TERMS AND CONDITIONS OF USE AGREEMENT
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Welcome to ProTeamPhysician.com. This agreement ("Agreement") is between Professional Team Physicians, Inc.
("PTP", "we" or "ours") and you and your agents ("you" or "your") for the use of this web site (the "Site"). This Agreement
includes any guidelines or rules posted and updated on the Site by PTP from time to time. By using the Site, you agree to
this Agreement. You can review the most current version of this Agreement at any time at [http://www.proteamphysicians.com/physician/general.terms.asp].
If you are a PTP Member, this Agreement is made part of and incorporated into your Member Services Agreement.
Ownership of Site and Restrictions on Use of Content.
This site does not provide medical advice
If You are a Physician or Other Registered Healthcare Provider.
Liability of PTP and its licensors.
Your Conduct On The Site.
Online Purchase of Products.
Advertisements and Links to Other Sites.
Intellectual Property Policy.
1. Ownership of Site and Restrictions on Use of Content.
The Site is owned
by PTP. You acknowledge that the Site may contain information, communications, software, photos, text, video, graphics, music,
sounds, images and other material and services (collectively "Content"), which is generally provided by PTP or by licensors of PTP.
You agree and acknowledge that, notwithstanding that PTP permits access to the Content, the Content or its use or the use of this
Site is protected by patents, copyrights, trademarks, and other proprietary rights (including intellectual property rights),
that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided
in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other
intellectual property laws. Modification or use of the Site and/or the Content for any commercial purpose is a violation of patent,
copyright and other proprietary rights owned by PTP and third parties. In addition to PTP's and its licensors' rights in individual
elements of the Content, PTP owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute,
perform, display, incorporate into another website, or in any other way exploit the Site and/or any of the Content, in whole or in
2. The Site Does Not Provide Medical Advice.
The Content provided on the Site
is for educational and informational purposes only. You understand and acknowledge that PTP assumes no responsibility to screen or
review Content and/or User Content (as defined below) that is originated by parties other than PTP, and that PTP shall have the
right, but not the obligation, in its sole discretion to review, refuse, monitor, edit or remove any Content and/or User Content
that is available on the Site. PTP expressly disclaims all responsibility or liability to you or any other person or entity for
the performance or nonperformance of such Content and/or User Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK
ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT AND/OR USER CONTENT.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE CONTENT PROVIDED ON THE SITE IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.
IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE, ADVICE, DIAGNOSIS OR TREATMENT AND YOU ARE SOLELY RESPONSIBLE FOR YOUR
DECISIONS REGARDING THE USE OF THE CONTENT. PTP RECOMMENDS THAT ALL USERS CONSULT THEIR PHYSICIAN OR QUALIFIED HEALTHCARE PROVIDER
REGARDING ANY SYMPTOMS OR CONDITIONS THEY ARE EXPERIENCING OR ANY QUESTIONS THEY MAY HAVE REGARDING A MEDICAL CONDITION OR POTENTIAL
MEDICAL CONDITION. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. PTP does not recommend or endorse any specific
tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on the Content, User Content
or any information provided on the Site, is solely at your own risk.
3. If You are a Physician or Other Registered Healthcare Provider.
acknowledge and agree that the Site is no substitution for your exercise of professional medical judgement. You further
acknowledge and agree that, as between you and PTP, you are solely responsible for inputting data to and retrieving data from
the Site and for the accuracy and adequacy of any information furnished by you for use in conjunction with the Site. As between
you and PTP, you have full responsibility for the care and well-being of patients and any reliance on the Site shall not diminish
that responsibility. You shall establish such procedures as you deem appropriate in your professional judgment to verify the
accuracy of any content or data provided by PTP. You acknowledge and agree that PTP is not providing healthcare services or is
engaged in the practice of medicine and shall not be liable to any party for any act or failure to act relating thereto.
In order to obtain access to the non-public portions of the Site, you must enter into a Member Services Agreement with PTP.
Upon PTP's acceptance of your Member Services Agreement, you will receive a password. You agree that you will be responsible
for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another
person or entity to use your password. You agree to immediately notify us in the event that (i) your password is lost or stolen,
or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect the Site.
PTP is not responsible for any loss or damage arising from your failure to comply with the provisions of this Section.
You acknowledge and agree that PTP may terminate your password and/or other access privileges and remove and discard any Content
without notice to you for any reason, including without limitation, if PTP believes that you have violated any provision of
this Agreement or your Member Services Agreement. You agree that any termination of your access to the Site shall not result
in any liability or other obligation of PTP to you or any third party in connection with such termination.
4. Liability of PTP and its licensors.
The use of the Site and the
Content is at your own risk. When using the Site, information is transmitted over a medium that is beyond the control and
jurisdiction of PTP and its suppliers. Accordingly, PTP assumes no liability for or relating to the delay, failure,
interruption or corruption of any data or other information transmitted in connection with use of the PTP Site.
The PTP Site and the Content are provided on an "as is" basis. PTP, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. PTP MAKES NO WARRANTY
THAT THE SITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT,
ACCURATE, COMPLETE OR ERROR-FREE, VIRUS-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE AND/OR ANY CONTENT
THEREIN WILL BE ACCURATE OR RELIABLE.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE
SITE AND/OR CONTENT IS TO CEASE USING THE SITE AND/OR CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PTP SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF PTP HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES) RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE, (II) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS
AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR
TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (III) ANY LINK PROVIDED IN CONNECTION WITH THE SITE, OR (IV) ANY MATTER
OTHERWISE RELATED TO YOUR USE OF THE SITE.
