Read This Terms of Use Agreement Before Accessing Website.
 
Effective Date: This Terms of Use Agreement was last updated on November 30, 2012
 
Thank you for visiting the www.penncmebestpractice.org Website.  It is our hope that the PennCME/BestPractice Website will provide you, your staff, and your patients with educational information, activities, and tools that help enhance your understanding of relevant issues in medical care, improve your competency in important clinical areas, and improve your practice of medicine and the health outcomes of your patients.
 
This Terms of Use Agreement sets forth the standards of use of the PennCME/BestPractice Website. By accessing and using the www.penncmebestpractice.org Website you (the “Member”) agree to and accept these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all use of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the www.penncmebestpractice.org Website. Your continued access and use of the www.penncmebestpractice.org Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
 
1.     Description of Service.
 
The Perelman School of Medicine at the University of Pennsylvania, Office of Continuing Medical Education (collectively “the Parties”) provide Members through the www.penncmebestpractice.org Website with access to continuing medical education activities and other information, tools and materials related to practice improvement and professional development (“Information”). This Information is provided to you solely for your personal use. You may not access or use this Information for commercial, competitive, or any other purposes. You may not modify, republish, post, transmit or distribute any Information without the express written consent of the Parties. You may copy this information only to the extent necessary for your personal use. The Parties expressly retain all worldwide right, title and interest in and to any proprietary Information. Failure to adhere to these provisions could subject you to serious penalties under federal copyright law. Member must (1) provide all equipment necessary for their own Internet connection, including computer and modem, and (2) provide for Member’s access to the Internet, and (3) pay any fees relating to such connection, and (4) be solely responsible for maintaining the confidentiality of any user name and password Member uses to access the www.penncmebestpractice.org. You are fully responsible for all activities that occur under your password and/or account. You agree to (i) immediately notify the Parties of any unauthorized use of said Member password and/or account or any other breach of security, and (ii) ensure that you log-off from your account at the end of each session.
 
2.     Disclaimer of Warranties.
 
While the faculty, editorial board, and personnel of the Parties make great efforts to provide you with useful educational and professional development materials, activities, and tools, the site is provided by the Parties on an “AS IS” and an “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, the Parties make no representations or warranties of any kind, express or implied, regarding the use or the results of this Website site in terms of its correctness, accuracy, reliability, or otherwise. The Parties shall have no liability for any interruptions in the use of this Website. The Parties DISCLAIM ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The Parties do not endorse or make any warranties or representations regarding any Websites, which may be accessed through this Website. Some jurisdictions do not allow the exclusion of implied warranties therefore the above-referenced exclusion is inapplicable.
 
3.     Limitation of Liability.
 
THE PERELMAN SCHOOL OF MEDICINE AT THE UNIVERSITY OF PENNSYLVANIA OFFICE OF CONTINUING MEDICAL EDUCATION WILL NOT be liable for any damages whatsoever, and in particular THE PERELMAN SCHOOL OF MEDICINE AT THE UNIVERSITY OF PENNSYLVANIA OFFICE OF CONTINUING MEDICAL EDUCATION will not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if THE PERELMAN SCHOOL OF MEDICINE AT THE UNIVERSITY OF PENNSYLVANIA OFFICE OF CONTINUING MEDICAL EDUCATION has been advised of the possibility of such damages. THE PERELMAN SCHOOL OF MEDICINE AT THE UNIVERSITY OF PENNSYLVANIA OFFICE OF CONTINUING MEDICAL EDUCATION ASSUMES NO LIABILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES FROM, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS are INAPPLICABLE.
 
4.     Indemnification.
 
Member agrees to indemnify and hold the Parties, their parents, subsidiaries, affiliates, partners, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
 
5.     Modifications and Interruption to Service.
 
The Parties reserve the right to modify or discontinue the Service with or without notice to the Member. The Parties shall not be liable to Member or any third party should the Parties exercise their right to modify or discontinue the Service. Member acknowledges and accepts that the Parties do not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
 
6.     Third-Party Sites.
 
Our Website may include links to other sites on the Internet that are owned and operated by other third parties. These Websites are independent from the www.penncmebestpractice.org Website, and the Parties may have no control or responsibility for the information provided or activities undertaken by any such Website. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. Please be mindful of this as you link to other Websites. We encourage all Members to review said privacy policies of third-parties’ sites.
 
