IMPORTANT! PLEASE READ CAREFULLY.
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website www.thephysiciansforum.com. By using our Website you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
The terms “us”, “we”, and “our” refer to The Physicians Forum LLC, the owners of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
Acceptance of Agreement
This Agreement is between you and The Physicians Forum LLC.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BEING BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and The Physicians Forum and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Amendment of Terms
The Physicians Forum reserve the right to change, modify, add or remove portions of these terms at any time without prior notice or user’s consent. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavor to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern you and The Physicians Forum rights and obligations to each other.
You can browse our website without registering for an account. But to use some of the website functions, you’ll need to register, choose an account name, and set a password. Your account is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. If necessary, we may ask you for proof of age.
When you complete the registration process, you will receive a password that will allow you to access our Website. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Membership, Cancellation and Refund Policy
- Membership to The Physicians Forum is annual and renewable on an annual basis.
- Cancellation for any membership dues, service packages paid to The Physicians Forum requires 10 days written notice (postmarked) from point of sale. Electronic written notice must come from member’s email address on file or letter addressed to our mailing address noted on the “contact us” page (mail or email email@example.com) Refund will be limited to dues paid, less any benefits given.
- No refund given after 10 days. In the event a member is paying monthly, the cancellation fee is the lessor amount of $250 or the remaining amount due for the annual due of their membership level.
- Initiation fee is non-refundable
- 24 hour notice required for all services requested by TPF
- Events scheduled, organized, and planned by The Physicians Forum may be cancelled at any time and for any reason they deem necessary
Representations and Warranties
You represent, warrant and covenant (a) that no materials of any kind submitted by you for The Physicians Forum’s use thereof in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material or reflect unlawful activities; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement.
The Physicians Forum grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, noncommercial purposes, unless otherwise provided in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You may not assign any of these rights in the Terms and Conditions, but The Physicians Forum can freely assign or delegate it’s rights and obligations to any party without notice or consent.
Prohibited Use of Site
- You shall not post any Member Content which contains nudity or is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals on The Physicians Forum .
- You agree not to use vulgar, abusive or hateful language. The Physicians Forum does not endorse the opinions of any user as they may appear through that user’s submitted User Content. You acknowledge that any Submissions (e.g. site questions, feedback) may be reproduced, published, transmitted and displayed by The Physicians Forum in any manner
- use the Website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
- use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, ac-quire, copy, or monitor any portion of the Website or any data or content found on or accessed through the Website without prior express written consent;
- obtain or attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;
- in any way bypass or circumvent any other measure employed to limit or pre-vent access to the Website or its content;
- violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with this Website, through hacking, password mining or any other means;
- interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website;
- take or attempt any action that, in the sole discretion of this Website’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or such operation’s infrastructure.
The User grants to The Physicians Forum the non-exclusive right to use all material entered into the Website by the User (other than third-party material transmitted through private electronic mail) in any of The Physicians Forum ‘s print or electronic publications (“Other Content”).
Users entering material into the Website are responsible for the Other Content. Neither the website nor The Physicians Forum has any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Website. However, the website retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete other Content that the website deems to be illegal, offensive, or otherwise inappropriate.
You may not input or distribute any material through the Website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of the website.
The User agrees to indemnify the website and The Physicians Forum from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that the website, The Physicians Forum, their affiliates, employees, and authorized representatives may incur as a result of either: (I) the User’s breach of this Agreement; or (II) material entered into the Website with the use of the User’s screen name or password.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
We may disclose any content or electronic communication of any kind to satisfy any law, regulation or government request.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and The Physicians Forum.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of The Physicians Forum.
Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
You agree that any content, information, feedback, questions, comments and/or submissions to The Physicians Forum that you provide to us in connection with The Physicians Forum (“Submissions”) will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
The Physicians Forum may receive usual and customary marketing fees from our partners and affiliates for marketing, administration and consulting services.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.
