PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE OR THE MATERIALS.
Welcome to hcpforum.com. These website and materials are designed to comply with relevant laws and regulations. This is a legally binding agreement (“Agreement”) between HCP FORUM, and its affiliates and you (“You” or Your”). This Agreement governs Your use of the website (www.hcpforum.com) and our app (the “Site” or “Sites”), including, without limitation, all content such as text, information, images, Forums, HCP FORUM Blog and Heard Around The Community online community, software and other information, services and materials (collectively, the “Materials”) and all information made available to You or by You through this Site by HCP FORUM and/or third parties.
Please carefully read these Terms. By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with HCP FORUM Online Services Private Limited. You may not use the Services if you do not accept the Terms or unable to be bound by the Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by
- Clicking to accept or agree to the Terms, where it is made available to you by HCP FORUM in the user interface for any particular Service; or
- Actually using the Services. In this case, you understand and agree that HCP FORUM will treat your use of the Services as acceptance of the Terms from that point onwards.
“User” or “You” or “Your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services offered by HCP FORUM web and mobile application.
“Content” will include (but is not limited to) images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your content” or “User Content” means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. “HCP FORUM content” means content that HCP FORUM creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and third party content. “Third Party Content” means content that comes from parties other than HCP FORUM or its users and is available on the Services.
C.Health Care Professionals
“Health Care Professionals” refers to HCP:- A health care professional may provide health care treatment and advice based on formal training and experience .The field includes those who work as a physician, surgeon, nurse, dentist, midwife, psychologist, psychiatrist or pharmacist or who perform services in allied health professions. A Health Care professional may also be a public health or community health practitioner.
2.PROVISION OF THE SERVICES BEING OFFERED BY HCP FORUM
HCP FORUM is restricted to use of Health Care Professionals only. By becoming a user of HCP FORUM and/or using the services of the website, you hereby declare and agree that you are a qualified Health Care Professional(HCP). In case you are found not to be a HCP and still using the website for any personal or professional purpose, HCP FORUM reserves the right to initiate legal action under various criminal and civil laws. These acts will be including but not limited to Indian IT Act for personation, false representation and anti-quackery laws.
HCP FORUM is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which HCP FORUM provides may require effecting certain changes in it, therefore HCP FORUM reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
You acknowledge and agree that if HCP FORUM disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
You acknowledge and agree that while HCP FORUM may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, HCP FORUM may set such fixed upper limits at any time, at HCP FORUM’ discretion.
By using HCP FORUM’ Services you agree to the following disclaimer: The Content on these Services is for informational purposes only. HCP FORUM disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. HCP FORUM reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice.
HCP FORUM reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this site anytime in future.
A. OWNERSHIP OF MATERIALS
All Materials are provided by HCP FORUM unless indicated otherwise. All intellectual property rights in the Materials (including copyrights, trademarks, trade secrets and patents) are the property of HCP FORUM unless indicated otherwise. HCP FORUM retains all copyrights in the individual pages, and their components, and collective works available at the Site. The Materials are copyrighted and are protected by Indian and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without HCP FORUM’s prior written permission. HCP FORUM, the HCP FORUM logo are registered trademarks of HCP FORUM and HCP FORUM insights blog are trademarks and the property of HCP FORUM. All other names and trademarks are the property of their respective holders.
B. USE LICENSE
Any unauthorized use of any Materials or information at this Site may violate patent, copyright, trademark, and other laws. Any use of this Site or the Materials shall be considered a limited use license, not a transfer of title, and is subject to the following restrictions: You may not:
- Modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental;
- Decompile, reverse engineer, disassemble or make derivative works of the Materials;
- Remove any confidentiality, privacy, patent, copyright, trademark or other proprietary notices from the Materials;
- Transfer the Materials to another person or entity in manners inconsistent with this Agreement and current HCP FORUM policies. You agree to prevent any unauthorized copying of the Materials or information.
You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by HCP FORUM, unless you have been specifically allowed to do so, by way of a separate agreement with HCP FORUM. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) with respect to its functionality, performance and efficiency.
