2. Security. OpenCME has implemented technical and administrative security features to prevent the unauthorized release of or access to personal information. Your use of certain portions of this Site requires that You register with a valid, working e-mail address. You are liable for the accuracy of the information that You supply to OpenCME during the registration process, including, but not limited to, your identity and credentials as a medical doctor. You agree to be solely responsible for the confidentiality and use of your user information, as well as for any activities or communications entered through this Site using your user name and password. You agree to immediately notify OpenCME of any unauthorized use of your user name and password or any other breach of security. OpenCME cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. Links to Other Sites. OpenCME.org is an educational and informational service that provides You with access to materials and information that reside on sites not owned or controlled by OpenCME. Certain content on this Site, when viewed by You, may link You to sites not owned or controlled by OpenCME. OpenCME has no control over such third party sites and resources. You acknowledge and agree that OpenCME is not responsible for the availability of such sites or resources, and does not endorse and or review any content, advertising, products, services or other materials on or available from such sites or resources. Accordingly, OpenCME expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on such sites or resources. You agree that OpenCME shall not be responsible or liable for any loss or damage incurred by You as the result of any business dealings that You may have with any third party advertisers or web sites.
4. Links to OpenCME. You may include a link from your web site, forum, newsgroup, list serve, mailing list, electronic bulletin board, blog or wiki to this Site provided that your web site does not contain illegal, obscene or offensive content. Notwithstanding the foregoing, OpenCME reserves the right to demand that You remove any link on your web site that, in OpenCME’s sole view, would negatively impact on the reputation of OpenCME.
5. Code of Conduct.
You agree not to do any of the following:
6. Intellectual Property Rights. Certain content on this Site, when viewed by You, may link You to a third party website. OpenCME claims no proprietary rights to such content or third-party websites.
7. Copyright and Intellectual Property Agent for Notice. OpenCME provides access to materials owned by third parties. If You believe that any materials available through this Site infringe any copyright or other intellectual property interest, or otherwise should not be accessible through this Site, please provide to OpenCME’s Copyright and Intellectual Property Agent the following information:
8. Notices, Communications, and Electronic Signatures.When You visit the Site or send e-mails to OpenCME, You are communicating with us electronically. You consent to receive communications from OpenCME electronically and we will communicate with You by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that OpenCME provides to You electronically satisfy any legal requirement that such communications be in writing. To utilize some features of this Site, you must affirmatively agree to these Terms and Conditions.
9. User Submissions. OpenCME welcomes your feedback and suggestions about how to improve our products and services and this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "content") posted on or received through this Site, however, will be deemed to include a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license for OpenCME to, in whole or in part, adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and User hereby waives any claim to the contrary. Further, OpenCME is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications You may post on or send to this Site for any purpose whatsoever including, but not limited to, creating and marketing products and/or services using such information.
10. Events Beyond OpenCME's Control. Users expressly absolve and release OpenCME from any claim of harm resulting from a cause beyond OpenCME’s control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist acts, or governmental restrictions.
11. DISCLAIMERS. WHILE OPENCME ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, OPENCME MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON.
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE ON THIS SITE. OPENCME MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, AND FUNCTIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL OPENCME BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, MATERIALS, AND FUNCTIONS AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF OPENCME HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF OPENCME FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED $50.
12. Indemnity. You agree to defend, indemnify, and hold harmless OpenCME and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of this Site or any breach by You of this Agreement. OpenCME reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of OpenCME. You agree to cooperate as fully as reasonably required in OpenCME's defense of any claim.
13. Termination.OpenCME reserves the right at any time and for any reason to deny You access to this Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
14. Governing Law. This Site is controlled by OpenCME from its offices within the United States and can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access this Site may differ, by accessing this Site both You and OpenCME agree that this Agreement will be construed and enforced in accordance with the statutes and laws of the State of New York, without regard to choice of laws principles. Any action to enforce this Agreement will be brought in the federal or state courts presiding in the State of New York, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. OpenCME makes no representation that materials on this Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.
16. Effective Date and Changes to Agreement. The foregoing Agreement is effective as of October 1, 2009. OpenCME reserves the right to change this Agreement at any time by notifying Users of the existence and location of the new or revised Agreement. Your continued use of this Site, or an applicable, affirmative assent, after notice of a change shall constitute your acceptance of any such changes to this Agreement.
1. Collection of Personal Information from Users of the Sites.
Actively Submitted Data: When you subscribe for a service, register as a member, respond to an online survey, request information or otherwise actively send us data or communicate with us, we may collect data such as your name, e-mail address(es), mailing address(es), telephone number(s), certain information related to your profession (e.g., specialization, education, position, etc.), and other personal profile data. In connection with chargeable services, if any, or if we compensate you for services, we will also collect payment information (e.g., credit card number and related verification information). In each such instance, you will know what data we collect, because you actively submit it. Also, we clearly label which data is required and which data is optional.
Passively Tracked Data: When you visit our websites, we may also passively track information on your computer and Internet connection, such as such as the IP address of your computer and/or Internet service provider, the date and time you access our websites, the Internet address of websites from which you come to our websites, the Web browser and operating system you are using, and your movements and preferences on the Sites or Survey.
