Last updated: February 16, 2010.
By subscribing to www.within3.com ("Site"), you agree to the following terms and conditions of access and use of the Site (hereinafter the “Services”). Please review the following terms and conditions carefully. By selecting “I Agree” below, or by using the Services, you agree to be bound to the following:
Acceptance of Agreement.
Account, Password, and Security.
To register and obtain an account, you must be a licensed physician or a research professional in the healthcare sector. Upon registration with Within3, you will receive a username, password, and account designation (the “Account”). User agrees to keep his/her password confidential so that no one else may access the Account and will notify Within3 immediately upon discovering any loss, theft or unauthorized use of the Account.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and all other matters related to the Site, including without limitation, the “look and feel” of this Site, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Within3 or our affiliates or content providers. You don’t have the right to use, copy, distribute, display, publish, transmit or create derivative works of any content or material on this Site except as expressly granted in the “Limited Right to Use” section of this Agreement.
All trademarks and tradenames used on this Site, including but not limited to Within3, are trademarks or registered trademarks of Within3 or its affiliates or other third parties. The copying, redistribution, use or publication by you of any such marks, except as expressly granted in the “Limited Right to Use” section of this Agreement, is strictly prohibited.
Limited Right to Use.
You may view, print or download any content, graphic, form or document from the Site so long as such activity is for your own personal and non-commercial use. You may not modify, copy, transmit, display, perform, reproduce, license, publish, distribute, assign, sublicense, sell, create a derivative work from or make other use of the content of this Site. No part of any content, form or document accessible at this Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. In no case may you resell, redistribute, or put to any commercial use, any content or information on this Site.
Your activities on the Site shall not: (a) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (b) contain or subject this Site to any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (c) create liability or cause Within3 to lose (in whole or in part) the services of its ISPs or other suppliers; (d) modify or alter any part of this Site, including, without limitation by (i) providing a link directly or indirectly to any other site from this Site or (ii) modifying or altering any material on this Site.
You may not use the Site in any manner that could damage, disable, overburden, or impair this Site or any network associated with this Site or interfere with any other parties use or enjoyment of this Site. You may not attempt to gain unauthorized access of this Site, any computer system or network connected to or affiliated with this Site through hacking, password mining or any other means. You may not attempt to obtain any materials or information through any means not intentionally made available at this Site.
This Site may contain e-mail services, bulletin board services, chat areas, newsgroups, and/or other message or communication facilities made available to you to communicate with others (“Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and do not violate any other term and conditions of this Agreement or applicable Law. By way of example only, you agree that you will not use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise); 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, obscene, indecent or unlawful topic, name, material or information; publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes; upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same; use any material or information, including images in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; download any file posted by another User of a Communication Service 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 Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; or harvest or otherwise collect information about others, including e-mail addresses.
It is the sole responsibility of Users to maintain the privacy of the information exchanged through this Site, whether they are directly disclosing this information through tools on this Site, contacting parties met during, prior to, or as a result of using the Services at this Site, or otherwise disclosing said information to any third party. Disclosing Users are liable for the consequences of their disclosure, and should seek authorization for the disclosure of medical information (especially personal, demographic, or identifying information regarding patients and/or research participants) PRIOR TO disclosing such information to other Users via Within3 or other means. Recipients of information are solely responsible for the reasonable protection and safekeeping of disclosed information, and Users of this Site agree to use all and any information that is disclosed to them only as it was intended by the disclosing User.
Service Provider Rights.
Within3 may immediately remove User’s material or information from Within3’s servers, in whole or in part, that Within3, in its sole and absolute discretion, determines infringe the proprietary rights of a third party, violates any of the terms of this Agreement, or is otherwise objectionable.
User acknowledges that Within3 may provide access to content supplied by third parties and other Users. Accordingly, User acknowledges that Within3 has no editorial control over such content. Any opinions, advice, statements, services, offers, diagnoses or other information or content expressed or made available by third parties, including other Users, are those of the respective author(s) or distributor(s) and not of Within3. It is the responsibility of Users to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services and to seek the advice of professionals and other sources, as appropriate, regarding the evaluation of any specific information, opinion, advice, diagnosis, treatment recommendation or other content.
