1. Your Acceptance of this Agreement.
Please read this Agreement carefully. Your access to and use of the Site constitutes your acceptance of this Agreement. CPR may modify or supplement this Agreement at any time as it deems appropriate, and your continued or subsequent access to and use of the Site constitutes your acceptance of such modified or supplemented Agreement.
2. Public Nature of Site.
The Site is a public site. All of the content on the Site, including data posted by users, are available to the public and anyone who visits the Site. CPR is not liable for any damages, intended or unintended, which may result from content posted by Users of the Site.
3. Ownership of the Site.
As used in this Agreement, the term “Site” includes all content and aspects of the Site collectively and individually, including, without limitation, all trademarks, text, graphics, material, images, information, data, video, audio, buttons, design lay-out and arrangement, and all software and services comprising the Site. Except for the content submitted by users, the Site along with all intellectual property and other rights therein is the sole and exclusive property of CPR or its licensors. CPR shall have a perpetual, nontransferable, license to use, copy, modify, and prepare derivative works of User content, documents and other submissions. Users’ only rights in and to the Site are the limited license rights provided pursuant to this Agreement. All other rights are expressly reserved.
4. License Rights.
Subject at all times to this Agreement, CPR hereby grants Users a limited, revocable, non-transferable and non-exclusive right and license to: (a) access and use the Site by displaying it on your Internet browser only for the purpose of reviewing information about CPR and Compendium entry programs, research, and publications; and (b) print copies of the content on the Site solely for your personal, noncommercial use so long as you (i) include all copyright and other proprietary rights notices and disclaimers that are contained in or on such content, and (ii) do not modify or alter the content in any way. Your license rights are personal to you and you may not make any commercial use of the Site or use the Site on behalf of any third party unless CPR expressly agrees to such use in advance and in writing. CPR may terminate this license at any time and for any reason with or without notice to you. Any use of the Site not expressly authorized in this Agreement is a breach of this Agreement and may violate intellectual property and other laws. Without limiting the generality of the foregoing, you agree that:
A. Your use of the Site will be for lawful purposes only in full compliance with all applicable local, national, and international laws, rules and/or regulations.
B. Except as otherwise expressly provided in this Agreement, you will not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site.
C. You will not use with or launch or upload to the Site any automated program, system or routine that may in any way be harmful to the Site or in any way interrupt, destroy, limit or otherwise affect the functionality or security of the Site or any computers, networks and other hardware and software connected thereto or used therewith, including, without limitation, any bugs, viruses, worms, trap doors, Trojan horses, robots, or spiders.
D. You will not collect or harvest any personally identifiable information of others from the Site.
E. You will not submit any misleading information about yourself (such as a false email address) or otherwise impersonate any other person while using the Site.
The list above is not exhaustive. CPR reserves the right to monitor your use of the Site and terminate your rights under this Agreement at any time, for any reason. Upon any termination of this Agreement, you shall immediately (a) cease all access to and use of the Site and (b) destroy any copies you have made of any content posted on the Site and any portions thereof. In the event of termination of this Agreement, CPR may, in addition to any other legal or equitable remedies, immediately deny your access to and use of the Site in whole or in part.
5. Disclaimer of Warranties; Liability of Liability.
Your use of the Site is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AVAILABLE ON THE SITE) AND ANY TRANSACTIONS CONDUCTED VIA THE SITE ARE PROVIDED BY CPR “AS IS” AND “WITH ALL FAULTS.” CPR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, TITLE AND FITNESS FOR PARTICULAR PURPOSE. THE SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. CPR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) COMMENTS OR DOCUMENTS SHARED IN ERROR BY USERS (B) ERRORS, MISTAKES OR INACCURACIES ON THE SITE, (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE SITE, (D) ANY UNAUTHORIZED ACCESS TO OR USE OF CPR’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (F) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, WORMS, TRAP DOORS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (G) ANY ERRORS OR OMISSIONS IN ANY WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY WEBSITE POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. CPR DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CPR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CPR’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE FIVE HUNDRED DOLLARS ($500.00).
The above may not apply in jurisdictions that do not allow the exclusion of certain warranties or limitations of liability. Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action. Your remedies under this Agreement are exclusive and are limited to those expressly provided for herein.
6. Advertisements and Links.
The Site may contain links to other websites on the Internet that are owned and operated by third parties. You agree that CPR is not responsible for the availability or operation of, or content provided on or through, any such third party websites. CPR does not recommend and does not endorse the content, products or services on any third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You understand that you bear all risks associated with the use of third party websites and the content provided on or through such websites. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that CPR is not responsible for (a) the quality of third party products or services or (b) fulfilling any of the terms of your agreement with the third party seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that CPR is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
7. Use of the Site
You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials available via the Site ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means you are entirely responsible for all Content that you make available via the Site. CPR does not control the Content posted by third parties via the Site, and does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CPR be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Site.
