Welcome to the User Agreement ("Agreement") for ptophelp.org, an on-line service provided by the Southern Vermont Area Health Education Center, Inc., and by the Champlain Valley Area Health Education Center, both Vermont non-profit corporations. The Area Health Education Centers are referred to in this Agreement as "we," "us" or "our." You are referred to in this Agreement as "you" or "your."
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE MAKING ANY USE OF OR SUPPLYING ANY INFORMATION TO THE PTOPHELP.ORG WEBSITE (THE "PTOPHELP SITE"), OR USING ANY MATERIALS MADE AVAILABLE TO YOU AT PTOPHELP.ORG. BY USING THE PTOPHELP.ORG WEBSITE, OR USING ANY MATERIALS MADE AVAILABLE TO YOU AT PTOPHELP.ORG YOU ARE HEREBY AGREEING TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH THEM, THEN IMMEDIATELY CEASE ALL USE OF THE PTOPHELP SITE AND ANY PTOPHELP MATERALS, AND RETURN ALL PTOPHELP MATERIALS TO US. We reserve the right, at our discretion, to change these terms at any time. Any such changes will be effective thirty (30) days after they are first posted to the PTOPHELP Site. Please check these terms for changes. Your continued use of the PTOPHELP Site following the posting of changes to these terms means you will accept those changes.
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Access to Services. Provided you are in compliance with the terms and conditions of this Agreement, and subject to any other requirements identified on the PTOPHELP Site, you are entitled to use the services then available at the PTOPHELP Site (the "Services"). We reserve the right to change, modify, add or remove Services from time to time. We will endeavor to provide notice to you of any such change on the PTOPHELP Site.
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Rights in Web Site Materials and Software. You acknowledge and agree that all information and materials contained in the PTOPHELP Site, including, without limitation, the software that runs our search engine and generates results, is our exclusive property (the "PTOPHELP Content"). Except as permitted in this Section 2 below, no PTOPHELP Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may use PTOPHELP Content, and you may download and print out reports generated on the PTOPHELP Site, for personal use in connection with your use of the Services. If you are a health care practitioner, you may make this same use of PTOPHELP Content and reports on behalf of your patients. In all circumstances, however, you agree to: (i) keep intact all copyright and other proprietary notices, (ii) you make no modifications to the PTOPHELP Content, and (iii) not download quantities of PTOPHELP Content to a database server, or other computer that can be used to avoid future use of and/or downloads from the PTOPHELP Site.
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Restrictions on Use of Services. Your use of the Services, and your activities on the PTOPHELP Site, shall not (a) be false, inaccurate, misleading or fraudulent; (b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, antidiscrimination or false advertising); (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) be obscene or contain child pornography; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
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Breach. Without limiting other remedies, we may immediately remove any information that you have posted to the PTOPHELP Site, indefinitely suspend or terminate the Services (including suspension or termination of your status as a member, if you are one), refuse to provide further Services to you and/or terminate this Agreement if: (a) you breach this Agreement; or (b) we believe that your actions undermine the purposes of the PTOPHELP Site, or may cause financial loss or legal liability for you, our other members, other users of the PTOPHELP Site, or us.
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The PTOPHELP Site Does Not Provide Medical Advice. The PTOPHELP Content and the Services are provided solely for informational purposes. The PTOPHELP Content and the Services are not intended as a substitute for professional advice from a health care practitioner, recommendations and referrals from a health care practitioner, or professional judgment. We have not assessed any of the health care practitioners identified on the PTOPHELP Site. We do not recommend or endorse any specific health care practitioners, procedures, opinions or other information that may be included on the PTOPHELP Site. We have not confirmed the accuracy of any information available on the PTOPHELP Site that was provided to us by health care practitioners and their colleagues. Use of and reliance on the PTOPHELP Site and the PTOPHELP Content is solely at your own risk.
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Exclusion of Warranties. The PTOPHELP Site and the PTOPHELP Content are provided on an "AS IS" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, we make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the PTOP Content, links, or communications provided on or through the use of the PTOPHELP Site.
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Liability Limit. IN NO EVENT SHALL WE OR ANY THIRD PARTIES MENTIONED ON THE PTOPHELP SITE BE LIABLE FOR LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PERSONAL INJURY/WRONGFUL DEATH, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PTOPHELP SITE, OUR SERVICES, THE PTOPHELP CONTENT, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU NOT TO EXCEED $500. WE ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE PTOPHELP SITE, OR BY SERVICES PROVIDED TO YOU BY HEALTH CARE PRACTITIONERS IDENTIFIED ON THE PTOPHELP SITE. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
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Indemnity. You agree to indemnify and hold us, our affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
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Service Limitations; Loss of Your Data. You understand and agree that we do not offer or guarantee continuous, uninterrupted or secure access to the Services, and operation of the PTOPHELP Site may be interfered with for numerous reasons, including factors outside of our control. You further agree that we will not be responsible for any loss of any information that you may have posted to the PTOPHELP Site.
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Termination. We have the right to terminate this Agreement for any reason upon notice to you. Upon termination, we shall cease providing Services to you. You shall have no further access to the PTOPHELP Site, you shall make no further use of any PTOPHELP Content, and at our request, you will return to us any materials that we have made available to you at the PTOPHELP Site. Upon termination, we have the right to delete any information that you may have posted to the PTOPHELP Site that may be stored by us. Notwithstanding the termination of this Agreement, Sections 2, 5, 6, 7, 8, 9, 10, and 11 shall survive and shall remain in full force and effect.
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Miscellaneous. This Agreement: (i) shall be governed by and construed in accordance with the substantive laws of the State of Vermont, without regards to its conflicts of laws principles, and any dispute arising under or related to this Agreement shall be brought solely and exclusively in a state or federal court located within Vermont, and the parties consent to the exclusive jurisdiction of such court; (ii) constitutes the entire agreement of the parties with respect to the subject matter hereof, superseding all prior oral and written communications, proposals, negotiations, representations, understandings, courses of dealing, agreement, contracts and the like between the parties with respect thereto; (iii) may be amended, modified, or terminated, and any right under this Agreement may be waived in whole or in part, only by a writing signed by each of the parties; and (iv) contains headings only for convenience, which headings do not form part, and shall not be used in construction, of this Agreement.
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