Acceptance of terms
1. Limitations on Use: This Web Site is owned and operated by PRESENT E-LEARNING SYSTEMS and is for the user's personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any information, content, documents, graphics, software, products or services ("Materials") obtained from this Web site. The use of any Materials on any other web site or networked computer environment is expressly prohibited. User recognizes that unauthorized use of Web Site content may subject user to civil or criminal liability.
2. The Materials and this Web Site are the property of PRESENT E-LEARNING SYSTEMS or others or are licensed by PRESENT E-LEARNING SYSTEMS and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by PRESENT E-LEARNING SYSTEMS to protect PRESENT E-LEARNING SYSTEMS' contractual, statutory and common law rights in the Materials. Notwithstanding copyright protection of individual elements appearing on this Web site, this Web Site is protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained on this Web Site. Permission to use the copyrighted content on this Web Site for commercial purposes must be obtained through the prior written consent of PRESENT E-LEARNING SYSTEMS. PRESENT E-LEARNING SYSTEMS may withhold its consent for use of the copyrighted content for commercial purposes. PRESENT E-LEARNING SYSTEMS will strictly enforce its intellectual property rights under the copyright laws.
3. PRESENT e-Learning Systems is not a substitute for actual hands on experience under the supervision of a designated surgical or medical instructor. The educational content contained within the PRESENT Online Educational E-Learning Systems' websites does not supersede the opinions and good medical judgment of the users. Before attempting any surgical or medical procedure described in the PRESENT e-Learning Systems, the users must be well trained and well versed in surgical technique, anatomy, peri-operative care, post-operative complications and general medicine. Licensed doctors and other healthcare providers are expected to exercise independent medical judgment to determine if and when a particular evaluation or treatment is indicated for use and is in the best interests of their patients. It should also be noted that PRESENT e-Learning Systems' websites contain user generated content. PRESENT e-Learning Systems is not responsible for the content provided by its members, which is based on their independent knowledge and opinions.
4.This Web Site is protected under United States trademark law. The trademarks, trade names, logos, service marks, product names, and company names (the "Trademarks") appearing on this Web Site are registered and unregistered Trademarks of PRESENT E-LEARNING SYSTEMS. All other trademarks, logos, service marks, product names, and company names on this Web Site are the property of their respective owners. Under no circumstances should anything appearing on this Web Site be construed as granting by implication, estoppel, or otherwise, any form of license or authorization to use, reproduce, or distribute the Trademarks displayed on this Web site. Licenses to use Trademarks appearing on this Web Site may be obtained through PRESENT E-LEARNING SYSTEMS prior written consent. PRESENT E-LEARNING SYSTEMS may withhold its consent. Misuse of Trademarks or any Materials comprising this Web Site is strictly prohibited. You agree to abide by any and all trademark and service mark notices, information, or restrictions contained on this Web Site. Any copied or downloaded content must retain all trademark and service mark notices. PRESENT E-LEARNING SYSTEMS will strictly enforce its intellectual property rights under the trademark laws.
5. The Materials published on this Web Site may include inaccuracies or typographical errors. PRESENT E-LEARNING SYSTEMS does not warrant or make any representations regarding the use or the results of the use of the Materials in this Web Site in terms of their correctness, completeness, accuracy, timeliness, reliability, or otherwise.
6. PRESENT E-LEARNING SYSTEMS makes no representations about the suitability of the materials contained on this Web Site for any purpose. THE MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY FOR TITLE, NO WARRANTY FOR NON-INFRINGEMENT, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS. PRESENT E-LEARNING SYSTEMS MAKES NO WARRANTY OR GUARANTY THAT THE MATERIALS OR FUNCTIONS CONTAINED IN ITS WEB SITE MATERIALS ARE ERROR-FREE OR THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED. PRESENT E-LEARNING SYSTEMS MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY RESULTING FROM USAGE OF THE MATERIALS OR ANY PORTION OF THIS WEB SITE, OR THROUGH ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED THROUGH THE MATERIALS OR ANY PORTION OF THIS WEB SITE. PRESENT E-LEARNING SYSTEMS MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.
7. IN NO EVENT WILL PRESENT E-LEARNING SYSTEMS BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION ERROR, UNAUTHORIZED USE, OR UNAVAILABILITY OF THE WEB SITE), OR FROM THE MATERIALS OBTAINED THROUGH THIS WEB SITE, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEB SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF PRESENT E-LEARNING SYSTEMS HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY T YOU.
