ProFMV.com Terms of Use

 

By using the ProFMV.com website (the “Website”), you agree to these terms and conditions as an agreement by and between you and ProFMV.com and Physician Compensation Consultants, LLC (referred to as “we”, “us” or “our”).  This Agreement also incorporates our Privacy Policy as if set forth at length herein.  If you do not wish to agree to these terms, please refrain from using the Website.

 

Conditions to Use our Website

 
Your permission to use the Website is conditioned upon your agreement that you:
 

  • will comply with these Terms of Use;
  • you are 18 years of age or older;
  • will not copy or distribute any part of the Website in any manner without our prior written consent; and
  • will not use the Website for any commercial purposes other than the specific commercial activities contained on the Website and will not use it to obtain data or personal information about any other users or to solicit other users or advertisers.

 

Your Conduct

 

By using the Website, You agree not to:
 

  • conduct or promote any illegal activities;
  • attempt to reverse engineer or interfere in any way with the functioning of the Website or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure);
  • attempt to gain access to secured portions of the Website;
  • use the Website to generate unsolicited email advertisements or spam;
  • use any automatic or manual process to search or harvest information from the Website;
  • use the Website to transmit any protected or private information of third-parties, including, but not limited to Protected Health Information (PHI) (as defined by the Health Insurance Portability and Accountability Act), or otherwise;
  • interfere in any way with the proper functioning of the Website; or
  • impersonate another user.

 

Links to Other Sites

 
We may have links to third-party websites that are not owned, controlled, or operated by us. We do not assume any responsibility for the content, privacy policies, or practices of any other websites or their owners. We are not endorsing or recommending any other websites, products, or services by the simple inclusion of a link to another website.
 

No Liability for Acts of Advertisers

 
You waive and release us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from, any claims, liabilities, damages, or injury arising from or related to any act or omission of any of the advertisers and/or any goods and/or services provided in connection therewith.
 
Likewise, we make no representations, endorsements, warranties regarding the merchantability, suitability, reputation, professionalism or any other warranties of any kind whatsoever regarding any advertiser or advertisement on the Website.
 

Promotions, Sweepstakes, and other Contests

 
We reserve the right to, on occasion, offer special promotions, contests and/or sweepstakes intended to provide you an incentive to use or promote the Website or engage with advertisers or others associated with the Website. The applicable rules will be posted on the Website in or near the description of each such promotion. We reserve the right to interpret the rules related to any such promotion, contest or sweepstakes in our sole discretion, and you hereby agree to our interpretation.
 

Termination

 
We reserve the right to alter or discontinue the Website or any of the services provided herein at any time without prior notice.  We also reserve the right to terminate this Agreement at our election and for any reason, without prior notice.  This Agreement will automatically terminate if, in our sole discretion, you violate any of the terms and conditions set forth below.  A termination will result in the immediate cessation of access to the Website.   The Disclaimers of Warranty and Limitation of Liability, Indemnity and all terms and conditions related to your Content shall survive the termination of this Agreement.
 

Disclaimers of Warranty and Limitations of Liability

 
We provide the Website and the related services “as is”, “where is”, and “as available.” We make no express or implied warranties or guarantees about the Website, your use of the Website, the goods and services described thereon, any Deliverables (as defined herein) resulting from your use of the Website, or any advertisers on the Website. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES RELATED TO THE WEBSITE, YOUR USE OF THE WEBSITE, YOUR RELIANCE ON ANY DELIVERABLES, OR THAT THE WEBSITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. THIS DISCLAIMER EXPRESSLY APPLIES TO, BUT IS NOT LIMITED IN APPLICATION TO, ANY LAWSUITS RELATED TO STARK LAW CLAIMS, FALSE CLAIMS ACT INFRACTIONS, OR THE FEDERAL ANTI-KICKBACK STATUTE THAT OCCUR AFTER YOUR RELIANCE ON DELIVERABLES FROM THE WEBSITE.
 
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
 

Indemnity

 
You agree to defend, indemnify, and hold harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your violation of any term of these Terms of Service; or (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights.
 
Further, we do not, in any way, seek to obtain, receive, or transmit PHI through your use of the Website or our maintenance and operation of the Website. You, therefore, agree to defend, indemnify, and hold harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from claims brought against us related to the receipt, transmittal, or disclosure by any party of PHI that result from your use of this Website.
 

Intellectual Property

 
We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Website, including all applicable trademarks, copyrights and other proprietary rights such as trade secrets. Through the use of this Website pursuant to this Agreement, you have a limited right to use the Website, but in no way are we granting any license to you under any of those intellectual property rights. We reserve all rights that are not expressly granted to you in this Agreement. You may print limited numbers of one or more pages from the Website for your personal use.
 
We retain, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”) unless they are marks used by Merchants who have provided them to us for use on this Website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Website provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website.
 

Limited Use of Confidential Information

 
This Website is designed to produce certain types of information for your use. That information, in its various forms, may include clinical services assessments, on-call coverage assessments, medical directorship assessments, and invoices, among others. All such information is considered a “Deliverable” from the Website to you (collectively referred to herein as “Deliverables”).
 
Due to the confidential nature of the information dealt with on this Website, the Deliverables are also confidential in nature. Accordingly, you agree that any Deliverables received by you through your use of the Website will remain confidential. As such, you agree not to distribute them to any individuals whatsoever, excluding individuals within your business organization who may need access to the Deliverables to perform their reasonable and necessary duties of employment, outside attorneys hired by your organization if the Deliverables are relevant to the purpose the attorneys are hired for, auditors, or governing bodies who may request such information from you such as, but not limited to, the Securities Exchange Commission, Office of Inspector General, or Internal Revenue Service.
 

Entire Agreement

 
This Agreement, including the Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
 

Modifications to the Agreement

 
We reserve the right at all times to discontinue or modify any of these terms and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges.   We may, but are not necessarily obligated to notify you via email of any substantial changes, by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Website.  Any changes to this Agreement will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Website.  We suggest you, therefore, re-read this section of our Website from time to time to stay informed of any such changes.   Use of the Website by you after such notice shall be deemed to constitute acceptance by you of such modifications.
 

Choice of Law and Dispute Resolution

 
To the maximum extent authorized by law, the laws of the State of Texas govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and us, our officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Website shall be decided exclusively by a court of competent jurisdiction located in the Dallas, Dallas County, Texas.
 

Miscellaneous

 
The section headings used herein are for convenience only and shall be of no legal force or effect.  If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. No one shall be deemed a third-party beneficiary to this Agreement.