Practicing Clinicians Exchange Terms and Conditions

Welcome to Practicing Clinicians Exchange. Please read this agreement carefully before using the Service (as defined below). By using the Service, you agree to the following Terms and Conditions. These Terms and Conditions 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 the 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, and communication tools. (the "Service"). The Service is owned and operated by Continuing Education Alliance. The Service is for healthcare professionals only. When we refer to ourselves as "we,” “us,” "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 "website" means our Internet website, www.practicingclinicians.com.

Our Information
The Service includes articles, references, tools, continuing education, and advertising. All information available through the Service is meant for 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, heard, or watched through the 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 in the Service. 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 the 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 an "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 do not assume any responsibility for any Web sites that are linked to or from the Service. While we welcome your feedback regarding the Service, we make the final decisions about the content made available through the Service. If you are dissatisfied with the Service, you should stop using the Service.

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

Proprietary Rights
You acknowledge and agree that the Service and the 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 US 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 or any information presented to you through the Service, in whole or in part.

You may view the Service online, and you may download individual activity PDFs and print our content for personal use. 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
Except as described below, you may freely link to the Service through social media or another website. However, you must first obtain our express written permission if you intend to frame our website or incorporate any portion of the Service 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 impacts on our reputation.

Information That You Provide to The Service
You give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform, and publicly display any materials you upload or information you submit to areas of the Service that are publicly available. We will consider requests to remove information that you make publicly available through the 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 the 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 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 the 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 the 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 the 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 several tools that allow you to record and store information within the Service. 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 change 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 the Service
You are responsible for all communications, information, data, text, music, sound, graphics, messages, and other material ("Content") that you upload, post, transmit, email, or otherwise distribute via the Service. Practicing Clinicians Exchange and its licensors are not responsible for the consequences of the Content posted via the Service and, as such, do not guarantee the accuracy, integrity, or quality of such content. You understand that by using the 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 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, seek professional help immediately.

When you use the 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 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
  11. Interfere with or disrupt the Service or computers, networks or other hardware connected to the Service, or disregard any requirements or policies of networks connected to the Service;
  12. Engage in any other conduct that restricts or inhibits any other person from using or enjoying the 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;
  13. Fail to respect other users' privacy. This includes revealing another user's password, phone number, address, or any other personally identifiable information;
  14. Create member names or post, solicit, or send messages, text, or photographs that are sexually explicit or that denigrate, threaten, abuse, or harm others in any way; or
  15. Upload, post, email, or otherwise transmit 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. Investigate any allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the content;
  2. Remove content that is abusive, objectionable, illegal, or disruptive, or that otherwise fails to conform with these Terms and Conditions;
  3. Terminate your access to the Service upon any breach of these Terms and Conditions; or
  4. 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 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 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 law principles, will apply to all matters relating to use of the 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 healthcare 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 the 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 at any time, and your continuing use of the 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 the 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 the 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, 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 Takedown 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 website 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 the 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 (eg, 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 e-mail address.
  4. A statement that you have a good faith belief that the use of the materials in question 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, and
  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 website, 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 website, 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 email info@practicingclinicians.com.

Please also read our Privacy Policy.
This policy was last updated January 21, 2018.

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