In addition, you represent and warrant that you will not use the Site to do any of the following:
1. upload, post, transmit or otherwise make available:
a. any Content that infringes, misappropriates or otherwise violates any patent, trademark, trade secret, copyright or other contractual or proprietary right of any party;
b. any Content that is unlawful, threatening, abusive, harmful to minors (including any form of child pornography or indecent depictions of children), harassing, intimidating, tortuous, defamatory, vulgar, obscene, libelous, defamatory, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
c. any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, any private information of any third party, Content you did not create or Content that you did not have permission to post);
d. any unsolicited communications or advertising not authorized by CPR, promotional materials or any other form of solicitation for any type of information; or
e. any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2. obtain any information or Content from the site using any robot, spider, scraper or other automated means for any purpose;
3. take any action that imposes or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
4. intentionally or unintentionally violate any applicable local, state, national or international law;
5. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; or
6. collect or store personal data, including email addresses or data about other users in connection with the prohibited activities described in this paragraph.
By posting Content to the Site you authorize and direct CPR to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Site.
The Site and the Content may include security components that permit digital materials to be protected and you agree that use of these materials is subject to usage rules set by CPR or the providers of the Content. You shall not attempt to override or circumvent any of the usage rules embedded in such security components.
The Site may contain, or third parties may provide via the Site, links to third party websites or resources. CPR has no control over such Sites and resources, and you agree that CPR is not responsible for the availability of such external Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such Sites or resources.
CPR may modify, discontinue or suspend any portion of the Site, temporarily or permanently at any time. CPR shall not be liable to you or to any third party for any modification, discontinuance or suspension of the Service.
You agree to defend, indemnify, and hold CPR, its affiliates, and their respective directors, officers, employees and agents harmless from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, or alleged to arise out of: (a) your violation of this Agreement; (b) your use of the Site or any content made available on the Site; (c) any transactions conducted via the Site; or (d) your violation of any third party right, including, without limitation, any copyright, privacy or property right. The obligations under this Section 8 will survive this Agreement and your use of the Site.
You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal or parental guardian consent, and are fully able and competent to enter into this Agreement, and to abide by and comply with this Agreement.
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and CPR by your use of the Site. Neither this Agreement nor any rights or licenses granted hereunder may be transferred or assigned by you, but may be assigned by CPR without restriction. This Agreement is for the benefit of CPR, its subsidiaries, affiliates and third party website providers and licensors, and each shall have the right to assert and enforce this Agreement directly or on its own behalf.
No right or remedy of CPR is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised by CPR concurrently or separately from time-to-time.
1. Public Nature of Site.
The Site is a public site. All of the content on the Site, including comments provided and documents posted by users, are available to the public and anyone who visits the Site. CPR is not liable for any damages, intended or unintended, which may result from content or documents posted by Users of the Site. In addition, Users who post comments and documents should be aware that other Users are free to post feedback about the comments and documents. CPR is not liable for any such feedback on the Site.
Catalyst for Payment Reform
c/o Pacific Business Group on Health
221 Main Street Suite 1500
San Francisco, CA 94105
Attention: Spencer Sherman
2. How Information is Collected.
CPR collects information from and about you in a number of different ways via the Site.
(a) Registration. In order to enter a payment reform program, you must first register your name and contact information as a “program sponsor” or a representative of a program sponsor.
(b) Automatically Generated and Collected Information. In addition to information that you volunteer as described above, the Site utilizes technologies to collect information and track your user experience. Such information includes, but is not limited to, the Internet URL from which you access this Site, your Internet Protocol (“IP”) address, the pages and files you visit on this Site, and the date and time of your visit to the Site. CPR uses this information to generate aggregate reports which summarize traffic on the Site and enables CPR to improve the Site and its usability. CPR also tracks contributions, in the form of documents, comments and content rating made on the Site by individual users.
(d) Age. CPR respects the privacy of children and will not knowingly or intentionally collect personal information from children under the age of thirteen. If you are under the age of thirteen, do not, under any circumstances, submit any personal information to us.
Generally, CPR collects the above information (a) to process transactions, including additions and changes to compendium entries (b) to improve the content of the Site and services offered via the Site, and (c) to communicate with users regarding the Site, issues and activities of importance to CPR.
In the event CPR uses your email address to communicate with you, it will provide you with the option to unsubscribe or opt out of future emails.
CPR will not sell, rent, trade, license or otherwise disclose your specific personal information to anyone, except that: (a) CPR must disclose your name and credit card information to financial services and credit card processing companies in order to process registrations for conferences, webcasts and meetings; (b) CPR may be required to disclose such information in response to a legal process, order or investigation (for example, a subpoena or court order); (c) CPR may disclose personal information where disclosure is necessary to protect its legal rights or to protect itself or others (for example, in order to reduce the risk of fraud or other illegal activities); (d) CPR may acquire, merge with or be acquired by another company or it might sell some or all of its assets and, in such case, CPR may disclose your personal information to another company; and (e) CPR may share with third parties personal information of registrants of CPR-sponsored events, programs and projects (including, without limitation, webcasts, online discussions conferences and meetings). CPR may sell, rent, trade, license, use and disclose non-personal information and aggregate information to third parties, so long as such information does not identify you or any user.
3. Opt-Out and Corrections.
Upon your request, CPR will (a) correct or update your personal information and/or (b) stop sending emails to your email address. These requests should be directed to:
Catalyst for Payment Reform
c/o Pacific Business Group on Health
221 Main Street Suite 1500
San Francisco, CA 94105
Attention: Spencer Sherman
4. Applicability and Revisions.