The Physicians Forum reserves the right in our sole discretion to change any Content, software, and other items used or contained in our Website or Services at any time without notice. Reference to any services, processes, or other information by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith by our Website, by third parties, or by any of the equipment or programming associated with or utilized by our Services.
All of the benefits offered by The Physicians Forum are outsourced and handled by third-parties (travel arrangement, babysitting services, virtual assistance, personal assistance, etc). IN NO EVENT SHALL EITHER THE PHYSICIANS FORUM OR ITS OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE SERVICES WE PROVIDE YOU, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
To the fullest extent permitted by law, The Physicians Forum absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. The Physicians Forum gives no warranty that the documents, services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses, downtimes or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
In other words, the site should work as designed, but no guarantee of that to any user. If the site fails to deliver emails, or mixes them up and sends to wrong party, etc., whatever happens to your inputs as a user, you hereby acknowledge that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
You understand that any recipient of The Physicians Forum content based upon your actions are solely your responsibility and any negative outcomes from the recipient(s) are yours to bare and do not reflect upon The Physicians Forum. You agree to indemnify The Physicians Forum and any of its associations or affiliates from any financial damages, lawsuits (civil or otherwise) due to your own actions on this web site. You agree that if and when you use our website The Physicians Forum has the rights given by you to submit any and all information concerning your post to lawful authorities if requested by law enforcement. No warrant is necessary other than a verbal request by law enforcement and the final decision of The Physicians Forum.
Use of Information
You agree to use our Website as yourself, with your own ID and password and not represent any other user other than yourself.
The Physicians Forum , as a rule, does not interfere with, modify or otherwise change your data prior to delivery to any recipient, however, your data including all of your data with each and every The Physicians Forum content sent or going to be sent in the future is the property of The Physicians Forum and can be reviewed, stored and used for the purposes known only to The Physicians Forum and any affiliates it may choose. The Physicians Forum is under no obligation to extract any data from the database of The Physicians Forum for the purposes of defending (or otherwise) in the court of law any user or users of this web site. You agree and submit that The Physicians Forum has the full rights to analyze any and all data that you willfully place onto the web site and you give your permission to The Physicians Forum to use for any purpose these data at the sole discretion of The Physicians Forum.
The Physicians Forum reserves the right, but does not have the obligation, to monitor your use of this site and to restrict or terminate your use of the site or modify or remove any information found on the site for any reason whatsoever in our sole discretion.
All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively ‘Submission’) is considered assigned to us and is our property. We will not be required to treat any Submission as confidential, nor be liable for any ideas (including without limitation service, or advertising ideas), and will not incur any liability as a result of any similarities that may appear in our future services, or operations.
Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit and have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information. You will not attempt to reverse engineer The Physicians Forum website, any portion of it or try to reverse engineer the programming code.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon our request.
Links to Other Website
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
If The Physicians Forum gets sued by any of your recipients, you will defend and indemnify The Physicians Forum from all claims, actions, damages, losses, liabilities, costs, expenses of whatsoever kind or nature, including without limitation attorney’s fees and litigation costs and expenses incurred by The Physicians Forum as a direct result of any breach by you of these Terms and Conditions, or arising out of or about your willful or accidental misconduct, negligent or fraudulent use of this website.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, and our Service will be settled solely by arbitrator chosen by The Physicians Forum .
The binding arbitration will be conducted in Miami, Florida, and judgment on the arbitration award will be final.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Miami, Florida, and will be governed by and construed in accordance with the laws of the state of Florida without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
These Terms and Conditions, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and The Physicians Forum with respect to your access and use of The Physicians Forum and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and The Physicians Forum with respect to The Physicians Forum and its services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The Physicians Forum may assign these Terms and Conditions (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of The Physicians Forum or (iii) in connection with the sale of The Physicians Forum or the business unit associated with it.
How to Contact Us
If you have any questions or comments about this Terms and Conditions or if you would like us to update information we have about you or your preferences, please contact The Physicians Forum LLC at: firstname.lastname@example.org