Practicing Clinicians Exchange Terms and Conditions

Welcome to Practicing Clinicians Exchange. Please read this agreement carefully before using our Service (as defined below). By using this Web site, you agree to the following terms and conditions of this agreement between Practicing Clinicians Exchange and you. These terms may change at any time without notice. The most current version is available at the link at the bottom of any page on our site. If you do not agree to all of these Terms and Conditions, do not use this Service.

Scope of these Terms and Conditions

Practicing Clinicians Exchange offers access to a variety of resources on the practicingclinicians.com domain including, but not limited to, articles, reference tools, continuing education for medical professionals tools, communication tools, and message boards (the "Service"). The Service is owned and operated by Continuing Education Alliance. The Service is for health care professionals only. When we refer to ourselves as "we" or "Practicing Clinicians Exchange," or “PCE,” we mean Continuing Education Alliance and its Practicing Clinicians Exchange brand, any parent company, or current or future sister companies or subsidiaries. Reference to "Web site" means our Internet Web site, www.practicingclinicians.com

Our Information

Our Service includes articles, references, tools, continuing education, and advertising. All information available through the Service is meant for adults who are licensed healthcare professionals. While we hope you find the Service helpful, you should remember that it is not meant to serve as a substitute for your own clinical judgment as a healthcare professional. The Service is not intended as medical advice nor should it be used for diagnosis or treatment without consultation with a qualified healthcare professional. Consumers who choose to use the professional-level information available through the Service should not rely on that information as professional medical advice or use it to replace any relationship with a physician or other qualified healthcare professional. Never disregard professional medical advice or delay in seeking it because of something you have read through this Service. If you think you have a medical emergency, call your physician or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information mentioned on this Web site. Reliance on any information provided by or through the Service is solely at your own risk. We follow a standard set of editorial procedures for information that we make available through the Service. However, there are no warranties or guarantees related to our Service. As a user of this service, it is your job to evaluate the information and results from Service we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information made available or otherwise obtained through the Service with other sources before undertaking any treatment based on it.

The use of the Service is at your own risk and the Service and the content are provided on as "AS IS" basis. Some information made available through the Service may be provided by our users. We are not responsible for that information. Whether the information is provided by us, our licensors, or our users, we or our licensors are not liable for any damages resulting from your use of the information made available through the Service. Although we are selective about the organizations we link to, we don't assume any responsibility for any Web sites that are linked to or from our Service. While we welcome your feedback regarding the Service, we must make the final decisions about the content made available through the Service. If you are dissatisfied with our Service, you should stop using the Service.

The Web site may include health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Web site.

Proprietary Rights

You acknowledge and agree that the Service and information, content and software presented to you through the Service or used in connection with the Service contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent the Service of any information presented to you through the Service, in whole or in part.

You may look at our Service online, download individual articles, for later reading, and even print a copy of an article for yourself. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms and Conditions. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

Linking to Us

Usually, we don't mind if you include a simple link from your Web site to our Service. However, you must first ask our permission if you intend to frame our site or incorporate pieces of it into a different site or product in such a way that is not clear to our users that we are the source of the content. You are not allowed to link to us if you engage in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impact on our reputation.

Information that You Provide to Our Service

When you upload materials or information to areas of our Service that are publicly available, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information. For example, we have the right to display a comment that you post on one of our discussion boards for as long as we want. We will consider requests to remove information that you make publicly available through our Service on an individual basis (contact us at the email address we provide at the end of this document). For information and materials you upload to areas of our Service that are not publicly available, please see our Privacy Policy for an explanation of how we use that information and your rights to change or delete it. We provide the link to our privacy policy later in this document. We ask that you not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any content that we deem offensive or fraudulent at any time without your consent.

Software Products

We make some software and accompanying documentation available for downloading through our Service. These materials are the copyrighted work of Practicing Clinicians Exchange or companies that have licensed the software to us. We do not transfer any ownership rights in software or related documentation to you when you download it through our Service; rather, you are allowed to use the software and documentation under the terms of the license agreement. You must read this license agreement and indicate your agreement to those terms prior to downloading. You are not authorized to attempt to recreate or reverse engineer our software. In addition, some software available through our Service is subject to United States export controls. By downloading or using such software, you are representing to us that your download of such software complies with these controls.

Passwords

We offer to our users several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. You are responsible for all activities that occur under your password or account. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us of any need to deactivate a password. You grant us and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Service. Practicing Clinicians Exchange cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using our tools and Services.

Member Conduct when Using Community and Communication Services

If you use a Service, such as the PCE Forum (a "Community and Communication Service"), all communications, information, data, text, music, sound, graphics, messages and other material (the "Content") are your responsibility and you are responsible for all Content that you upload, post, transmit, email, or otherwise distribute via the PCE Forum. Practicing Clinicians Exchange and its licensors are not responsible for the consequences of the content posted via the Community and Communication Service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Community and Communication Service, you may be exposed to Content that is offensive or objectionable. In no event will Practicing Clinicians Exchange be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content uploaded, posted, transmitted, emailed or otherwise made available via the Community and Communication Service. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

When you use the Community and Communication Service, you agree not to:

