1.3. NATIONWIDE reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately. Your continued use of the Site or Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by NATIONWIDE as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
1.4. The Service is directed to healthcare professionals only and is not directed to individuals under the age of 18. You must be 18 years of age or older to use the Service. NATIONWIDE does not permit registration by and will not knowingly collect personally identifiable information from anyone under 18. By registering for the Service, you represent and warrant that you are 18 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Service ("Member"). Creating a Member account under automated means or under false or fraudulent pretences constitutes unauthorised use of the Service and such accounts will be terminated by NATIONWIDE.
1.5. By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information. The profile that you compose upon registering for the Service (the "Member Profile") must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you. If you wish to view or change your profile, you can do so via the "my profile" option on the site.
1.6. You agree to pay the Subscription Fees and any other charges incurred in connection with your username and password at the rates in effect when the charges were incurred. If you've elected to pay by credit card, we will bill all charges to your credit card upon receipt of subscription form.
1.7. If you believe someone has accessed the Site using your username and password without your authorisation, you must contact Physicians League.com using the information located under "Contact Us".
1.8. If you are authorised to access Physicians League.com through arrangements between your employer and us, some or all of these "Fees and Payments" terms may not apply to you. Please contact your employer for details.
1.9. We will make all reasonable attempts to contact you when your subscription is due to expire, and offer a simple process for renewing your subscription. If your subscription expires before you accept our renewal offer, your access to the Service and all of its services will terminate without additional notice. Any special offers or discounts obtained upon your initial subscription or any subsequent renewals may not necessarily be offered on renewal, and we reserve the right to change our subscription fees at any time without notice.
2. Use of Content
2.1. The Service provides general medical-related information only and does not constitute legal advice.
2.2. You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material of NATIONWIDE (collectively, the "Content") that is protected by copyright, trademark or other proprietary rights of NATIONWIDE or third parties. All Content on the Service is copyrighted as a collective work of NATIONWIDE as per applicable copyright law. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, non-commercial use.
2.3. You may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material, in whole or in part. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Service or the Content, including features that prevent or restrict use or copying or those that enforce limitations on use.
2.4. You are NOT allowed to DOWNLOAD or copy and make any personal, non-commercial or commercial use of the Content or information from the Site in whole or in part without the express permission of NATIONWIDE. Requests for such permission should be made to firstname.lastname@example.org. Any rights not expressly granted herein are reserved. Please be advised that NATIONWIDE enforces its intellectual property rights to the fullest extent of the law.
2.5. It is your responsibility to check the accuracy or relevant facts and opinions given on the Site before entering into any commitment based upon them.
3. Rules of Conduct
3.1. If you have purchased a subscription, the log in credentials are personal to the individual named on the account and cannot be shared with or used by any other individual, or entity. Subscribers CANNOT change the authorised person on the subscription account during the valid subscription period. The sharing of passwords, login information, or user identification is forbidden. NATIONWIDE reserves the right to monitor Customer's use of the Service to ensure compliance with this Agreement and prevent fraudulent use. Such monitoring of use may include but will not be limited to determining whether or not the Service is accessed under the account from multiple sources or IP Addresses.
3.2. The following is an incomplete list of illegal and prohibited uses of the Service. NATIONWIDE may investigate any illegal and/or unauthorised use of the Service and appropriate legal action may be taken, including without limitation, termination of your right to access the Service, and civil, criminal, and injunctive redress. While utilizing the Service, you may not:
- use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
- post on the Service any links to any external Internet Site or mobile applications that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
- use any robot, spider, Site or mobile application search and/or retrieval application, or other device to retrieve or index any portion of the Service;
- reformat or frame any portion of any web page that is part of the Service;
- post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- submit any Material that falsely implies sponsorship of that Material by the Service and/or NATIONWIDE, falsify or delete any author attributions in any Materials, or promote any information that you know is false or misleading;
- transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Service;
- submit Material that violates the rights of others, such as Material that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user, by linking or any other method, to the content of a third party without the third party's written consent;
- promote an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
- submit material that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful or promotes or encourages illegal activity.
