The following terms and conditions (the “Terms and Conditions”), the Privacy Policy (the “Privacy Policy”), and all other related supplementary documentation govern your use of this Web Site and any content made available from or through this Web Site, located at www.learntelehealth.org, including any subdomains thereof (collectively the “Web Site”).
The Web Site is made available by the South Central Telehealth Resource Center and the Arkansas Center for Telehealth (“SCTRC/ACT” or “Organization”) and the Center for Distance Health (CDH) of the University of Arkansas for Medical Sciences (“UAMS”, “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.
Special Note: The Web Site Does Not Provide Medical Advice. The contents of this Web Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Web Site! If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Web Site. Reliance on any information provided by us is solely at your own risk. Further, this Web Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Web Site.
1. Proprietary Rights. As between you and us, we or our licensors, as applicable, own, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (other than Submitted Materials (as defined in Section 6 below)), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein (“Content”). Your use of the Web Site does not grant to you ownership of any Content you may access on or through the Web Site.
2. Limited License. You may access and view the content on the Web Site on your computer or other devices, and make single copies or prints of the content on the Web Site at your own risk and for your personal, non-commercial and internal use only, provided that you keep intact all copyright and other proprietary notices contained therein and use the same in accordance with all restrictions applicable to your use of the Web Site in general. Use of the Web Site and the services offered on or through the Web Site are only for your personal, non-commercial use. You may not use the Web Site for commercial purposes or in any way that is unlawful or harms us or any other person or entity, as determined in our sole discretion.
3. Prohibited Use. Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any Content on the Web Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of UAMS or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any Content on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Content on or made available through the Web Site. This includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 4 below) or any other proprietary content or proprietary rights notices. If you make other use of the Web Site, or the Content thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use (including, without limitation, for violations of copyright and other applicable laws).
4. Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ours and others and may only be used in accordance with Section 2 above, provided that such use may not be likely to cause customer confusion or, in any manner, disparage or discredit their rights holders. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Web Site grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or that of the third party rights holder.
5. User Information. In the course of your use of the Web Site and/or the services made available on or through the Web Site, you may be asked to provide certain personal information to us or to our third party vendors or service providers who facilitate our ability to make certain services available to you (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Web Site’s Privacy Policy, which is incorporated herein by reference for all purposes unless otherwise noted. In the event that we engage the services of third party vendors or other service providers, your User Information may be subject to the information collection and use policies of such third party vendors and other service providers. We may use third parties to provide services in connection with Submitted Materials. Information in forums, information submitted for sweepstakes, and Submitted Materials (including submitted video, graphic images, and photographs), become publicly available and may be used by us for any lawful purpose. We may share User Information that is included with Submitted Materials with third parties, including, without limitation, vendors or other service providers, affiliates and partners. You represent, warrant, acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
6. Submitted Materials. (a) Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information from you through the Web Site, by e-mail or in any other way. Any information, creative works (including, without limitation, text, photographs, graphics, audio, visual and audiovisual content), demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to online chats, forums, reviews and ratings and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way, (ii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (iii) you grant us and our affiliates, and our respective licensors, licensees, distributors, vendors, partners, agents, representatives, and other authorized users (collectively, “Representatives”) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, nonexclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submitted Materials that you provide to us, nor are we responsible for any information included in any Submitted Materials (for example, without limitation, a blog post or any comments to blog(s) created or posted by users), and we may delete or destroy any such Submitted Materials at any time. To the extent that we solicit Submitted Materials through features or activities on the Web Site that require the use of our and/or our licensor’s copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us or our licensor, as applicable. If such rights are not assigned to us and/or our licensor, as applicable, your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements, and assignments whether or not your Submitted Materials are used by us. (b) You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. (c) If you submit a photograph, graphic image or video, you also agree to, represent and warrant the following: (i) you have the rights necessary to authorize us and our affiliates (and our Representatives) to use such photograph or video as permitted by these Terms and Conditions; (ii) you authorize us and our affiliates (and our Representatives) to use such photograph or video as permitted by these Terms and Conditions; (iii) you have obtained the necessary permissions, if any, for us and our affiliates (and our Representatives) to use such photograph or video in accordance with the Terms and Conditions; and (iv) such photograph or video has not been manipulated or altered in any manner so as to distort or misrepresent any individual or thing depicted in it. (d) UAMS may, from time to time, make messaging services, chat services, bulletin boards, message boards, photo galleries, videos, blogs, user review and ratings forums, other forums and other such services and features available on or through the Web Site to which you may have the opportunity to provide or submit Submitted Materials. In addition to any other rules or regulations that we may post in connection with a particular service or feature, and in addition to the rest of the Terms and Conditions, you represent, warrant and agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which are, do, or could reasonably be construed to be or do any of the following:
• restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services;
• are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, threaten or incite violence, or that are derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;
• constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law;
• violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
• contain a virus, spyware, or other harmful component;
• contain embedded links, advertising, chain letters or pyramid schemes of any kind;
• constitute or contain false or misleading indications of origin, endorsement or statements of fact; or
• contain sensitive, proprietary or confidential information about yourself or others.