Termination and/or Access Restriction.
Within3 reserves the right, in its sole discretion and judgment, and without liability of any kind to you, to terminate your access to the Site for any reason, at any time, without notice.
You represent and warrant that you possess the legal right and ability to legally obligate yourself to this Agreement. You represent and warrant that you will use this Site in accordance with this Agreement and all applicable professional and ethical standards and requirements and all laws and regulations. You represent and warrant that all information entered in the member registration profile is correct and complete, and that you will comply with your obligations as stated in this Agreement.
You agree to indemnify, defend and hold harmless Within3 and its officers, directors, consultants, employees, agents, partners, promoters, co-branders, licensors, suppliers, sponsors, and affiliates from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal, attorney, and accounting fees, resulting from, or alleged to result from, (a) your violation of this Agreement; (b) any activity related to your use of this Site by you or any other person accessing this Site using your account; (c) a breach of any of your representations, warranties, or agreements under this Agreement; (d) a violation of the intellectual property rights of any third parties; (e) content submitted, posted, transmitted or made available through your use or connection to this Site; and (f) any violation of any law related to confidentiality of patient health information, or any misconduct in connection with the use of this Site, including, without limitation, medical malpractice and the unauthorized practice of medicine.
Warranty Disclaimer and Limits of Liability.
ALL INFORMATION AND SERVICES PROVIDED FROM, AT OR THROUGH THIS SITE ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” TO THE MAXIMUM EXTENT PROVIDED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, ACCURACY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES PROVIDED AT THIS SITE MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. WITHIN3 SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICES PROVIDED AT THIS SITE.
IN ADDITION, IN NO EVENT SHALL WITHIN3 OR ANY OF ITS OWNERS, CONSULTANTS, EMPLOYEES, SUPPLIERS, SPONSORS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIAL CONTAINED IN OR ACCESSED THROUGH THIS SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WITHIN3 IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. IN NO EVENT IS WITHIN3 LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY’S ACTS OR OMISSIONS.
WHEN USING THIS SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF WITHIN3 AND THIS SITE AND THEIR SPONSORS AND SUPPLIERS. ACCORDINGLY, WITHIN3 ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THIS SITE.
YOU ACKNOWLEDGE THAT THIS SITE AND THE INFORMATION PROVIDED AT THIS SITE WOULD NOT BE PROVIDED WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION. IN NO EVENT WILL WITHIN3’S TOTAL CUMULATIVE DAMAGES EXCEED US$100.
Limitations on Information.
Reliance on the contents of this Site for any purpose by you is at your sole risk. All standards, specifications, technical discussions, and reports included on this Site are advisory only. Within3 is not responsible for any errors of any kind (typographical or otherwise). The contents of this Site is not intended to substitute your own clinical judgment as a healthcare professional. Prior to undertaking any treatment or counseling based on the contents of this Site, you should always exercise your professional judgment and confirm the truthfulness and reliability of said contents with sources not related to this Site.
The information available on this Site reflects the views of only the Users and any other authors exchanging information in any form via this Site and platform, or as a result of connection facilitated by this Site, and are not the views of Within3. These materials may discuss uses and dosages for therapeutic products that may have not been approved by the United States Food and Drug Administration, or a similar agency in your country and state of residence. Prior to treating, advising, or otherwise counseling patients, Users should first determine any restrictions or limitations their jurisdiction places on the use of any therapeutic product or treatment regimen shared by Users on this Site. It is the sole responsibility of each User to evaluate all information exchanged herein before prescribing new drugs or treatments, and all Users consent that they are to be held solely responsible for the consequences of their professional actions whether such actions are the product of discussions commenced herein or not. All Users should verify all information and data before treating patients or utilizing any therapies noted in this Site.
This Site may contain clinical tools, applications, and databases. The results of these tools, applications, and databases are not intended to be construed as a recommendations as to a particular treatment plan or medical diagnosis. Users employing these tools, applications and databases should always exercise their own clinical judgment in conjunction with consulting additional sources of information.
