Professional Co-op -Website Terms and Conditions of Use
Updated June 18, 2012
Terms of Use and Legal Restrictions
Welcome to Professional Co-op’s® website located at http://www.ProfessionalCo-op.com/ ("website" or "site") an online information and communications service owned and provided by Professional Co-op Services, Inc. ("PCS" or "We" or "Us"). Use of this website and all sites linked to http://www.ProfessionalCo-op.com/is subject to your agreement with all of these terms and conditions ("agreement", "terms and conditions", "terms of use"). PCS may modify these terms and conditions at any time in its sole discretion, and such modifications shall be effective immediately upon posting the modified terms and conditions on the site. You agree to review the agreement periodically to be aware of such modifications. Accessing or using the site constitutes your acceptance of the agreement as it appears at the time of your access or use. From time to time PCS may offer website visitors the opportunity to participate in additional features or services through this website. You may be required to enter into additional agreements or authorizations before you can access such features or services. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Medical Emergencies
ELECTRONIC COMMUNICATION IS NOT APPROPRIATE FOR ALL HEALTH ISSUES, PARTICULARLY THOSE OF AN URGENT NATURE, PCS MAKES NO GUARANTEE OF ANY PARTICULAR RESPONSE TIME TO ANY INQUIRY YOU MAY MAKE. ACCORDINGLY, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU OR YOUR PATIENT SHOULD NOT RELY ON THIS WEBSITE FOR ASSISTANCE, BUT SHOULD INSTEAD SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE. ONLY PHYSICIAN MEMBERS WILL HAVE ACCESS TO THE LOGIN AREA.
Privacy
We respect the right to privacy of all visitors to the http://www.ProfessionalCo-op.com/ website. We maintain individual login info for the specific purpose of identifying users and creating lab requisitions. The personal information that you submit is shared with those people in the PCS organization who need this information to respond to your question or request. Information submitted through PCS’s online forms may be collected to ensure technical functionality and quality assurance. It will also be utilized to address any inappropriate use of our website. We do not sell your information to third-parties. Except for authorized law enforcement investigations or other valid legal processes, we do not share any personally identifiable information we receive from you with any parties outside of PCS and its affiliates.
We have taken reasonable steps to ensure the integrity and confidentiality of personally identifiable information that you may provide. You should understand, however, that it is not possible to protect all electronic transmissions from interception, and although we do our best, we cannot absolutely guarantee the security or confidentiality of all transmissions.
IP Addresses
The Webserver automatically collects the Internet Protocol (IP)address of the computers that access our site. An IP address is a number that is assigned to your computer when you access the Internet. We use this information in aggregate form to understand how our site is being used and how we can better serve visitors.
Cookies
We collect information about visitors to our site using "cookies." We use persistent cookies to recognize a repeat visitor and offer the visitor a set of services or information requested in a previous visit. We use session cookies to track a visitor's path through our site during a visit, to help us understand how people use our site.We collect this information to save the user from going through steps to identify them as a new user would do.
Security
The security of data you submit via this site is very important to us. This site uses encryption technology, and we strive to routinely review our security practices to help ensure that your data is maintained securely. However, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information sent to us. Moreover, when you transmit information via the Internet, your information will be transmitted over a medium that is beyond our control, and therefore the security of the transmission may be compromised before it reaches us. Accordingly, PCS makes no guarantee as to confidentiality or security. IN ADDITION, YOU HEREBY EXPRESSLY AND SOLELY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF PCS’ WEBSITE. Your user name and password should be kept confidential to prevent unauthorized use. Failure to do so may also compromise the confidentiality of your information.
No Warranties
YOU UNDERSTAND AND AGREE THAT PCS AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY PCS IS PROVIDED ON AN "AS IS" BASIS. PCS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, PCS DOES NOT GUARANTEE THAT USE OF PCS’S WEBSITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.
