TERMS AND CONDITIONS OF USE OF PER FORUM


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (THE "TERMS") CAREFULLY BEFORE USING THE PER FORUM AND OTHER WEBSITES RELATED TO THE PER FORUM, INCLUDING ANY SUBDOMAINS THEREOF, OR ANY RELATED SMARTPHONE OR MOBILE APPLICATIONS, ALL CONTENT, SUCH AS TEXT, INFORMATION, IMAGES, AND/OR FORUMS (THE "SITE") OPERATED BY PHYSICIANS' EDUCATION RESOURCE, LLC ("PER"). THE TERMS GOVERN YOUR USE OF THE SITE AND ARE BINDING BETWEEN YOU AND PER.

1. Acceptance of Terms and Subsequent Amendments
Your use of the Site constitutes your full legal acceptance of the Terms, to the same extent as if you had physically signed an agreement with PER. By using the Site, you also agree to the Privacy Policy. IF YOU DO NOT AGREE TO THE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE. You agree that PER may change these terms from time to time, without advance notice. You will always be able to view the most current version by clicking on the link at the bottom of the Site. Use of the Site after such posting of any modifications or additions shall constitute your acceptance of the new Terms as indicated above. We therefore suggest that you review the Terms periodically for any changes or modifications.

2. Electronic Communications
When you visit the Site or send e-mails to PER, you are communicating with PER electronically. You consent to receive communications from PER electronically and that such communications are equivalent to those in writing. PER may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that PER provides to you electronically satisfy any legal requirement that such communications be in writing.

3. Your Account
This Site is intended for licensed physician in the United States, who are at least 18 years of age, and a resident in the 50 states of the United States. Access to this Site is granted to those physicians who have been invited by PER through their participation in conferences hosted by PER. Invited physicians may access the Site by logging into PER FORUM with their existing PER login. By accessing your account you represent and warrant the accuracy of the information you have provided to PER which may include your name, age, or medical license number. If requested, you agree to provide PER with information that may be needed to verify that you are a physician and you authorize PER to validate your credentials. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PER reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

4. Limited Authorization to Use Protected Material
The Site contains or references trademarks, copyrights, patents, trade secrets, logos or other proprietary rights of PER ("Intellectual Property"). The Information and Intellectual Property on the Site are the exclusive property of PER. PER also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangements of the Site's content. Except as otherwise expressly stated herein, you are not granted any license to use, or right in, any Intellectual Property on the Site. Non-compliance relating to displaying, downloading and reproduction of the Information, and the use of the Intellectual Property displayed or otherwise made available on the Site, constitutes a material breach of the Terms and immediate forfeiture of the above limited authorization. You may not remove any copyright notices, trademark, service mark or other proprietary rights notices from the materials. PER reserve all of its other rights not granted in these Terms of Use. You agree not to access the Site by any means other than through the interface that is provided by PER.

Images of people or places displayed on the Site are either the property of, or used with permission by, PER. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Terms or by specific permission provided elsewhere on the Site or in a separate writing signed by an authorized officer of PER. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and potentially other statutes and regulations. Descriptions of, or references to, products, services, or publications within the Site does not imply endorsement of that product, service, or publication. PER makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information. The Site could include technical inaccuracies or typographical errors.

The Site may also contain or reference the intellectual property of third parties. No license or permission is granted herein with respect to any of this information.

5. Participation in the Site
PER reserves the right to treat any and all materials you provide to PER in connection with the Site as non-proprietary and not confidential. For any and all materials you post or otherwise provide to PER in connection with the Site, you grant PER an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and otherwise exploit such materials in any and all media or distribution formats, methods, and channels (now known or later developed). You expressly agree that you waive all moral rights in connection with the information posted or shared on the Site. You acknowledge and agree that PER may sublicense these rights.

When you use or participate on the Site, you are responsible for the accuracy of the information you provide. You represent and warrant that any and all information you post to the Site complies with all ethical and licensure requirements, laws, rules, and regulations, including but not limited to Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Further, you acknowledge that you have obligations in regards to patient information and agree that you will comply will any and all laws that exist now or hereafter in regards to any use, transmission, processing, receipt, disclosure, and storage of such patient information. If applicable, you represent that you have obtained and maintained all patient consents and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the patient information you use in connection with this Site. PER is not responsible for any misuse of patient information that is transmitted, stored, or used in any manner in connection with the Site.