You agree that you shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
C.RESTICTION ON USE
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
- Violate our Guidelines and Policies;
- Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
- Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
- Contains material that violates the standards of good taste or the standards of the Services;
- Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Accuses others of illegal activity, or describes physical confrontations;
- Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
- Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
- Attempts to impersonate another person or entity;
- Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
- Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
- Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
- Asserts or implies that Your Content is in any way sponsored or endorsed by us;
- Contains material that is not in English or, in the case of products provided in foreign languages, the language relevant to such products;
- Falsely states, misrepresents, or conceals your affiliation with another person or entity;
- Accesses or uses the account of another user without permission;
- Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
- Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
- “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;
- Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- Decompiles, reverse engineers, disassembles or otherwise attempt to derive source code from the Services;
- Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
- Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
- Collects, accesses, or stores personal information about other users of the Services;
- Is posted by a bot;
- Harms minor in any way;
- Threatens the unity, integrity, defence, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
- Attempts to do any of the foregoing.
You acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.
You hereby agree and assure HCP FORUM that the Site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of HCP FORUM in any form or manner whatsoever.
D. TERMINATION OF THIS USE LICENSE
HCP FORUM may terminate this use license at any time if you are in breach of the terms of this Agreement or if you are found to be in violation of HCP FORUM’s Code of Conduct. Upon termination, you will immediately destroy any Materials in your possession, if any, and cease use of the Site.
E. CONDITIONS OF USE AND TERMS
To use any Materials, You must
(a) be a licensed health care professionals in the INDIA or in another country, (b) be a registered participant of hcpforum.com. Prior to the use of this Site, You must provide HCP FORUM with valid confirmation of (a) & (b), above, including all of the following: (i) your name; (ii) Your mailing address (i.e., so we can mail you any accrued payments); (iii) jurisdictions of licensure; and (iv)other confirmatory demographics. By submitting that information to HCP FORUM, You hereby certify all assertions made under this Section and agree that you authorize HCP FORUM to confirm the veracity of such information.
4. HCPFORUM PANEL
A. MEMBERSHIP AND REQUIRED INFORMATION
In addition to the above Opportunities, HCP FORUM membership automatically makes you a part of the HCP FORUM Panel, a health care professional survey panel own and maintained by HCP FORUM (“Panel”). As a Panel member, you will have access to the below services as well as eligibility to receive invitations to participate in market research surveys in the event such opportunities arise. Participation in the Panel is free. As a Panel member, HCP FORUM (or its service providers or affiliates on HCP FORUM’s behalf) may contact you multiple times via any and all contact information that you provide to HCP FORUM.
You may only join HCP FORUM once and therefore membership is personal to you and is not transferable to any other person. HCP FORUM has the right to refuse any HCP FORUM member inclusion in market research Panels. To complete your Panel profile, you will be asked to provide information on key profiling demographics that we need, at a minimum, to ensure you are eligible to become a member of the Panel and to ensure that once you have successfully registered with the Panel that you have every opportunity to be invited to the surveys as may be applicable. You are responsible for ensuring that your personal details and your profile data at any point are true, accurate and current.
Providing additional information as part of your profile, which is accessible on your personal member pages, is not required but may further increase your chances of being invited to surveys relevant to you.
B. LOGIN CREDENTIALS
It remains your responsibility to ensure your login credentials (email and password) are kept confidential. HCP FORUM will not be liable for any unauthorized use of your account, which includes unauthorized use of your email address and password.
C. REMOVAL FROM PANEL
If you no longer wish to be a member of the Panel, you may request to be removed from the Panel at any time. If you choose to opt-out of the Panel, you do not terminate your HCP FORUM membership. Termination of HCP FORUM membership will, however, remove you from the Panel. However, upon termination of your participation with the Panel, you forfeit any right to any honoraria or incentives not yet reimbursed to you.
