National College of Physicians
National College of Physicians
physicians

TERMS OF SERVICE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Your use of the National College of Physicians, Inc. (hereafter NCP) website means that you agree with the following terms of use. Please read these terms and, unless you agree with them, please do not use this website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

YOUR ACCEPTANCE OF THESE TERMS OF SERVICE

By using this site, you signify your consent to the NCP Terms of Service. If you do not agree with these terms and our privacy policy, please refrain from using our site. Your continued use of the NCP site following a reasonable notice of changes to our privacy policy or terms of use will mean you accept the changes.

COPYRIGHT

All website content, including, without limitation, the NCP logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2010 NCP, Inc. ALL RIGHTS RESERVED. Except as stated herein, none of the content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of NCP or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this website for personal, noncommercial and informational use only; provided that you may not, without the permission of NCP or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the content.

USE OF MATERIAL

The compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of NCP and protected by U.S. copyright laws. Unauthorized use of the content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original content on any copy you make of the content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. The use of the content on any other website or in a networked computer environment for any purpose is prohibited.

WEBSITE USERS

The website is intended solely for use of the medicial profession that are physicians, fellows, interns, young doctors and medical students that are members of the NCP. Individuals who are not members may  use the free portions of the site for information and other content free of charge.

NCP reserves the right to prevent, cancel or suspend any users access to the website. This may be on account of a violation of these Terms and Conditions or for any other reason at NCP s sole discretion. NCP s right to prevent, cancel or suspend access to the website may be exercised without notice to the user.

Content on this website is for your personal use only. We retain all copyright and other proprietary notices contained on such content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose.

You may not otherwise reproduce, display, publicly perform, distribute, or otherwise use the content in any way.

RULES OF CONDUCT

As a user of this web site, you are responsible for your own communications and are responsible for the consequences of using this site. You must not, and by using this website you agree not to, do the following things:

A. Fill out a false or incorrect profile of yourself when asked or required to do so for a service or membership;

B. Access password-protected areas if you have not been granted a password, and are prohibited from doing so

C. Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;

D. Post material that reveals trade secrets, unless you own them or have the permission of the owner;

E. Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

F. Post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;

G. Post a sexually-explicit image or statement;

H. Post advertisements or solicitations of business, post chain letters or pyramid schemes;

I. Impersonate another person;

J. Post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify NCP of any unauthorized use of your registration or password.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify NCP s agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at:

offices [at] NCNP.org

or:

Copyright Agent
National College of Physicians, Inc.
Attention: Copyright Agent
1001 Bridgeway, Suite 243
Sausalito, CA 94965

Please provide our Agent with the following Notice:

A.  Identify the material on the NCP site that you claim is
infringing, with enough detail so that we may locate it on the website;

B.  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;

C.  A statement by you declaring under penalty of perjury that:

  1. The above information in your Notice is accurate;
  2. That you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  3. Your address, telephone number, and email address; and
  4. Your physical or electronic signature.

NCP will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

WEBSITE USAGE

This website is the property of NCP. By using the website, you agree to abide by the Terms and Conditions herein. Failure to abide by these Terms and Conditions, including the impermissible use of the text, graphics, images, and other content (collectively, "content") contained on the website, is a violation of your agreement. It may also be a violation of copyright, trademark, or other laws in the United States and foreign countries.

NCP expressly prohibits users of this website and all others from reproducing, displaying, distributing any content downloaded or otherwise obtained from this website on any other website, electronic bulletin board, or other publicly accessible site (regardless of whether access to such site is by registration, subscription, membership or fee) on the Internet or other network.

DISCLAIMER AND LIABILITY

NCP does not represent or guarantee the truthfulness, accuracy, or reliability of any content or services.  You acknowledge that any reliance on material posted to this site will be at your own risk.

If notified by a user any inaccuracies which allegedly do not conform to these Terms and Conditions, NCP may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the content.

NCP has no liability or responsibility to users for performance or nonperformance of such activities. NCP reserves the right to expel users and prevent their further access to the website for violating the Terms and Conditions or the law and the right to remove any content which is abusive, illegal, or disruptive.