You shall not post or transmit to the Site any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

6. Monitoring the Site
PER has no obligation to monitor, screen, edit, or otherwise review the information that you or any other user post or transmit to or on the Site. However, PER reserves the right, in its sole discretion, to monitor the information posted or transmitted to or on the Site to ensure compliance with these Terms and Conditions as well as applicable laws, rules, and regulations. Further, PER may review, edit, remove, or refuse to post information you post or transmit to or on the Site. In accordance with applicable law, PER may reasonably disclose information to comply with any laws, rules, regulations, or governmental request.

7. Accuracy; Limitation of Liability and Exclusion of Warranties
You assume all responsibility and risk for your use of any information you find on the Site. You should use your own professional judgment at all times. The opinions expressed on the Site are not necessarily the opinions of PER and PER makes no representations or warranties in connection with such opinions and/or information. By participating on the Site, you should not provide medical advice.

Your use and browsing of the Site is exclusively at your own risk and the Site is provided to you AS-IS WITHOUT WARRANTY OF ANY KIND. PER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SITE AND THE MATERIALS CONTAINED HEREIN. PER EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PER DOES NOT WARRANT THAT (A) THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, (B) DEFECTS WILL BE CORRECTED, (C) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, OR (D) ANY CONTENT OR INFORMATION ON THE SITE IS CORRECT, RELIABLE, CURRENT OR COMPLETE.

PER ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM THE SITE.

UNDER NO CIRCUMSTANCES SHALL PER, ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THE TERMS EVEN IF PER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Medical Disclaimers The Site is intended as an informational and educational communications forum and is not intended to be referenced or relied upon as medical advice. By participating in discussions on the Site, you should not provide medical advice, but rather offer opinions and/or information regarding the information posted. You assume full responsibility for the information that you access, post, or transmit to the Site, and agree that PER is not liable for any claim, loss, or damage arising from the use of the information on the Site. PER is a communication forum that facilitated discussion for its users. PER does not recommend or endorse any drugs, tests, physicians, procedures, "off-label" drug uses or any other information that may appear on the Site.

9. Privacy
PER takes your privacy seriously. Your use of the Site constitutes the acceptance of PER's Privacy Policy, which is incorporated by reference into the Terms. Please read our privacy policy, which explains how we handle personal data collected by PER, if any, via the Site. Note that any third party Web sites linked to the Site have their own privacy policies, which may or may not differ from PER's privacy policy. You are responsible for reviewing the privacy policies of these Web sites to determine if these privacy policies are acceptable to you. PER reserves the right to change its privacy policy without prior notice. You are responsible for periodically reviewing our privacy policy. Your continued use of the Site will be deemed an acceptance of the privacy policy then in effect.

10. Links to Third Party Sites The Site may contain links to other Web sites or frame information from other Web sites that are not under the control of PER. PER is providing these links and/or frames to you only as a convenience. PER MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE WEB SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER WEB SITES LINKED TO THE SITE MAY BE MATERIALLY DIFFERENT THAN THE TERMS, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION AND WITH RESPECT TO THE USE OF PROPRIETARY INFORMATION POSTED ON THAT WEB SITE. No permission is hereby granted to you to link from any other Web site to any portion of the Site, or to frame any content contained on the Site without PER's prior written permission.

11. Intended Audience; Obligations
The Site and the services described on the Site are intended for physicians in the United States only. You must be at least 18 years of age to access or use the Site. By using the Site, you are affirming that you are 18 years of age and are fully able and competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms of Use. You acknowledge and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Website and/or Services.

You represent and warrant that: (a) you are a licensed physician in the United States; (b) you either are the sole and exclusive owner of any and all materials that you make available through the Site, or you have all rights, licenses, consents and releases that are necessary to grant to PER the rights in such materials; and (c) you have obtained and maintained all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information you use in connection with this Site; (d) you are not infringing, misappropriating or violating a third party's intellectual property rights; and/or (e) you are not a paid consultant or have financial interests in the content you post to the Site; including but not limited to, promoting any "off-label" use of drugs; and (f) you will not use the Services in violation of any applicable laws, rules, regulations or these Terms.