In general, the Parties do not object to links to the www.penncmebestpractice.org Website from third-party Websites. However, any links from third-party Websites must adhere to the following guidelines: (1) you may only link to this site using the plain text name of the site and you may not use any of the Perelman School of Medicine at the University of Pennsylvania Office of Continuing Medical Education's other trademarks, logos or slogans in or with your links, unless expressly agreed to in writing by an authorized officer of the Perelman School of Medicine at the University of Pennsylvania Office of Continuing Medical Education, and (2) you may not present the link to this site in any manner that suggests the Perelman School of Medicine at the University of Pennsylvania Office of Continuing Medical Education has any relationship or affiliation with your Website or endorses, sponsors or recommends the information, products, services, or content on your Website unless an authorized officer of the Parties expressly agree to your doing so in writing.
 
The Parties will not tolerate links from any obscene, scandalous, profane, defamatory, or unlawful Website, or any Website that may adversely affect the name, reputation and goodwill of the Perelman School of Medicine at the University of Pennsylvania Office of Continuing Medical Education and / or its products / services. The Parties reserve the right to cancel permission to link at any time for any reason.
 
7.     Governing Jurisdiction of the Courts in Pennsylvania.
 
The www.penncmebestpractice.org Website is designed for adult users from the United States.  Users, including those from foreign countries, are advised not to disclose personal information to the Parties through the www.penncmebestpractice.org Website unless they consent to having their information used as set forth in this Website’s privacy policy. Our Website is operated and provided in the Commonwealth of Pennsylvania. As such, we are subject to the laws of the Commonwealth of Pennsylvania and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Commonwealth of Pennsylvania. 
 
8.     Compliance with Laws.
 
You assume all knowledge of applicable law and is responsible for compliance with any such laws. Members may not use the www.penncmebestpractice.org Website and/or the Information in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
 
9.     Copyrights, Trademarks, and Related Issues
 
This Website belongs to the Parties. You may only download material from this site, which is identified as specifically available for downloading. Any use of such material is intended for personal, non-commercial use only.
 
Any non-personal information, communications or materials you submit to the Parties on this Website, by email or otherwise, are deemed non-confidential, and the Parties are free to use and reproduce such information freely, and for any purpose. Specifically, the Parties are free to use any ideas or concepts contained in any such communication for any purpose whatsoever, including developing, promoting, or discussing this Website. Any such use is without compensation to the party submitting information. By submitting information, you also warrant that you own the material or content submitted, that it is not defamatory, and that the Perelman School of Medicine at the University of Pennsylvania Office of Continuing Medical Education's use of the submitted information will not violate any third-party’s copyrights, trademarks, or other rights therein. The Parties are under no obligation to consider and/or use any information submitted through this Website.
 
All content included or available on this site, including text, graphics, interfaces, and the selection and arrangements thereof is Copyrighted ©2010 Perelman School of Medicine at the University of Pennsylvania Office of Continuing Medical Education and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Perelman School of Medicine at the University of Pennsylvania Office of Continuing Medical Education is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of the Perelman School of Medicine at the University of Pennsylvania Office of Continuing Medical Education.
 
Nothing contained on this site should be construed as granting any license or right to use any of the Perelman School of Medicine Office of Continuing Medical Education's names, logos, images, trademarks, service marks, copyrights, brand identities, characters or graphics displayed on this site. The Parties will aggressively enforce their respective intellectual property rights to the fullest extent of the law, including criminal prosecution, for any violation of the above.
 
All other trademarks displayed on the PennCME/BestPractice Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those owners. In addition, such use of trademarks or links to third-party Websites is not intended to imply, directly or indirectly, that those third-party Websites endorse or have any affiliation with the Perelman School of Medicine at the University of Pennsylvania Office of Continuing Medical Education.
 
10. Notification of Claimed Copyright Infringement
 
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the Perelman School of Medicine at the University of Pennsylvania Office of Continuing Medical Education designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
 
By Mail:
 
Mila Kostic
Perelman School of Medicine at the University of Pennsylvania
Office of Continuing Medical Education
423 Guardian Drive
333 Blockley Hall
Philadelphia, PA 19104
By Telephone: 215-898-8872
By Email: mkostic@exchange.upenn.edu
 
11. Botnets.
 
The Parties retain the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, the Parties reserve the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
 
12. Other Terms.
 
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by the Parties, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. 
 

 

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