8. You agree to indemnify and hold PRESENT E-LEARNING SYSTEMS, its officers, directors, employees, and agents, harmless from and against any and all claims, actions, or demands, losses, liabilities, costs and expenses (including but not limited to attorneys' fees incurred by PRESENT E-LEARNING SYSTEMS in connection with your violation of third party's rights) arising from your violation of these terms of service or any third parties rights.
9. This Web Site may contain links to third-party Web sites. The links are provided solely as a convenience to you and not as an endorsement by PRESENT E-LEARNING SYSTEMS of the content on such third-party web sites. PRESENT E-LEARNING SYSTEMS does not control or guaranty the accuracy or integrity of the content located on linked third-party web sites. PRESENT E-LEARNING SYSTEMS is not responsible and assumes no liability for the information, content, or software of linked third-party web sites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party web sites. If you decide to access third-party web sites, you do so at your own risk.
11. This Agreement is only assignable by PRESENT E-LEARNING SYSTEMS.
This web site will respect the confidentiality of the information that is transmitted on it in accordance with the provisions of this Agreement. The Web Site uses a random identifier, which is a session number attributed to the Registered User as he enters the site. This session number is expunged of the Web Site system as Registered User leaves. Please be advised that the Registered User's visit to the Web Site leaves a retrievable trace that allows the Web Site to gather raw data on the Registered User. Such technical retrieving system is necessary in order to secure the Web Site system.
This web site uses statistic and measurement systems which compile and process information such as IP numbers and number of visited pages. This information is processed in order to establish members' profiles and trends that may lead to, for example, market studies.
By registering to Web Site services, the Registered User agrees that his/her personal information may be archived in the members database of the Web Site and be used to transmit newsletters published by the Web Site and communications such as press releases or commercial information by the Host. Information We Collect
Information We Collect from Unregistered Visitors
Visitors to each of our Web sites can access the Web site's home page and browse some areas of the site without disclosing any personally identifiable information. We do track information provided to us by your browser, including the Web site you came from (known as the "referring URL"), the type of browser you use, the time and date of access, and other information that does not personally identify you. On most of our Web sites, you must register with us to use the entire site.
Information We Collect When You Register
Customers registering for services on our Web sites are asked to provide us with identifying information, such as name, gender, contact information, and other personal information. On our registration screens, we clearly label which information is required for registration, and which information is optional and may be given at your discretion. You will also be given a choice about whether or not you want to receive newsletters and other information that we distribute from time to time. This PRESENT e-Learning Systems Web site will explain how personally identifiable information will be used and ask for your consent before collecting it.
Email You Will Receive
In registering as a member of the PRESENT Podiatry Website, members are agreeing to receive eZines containing original writing, news and other information that PRESENT Podiatry believes will enhance members ability to care for their patients and run their practices better. An an educational services company, we create 3 types of original content to service these purposes: Online Lectures, eTalk Discussion and Ezines. Our eZines contain academic scholarly content in these 3 forms. Specific eZines that we publish on a weekly basis are: This Week in podiatric Medical Education, Practice Perfect, Residency Insight. Ezines sent biweekly are: Journal Club. Ezines currently sent approximately monthly are: The Foot in Closed Chain, Paths to Practice Perfection. PRESENT Podiatry reserves the right to send addition eZines, company news, site updates and additional offers targeted to members special interests, at our discretion. We endeavor to include an opt-out LINK in every single eZines we send to our members, and honor other requests to unsubscribe.
Who You Will Receive Email From
Your email address will never be sold to third parties and in registering on the PRESENT Podiatry site, members are only agreeing to receive email directly from PRESENT Podiatry. However, PRESENT Podiatry reserves the right to send members targeted email on behalf of carefully chosen sponsors.
eTalk Discussion Boards: When you use a discussion board on one of our Web sites, you may post a message and your user name, which is available for all registered users to see. When you are posting publicly, any user of our Web site can see your message. You should not post any information you want or are required by law to keep private to a discussion board or other public forum on our Web sites.
My Profile (Curriculum Vitae): On our web site, we offer an online data based profiling tool in which you supply information that is part of your curriculum vitae or professional resume. This tool stores the information that you provide on our servers. The information is accessible by other members and the public, and is designed to advertise you to the online community and allow other's to find you based on the information that you provide. We will always make it clear to you when information you provide to us through a tool will be saved.
