAILABLE" basis. MCN disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non-infringement, completeness, reliability, or suitability. MCN does not warrant that: (A) the Site or Services will be secure, uninterrupted, timely, or error-free, or that defects will be corrected; (B) the Site will be free of viruses or other content that can damage its users; (C) the Site or Services will meet your requirements; (D) the Site or Services does not infringe on the proprietary rights of others; (E) the quality of any Services, information or other material accessed by you through the Site or Services will meet your expectations; or (F) there is or should be any implied warranty arising from course of dealing or usage of the Site or Services.
 
Your use of the Site and Services is at your own risk, and you will be solely responsible for, and hereby waive, any and all claims and causes of action with respect to any damage to your computer system, internet access, streaming device, or loss of data that results from using this Site or Services. MCN is not responsible for acts or omissions by any third party, including without limitation, a party who might hack, invade, or otherwise disrupt the Site or Service and/or take information.
 
MCN attempts to ensure that the Site is available 24 hours per day and that services are available as specified upon registration, but it will not be liable under any circumstances if the Site or Services is unavailable at any time or for any period of time. Access to the Site or Services may be suspended temporarily and without notice in the case of a system failure, maintenance, or repair or for any other reasonable cause.
 
LIMITATION OF LIABILITY
 
In no event will MCN or its officers, members, employees, or authorized representatives be liable for direct, indirect, incidental, special, consequential, or other damages (even if MCN has been advised of or is aware of the possibility of such damages), resulting from or arising out of any aspect of the Site or Services, whether those damages arise from the use, misuse, inability to use, alternation of use, or termination of use of the Site or Services. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
 
Your sole and exclusive remedy against MCN or its officers, members, employees, or authorized representatives, is your discontinuation of your use of the Services and Site. Some jurisdictions do not allow for the exclusion of certain warranties, representations, and conditions on the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the above limitations may not apply to you.
 
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 Site and/or Services.
 
MODIFICATION AND TERMINATION OF SERVICES
 
MCN reserves the right to restrict your use of the Site and/or the Services. We may temporarily or indefinitely suspend your use of our Services, your member account, or permanently deny you access to the Site, 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 Site.
 
RESTRICTIONS ON CLASS ACTION CLAIMS
 
You agree that any and all disputes, claims, or controversies arising out of or related to the Site and/or the Services ("Disputes"), shall be resolved on an individual basis in a court of competent jurisdiction. There shall be no right or authority for any Disputes to be resolved on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated.
 
ARBITRATION OF DISPUTES
 
You agree that any dispute asserted against MCN, or its officers, members, employees, or authorized representatives will be brought exclusively with the Arbitration Service of Portland ("ASP") in Portland, Oregon, to be arbitrated according to the then current ASP rules of arbitration. The judgment rendered by the arbitrator will be binding on you and MCN, and may be entered in any court of competent jurisdiction.
 
MISCELLANEOUS
 
These Terms of Use - which, as stated above, expressly incorporates by reference the Privacy Policy - is the entire agreement between you and MCN. If for any reason anything on or associated with the Site and/or Services is in conflict or inconsistent with these Terms of Use, these Terms of Use are controlling. 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. 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.
 
Things change, and so do our Terms of Use. We reserve the right to change, amend, or modify the Terms of Use at any time without prior notice by posting any new Terms of Use on the Site. Unless it expressly says otherwise, all changes, amendments, or modifications take effect immediately upon being posted on the Site. Accordingly, it is important for you to review the Terms of Use on a regular basis to keep yourself apprised of any changes.
 
 
Last Updated: July 2014