Effective August 2015
1. Introduction and Acceptance
Welcome to www.patientpoint.com, ("Website") an interactive online service operated by PatientPoint Network Solutions and its affiliates ("PatientPoint" "us," "we," or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of www.patientpoint.com, including any content, functionality and services offered on or through www.patientpoint.com, including all PatientPoint programs.
2. Intellectual Property
3. Neither We nor Our Website Provide Medical Advice
(A) OUR WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. WE OFFER HEALTH RELATED WEBSITE CONTENT TO EDUCATE AND TO AID THE GENERAL UNDERSTANDING OF USERS. NOTHING CONTAINED IN OUR WEBSITE SHOULD BE TAKEN, CONSIDERED OR USED AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS VERIFY THE INFORMATION PROVIDED BEFORE RELYING ON IT TO TREAT OR ADVISE PATIENTS.
(B) TO THE EXTENT YOU ARE EVALUATING OUR WEBSITE CONTENT FOR PERSONAL MATTERS, NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON OUR WEBSITE. YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE MAKING ANY MEDICAL DECISIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911.
(C) We provide the Website including, without limitation, Website Content for educational, promotional and, if accessing through your Practice (defined below), account management purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
(D) The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
4. Website Access and Use
(A) Access to the Website including, without limitation, the Website Content is provided for your information and non-commercial use only.
- Medical Practice Access and Use: If you are accessing our Website as a result of other products and services we provide a medical practice or other business ("Practice"), you are accessing and using our Website on behalf of yourself AND the Practice.
- Individual Access and Use: You are at all times responsible for your activities on our Website.
- Use our Website in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
- Modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Website (e.g., those that prevent or restrict copying Website Content);
- Use our Website to send, knowingly receive, upload/post, download, any material which does not comply with our content standards;
- Use our Website to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
- Use our Website to transmit any data, or upload to our Website any data, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- Take any action to interfere with, damage, or disrupt any part of our Site or Service;
- Decompile, reverse engineer, or disassemble any portion of our Website;
- Use network-monitoring software to determine architecture of or extract usage data from our Website; or
- Engage in any conduct that restricts or inhibits any other user from using or enjoying our Website
5. User Registration
(A) In order to access or use some features of the Website, you will need to become a registered user, and you may be asked to provide certain details and information to become a registered user. If you register with our Website, you agree to provide true, accurate and complete registration information. If this information changes, you agree to promptly update the relevant registration information. During registration, you will create (if accessing as an individual) or will be provided (if registering through your Practice) a user name and password (a "Membership").
(C) If you register through your Practice, your Practice will have access to all information you submit through the Website, your user name/password, and your activities on the Website. You and your Practice are solely responsible for the activity that occurs under your Membership, whether or not that specific activity has been authorized by the Practice. If you subsequently leave that Practice, you agree not to thereafter access our Website using the same registration information.
6. User Content
(A) We may now or in the future permit users to post, upload, transmit, or otherwise make available on the Website, in-office monitors, or other equipment (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content, even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) You expressly agree that you will not submit any User Content that:
- Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
- Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
- Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
- Includes personal information such as phone numbers, social security numbers, account numbers, addresses, employer references, etc.; or
- Contains a formula, instruction, or advice that could cause harm or injury.
Moreover, any conduct by a user that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Website will not be permitted.
(E) If your User Content is intended to be posted on our Website, you also grant us the right, but not the obligation, to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" with respect to the User Content. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, promotional, or any other purpose we deem appropriate.
(F) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
8. Disclaimers of Warranties
(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, PATIENTPOINT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
9. Limitation on Liability
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
11. Copyright Policy
(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). Our Designated Agent is:
Please include “Attention: General Counsel” in the Subject Line.
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work's copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- An email address at which you may be contacted.
- 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.
- 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 owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
12. Choice of Law; Jurisdiction And Venue
13. Dispute Resolution And Mandatory Arbitration
(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution, and allow at least thirty (30) days to resolve the dispute before proceeding to arbitration as provided for below.>
(B) The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they chose to have any disputes resolved through arbitration.
(D) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
14. No Class Actions
(A) TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
(B) If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate (Section 13) doesn't apply and the class-wide dispute must be brought in court.
15. No Trial by Jury
(A) TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
(B) If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate (Section 13) doesn't apply and the class-wide dispute must be brought in court
16. Amendment; Additional Terms