Terms and Conditions
To assist in the lawful, orderly and successful operation of this conference, we ask that you follow the general rules below.
By registering for the webcast, you are certifying that you are a licensed or formerly licensed physician.
Please respect the privacy of others and treat others with courtesy and respect.
When posting to the webcast, please make sure you have permission from the content owner and that the content does not violate any laws or rights of others.
Please do not copy our content or the content of others without permission of the owner.
The views of others on this webcast do not necessarily reflect the views of the United Physicians and Surgeons of America. We are not responsible or liable for any third-party content posted to this webcast. We have the right, but not the obligation, to monitor third-party content on this webcast.
This webcast is provided for informational purposes only and does not constitute professional, legal or medical advice.
You are responsible for any personal information you choose to disclose publicly on this webcast, so please proceed with caution when doing so. We are not responsible for personal information you choose to share.
We reserve the right to remove content or terminate your access to this webcast for any reason.
For information on how to submit copyright or intellectual-property claims or how to respond to such claims made against you, please see our Intellectual Property Policy.
TERMS OF — USE
Last Updated: July 15, 2015.
1. Authorized Users
This Webcast is intended for use only by licensed or formerly licensed physicians, that is, individuals who hold or formerly held an M.D. or D.O. degree. If you are not a licensed or formerly licensed physician, you may not use this Webcast. This Webcast is not intended or designed to attract children under the age of 13. If you are under the age of 13, you may not use this Webcast, register as a user of this Webcast or otherwise submit personal information to UPSA.
If you register for this Webcast, you are representing and warranting that you hold an M.D. or D.O. degree and agree to provide, maintain and update true, accurate, current, and complete information about yourself in the registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify UPSA with any questions of any unauthorized use of your username, password, other account information, or any other breach of security of which you become aware involving or relating to the Webcast.
3. Warranty and Indemnification
4. User Content
UPSA is not responsible or liable for any User Content on the Webcast. User Content does not necessarily express the views of UPSA. UPSA does not guarantee that it will edit or delete User Content. UPSA has the right, but not the obligation, to monitor User Content. UPSA reserves the right to reveal your identity (or whatever information UPSA knows about you) if a complaint or legal action arises from your behavior. Unless otherwise specified, UPSA does not claim ownership of the User Content on the Webcast. You acknowledge that UPSA is not responsible for the accuracy of any User Content and that you and not UPSA are solely responsible for any User Content you post or upload to the Webcast.
The User Content is not intended to, nor does it constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. UPSA provides this Webcast for informational and educational purposes only. You may not rely on any information or opinions expressed on the Webcast for any other purpose. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content on this Webcast. Under no circumstances will UPSA be liable for any loss or damage caused by your reliance on any content on this Webcast.
You acknowledge that public interaction offered on the Webcast is for public and not private communications. You are and shall remain solely responsible for the content you post on these forums and the Webcast and for the consequences of submitting and posting the same. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Webcast is at your own risk.
By posting or uploading User Content to this Webcast, you are granting UPSA permission to use the User Content in connection with the Webcast.
UPSA may discontinue operation of the Webcast, or your use of the Webcast, in either case in whole or in part, in its sole discretion. You have no right to maintain or access your User Content on the Webcast, and UPSA has no obligation to return your User Content or otherwise make it available to you.
The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide UPSA with the proper information pursuant to the procedures outlined in USPA’s Intellectual Property Policy.
5. Compliance with Laws and Prohibited Uses
6. Intellectual Property
For information on how to submit copyright or intellectual-property infringement claims or how to respond to such claims made against you, please see UPSA’s Intellectual Property Policy below.
8. Denial of Access
9. Modifications and Interruption to Service
UPSA will in good faith endeavor to provide uninterrupted service to the Webcast, but you acknowledge and accept that UPSA does not guarantee continuous, uninterrupted or secure access to the Webcast, and operation of the Webcast may be interfered with or adversely affected by numerous factors or circumstances outside of UPSA’s control.
10. Third Parties and Third-Party Sites
If there is a dispute between persons accessing the Webcast or between persons accessing the Webcast and any third party, you understand and agree that UPSA is under no obligation to become involved. If there is such a dispute, you hereby release UPSA and its owners, parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, insurers, sponsors and service providers from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
11. Disclaimer of Warranties
You expressly agree that use of the Webcast is at your sole risk. The Webcast is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, UPSA makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Webcast in terms of its correctness, accuracy, reliability, or otherwise. UPSA shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of this Webcast. UPSA DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBCAST AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE — USE OR THE INABILITY TO — USE THE CONTENT OF THIS WEBCAST. UPSA DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBCAST WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBCAST OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS.
12. Limitations of Liability
IN NO EVENT SHALL UPSA OR ANY OF ITS OWNERS, PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INSURERS, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF — USE, ARISING OUT OF OR RELATED TO ANY — USE OF THE WEBCAST OR THE INFORMATION CONTAINED IN IT, OR THE INABILITY TO — USE THE WEBCAST, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF UPSA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, UPSA’s liability is limited to the greatest extent permitted by law.
13. Governing Jurisdiction of the Courts of Ohio
14. Other Terms
Last Updated: July 15, 2015.