Member Lookup: On our website, other members will be able to look you up and send you messages. If you opt not to be listed (blocked), no other members will be able to look you up.
In addition, we gather information about you that is automatically collected by our Web server, such as your IP address and domain name. We will use this information to personalize its offerings and presentations to you, facilitate your movements throughout our Web sites, provide personalized services, and to communicate with you individually.
Continuing Medical Education
When you register for a Continuing Medical Education ("CME") or a Continuing Education ("CE") activity through our web site, we collect certain personally identifiable information from you such as your name, email address and mailing address. We require that you provide the state in which you are licensed and your license number. In addition to personally identifiable information, we collect aggregated non-personally identifiable information about the activities undertaken by our users. We use the information that we collect through CME/CE activities in several ways:
(1) We are accredited by the Accreditation Council for Continuing Medical Education ("ACCME") to provide continuing medical education for physicians, through a sponsorship agreement with the Mount Sinai School of Medicine. As an ACCME accredited entity, we are required periodically to submit aggregated data about CME participants and the CME activities we certify. We also provide personally identifiable information to other accredited CME/CE providers who certify CME/CE activities posted on our Web sites, as required by the ACCME and other accrediting bodies. These reports may include personally identifiable information about you and credits issued to you, for the purpose of maintaining records that you can request from the accredited provider for up to six (6) years;
(2) Commercial supporters of CME/CE activities on our Web site will receive only data about CME/CE activities that are relevant to their interests and/or the courses they support. No information about individual CME/CE users will be provided, no individual names or contact information will be provided;
Uses We Make of Information
We collect data about visitors to our Web sites for product development and improvement activities. We also use it for market analysis. We may provide information from our Web sites in aggregate form, with identifying information removed, to third parties. For example, we may tell a health care partner what percentage of our registered users are of a particular medical specialty or have certain credentials. Any third party that receives our data must agree not to attempt to re-identify the people it belongs to. For example, we may provide information to a potential advertiser of a product that would appeal to a podiatry patient about what percentage of our users have a particular foot health problem. Depending on our agreement with the third parties, we may or may not charge for this information.
Marketing and Advertising
We may target our advertising or marketing depending on information we have about you. For example, a user that is a healthcare professional who treats foot conditions may receive advertising for new podiatry therapies (although in neither case will the advertiser have access to any individually identifiable information about you). We may also personalize our Web site based on your interests. For example, you may see different articles in different places on our Web site based on information you have shared with us, or information we have gained by observing your previous behavior, or information we may have gained from your interactions with a third party that shares information with us. We use information for our own internal marketing, research, and related purposes. Third Parties In addition to aggregate information (discussed previously), we may share some kinds of personally identifiable information with third parties as described below.
Other Companies : We have strategic relationships with other companies who offer products and services on our Web sites. When you are interacting with those companies, different rules and privacy policies may apply. We do not control the collection or use of information you provide to these companies, but we do require that those companies clearly state their policies so you can decide whether to give them any information.
Promotional Offers: Sometimes we send offers to selected groups of customers on behalf of other businesses. When we do this, we do not give that business your name and address. We provide a variety of mechanisms for you to tell us you do not want to receive such promotional offers. For example, we may provide an opt-in box for consumers to receive an email from another business, and we make clear that by opting in you are submitting your data to a third party.
Protection of Information
We have implemented technology and security policies, rules and other measures to protect the personal data that we have under our control from unauthorized access, improper use, alteration, unlawful or accidental destruction, and accidental loss. We also protect your information by requiring that all our employees and others who have access to or are associated with the processing of your data respect your confidentiality. We use security methods to determine the identity of its registered users, so that appropriate rights and restrictions can be enforced for that user. Reliable verification of user identity is called authentication. We use both passwords and usernames, as well as double opt-n verification, to authenticate users. Users are responsible for maintaining their own passwords.
Access to Information and Choices
Correction of Information We Have About You
If you believe that registration information collected by our Web site(s) is in error, you may edit your personal profile any time that you like. You can directly edit most of your user profile on the Web site on which you initially registered. Information that you can not edit may only be changed by contacting Web Customer Support (see CONTACTS). Requests for deletion of your record may result in your removal from the registry, but we may keep certain demographic information about you for product improvement purposes. You may contact Web Customer Support and ask for the changes that you would like to make.
In no event shall any user be entitled to a refund, reimbursement, or "cash-out" for any Available Credits. Credits may be used only as credit for on-site usage on PRESENT E-learning's web site.