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Physician Resources - Terms of Use Policy



Physician Resources, LLC

Terms of Use Policy

Revised March 31, 2011

 

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY; AUTHORIZED USE OF THE PHYSICIAN RESOURCES WEBSITE IS SUBJECT TO THIS POLICY.  BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE WEBSITE. 

Authorized Users who violate these Terms will have their access terminated without prior notice.  PHYSICIAN RESOURCES will not be liable to you or to any third party for any termination or cancellation of your access to, or use of, the website.

 

PHYSICIAN RESOURCES reserves the right to revise these Terms from time to time as it sees fit.  Authorized Users should check these Terms periodically.  By using the website after we post changes to these Terms, you agree to accept those changes, whether or not you actually reviewed them. 

 

I.                   Privacy Issues

 

PHYSICIAN RESOURCES is concerned about your privacy.  Please review our privacy policy which also governs your visit to the website to understand our privacy practices. 

 

II.                Cookies

 

“Cookies” are small encrypted data files (containing references to user ID information supplied by the user and stored on our secure server) that may write to your hard drive once you have accessed a website.  PHYSICIAN RESOURCES uses cookies to enhance your user experience.  To learn more about how we protect personal information, please review our Privacy Policy.

 

III.             Conduct of Users

 

When you visit the website or send e-mails to PHYSICIAN RESOURCES, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on the website.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the website satisfy any legal requirement that such communications be in writing. 

 

You agree that you will not:  (i) transmit via or through the website any information, data, text, files, links, software, chat, communication or other materials that is or which PHYSICIAN RESOURCES considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the website or in connection with your use of the website, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

 

IV.             Links

 

PHYSICIAN RESOURCES has no control over and is not responsible for the content of any unaffiliated websites that may be linked to or from the website.  Such websites accessed from the PHYSICIAN RESOURCES website are independent from PHYSICIAN RESOURCES; the links are provided for your convenience only and you access them at your own risk.   In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by PHYSICIAN RESOURCES of that third party or of any product or service provided by a third party.  Any concerns with respect to any other websites should be directed to that website’s administrator or webmaster.

 

V.                Copyrights, Trademarks & Restrictions

All content included on the website, including any and all compilations of content and software used on the website, is the property of PHYSICIAN RESOURCES, its affiliates, or its content suppliers, and is protected from unauthorized use or distribution including but not limited to copying, uploading, posting, or transmitting by the United States and international copyright law, trademark law, international conventions, and other intellectual property laws.  ALL RIGHTS RESERVED. 

 

All registered and unregistered trademarks, service marks, trade names, and logos not owned by PHYSICIAN RESOURCES or its affiliates that appear on the website are the property of their respective owners, who may or may not be affiliated with or connected to, or sponsored by PHYSICIAN RESOURCES or its affiliates.  Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works, or works protected under any other intellectual property law, displayed or contained in the website without the express, written consent of PHYSICIAN RESOURCES or its affiliates.

 

For purposes of these Terms of Use, the term “affiliates” means any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, PHYSICIAN RESOURCES, or any entity or person in which it, directly or indirectly, owns a controlling interest.

 

VI.             Access by and Authentication of Authorized Users

 

You shall be granted access to protected portions of the website pursuant to the following:

 

Passwords – You shall be identified and authenticated by the use of usernames and passwords assigned by PHYSICIAN RESOURCES.  PHYSICIAN RESOURCES shall be responsible for issuing and terminating passwords and verifying your status. 

 

You are solely responsible for maintaining the confidentiality of your password(s) and any other code (including user name) used to secure online access and information and you agree that PHYSICIAN RESOURCES will have no obligations with regard thereto.  If you share passwords or security codes (something PHYSICIAN RESOURCES does not recommend), you will be solely responsible for all actions that such persons might take with respect to the access.  If you believe your password or security code has been lost or stolen or someone has gained access to this information without permission, please contact PHYSICIAN RESOURCES immediately.

 

VII. Notice and Take Down Procedures

If you believe any materials (Licensed or otherwise) on the website infringe your copyright or trademark rights, you may request such materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act.  To follow those procedures, contact us and provide the following information: 

  • A clear statement identifying the works, or other materials believed to be infringed.
  • A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
  • Sufficient information about the location of the allegedly infringing materials so that PHYSICIAN RESOURCES can find and verify its existence.
  • Your name, telephone number and e–mail address.
  • A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

PHYSICIAN RESOURCES agent for notice of copyright issues on the website can be reached as follows:

PHYSICIAN RESOURCES, LLC

201 Claremont Alocation

Montclair, NJ 07042

Attn: Legal Department
(ref:  Copyright Infringement)

 

VIII.  Indemnity

By using the website, you agree to indemnify PHYSICIAN RESOURCES for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys’ fees) arising out of or relating to your breach or alleged breach of these Terms (including without limitation, claims made by third parties for infringement of intellectual property rights).  You agree to cooperate as fully as reasonably required in the defense of any claim.  PHYSICIAN RESOURCES reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 

 

            IX.  Disclaimer, Limitation of Liability

 

THIS WEBSITE IS PROVIDED BY PHYSICIAN RESOURCES ON AN “AS IS” AND “AS AVAILABLE” BASIS.  PHYSICIAN RESOURCES MAKES NO CONDITIONS, REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE (1) OPERATION OF THE WEBSITE, (2) QUALITY, ACCURACY, TIMELINESS, OR VALIDITY OF INFORMATION OR MATERIALS (LICENSED OR OTHERWISE) OR ANY PART THEREOF, (3) WHETHER THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  YOU AGREE THAT USE OF THE WEBSITE AS AT YOUR SOLE RISK.

 

This website may contain facts, views, opinions, statements and recommendations of third party individuals and organizations.  PHYSICIAN RESOURCES does not represent or endorse the accuracy, timeliness, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the website.  You acknowledge that any reliance on such opinion, advice, statement or information will be at your sole risk.


PHYSICIAN RESOURCES IS NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE TOTAL LIABILITY OF PHYSICIAN RESOURCES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

If any of the terms and conditions provided herein is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition.

 

X.  Termination


PHYSICIAN RESOURCES may, in its sole discretion, terminate or suspend your access to all or part of the website, for any reason, including without limitation, breach of these Terms.  In the event your use is terminated, the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination.  In the event that you are unsatisfied with the services provided by PHYSICIAN RESOURCES, your sole remedy is to terminate your use of the website.

             XI.  Jurisdiction

PHYSICIAN RESOURCES operates the website from its offices within the United States.  PHYSICIAN RESOURCES makes no representations that content and materials (Licensed or otherwise) on the website are legal or appropriate for use from outside the United States.  If you choose to access the website from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.  You may not use the website in violation of U.S.  export laws and regulations. 

 

These Terms will be governed by and construed in accordance with the laws of the New Jersey, as it is applied to agreements entered into and performed therein.  Any action brought to enforce these Terms or matters related to the website will be brought in either the State or Federal Courts of New Jersey; provided, however, that notwithstanding anything contained in these Terms to the contrary, PHYSICIAN RESOURCES shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce PHYSICIAN RESOURCES’ rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief.  Any claim or cause of action you have with respect to use of the website must be commenced within one (1) year after the claim arises.  If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force.  These Terms constitute the entire agreement between you and PHYSICIAN RESOURCES concerning your use of the website.

           XII.  Comments, Complaints, and Questions

We welcome your feedback about the website.  However, any comments, ideas, notes, messages, suggestions or other communications sent to the website shall be and remain the exclusive property of PHYSICIAN RESOURCES, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.  Should you have any questions or complaints regarding violations of these Terms, please contact us.