You can request your personal details to be removed from the Panel active database and to have your participation in the Panel terminated by:
- Sending us an e-mail at firstname.lastname@example.org from the e-mail address you registered with and with the words “Remove Me” in the subject line and
- Sending us an e-mail at email@example.com referencing the e-mail address with which you registered with the Panel and with the words “Remove Me” in the subject line
- Failure to follow the stated procedure correctly may result in delay in the removal of your information from the Panel databases. Your removal request will be dealt with promptly. However there may be a gap of up to 1 month between your request to be removed and the cessation of the receipt of any further e-mails from HCP FORUM.
D.TERMINATION OF PANEL PARTICIPATION
HCP FORUM reserves the right to suspend or cancel Panel participation, together with any outstanding honoraria or incentives, if applicable, if one of the following events occurs
- You misuse your membership on the panel or use it for any improper purpose
- Any activities on your account(s) or your participant responses to surveys are subject to investigation in regards to data integrity, reliability or validity
- HCP FORUM’s right to process and use any information necessary to run the Panel is legally withdrawn, by law or otherwise.
E. OTHER SERVICES AVAILABLE TO HCP FORUM PANELISTS
Panel members also have the opportunity to participate in the following services. As a Panel member, you will receive communications regarding the below HCP FORUM services, unless you opt out of further emails by using the “Email Settings” link in the settings area of the website.
This Site is intended by HCP FORUM to require a valid, working e-mail address and password to access and use the Materials and other features on the Site. Certain other Materials or functionalities on the Site may require additional access codes. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords and codes (collectively, “ID(s)”) assigned to you, (2) not allowing another person to use your IDs to access the Site, (3) any damages or losses that may be incurred or suffered as a result of You or Your failure to maintain the strict confidentiality of Your ID, and (4) promptly informing HCP FORUM in writing of any need to deactivate an ID due to potential or actual security concerns. HCP FORUM is not liable for any harm related to the theft of Your ID, Your disclosure of Your ID, or Your authorization to allow another person or entity to access and use the Site using Your ID. You agree to immediately notify HCP FORUM in writing of any unauthorized use of Your ID.
6. MEDICAL DISCLAIMERS
A. MEDICAL DISCLAIMERS
The Materials available are for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. HCP FORUM or You are not permitted to advise, diagnose, or otherwise treat users of this Site. Neither the content nor any other service offered by or through this Site is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that HCP FORUM, Inc. is not responsible or liable for any claim, loss, or damage arising from the use of the information. HCP FORUM does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on the Site. Your reliance upon the Materials obtained or used by you is solely at your own risk.
As a user of this Site, You are liable for the accuracy of the information that you provide to us, including, but not limited to, your personal and professional representation as provided in Section 1. You hereby certify that you are not a paid consultant or have any other financial interests in the information you provide to this Site, including, but not limited to, the promotion of “off-label” drug uses, the disclosure of confidential clinical trial or other proprietary information.
8. PATIENT DATA AND LEGAL COMPLIANCE
A. PATIENT DATA AND LEGAL COMPLIANCE
The Site is not intended for the transmission, storing, review or receipt of confidential patient information (“Patient Information”). However, if you upload such Patient Information to the Site, the following terms apply. Applicable laws, as well as ethical and licensure requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain Materials or to transmit certain information to third parties. You represent and warrant that You will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use Your best efforts to cause all persons or entities under Your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining 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 transmit, store, or receive in connection with the Site, the Materials and any third party site. You agree that HCP FORUM, HCP FORUM’s licensors and licensees, and all other persons or entities involved in the operation of the Materials and functionalities provided through the Site, have the right to monitor, retrieve, store, review and use Patient Information, if applicable, in connection with the operation or use such Materials, and are acting on Your behalf in transmitting Patient Information.
WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE OR THE MATERIALS. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO HCPFORUM) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
9. GENERAL DISCLAIMERS
A. GENERAL DISCLAIMERS
THE MATERIALS AND THE SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL HCPFORUM, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT AND MATERIALS OR THE SITE, OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS, (5) THE COMPLIANCE WITH ANY LAW, RULE, REGULATION, LAW ENFORCEMENT, GOVERNMENT OFFICIALS OR LEGAL AUTHORITY OR THE LIKE, OR (6) ANY OTHER FAILURE TO PERFORM BY HCPFORUM OR HCPFORUM’S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER HCPFORUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HCPFORUM ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.
Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to you. HCPFORUM and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. HCPFORUM may make changes to these Materials, or to the services and/or products described therein, at any time without notice. HCPFORUM makes no commitment to update the Materials. Any description of Materials is not a representation that any such Materials are available for sale or distribution in your location.
10. LIMITATION OF LIABILITY
A. LIMITATION OF LIABILITY
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, HCPFORUM SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND HCPFORUM AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF INR 100. YOU AND HCPFORUM AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND HCPFORUM. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, HCPFORUM WOULD NOT PROVIDE THE SITE OR MATERIALS TO YOU.
You agree to defend, indemnify and hold HCPFORUM, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including HCPFORUM’s reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site or the Materials, and (3) the unauthorized or unlawful use of the Site by any other person using Your ID.
12. USER SUBMISSIONS
Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or post to the Site or third party site will be considered non-confidential and non-proprietary (“Communications”). HCPFORUM will have no obligations with respect to the Communications. You agree that from time to time HCPFORUM may invite or otherwise make you aware of certain educational, promotional or financial opportunities relating to Your Communications and profile.
HCPFORUM hereby grants You a non-exclusive, non-transferable license to re-use or republish your own contributions made from your own account to the HCPFORUM Site in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license is restricted to your own contributions and does not grant you rights to republish the contributions or postings of other HCPFORUM members and HCPFORUM editorial team. HCPFORUM and its designees will be free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. HCPFORUM shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information. You are prohibited from posting or transmitting to or from this Site any unlawful, infringing, threatening, libellous, defamatory, obscene, pornographic, or other material that would violate any law. You are prohibited from revealing the name or other personally identifying information of any other HCPFORUM member unless that individual has previously revealed his or her own name or personally identifying information in that specific HCPFORUM post. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. HCPFORUM hereby notifies You that any or all Communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by HCPFORUM in its sole discretion and without further notice. You are reminded that HCPFORUM does not collect personal health information about individuals. To submit a post, you must provide and upload information to the HCPFORUM server. Within Your uploaded submission, HCPFORUM does not collect or maintain information that would associate this submission with a specific patient or individual. To be clear, HCPFORUM does not possess nor does it wish to possess patient data.
B. PERSONAL PROFILE
Once a registered participant, you may provide additional information in your personal profile describing your credentials, professional experiences, academic background, biography and the like. Your personal profile shall be available for viewing by other registered participants of HCPFORUM and will be considered non-confidential and non-proprietary. Providing additional information in your personal profile beyond what is required at registration is entirely optional and can be altered or removed by you at any time.
C. RIGHT TO MODIFY INFORMATION
HCPFORUM reserves the right to Access, Moderate or Delete any content posted by users of HCPFORUM site.
13. COOPERATION WITH GOVERNMENT AUTHORITIES
A. COOPERATION WITH GOVERNMENT AUTHORITIES
If necessary and in accordance with applicable law, HCPFORUM will comply with local, state, federal, international and/or worldwide with all laws, rules, regulations, law enforcement, government officials, legal authority or the like.
14. LINKS TO OTHER MATERIALS
A. LINKS TO OTHER MATERIALS
The linked sites are not necessarily under the control of HCPFORUM and HCPFORUM is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. HCPFORUM reserves the right to terminate any link or linking program at any time. HCPFORUM has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked to this Site, You do this entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and HCPFORUM shall not be responsible for notification of any change in name or location of any information of the Site. HCPFORUM reserves the right to request any web site administrator to disable or remove any link that violates any rights of HCPFORUM or causes interruption or deterioration of Materials provided by HCPFORUM. Failure to abide by this request shall be dealt with as provided in this section.
15. APPLICABLE LAWS
A. APPLICABLE LAWS
This Site is controlled by HCPFORUM from its global offices. HCPFORUM makes no representation that Materials in this Site are appropriate or available for use in all locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of applicable export laws or regulations. Any claim relating to the Materials shall be governed by local applicable law.