4. Managing Content
4.1. NATIONWIDE reserves the right to delete, move or edit any Content (including Material posted in any interactive area of the Service) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. However, NATIONWIDE does not and cannot review all of the Content posted by users on the Service and is not responsible for such Content. You shall remain solely responsible for all Material. Although NATIONWIDE reserves the right to remove any offending Content on the Service, you understand and agree that you nonetheless may be exposed to such Material and that you further waive your right to any damages (from any party) related to such exposure.
4.2. Additionally, NATIONWIDE shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
5. No Endorsement
5.1. NATIONWIDE does not represent or endorse the accuracy or reliability of any Content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of NATIONWIDE.
5.2. The Service may contain links to Site or mobile applications on the Internet which are owned and operated by third parties (the "External Site or mobile applications"). You acknowledge that NATIONWIDE is not responsible for the availability of, or the content located on or through, any External Site or mobile application. You should contact the Site or mobile application administrator or webmaster for those External Site or mobile applications if you have any concerns regarding such links or the content located on such External Site or mobile applications.
You agree to indemnify, defend and hold NATIONWIDE and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "NATIONWIDE Parties") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys' fees) incurred by any NATIONWIDE Party in connection with any Material or with use or alleged use of any Content or the Service, including any use under your password by any person, whether or not authorized by you. NATIONWIDE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with NATIONWIDE's defense of such claim.
7. Termination of Service
NATIONWIDE reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your membership of the Service at any time, for any reason, by emailing NATIONWIDE at email@example.com. Once your membership terminates, you will have no right to use the Service. The terms of this Agreement shall survive any termination of your membership. NATIONWIDE may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
8. Copyright Policy
You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please contact the website administrator at firstname.lastname@example.org with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the website; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf.
9. Disclaimer of Warranties; Limitation of Liability.
9.1. NEITHER NATIONWIDE NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE CONTENT OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES NATIONWIDE, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF NATIONWIDE, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER NATIONWIDE NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the Content is assumed solely by you. You specifically acknowledge that NATIONWIDE is not responsible or liable for any unauthorized access to or alteration of your Materials, data or other transmissions entered into through the Service or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another's rights.
Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using the Service. Consult your physician prior to using the Service if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the Service immediately if you experience any such symptoms.
9.2. NEITHER NATIONWIDE, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE Site, or Site-RELATED SERVICES, AND/OR HYPERLINKED WEB Site IS TO STOP USING THE Site AND/OR THOSE SERVICES.
Some of the pages on the Site include links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Except for NATIONWIDE-owned links, NATIONWIDE is not responsible for the content of these internet Sites.
While efforts have been taken to ensure that the pages on the Site are free from viruses, NATIONWIDE gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.
NATIONWIDE excludes, in so far as it is legally responsible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of NATIONWIDE or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:
- The pages on the Site or any other Internet Site or mobile applications;
- Any material downloaded from the Site or any other Internet Site;
- Any publication, product or service
12. Intellectual Property
The names, images and logos identifying PHYSICIANS LEAGUE, NATIONWIDE or third parties and their products and services, are the proprietary marks of NATIONWIDE, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and NATIONWIDE reserves all rights to enforce such rights that it might have.
13.1. The Site or mobile application has been created with Indian users in mind and therefore its content may not be appropriate or lawful outside of INDIA. Users from outside of INDIA should therefore verify for themselves whether or not it is appropriate for them to access the Site or Services.
13.2. Entire Agreement
This Agreement sets forth the entire agreement between you and NATIONWIDE with respect to the Terms & Condition of Use (TOU) mentioned here and shall supersede all prior understandings or agreements, whether oral or in writing, between you and NATIONWIDE as regards to the subject matter herein.
13.3. Jurisdiction of Disputes
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH LAWS OF INDIA. ANY DISPUTE ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, WHICH CANNOT BE SETTLED AMICABLY BETWEEN YOU AND NATIONWIDE WITHIN 30 DAYS FROM THE DATE OF A NOTICE OF DISPUTE FROM ONE PARTY TO THE OTHER, SHALL BE REFERRED TO AN ARBITRATION OF THE SOLE ARBITRATOR TO BE APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF ARBITRATION AND CONCILIATION ACT, 1996. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH AND VENUE SHALL BE BANGALORE. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE SUBJECT TO THE EXCLUSIVE JURSIDICTION OF THE COURTS IN BANGALORE, INDIA. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.