12. Local Laws; Dispute Resolution
The Site (excluding any linked Web site) is controlled by PER from its offices within the State of New Jersey, United States. By accessing the Site, you agree that all matters relating to access to, or use of, the Site or any other linked Web site, shall be governed by the laws (both substantive and procedural) of the State of New Jersey and the laws of the United States of America, without regard to the conflicts of laws principles. You also agree, and by using the Site hereby submit, to the exclusive personal jurisdiction and venue of the courts of the State of New Jersey relating to any dispute arising out of your use of the Site. Your use of the Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree that you shall not visit or use the Site in any such circumstances.

All matters arising from or relating to the use of the Site, these Terms of Use, or the breach thereof, will be governed in accordance with the laws of the state of New Jersey, without regard to its principles of conflict of laws. Any controversy, dispute or claim arising out of or relating to the use of the Services and/or Website, these Terms of Use, or the breach thereof, shall be settled by binding arbitration administered by a single neutral arbitrator located in New Jersey to be agreed between the parties (such as a retired state court or federal judge) and conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures. An award of arbitration may be confirmed in a court of competent jurisdiction. However, if a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy for a breach of these Terms of Use such action may proceed without first resorting to arbitration. Any such claims arising from or relating to the use of the Site, these Terms of Use, or the breach thereof will be heard and resolved in the federal and state courts located in New Jersey.

13. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. Restrictions on Content and Site You agree that you will not, nor will you permit any third party to do any of the following while accessing or using the Site: (a) use the Site for any purposes not expressly provided for in these Terms; (b) scan, probe, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (c) interfere with, disrupt, or damage the Site or access of any user, host, or network, including without limitation, sending a virus; cancel bots; Trojan horses; overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site; or similar methods or technology; (d) use our communication tools to send spam; and (e) engage in conduct that is illegal in any way.

15. Limitations of Liability UNDER NO CIRCUMSTANCES SHALL PER BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITES, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL MJH BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, REGARDLESS OF WHETHER ANY PER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THESE TERMS.

16. Indemnification You agree to indemnify, defend, and hold PER, its subsidiaries, its affiliates, or their respective officers, directors, employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys' fees) arising out of or relating to (a) your use of the Site; (b) a violation of these Terms; (c) your violation of any third party right, including without limitation any copyright, trademark, intellectual property, HIPAA, or privacy right; (d) any allegation that you use of the Site caused damage to a third party; or (e) the unauthorized or unlawful use of the Site by any other person using your account. This Section shall survive these Terms of Use and your use of the Site.

17. Release By using the any of the Sites you acknowledge and agree that you release, remise, and forever discharge PER, its subsidiaries, its affiliates, and their respective officers, directors, employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) from any and all claims, complainants, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown that arise out of or are in any way related to your use of this Website and/or Services. If you are a California resident, you waive California Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

18. Digital Millennium Copyright Act Compliance
PER respects the intellectual property rights of others and expects users of this Website to do so as well. In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), PER has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users, members, subscribers, or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide PER's copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. PER reserves the right to remove any content posted to the Site at our sole discretion. Please contact our copyright agent to provide us notice of alleged copyright infringement at info@gotoper.com.

19. Miscellaneous
If PER, in its sole discretion, determines that a violation of the Terms has occurred, PER may pursue any of its legal remedies. However, the failure of PER to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. In the event that any provision of the Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The section titles in the Terms are for convenience only and have no legal or contractual effect. These Terms of Use are personal to you and you may not assign these Terms of Use, or your rights or obligations hereunder, to any third party, without our consent. Any attempted assignment without such consent is void. Any provision of these Terms of Use (including all other incorporated terms) that is intended by its terms to survive termination will survive. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and PER regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral as it relates to the Site.

Contacting PER
If you have any suggestions, comments, and/or questions about the Site and/or these Terms of Use, please contact PER at info@gotoper.com.