16. DISPUTE RESOLUTION
A. DISPUTE RESOLUTION
Any dispute between HCPFORUM and You arising out of this Agreement shall be resolved first by direct communication with one or more of HCPFORUM’s management team members. Should HCPFORUM and You be unable to resolve the dispute by communication and both You and HCPFORUM jointly agree to do so, HCPFORUM or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the Indian Arbitration Association or its equivalent nearest the place of Your professional. The arbitrator shall fully implement the intent and purposes of this Agreement.
17. ENTIRE AGREEMENT
A. ENTIRE AGREEMENT
Your right to access and use the Site and Materials immediately terminates without further notice upon Your breach of this Agreement or if You are found to be in violation of HCPFORUM’s Code of Conduct. HCPFORUM may terminate this Agreement and/or Your right to use the Site and Materials at any time, with or without cause. Sections 1, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 22 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. HCPFORUM reserves the right to discontinue or make changes to the Site and/or Materials at any time.
HCPFORUM may assign this Agreement, in whole or in part, in its sole discretion. You may not assign your rights under this Agreement without HCPFORUM’s prior written permission. Any attempt by you to assign your rights under this Agreement without HCPFORUM’s permission shall be void.
20. WAIVER OF BREACH
A. WAIVER OF BREACH
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
21. FORCE MAJEURE
A. FORCE MAJEURE
HCPFORUM shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by HCPFORUM to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond HCPFORUM’s control.
HCPFORUM may deliver notice to you under this Agreement by means of electronic mail, a general notice on http://www.HCPFORUM.com , or by written communication delivered by first class mail to your address on record in HCPFORUM’s account information. You may give notice to HCPFORUM at any time via electronic mail to info@HCPFORUM.com
Attn: HCPFORUM Legal Department
Attention: If you object to any material found on this Site, please bring your concerns to the attention of [info@HCPFORUM.com]. The Site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
23. NOTICE OF COPYRIGHT INFRINGEMENT AND GRIEVANCE REDRESSAL MECHANISM
A. NOTICE OF COPYRIGHT INFRINGEMENT AND GRIEVANCE REDRESSAL MECHANISM
HCPFORUM shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the site or mobile apps, or items advertised on the site or mobile apps, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification related to copyright violation –
1. Identify and provide complete details of each individual incident of copyright violation separately in writing that you claim have been infringed upon.
2. Include the following statement: “I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law”;
3. Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf”;
4. Provide your contact information including your address, telephone number, and e-mail address (if available);
5. Each individual case of copyright violation must be substantiated with sufficient details and admissible evidence so that it can be audited and verified for further action
a. Your original work with its URL where you have published it
b. The original author profile details with his address, phone number, email id and any other relevant information
c. The URL of HCPFORUM post which violates your copyright
d. The date of publication on HCPFORUM
e. The details of author who has violated copyright by publishing your original content on HCPFORUM
f. An explanation highlighting the copyright violation and why the content should not be considered original work or not be considered adapted and fair use of copyrighted content (depending on your case).
g. A digital proof from the database with a digital signature and timestamp to prove that your client is the original author of the work. A digital audit of your database that maintains timestamp and edit trail with publication history of the content and is an acceptable evidence. Screenshots with articles and it publication dates are not admissible as digital evidence as they can be fabricated in any image editor
h. The digital trail and timestamp must be of the category that cannot be altered or tempered by your for your undue advantage
6. Upon receiving the all the necessary details in required format, it will be forwarded to the moderation team and they will investigate each individual issue for its validity and genuineness.
7. During investigation, our audit team will look at all the information and evidence provided by you to make a fair assessment.
8. Our investigation and audit team may get in touch with you and your team for further information. You will have to cooperate with our team as required for speedy resolution of the issue.
9. In case we find that there is an infringement, we will remove or disable links or references to an online location that contains infringing material or infringing activity.
10. In case there is no infringement, you may be subject to liability for knowingly making any misrepresentations on a takedown notice. Kindly send all the written communication to: info@HCPFORUM.com.
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.