5. Your Conduct On The Site.
In the event that PTP permits you to upload,
post, e-mail or otherwise transmit content, data, information or other materials (collectively, "User Content") for display on
the Site otherwise, you will be responsible for all such User Content that you upload, post, email or otherwise transmit using
the Site. Likewise, you are responsible for complying with all third party rights with respect to all such User Content that
appears on the Site and not to download, email or otherwise transmit such User Content in violation of such third party's rights.
By submitting User Content to PTP, you automatically grant, or warrant that the owner of such Content has expressly granted,
the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights
that may exist in such User Content.
You are expressly prohibited from placing any message in any User Content or any product, good or service or otherwise
transmitting through or posting on the Site (including in any e-mail message or any chat board posting) any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial,
ethnic or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct
that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state,
national or international law (collectively, "Prohibited Conduct"). Prohibited Conduct expressly includes any transmission
to people or other entities on mailing lists that you do not have full rights to use. You agree and acknowledge that PTP
is not responsible or liable to you or any other party or user of the Site for any Prohibited Conduct by you or any other
party or user of the Site.
You may not collect or store personal data of other users of the Site without the prior, written permission of such user(s).
You may not, directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may adversely affect PTP
or any user of the Site.
You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or
programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or
telecommunications equipment or facilities.
By your use of the Site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose
all data that you use in any way with the Site. You further represent and warrant that your and your employees and agents use
of the Site and of any data input into or generated by the Site shall comply with all applicable laws, regulations and ordinances.
You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by
any such violations or lack of rights.
6. Online Purchase of Products.
Users of this site agree not to seek reimbursement from health care insurers, such as Medicare or Medicaid or private insurers,
after purchasing products through ProTeamPhysicians.com.
7. User Feedback.
If you contact PTP with information including, without
limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding the Site, the content of the Site or
any item on the Site (collectively, "User Feedback"), the User Feedback shall be deemed to be non-confidential and PTP shall
have no obligation of any kind with respect to the User Feedback. In addition, you agree and acknowledge that PTP shall be
free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the User Feedback
to others without limitation, and to authorize others to do the same. Further, PTP shall be free to use any ideas, concepts,
know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing,
manufacturing and marketing products and other items incorporating the User Feedback. PTP shall not be liable or owe any
compensation for the use or disclosure of the User Feedback.
9. Advertisements and Links to Other Sites.
The Site may provide, or
third parties may provide, links to other web sites, solely for the convenience of users. PTP expressly disclaims any
responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of the content provided
by any linked site. PTP does not endorse or make any warranties or representations about any website that may be accessed
through a link from the Site. You agree and acknowledge that you (and not PTP) assume all risk for your dealings or
transactions of any nature, including without limitation, the purchase of any products or services from, or the reliance
upon any information or materials contained in, such linked sites. You acknowledge and agree that such links are provided
for your convenience and do not reflect any endorsement by PTP with respect to the provider of such linked site or the quality,
reliability or any other characteristic or feature of such linked site and PTP is not responsible in any manner (including
without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site,
including without limitation, the content provided on or through any such linked site or your reliance thereon. Your
use of third-party web sites is at your own risk and subject to the privacy policies and terms and conditions of use
of such sites. PTP does not endorse or recommend any product or service advertised on the Site.
You agree to defend, indemnify and hold PTP, 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: (a) your use of the Site and/or Content and/or User Content; and/or (b) your violation of any provision of
11. No Exports.
PTP makes no representation that materials or
information in this Site, or the products and services available on the Site, are appropriate or available for use outside
the United States. Those who choose to access the Site from outside the United States do so on their own initiative and
are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Site
is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported
or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other
country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the
software, you represent and warrant that you are not located in, under the control of, or a national or resident of
any such country or on any such list.
12. Intellectual Property Policy.
PTP reserves the right to terminate this Agreement
in appropriate circumstances if you infringe upon the intellectual property rights of any third party. Pursuant
to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), PTP's designated agent for notice of
alleged copyright infringement in connection with the Site is:
Ms. Marli Hayes
Professional Team Physicians, Inc.
200 First Stamford Place
Stamford, CT 06902
To file a notice of infringement with PTP, the requirements specified in Title II of the Digital Millennium Copyright
Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at
13. Trademark Information.
PTP and/or other associated marks are
owned by PTP and/or its licensors. You agree not to use or display trademarks without the prior written consent of PTP or
the owner of such mark.
You understand and agree that PTP may from
time to time establish and revise practices and limitations concerning the Site and your use of the Site. You agree that
PTP shall have no liability for the deletion or failure to store any messages and other communications or other Content
or User Content maintained on the Site or transmitted using the Site. This Agreement constitutes the entire agreement
between you and PTP and governs your use of the Site. You also may be subject to additional terms and conditions that
may apply when you use third party content or Site available through the Site. If any provision of this Agreement is
found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and PTP
and any of its affiliates, employees, contractors, officers, or directors agree that this Agreement and the relationship
between you and PTP will be governed by the laws of the State of Connecticut, without respect to its conflict of laws
provisions and that venue with respect to any dispute between you and PTP will rest exclusively in the state and federal
courts located in the State of Connecticut. The failure of PTP to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to the Site or this Agreement must be filed
within one year after such claim or cause of action arose. PTP may provide notice to you by email or regular mail.
The Site may also provide notice of changes to this Agreement at any time and from time to time by displaying notices
to you on pages of the Site. The section titles of this Agreement are merely for convenience and will not have any
effect on the substantive meaning of this Agreement.
Thank you for your cooperation. We hope you find the Site helpful and convenient to use.
Questions or comments regarding this Site should be directed by electronic mail to webmaster@ProTeamPhysician.com, or
via postal mail to
200 First Stamford Place, Stamford, CT 06904
Copyright 2000 ProTeamPhysicians, Inc. All Rights Reserved.
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