  1. Violate local, state, national, or international laws;
  2. Post, upload, email, transmit or otherwise distribute any content that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Post, upload, email, transmit or otherwise distribute any content that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Practicing Clinicians Exchange in its sole discretion;
  4. Harm minors in any way;
  5. Post advertisements or solicitations of business;
  6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Community and Communication Service;
  7. Post, upload, email, transmit or otherwise distribute chain letters, pyramid schemes, unsolicited or unauthorized advertising or spam;
  8. Impersonate another person or business entity or stalk or otherwise harass another person;
  9. Post, upload, email, transmit or otherwise distribute viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware;
  10. Harvest or otherwise collect information about others, including email addresses, without their identification for posting or viewing comments;
  11. Allow any other person or entity to use your identification for posting or viewing comments;
  12. Interfere with or disrupt the Community and Communication Service or computers, networks or other hardware connected to the Community and Communication Service, or disregard any requirements or policies of networks connected to the Community and Communication Service;
  13. Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Community and Communication Service, or which, in the judgment of Practicing Clinicians Exchange, exposes Practicing Clinicians Exchange or any of its customers or suppliers to any liability or detriment of any type;
  14. Fail to respect other users' privacy. This includes revealing another user's password, phone number, address, instant messenger I.D. or address or any other personally identifiable information;
  15. Create member names, or post solicit or send messages, text or photographs that are sexually explicit, that denigrate, threaten, abuse or harm others in any way; or
  16. Upload, post, email or otherwise send any content that you are not authorized to send under any law or contractual relationship. This includes proprietary and confidential information learned as part of employment relationships or under nondisclosure agreements, and any other inside information.

Practicing Clinicians Exchange may (but is not obligated) do any or all of the following without notice:

  1. Record or pre-screen the dialogue in public chat rooms;
  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the content;
  3. Remove content which is abusive, objectionable, illegal, or disruptive, or that otherwise fails to conform with these Terms and Conditions;
  4. Terminate your access to any or all Community and Communication Services upon any breach of these Terms and Conditions; or
  5. Edit content.

You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge, consent and agree that Practicing Clinicians Exchange may investigate your use of the Community and Communication Service in order to determine whether a violation of the Terms and Conditions has occurred or to comply with any applicable law, regulation, governmental request or legal process.

You agree and acknowledge that the processing and transmission of the Community and Communication Service, including your Content, may involve transmissions over various networks and devices and necessary modifications as required for such transmissions.

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that the Service is intended for adults 18 years of age and older.

Laws that Govern this Agreement

Practicing Clinicians Exchange controls the Service from its offices within the state of Connecticut in the United States of America. The Service can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the Service may differ, by accessing the Service both you and Practicing Clinicians Exchange agree that the statutes and laws of the state of Connecticut, without regard to choice of laws principles, will apply to all matters relating to use of our Service. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Practicing Clinicians Exchange makes no representation that materials made available through the Service are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws. The Service is intended for United States health care professionals only.

The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, Member Conduct, Proprietary Rights, Indemnity, Laws that Govern this agreement and Consequences.

Acceptance Procedure

By accessing materials through our Service or registering you agree with all of these Terms and Conditions. We reserve the right, in our sole discretion; to change these Terms and Conditions from time to time, and your continuing use of our Service constitutes your acceptance of and agreement to any changed terms and conditions.

Privacy Policy

Because we are in the healthcare area, we pay special attention to privacy issues. The purpose of our privacy policy is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and describe your options for controlling your information. Please see further information in our Privacy Policy.

Consequences

We may take any legal action we think is appropriate. If your violation of these Terms and Conditions causes harm to others, you agree to hold Practicing Clinicians Exchange harmless against any liability for that harm. If there is any dispute between us concerning these Terms and Conditions or your use of our Services, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be Connecticut.

Termination and Modification

You agree that Practicing Clinicians Exchange may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Service (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to our Service with or without notice. Cause for termination shall include, but not be limited to, (a) breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. You agree that all terminations for cause shall be made in Practicing Clinicians Exchange's sole discretion and that Practicing Clinicians Exchange shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

Indemnity

You agree to defend, indemnify, and hold Practicing Clinicians Exchange, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Copyright and Notice and Take Down Procedure

You may download and reprint a single copy of the materials from the Service for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s). Without limiting the foregoing, the copying, redistribution, reposting, publication, adaptation or alteration of any part of this Web site in connection with any enterprise or plan for same is prohibited without prior written permission from us. The use of any the materials presented on this Web site and through the Service on any other Web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws.

It is not the intent of Practicing Clinicians Exchange to knowingly infringe others’ copyrights. If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access thereto) from our Service by contacting Practicing Clinicians Exchange and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

To contact Practicing Clinicians Exchange about copyright issues relating to this Web site, call
1-203-316-2100

In an effort to protect the rights of copyright owners, Practicing Clinicians Exchange maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular legal notice on the Web Site, these Terms and Conditions constitute the entire agreement between you and Practicing Clinicians Exchange with respect to use of the Service.

Questions or Concerns about Our Terms and Conditions

For questions or concerns about these Terms and Conditions, please send an email to info@practicingclinicians.com.

Please also read our Privacy Policy located on this Web site.

This policy was last updated May 31, 2009.

 

Disclaimer: The materials presented here do not necessarily reflect the views of Continuing Education Alliance, Practicing Clinicians Exchange, or companies that provide educational support for programming on practicingclinicians.com. These activities may include discussion of therapeutic products that have not been approved by the US Food and Drug Administration and off-label uses of approved products. Readers should verify all information and data before treating patients or implementing any therapies described in these educational activities. © 2017 Continuing Education Alliance and Practicing Clinicians Exchange. All Rights Reserved. Terms and Conditions.