Limitation of Liability
The use of this service is entirely at your own risk, and in no event shall PCS be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this service, or sites accessed through this service, and/or content or information provided herein. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
Indemnity
You agree to indemnify and hold PCS, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses and attorneys’ fees, made against PCS by any third party due to or arising out of or in connection with your use of the website.
User Agreements
You agree that you will not: (1) upload or transmit any communications or content of any type that may infringe or violate any rights of any party; (2) use this website for any purpose in violation of local, state, national or international laws;(3) use this site as a means to distribute advertising or other unsolicited material to any third party; (4) use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity; (5) attempt to disable, "hack”, or otherwise interfere with the proper functioning of this web site;(6) copy, distribute, or provide access to any other individual or entity of any kind; or (7) set up a secondary website to resell PCS products.
Discontinuance of Services
PCS’s Website is being provided by PCS as a convenience. PCS reserves the right to modify, or discontinue this site or any part of it at any time, with or without notice. Your access to the site may be discontinued at any time if you violate the terms of this agreement or if we determine that it is no longer appropriate for you to have access to the site.
Compliance Policies
We comply with all applicable laws and regulations such as the Health Insurance Portability and Accountability Act of 1996. PCS develops, implements, and maintains policies, processes, and procedures throughout the organization that are designed to meet relevant compliance requirements. PCS is fully committed to compliance with all privacy, security, and electronic transaction code requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). All services provided by PCS that involve joint efforts will be done in a manner, which enables our clients to comply with HIPAA. We expect that clients utilizing our services will comply with patient confidentiality, diagnosis codingif applicable, anti-kickback statutes, professional courtesy, CPT-4 coding if applicable, CLIA proficiency testing, and other similar regulatory requirements.
Copyright and Trademark Information
The mark Professional Co-op® logo is a trademark and/or service marks of PCS. U.S. and international copyright laws protect the mark Professional Co-op®. You may not copy, reproduce, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable notices and disclaimers (including copyright notices); and (3) you do not use the materials in a way that suggests an association with PCS or an affiliated PCS entity. You understand and agree that title to these materials shall not pass to you or any other user.
Links to Other Sites and to the PCS Site
This website may contain links to third-party web sites. These links are provided solely as a convenience to our visitors. Such links are not under PCS’s control, and PCS cannot control the content of the links, or the information or materials contained therein.
Additional Notices
The PCS Website is presented by PCS for the sole purpose providing licensed clinicians with access to major lab services for a fraction of the typical costs. IT IS NOT INTENDED TO BE, AND YOU UNDERSTAND AND AGREE THAT IT DOES NOT CONSTITUTE, THE PROVISION OR PRACTICE OF MEDICAL, NURSING, OR PROFESSIONAL HEALTH CARE ADVICE OR SERVICES IN ANY JURISDICTION. THE SERVICE IS NOT TARGETED TO USERS IN ANY PARTICULAR LOCALITY, NOR IS IT INTENDED TO CONSTITUTE, AND YOU AGREE THAT IT DOES NOT CONSTITUTE, THE DOING OF BUSINESS IN ANY JURISDICTION.
Limitation of Liability
PCS will not be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits. If, notwithstanding the other provisions of these terms of use, PCS is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website, PCS's liability shall in no event exceed the greater of the purchase price for any service, or $100.00.
Violation of Terms of Use
PCS may disclose any information we have about the user if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with its rights or property, or the rights or property of visitors to or users of the website, including PCS’s customers. PCS reserves the right at all times to disclose any information it deems necessary to comply with any applicable law, regulation, legal process or governmental request. PCS also may disclose your information when PCS determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that PCS may, in its sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the website.
You agree that PCS may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you, (3) discontinuance or material modification of the website or any service offered on or through the website, or (4) unexpected technical issues or problems.
Disputes
Should a dispute arise, you agree that any suit, claim or action be in the County or Circuit Court for the Seventeenth Judicial Circuit, in and for Broward County, Florida.