WEBSITE SECURITY RULES

Users are prohibited from violating or attempting to violate the security of the website, including, without limitation:

A.  Accessing data not intended for such user or logging into a server or account which user is not authorized to access;

B. Attempting to download data automatically through the use of bots, robots, spiders, and/or any other scanning methods with the intention of collecting membership data in aggregate;

C. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

D. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "mailbombing" or "crashing"; or

E. Sending unsolicited e-mail, including promotions and/or advertising of products or services; or

F. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. NCP will investigate occurrences that may involve such violations, and at its sole discretion may terminate any registrations, accounts and/or agreements, without refund under any circumstance, and additionally may contact law enforcement authorities to prosecute users who are involved in such violations.

NCP'S LIABILITY

While NCP goes through all content on a routine basis, you must note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the website.

NCP makes no representations about the accuracy, reliability, completeness, or timeliness of the website or it s content. The use of the website and the content is at your own risk. Changes are periodically made to the website and may be made at any time.

NCP DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NCP IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NCP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. NCP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL NCP, IT S OFFICERS AND AGENTS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NCP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LINKS

The website contains links to third party websites. These links may belong to employers, sponsors, advertisers, partners, affiliates or members. These links are not to be considered as an endorsement by NCP of the content on such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.

NO RESALE OR UNAUTHORIZED COMMERCIAL USE

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the website.

LIMITATION OF LIABILITY

The aggregate liability for NCP to you for all claims arising from the use of the content is limited to $100.

TERMINATION

NCP reserves the right, at its sole discretion, to pursue all of its legal remedies, including immediate termination of your registration with or ability to access the website and/or any other service provided to you by NCP, upon any breach by you of these Terms and Conditions or if NCP is unable to verify or authenticate any information you submit to the website registration with or ability to access the website.

INDEMNITY

As a condition of use of this website, you, the end user, agree to indemnify NCP, and its owners, managers, shareholders,directors, officers, employees, agents and suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of these sites, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

USER INFORMATION

NCP may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the website, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.

GENERAL

This agreement is governed by the laws of the State of California, U.S.A., County of Marin. User consents to the exclusive jurisdiction and venue of courts in the State of California, U.S.A., County of Marin (or other jurisdiction to be selected at the sole discretion of NCP) in all disputes arising out of or relating to the use of these sites. Use of this site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the user and NCP as a result of this agreement or use of these sites. User agrees not to hold himself or herself out as a representative, agent, or employee of NCP in printed or any other form.

Any rights not expressly granted herein are reserved.

NCP is based in the United States. NCP makes no claim that the content is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

DISCLAIMERS

THE CONTENT, CODE, ACCESS, AND OTHER FEATURES OF THESE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. NCP DOES NOT WARRANT THAT ANY SUCH FEATURES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE FASHION, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL NCP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ARISING OUT OF YOUR USE OR INABILITY TO USE ANY CONTENT OR FEATURES, OR YOUR FAILURE TO ACCESS OR CLICK-THRU ACCESS ANY CONTENT OR FEATURES, EVEN IF NCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NCP SHALL HAVE NO LIABILITY FOR ANY CLAIMS BROUGHT BY THE OWNERS OF CONTENT OR SITES ACCESSED THROUGH CLICK-THRU ACCESS BASED ON YOUR INAPPROPRIATE OR UNPERMITTED ACCESS OF SUCH CONTENT OR SITES. YOU HEREBY AGREE TO INDEMNIFY NCP FOR SUCH CLAIMS IF BROUGHT AGAINST NCP IF YOU USED THIS SITE FOR SUCH INAPPROPRIATE OR UNPERMITTED ACCESS.

This agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Content from these sites is further subject to United States export controls. No content from these sites may be downloaded or otherwise exported or re-exported:

A. Into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or

B. To anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

C. By downloading or using content or features of this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

MODIFICATIONS

NCP reserves the right to modify these Terms of Service at any time. Modifications will be posted on this website, and users agree that by continuing to use this website after such modifications are posted, they have agreed to such modifications.

Questions or comments regarding this website may be directed to the attention of: NCP, Attn: Webmaster, 1001 Bridgeway, Ste 243, Sausalito, CA 94965. E-mail: offices [at] NCNP.org Copyright NCP, Inc. 2010. All rights reserved.

LAST UPDATED: July 16, 2010

© 2010 NCP, Inc. All rights reserved.
Use of this site signifies your acceptance of the Terms of Service and the Privacy Policy for NCP, Inc, and all related websites.