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INSIGHT
EXCHANGE TERMS OF SERVICE AGREEMENT
Access
to and Participation in the activities of this website are subject
to the following Insight Exchange Terms of Service Agreement.
PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES
AVAILABLE THROUGH THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS
AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE ACTIVITIES OF THE
SITE OR OTHERWISE ACCESS THE SITE.
Your Acceptance of the Terms and Conditions
This Terms of Service Agreement is a legal agreement between you and INSIGHT EXCHANGE, Inc.
("IE"), and governs your access to IE's website ("Site"), your participation in the activities and use of
the services on the Site and your access to such Site. Access to and participation in the activities of the
Site will be collectively referred to as "the Service." Additional terms and conditions of use (including,
without limitation, to the User Rules) applicable to specific areas of the Service, if any, may also be posted
in such areas, and together with this Terms of Service Agreement and any related modifications, as
described below, are referred to as the "Agreement."
IE, in its sole discretion, may modify, add or remove all or any part of this Agreement at any time, and such
modification will be effective immediately upon being published on the Site. You agree to be bound by
the terms and conditions of this Agreement, and any modifications, for as long as you continue to
participate in the Services and access the Site.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY YOUR CLICKING ON THE BUTTON MARKED
"I ACCEPT," AND/OR YOUR CONTINUED USE OF THE SERVICE MEANS, THAT YOU ACCEPT THE TERMS
AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY MODIFICATIONS AS DESCRIBED ABOVE.
IF YOU OBJECT TO THESE TERMS AND CONDITIONS AT ANY TIME, YOU SHOULD IMMEDIATELY NOTIFY
IE OF YOUR DESIRE TO NO LONGER BE AN ADVISOR BY SENDING AN
EMAIL TO Questions THEN EXITING THE SITE.
Disclaimer
IE's Site, by its nature, seeks and collects professional opinions from IE Advisors. Such opinions expressed
on the IE Site are the opinions of the individuals giving them. IE does not assume liability for any content
of any such opinion or any other information presented anywhere on the Site.
IE does not endorse or
recommend any procedure, treatment or product that may be mentioned on the Site. Your decision to
rely on the information, data, opinion or instructions found on the Site or on any linked website is solely
at your own risk. IE accepts no liability for injury or damage resulting from your decision to use any product,
information, opinion, or instruction found on the Site or on any website linked to the Site. IE has no control
over or liability arising from any information which may be found on such websites linked to the Site.
YOU AGREE THAT YOU CAREFULLY READ THIS RELEASE OF LIABILITY AND FULLY UNDERSTAND
AND AGREE TO THIS FULL RELEASE OF LIABILITY.
Continuing Medical Education
When you register for a Continuing Medical Education ("CME") or a Continuing Education ("CE") activity
through our Web site, we collect certain personally identifiable information from you such as your name,
email address and mailing address. If you are a nurse or a pharmacist and wish to receive CE credit, you
are also required to provide the state in which you are licensed and your license number. In addition to
personally identifiable information, we collect aggregated non-personally identifiable information about
the activities undertaken by our users. We use the information that we collect through CME/CE activities in several ways:
1.The sponsors of our CME programs we are required periodically to submit aggregated data about CME participants and the
CME activities we certify. We also provide personally identifiable information to other accredited CME/CE providers who
certify CME/CE activities posted on, as required by the ACCME and other accrediting bodies. These reports may include
personally identifiable information about you and credits issued to you, for the purpose of maintaining records that you
can request from the accredited provider for up to six (6) years;
2. With the consent of the sponsor, commercial supporters of CME/CE activities on the insight Exchange web site will receive
aggregated data about CME/CE activities that are relevant to the courses they support.
3. Internal staff will have access to files containing personally identifiable information, including evaluation forms and aggregated
CME /CE participant information. These files can be accessed in order to respond to your questions or comments. Our staff may also
use personally identifiable information, including registration information and evaluation data, in assessing educational needs and
planning marketing activities; and
We may use the information we collect as otherwise permitted in this Privacy Policy.
Your Privacy
The data you provide in the IE Registration Form and certain other information about you or your activities over the Internet
are subject to our Privacy Policy. Please take the time to understand your privacy rights by reading our Privacy Policy.
Member Password and User ID
As an Advisor, you will create a password and user ID while completing and submitting the IE Registration Form.
