GPCA Website Terms And Conditions For Use

1. INTRODUCTION.

These Terms and Conditions (“Terms and Conditions”) contained herein, shall govern your use of the Georgia Primary Care Association’s (“GPCA”) online Portal (“Portal”). These Terms and Conditions apply in full force and effect to your use of this Portal and by using this Portal, you expressly accept all Terms and Conditions contained herein in full. You must not use this Portal, if you have any objection to any of these Terms and Conditions.

2. INTELLECTUAL PROPERTY RIGHTS.

Other than content you own, which you may have opted to include on this Portal, under these Terms and Conditions, GPCA and/or its licensors own all rights to the intellectual property and material contained in this Portal, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms and Conditions, for purposes of viewing the material contained on this Portal.

3. ACCEPTABLE USE.

As a condition of your use of the Portal, you must comply with the Acceptable Use Policy and must not engage in any illegal or prohibited activity.

4. RESTRICTIONS.

You are expressly and empathetically restricted from the following:

(a) publishing any Portal material in any media;
(b) selling, sublicensing and/or otherwise commercializing any Portal material;
(c) publicly performing and/or showing any Portal material;
(d) using this Portal in any way that is, or may be, damaging to this Portal;
(e) using this Portal contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Portal, or to any person or business entity;
(f) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Portal, or while using this Portal;
(g) using this Portal to engage in any advertising or marketing.

Certain areas of this Portal are restricted from access by you and GPCA may further restrict access by you to any areas of this Portal, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Portal are confidential and you must maintain the confidentiality of such information.

5. ACCOUNT, PASSWORD AND SECURITY.

If any part of the Portal requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will also be required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify GPCA immediately of any unauthorized use of your account or any other breach of security. GPCA will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by GPCA or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

6. DOCUMENTS AVAILABLE FROM THE PORTAL.

Permission to use documents, such as help topics, white papers, datasheets and FAQs (collectively, “Documents”), that are made available on the Portal is granted, provided that: (a) you do not remove or obfuscate any copyright notice; (b) the copyright notice must appear in all copies, together with the content of this permission notice; (c) use of the Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and (d) no modifications of the Documents are made. Use for any other purpose is expressly prohibited by law, and may result in civil or criminal penalties.

Documents specified above do not include the design or layout of the Portal. Elements of the Portal are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Portal may be copied or retransmitted unless expressly permitted by GPCA.

GPCA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS FOR ANY PURPOSE. THE DOCUMENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. GPCA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

7. YOUR CONTENT.

In these Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Portal. With respect to Your Content, by displaying it, you grant GPCA a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. GPCA reserves the right to remove any of Your Content from this Portal at any time, and for any reason, without notice.

8. USE OF COMMUNITIES.

If this Portal contains bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities (collectively, “Communities”), you agree to use the Communities only to send and receive messages and material that are proper and related to the particular Community. By way of example, and not as a limitation, you agree that when using a Community, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Advertise or offer to sell any goods or services for any commercial purpose. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communities. GPCA the right to terminate your access to any or all of the Communities at any time without notice for any reason whatsoever.

GPCA has no obligation to monitor the Communities. However, GPCA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GPCA’s sole discretion.

You acknowledge that all Communities are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information in any Community. GPCA does not control or endorse the content, messages or information found in any Community and, therefore, GPCA specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Forum managers and hosts are not authorized GPCA spokespersons, and their views do not necessarily reflect those of GPCA.

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Portal, you are granting GPCA permission to:

Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

9. LIABILITY DISCLAIMER.

The information, software, products, and services included on this Portal may include inaccuracies or typographical errors. Changes are periodically added to the information herein. GPCA and/or its respective suppliers may make improvements and/or changes in this Portal at any time. Advice received via this Portal should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

GPCA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS PORTAL FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. GPCA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL GPCA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS PORTAL, WITH THE DELAY OR INABILITY TO USE THIS PORTAL, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS PORTAL, OR OTHERWISE ARISING OUT OF THE USE OF THIS PORTAL, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GPCA OR ANY OF ITS SUPPLIERS 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 TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS PORTAL, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS PORTAL.

10. INDEMNIFICATION.

You hereby indemnify to the fullest extent GPCA from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions.

11. SEVERABILITY.

If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

12. VARIATION OF TERMS.

GPCA is permitted to revise these Terms and Conditions at any time as it sees fit, and by using this Portal you are expected to review such Terms and Conditions on a regular basis to ensure you understand all Terms and Conditions governing use of this Portal.

13. ASSIGNMENT.

GPCA shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions.

14. ENTIRE AGREEMENT.

These Terms and Conditions, including any legal notices and disclaimers contained on this Portal, constitute the entire agreement between GPCA and you in relation to your use of this Portal, and supersede all prior agreements and understandings with respect to the same.

15. GOVERNING LAW & JURISDICTION.

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Georgia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Georgia for the resolution of any disputes.