By submitting content and other data to the Site, you automatically grant to Within3, or warrant that the owner of such material has expressly granted to Within3, the royalty-free, worldwide, perpetual, irrevocable, assignable, non-exclusive right and license to use, publish and display such content and data on the Site solely in connection with the provision of Within3’s services as contemplated under this Agreement. You also permit any other authorized User of the Site to access or view the material in connection with that User’s use of the Site as contemplated under this Agreement.
The Health Insurance Portability and Accountability Act of 1996.
You specifically warrant that information disclosed in communications to the Site comply with all applicable Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) requirements for protecting medical privacy. Any disclosure of such information without PRIOR patient approval shall be the sole responsibility of the User(s) who provided the information. It is the sole responsibility of the Users, practitioners, researchers, healthcare professionals, and others who use this Site to ensure that HIPAA Privacy standards and requirements are met with regard to the authorized disclosure of personal, identifying, and/or demographic information about particular patients, research participants, clients, etc., and such responsibilities and duties shall be non-delegable and non-assignable.
Links to Other Web Sites.
The Site may contain links to other Web sites. These sites are not operated or controlled by Within3. Within3 is not responsible for the content, accuracy or opinions expressed in such Web sites, and Within3 has not investigated, monitored or checked for accuracy or completeness of any of these sites. Inclusion of any link to any Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Attn: Richard Bennett
2401 Superior Viaduct
Phone: (216) 391-4701
Fax: (216) 391-4705
We suggest that you consult with your legal counsel and/or 17 U.S.C. 512©(3)(A) to determine specific elements of a claim. Similarly, if you feel your work does not infringe a copyright of another, you may file a Counter-Notification with us pursuant to 17 U.S.C. 512(g)(3).
Information and Press Releases. The Site may contain information about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.
Termination. Within3 may suspend or terminate your account and delete any and all information in your account at any time and for any reason.
You agree that this Agreement shall be treated as though it were executed and performed in Ohio, and shall be governed by and construed in accordance with the laws of the State of Ohio (without regard to conflict of law principles). You also consent and submit to the jurisdiction of any Ohio State or Federal District Court located in Cuyahoga County of the State of Ohio, and waive any defense of forum non conveniens (i.e., not a convenient court). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred, and all actions shall be subject to the limitations set forth in this Agreement.
Within3 and this Site are based in the United States of America. Within3 makes no claims that the content is appropriate or may be downloaded outside of the United States, or that Within3’s practices and policies will comply with the laws of other countries or states. Access to the content may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
Should any part of this Agreement be held invalid or unenforceable, the remaining portions of this Agreement shall remain in full force and effect.
To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall control.
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.
This Agreement shall inure to the benefit of, and shall be binding upon, the parties and their respective permitted successors, assigns, heirs and legal representatives. User may not assign this Agreement or any of its obligations hereunder without the prior written consent of Within3. Within3 may assign its rights under this Agreement to any party at any time without notice to User.
Questions; Comments. Questions or comments regarding this Site should be directed by e-mail to email@example.com.
You acknowledge that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Notwithstanding any provisions of this Agreement, Within3 has available all remedies at law or equity to enforce this Agreement. If you fail to comply with this Agreement, we retain the right to suspend or eliminate your account and remove any and all information you have posted on our Site. There are no representations, promises, warranties or undertakings by Within3 contrary to those set forth above.
Also, by clicking the “I Agree” box during registration and continuing to use this Site, you consent to receiving all notices and other important legal and non-legal information and records electronically. Please ensure that the contact information and e-mail address you provided during registration is up to date and accurate. In order to print, receive, and otherwise access this information electronically, you will need a desktop or laptop personal computer with a minimum current generation web browser as well as a software program capable of retrieving and reading e-mail. You may also print a copy of this Agreement by clicking on the print link below or by using the “Print” function in your Internet browser.
We hope that you enjoy your visit and find our Site informative. Thank you.