PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The © Diversified Physician Solutions, LLC (“DPSolutions”) public web site, including but not limited to www.diversifiedphysiciansolutions.com, (the “Public Site”) are owned and operated by Diversified Physician Solutions, LLC.
Diversified Physician Solutions may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features, at any time. Diversified Physician Solutions may remove, modify, or otherwise change any content, including that of third parties, on or from this Site. Diversified Physician Solutions may impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Diversified Physician Solutions may terminate your use of the Site at any time in its sole discretion.
These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with Diversified Physician Solutions.
1. Proprietary Rights
Copyrights. All content on the Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are either Copyright 2014 Diversified Physician Solutions, or are the property of Diversified Physician Solutions’ affiliates or licensors. All rights reserved.
Trademarks. All trademarks on the Site are either trademarks or registered trademarks of Diversified Physician Solutions or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Diversified Physician Solutions. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Diversified Physician Solutions or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Diversified Physician Solutions. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
2. User Conduct – General.
In using this Site, you agree:
1. not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
2. not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;
3. not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
4. not to use or attempt to use another’s account, service or system without authorization from Diversified Physician Solutions, or create or use a false identity on this Site;
5. not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
6. not to divulge your username and password to others either on or off the Site;
7. not to attempt to obtain unauthorized access to the Secure Sites; and
8. not use this Site to seek, provide, or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patient’s particular condition or situation.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site. This Site is controlled and operated in the United States. If you are in a jurisdiction that restricts you from accessing this Site, do not access or use this Site. Diversified Physician Solutions makes no representation that the Site is appropriate or available for use outside the United States.
3. User Conduct – Bulletin Boards.
The Secure Sites may include bulletin boards, which allow feedback to Diversified Physician Solutions and real-time interaction between users. Diversified Physician Solutions does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the bulletin boards and the Secure Sites that you do not:
1. restrict or inhibit any other user from using and enjoying the bulletin boards;
2. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
3. post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
4. post or transmit any information, software or other material, which contains a virus or other harmful component;
5. post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising;
By accessing the Secure Sites, you acknowledge and agree that Diversified Physician Solutions has no obligation to monitor bulletin boards. Diversified Physician Solutions reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless Diversified Physician Solutions and its affiliates and parties with whom Diversified Physician Solutions has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.
You expressly agree that you will not discuss or refer to any particular patient, any particular patient’s medical condition or any other information that could identify a particular patient.
4. Online Communications On and Through the Site.
Except as otherwise provided in section 5 below, you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes or requests for quotes, performance data, account information, or other material, data, or information (collectively, “Information”), are non-confidential and upon transmission of such Information to Diversified Physician Solutions via email or other means you grant to Diversified Physician Solutions an irrevocable, non-exclusive, royalty-free, sublicensable, world wide license (including but not limited to a copyright license) to use such Information in any media for any purpose.
6. Links to Other Web Sites.
This Site may from time to time contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship, or recommendation by Diversified Physician Solutions of — or responsibility for — the linked Web sites or any content, services, or products available on or through such sites.
Links from Other Web Sites. All links to this Site must be approved in writing by Diversified Physician Solutions, except that Diversified Physician Solutions consents to links in which:
1. the link is a text-only link containing only the title of the home page of this Site;
2. the link “points” only to the home page of the Site and not to deeper pages;
3. the link, when activated by a user, displays this home page of the Site full-screen and not within a “frame” on the linked Web site, and
4. the appearance, position, and other aspects of the link does not
1. create the false appearance that an entity or its activities or products are associated with or sponsored by Diversified Physician Solutions or its affiliates, or
2. be such as to damage or dilute the goodwill associated with the name and trademarks of Diversified Physician Solutions or its affiliates. Diversified Physician Solutions reserves the right to revoke this consent to link at any time in its sole discretion.
Third-Party Content. This Site may from time to time contain material, data, or information provided, posted, or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither Diversified Physician Solutions nor its affiliates shall have any liability whatsoever to you for any such third-party material, data, or information.
THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIVERSIFIED PHYSICIAN SOLUTIONS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA, AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT DIVERSIFIED PHYSICIAN SOLUTIONS DOES NOT CONTROL INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, DIVERSIFIED PHYSICIAN SOLUTIONS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT, OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE.
DIVERSIFIED PHYSICIAN SOLUTIONS DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES DIVERSIFIED PHYSICIAN SOLUTIONS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.
DIVERSIFIED PHYSICIAN SOLUTIONS ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF DIVERSIFIED PHYSICIAN SOLUTIONS, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, DIVERSIFIED PHYSICIAN SOLUTIONS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIVERSIFIED PHYSICIAN SOLUTIONS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
8. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL DIVERSIFIED PHYSICIAN SOLUTIONS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF DIVERSIFIED PHYSICIAN SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
Applicable Law. These TOU shall be governed by and construed in accordance with the laws of the State of Florida, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Florida.
These TOU constitute the entire agreement between you and Diversified Physician Solutions governing your use of the Site. Should any provision in these TOU be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the Site must be filed within one year after it arose or be permanently barred.
Updated November 17, 2014