What information does USPA collect?
When you register as a user of the Webcast, USPA collects your email address, username and password, your first and last names, your birth date and your state of licensure as a physician. Once you are registered, you will be identified on the Webcast only by your username unless you choose to reveal further information. If you use a public forum on the Webcast and choose to disclose personally identifiable information on the forum, you should be aware that such information could be read, collected or used by other users. UPSA is not responsible for the personally identifiable information you choose to submit through its public forums.
Additionally, when you visit the Webcast, UPSA automatically collects some non-personally identifiable computer information, such as the type of computer operating system and web browser you are using, information regarding your Internet service provider, and the frequency with which you visit the Webcast. UPSA uses this information to manage the Webcast and make it more interesting and useful to you.
How does UPSA use the information it collects?
In addition, the information UPSA collects is used to verify that you are a physician and to communicate with you regarding your account. The information UPSA collects is shared as necessary with its agents or contractors who assist in providing support for its internal operations. The information UPSA collects is disclosed when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing the Webcast and applicable laws or to protect against misuse or unauthorized use of the Webcast, and to a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change respecting the Webcast.
How to opt out of receiving email
If you are a registered user of the Webcast, you may choose whether you wish to receive e-mail about the Webcast. If you do not give permission for UPSA to send e-mail to you, UPSA will not send unsolicited e-mail. In this case, UPSA will communicate with you only for the purpose of maintaining your registration with us.
If you do not want to receive e-mail from UPSA in the future, you should let UPSA know by sending a removal request to USPA at firstname.lastname@example.org. USPA honors all removal requests.
What are cookies, and how does USPA use them?
How to request information maintained about you
Upon request, UPSA will provide you with access to all information (including proprietary information) that UPSA maintains about you. You can access this information by emailing UPSA at email@example.com.
UPSA cannot guarantee the security of the Webcast
UPSA takes seriously its obligation to safeguard the confidentiality, security and integrity of personal information collected from its users and has established and will maintain procedures that are designed for that purpose. You should be aware, however, that no system is completely secure from hackers, network failure and error, and UPSA cannot guarantee the confidentiality, security and integrity of information maintained on the Webcast.
By email: firstname.lastname@example.org
By regular mail: United Physicians and Surgeons of America
P. O. Box 54824
Cincinnati, OH 45245
INTELLECTUAL PROPERTY POLICY
Last Updated: July 15, 2015.
Ownership of Webcast, Website Hosting the Webcast, and Content
The Webcast and its contents are intended for your personal use. All content included or available on or in the Webcast and the website hosting the Webcast, including, without limitation, design, text, graphics, files, interfaces, drawings, illustrations, images, photographs, video clips, music and sounds, source code, object code, trade dress, trademarks, service marks and other materials and the selection and arrangements thereof (the “Content”), are the property of UPSA and/or its affiliates or licensors unless otherwise indicated. UPSA reserves all rights in such Content.
Procedure for Reporting Copyright or Other Intellectual-Property Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of UPSA to terminate the privileges of any user who infringes the intellectual-property rights of others upon receipt of prompt notification to UPSA by the intellectual-property owner or the owner’s legal agent. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, UPSA designates the following as its agent for receipt of notifications of claimed copyright or other intellectual-property infringement:
By email: email@example.com
By phone: (513) 486-6113
By regular mail:
Intellectual Property Claim
United Physicians and Surgeons of America
P. O. Box 54824
Cincinnati, OH 45245
To notify UPSA of a claimed infringement of your copyright or other intellectual-property right by material residing on or accessible through the Webcast, you must contact UPSA in writing by regular, fax or email at the addresses provided above and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work claimed to have been infringed, or, if multiple works on or in the Webcast are covered by a single notification, a representative list of such works at the Webcast;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit UPSA to locate the material;
- Information reasonably sufficient to permit UPSA to contact you, such as an address, telephone number, and, if available, an email address;
- The following statement by you: “I have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
- The following statement by you: “The information in this notification is accurate, and I, as the complaining party, declare under penalty of perjury that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Inquiries that do not follow this procedure may not receive a response. Upon receiving a claim of infringement, UPSA may, in our discretion, remove or disable the material claimed to be infringed.
Please be advised that if you materially misrepresent that material is infringing your intellectual property, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether the material infringes on your intellectual property, you should consider contacting an attorney before contacting UPSA.
How to Respond to a Claimed Infringement
If UPSA removes or disables the material claimed to be infringing, UPSA will take reasonable steps to notify the owner of the material of the claim, and the owner will then have the option to send UPSA a counter-notice why the content does not infringe another’s intellectual-property rights and requesting reinstatement of the content. The counter-notice must be in writing and include the following information:
- The owner’s physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- The following statement by the owner: “I declare, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The owner’s name, address, and telephone number, and the following statement by the owner: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address listed in this notice is located, or if my address is outside of the United States, for any judicial district in which United Physicians and Surgeons of America may be found, and I will accept service of process from the person who provided notification of infringement or an agent of such person.”
If UPSA receives a counter-notice under these provisions, UPSA may send a copy of the counter-notice to the original complaining party informing that person that UPSA may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the individual or entity who placed the content, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at UPSA’s discretion.