Your password, user ID and access to the Service and Site is for your sole, individual use. You may not authorize others
to use your password or user ID, and you may not assign or otherwise transfer your password or user ID to any third party.
You agree to be responsible for maintaining the confidentiality of your password and user ID, and for all activities occurring
under your password and user ID.
You agree to immediately notify IE of any unauthorized use of your password and user ID, or any other breach of security
or any other violation related to your use of the Services. You will also make sure that you exit your IE account at the end of
each session. IE cannot be liable for any loss or damages arising from your failure to comply with this section.
Use of Content and Related Proprietary Rights
You acknowledge that the Service may contain information, photographs, audio and video clips, graphics, images,
links and other material, including but not limited to proprietary and confidential information, copyrights, patents and
trademarks (collectively referred to as the "Content").
All such Content is protected by all applicable copyright laws, international conventions or treaties, and any other intellectual
property or proprietary laws, and, unless in the public domain, is owned by IE or its licensors and licensees, whether or not
such rights are expressly identified in, or in connection with, such Content. No license to use any of the Content is given or
implied without the respective owner's prior written consent. Any use of the Content or its related software, in whole or in part,
including the reproduction, modification, distribution, redistribution, transmission, retransmission, republication, display or
performance, of such Content is otherwise strictly prohibited.
Except for Content that is in the public domain, you agree not to copy, exploit, duplicate, modify, publish, transmit, transfer,
distribute, perform, display, sell, loan, rent, reverse engineer (if applicable), or create any derivative works from, in whole or in
part, any Content or Service without the prior written permission from the owner of such Content. You are also responsible for
complying with any other use restriction required by third party owners of such Content. You assume all risk and responsibility
for determining whether any Content is in the public domain.
"INSIGHT EXCHANGE" and the related graphics, logos and service names are protected trademarks of INSIGHT EXCHANGE, Inc.
under all applicable laws. Such trademarks of INSIGHT EXCHANGE, Inc. may not be used without its prior written consent, and
may not be used in connection with any product or service that is not IE's, in any manner that is likely to cause confusion
among the public, or in any manner that disparages or discredits IE.
You will undertake such further acts (including, without limitation, executing or completing any patent, trademark and copyright
registrations and applications), if any, at IE's expense, except for any reasonable time expended, as IE may request in order to obtain
or protect IE's rights hereunder. If you fail to do so within five (5) business days of receiving IE's written request, you appoint IE to
execute such documents and instruments in your name and on your behalf as your duly authorized attorney-in-fact; this appointment
shall be deemed irrevocable and to be a power
User Content: Information Provided By You
By posting messages, sending emails, uploading files, inputting data or information, or engaging in any other form of communication
(collectively referred to as "User Content") to the Site, you grant IE a perpetual, worldwide, irrevocable, unrestricted, non exclusive,
fully paid, royalty free license, with the right to sublicense, to use, re-use, copy, license, sub license, publish, re-publish, adapt, distribute,
display, publicly perform, reproduce, transmit, modify, edit, translate or otherwise exploit such User Content, in any medium now or later
known or developed. You represent and warrant that you are authorized to grant such a right for IE's use of such User Content.
You waive all rights to any claim against IE or any of the Indemnified Parties (as defined below) for any alleged or actual infringements of
any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such User Content.
You will not use the IE Site to post, transmit or distribute, or cause to be distributed any material which violates any local, state, national or
international laws, or infringes the intellectual property rights of others. See User Rules for additional online conduct, the terms of which are
incorporated into this Agreement.
Unless otherwise specified, you acknowledge that by providing any User Content to IE through the Service and
Site, no confidential, fiduciary, contractually implied or any other relationship is created between you and IE,
or you and any IE client, in any way whatsoever.
No Endorsement of Content
Since IE does not pre-screen or monitor any Content (unless such Content is specifically owned by IE) or User Content,
you understand and agree that IE does not endorse any such content, and you may not necessarily rely on any such
content. You will solely evaluate the validity of any Content or User Content, and bear all risks associated with the use of
any such content, including without limitation, the accuracy, completeness, reliability or usefulness of any such Content or
User Content. Accordingly, you understand that all Content and User Content includes any available through
IE message boards, and any other forum provided to the Advisor community by IE, and may appear in any form now
or later known, including but not limited to opinions, advice, statements, memoranda or articles. Under no circumstances
will IE be responsible for any loss or damage resulting from any party's reliance on such information posted on the Service or
transmitted to any members of the Advisor community. IE reserves the right, but has no obligation, to correct any error or
omissions in any portion of the Site, as it solely deems appropriate.