Combined Data: Unless you also actively submit personal information such as your name or address, passively tracked data does not typically allow us to identify you personally (even though it can theoretically be done, we do not have the means or an interest to find out who you are unless you identify yourself voluntarily through an active submission of data). However, to the extent permitted by applicable law, we reserve the right to combine passively tracked data with personal data that you actively submit.
2. Continuing Education.
In order to apply for credit for a Continuing Education activity through OpenCME, we may require certain personal information from you such as your name, postal address and email address. OpenCME may also collect aggregated (non-personally identifiable) information about the activities undertaken by our users. We may use the information that we collect through CME/CNE/CPE activities in a number of ways:
a. In accordance with ACCME regulations, OpenCME provides personally identifiable information about you and credits issued to you to the accredited CME/CNE/CPE providers who certify CME/CNE/CPE activities posted on our web Site. The purpose of these reports is to maintain records that you can request from the accredited provider for up to six years;
b. Only aggregated data will be provided to commercial supporters of CME/CNE/CPE activities on OpenCME. In addition, only such information that is relevant to their interests and/or programs that they support will be provided;
c. Internal OpenCME editorial and customer support staff have access to files containing personal information, including evaluation forms and aggregated CME/CNE/CPE participant information. These files can be accessed in order to respond to user questions or comments. Our staff will only use aggregate information and evaluation data in assessing educational needs and planning marketing activities. Personally identifiable information will not be used for this purpose. Users who apply for CME/CNE/CPE credits may choose to have OpenCME remember their personal information for future visits. In this case, OpenCME will record the supplied information in a secure encrypted cookie on the user's hard drive. When applying for credit for subsequent programs, OpenCME will recognize the user by the Internet cookie and pre-fill contact information fields in the submission form.
3. Use of Personal Data Collected.
Actively Submitted Data: We collect actively submitted data primarily for the internal purposes of identifying you, in order to verify that you are eligible to use our websites, or, for example, to participate in a survey; personalizing your experience; providing you with information (e.g., news to which you have subscribed, educational materials, etc.); contacting you for marketing and promotional purposes (e.g., to advise you of new services or enhancements to existing services including but not limited to continuing medical education or sponsored marketing programs, to communicate updates on products that we believe you are interested in, or to invite you to participate in market research surveys); fulfilling honoraria requests; and creating studies and reports with aggregate information (i.e., without identifying you personally or disclosing any of your personal information) for our clients and others that are interested in doing business with us.
Passively Tracked Data: We collect passively tracked data primarily for the internal purposes of administering and protecting our websites and our systems; identifying server problems; compiling aggregated statistics about site usage; analyzing trends, in order to better understanding the preferences of our visitors, ultimately so that we may know where to invest our ongoing development, creative and editorial efforts, and for promotional and marketing purposes.
4. Sharing of Information.
We are not in the business of selling or renting your information to telemarketers and do not share your personally identifiable information with others, except as follows.
Legal Rights: We may share your information as required by law or in the interest of protecting or exercising your or our legal rights, e.g., in connection with requests from law enforcement officials and in connection with court proceedings. We may share or transfer your information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business. Also, we reserve the right to fully use and disclose any information that is not in personally identifiable form or which you publish without any restrictions (for example, name and business address of doctor’s office and related professional information on specialization and expertise.
Affiliates: We may share your personal information within the DocGuide network of partners, which all have similar privacy policies as described in this Statement.
Agents and Service Providers: We may share your personal information with agents and service providers who use the data only on our behalf and for our purposes under confidentiality agreements.
3rd Parties: Typically, only aggregated data will be provided to 3rd parties, and only such information that is relevant to programs they support will be provided. However, to the extent that a 3rd party may already have personally identifiable information about a user, we may inform the 3rd party as to whether that user did or did not participate in any of its sponsored programs.
Your request or consent: At your request or with your consent, we may share and use data differently, for example to facilitate communications and services between you and a third party. In all such instances the information to be released to the third party will be explicitly noted to you. Where information is shared with a third party in response to an express request from you, the use of the shared information by such third party is subject to the third party’ privacy practices. We expressly disclaim any liability for the use of your information by such third party.
5. Opt-Out Right and Updating Account Information. If you would like to opt-out of receiving promotional emails from us, please click here. Please note that our clients, affiliates and other third parties have their own data privacy policies, which may differ from ours. You will have to contact them separately if you would like to opt out of their communications.
If personal information you have submitted through the Site is no longer accurate, current, or complete, and you wish to update it, you may do so by contacting us via e-mail at the address specified below (Section 7). Upon appropriate request, we will update or amend your information, or provide you with access, but we reserve the right to use personal information obtained previously to verify your identity or take other actions that we believe are appropriate, including charging administrative fees.
6. Collection of Personal Data from Children. We do not knowingly solicit information from children and we do not knowingly market the Sites or any goods or services to children. No one under the age of 13 should submit any personal information to OpenCME.