No Endorsement of Links
IE may provide links to other websites, resources or sponsors. Because IE has no control over such sites, resources and
sponsors, you understand and agree that IE is not responsible for the availability of such websites, resources and sponsors,
and does not endorse and is not responsible or liable for any Content, products or services available from such websites,
resources and sponsors. You agree that IE is not responsible or liable for any direct or indirect damage or loss caused,
or alleged to be caused, by or in connection with the use of or reliance on any Content, products or services, or links,
provided by or available from such websites, resources or sponsors.
Disclaimer of Warranties
YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, FUNCTIONS, MATERIALS AND
INFORMATION, IS AT YOUR SOLE RISK, AND SUCH SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, INSIGHT EXCHANGE AND ITS SUBSIDIARIES, LICENSEES,
LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE
CONTENT ON THE SITE, FOR ANY PRODUCTS OR SERVICES INTRODUCED THROUGH THE SITE OR LINKS TO
THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF ANY SENSITIVE
INFORMATION THROUGH THE SITE OR ANY LINKED WEBSITE.
IE AND ITS SUBSIDIARIES, LICENSEES, LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL EXPRESS OR
IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY WORKS.
IE DOES NOT WARRANT OR REPRESENT THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) ANY RESULTS OBTAINED FROM USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT OR ANY OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
(e) ANY ERRORS OR DEFECTS IN THE SERVICE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE WILL BE
CORRECTED, and (f) THE SITE AND RELATED SYSTEM AND SERVICE IS FREE OF VIRUSES AND OTHER HARMFUL
COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSIGHT EXCHANGE
OR ITS SERVICES SHALL CREATE ANY WARRANTY, UNLESS EXPRESSLY PROVIDED IN THIS AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOST PROFITS, GOODWILL, USE OF THE SERVICE OR CONTENT, ACCESS TO SITE, DATA OR OTHER INTANGIBLE LOSSES,
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF IE WAS ADVISED OF SUCH POSSIBILITY, OR IF SUCH LOSS WAS
FORESEEABLE IN ANY WAY, IF RELATED TO: (a) USE OR INABILITY TO USE SERVICE, (b) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE, (d) THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, TIMELINESS, SUITABILITY,
USEFULNESS OR APPLICABILITY OF ANY CONTENT, or (e) ANY OTHER MATTER RELATED TO THIS AGREEMENT.
YOU AGREE THAT IE IS NOT RESPONSIBLE FOR OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY UNLAWFUL,
HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OFFENSIVE, OBSCENE, SEXUALLY
EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT, SPEECH OR COMMUNICATION OF ANY THIRD PARTY
THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING
BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY OR PRIVACY
Miscellaneous Terms
This Agreement constitutes the entire agreement between you and IE, and supersedes any prior agreements between
you and IE. You may also be subject to additional terms and conditions which may apply when you use third party content,
software or other proprietary information. This Agreement is governed, and construed and enforced, in accordance with the
laws of the State of New York, without giving effect to the principles of conflicts of law thereof. Except for IE's claim for injunctive
relief in any court having jurisdiction, you and IE agree to submit to the personal and exclusive jurisdiction of the state and
federal courts located in New York County. You and IE waive any defense of an inconvenient forum and any right of jurisdiction
on account of the place of residence or domicile. If any provision under this Agreement is held to be invalid or unenforceable for
any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. IE's failure to
exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. IE may assign
its rights and obligations under this Agreement at any time and without notice to you.
One Year Limit
You agree that, regardless of any contrary statue or law, any claim or cause of action arising out of or related to use of the Service or this
Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Notices
Notices to you may be made via email or regular mail. IE may also provide notices of changes to this Agreement or other
matters related to the Service by displaying notices or links to notices to you generally through the Service.
Survival of Certain Provisions
The termination of this Agreement for any reason will not terminate the obligations or liabilities of the parties under the
terms and conditions of this Agreement regarding warranties, liabilities, proprietary rights and all others that by their sense
and context are intended to survive the execution, delivery, performance, termination and expiration of this Agreement.
All such obligations and liabilities will survive and continue in effect after any such termination.
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