(e) Except as may be expressly permitted in connection with one of the Web Site’s services, you also may not offer to buy or sell any product or service on or through your Submitted Materials. UAMS, CDH, and the SCTRC/ACT will not accept responsibility for any information included in any Submitted Materials created or posted by users. You alone are responsible for the content and consequences of any and all of your activities, and you submit Submitted Materials at your own risk.
7. Prohibited User Conduct. You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site (including, for example, and without limitation, blogs, podcasts, RSS feeds, video players, photo galleries, chat rooms, and other forums), you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from UAMS, CDH or the SCTRC/ACT or its affiliates, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services (for example, without limitation, in an RSS feed or a Podcast received from UAMS or otherwise through the Web Site), or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site. You also shall not and, by your use of the Web Site, represent and warrant that you are not:
• engaging in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from UAMS, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site;
• obtaining or attempting to obtain unauthorized access to computer systems, materials or information through any means;
• using the Web Site or the Web Site’s services or features in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services or features, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
• removing, concealing, editing or otherwise altering any trademark, copyright or other proprietary rights notice or any other mark or source identifier included in any content or features made available on or through the Web Site (for example, without limitation, in any Podcast, photograph or text);
• using the Web Site or the Web Site’s services or features in violation of the UAMS’s or any third party’s intellectual property or other proprietary, privacy or legal rights;
• using the Web Site or the Web Site’s services in violation of any applicable law;
• attempting (or encouraging or supporting anyone else’s attempt) to circumvent,
reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site’s services, or any content thereof, or make any unauthorized use thereof;
• using the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site or any of its services; or
• obtaining or attempting to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Site.
8. Right to Monitor and Editorial Control. UAMS reserves the right, but does not have an obligation, to monitor and/or to review all materials posted to the Web Site or through the Web Site’s services or features by users, and is not responsible for any such materials posted by users. UAMS, CDH, and the SCTRC/ACT are not responsible for any failure to monitor, review and/or delete any materials posted to the Web Site or through the Web Site’s services or features by users. However, UAMS reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in UAMS’s discretion, are objectionable or in violation of these Terms and Conditions, UAMS’s policies or applicable law or for any reason whatsoever. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in our Terms and Conditions or in violation of applicable law, or for any other reason without notice or liability.
9. Linking to the Web Site. You agree that if you include a link from any other web site to the Web Site, such link shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site is discontinued, that the link open in a new browser window, and/or to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
10. Indemnification. By submitting or posting any User Information, photograph, video, and/or Submitted Materials or by using the Web Site, you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, with respect to any such User Information, photograph, video, and/or Submitted Materials, or you engage in any prohibited conduct, as described below, we may rely on your representations and warranties contained herein. You agree to defend, indemnify and hold UAMS, CDH, and the SCTRC/ACT and its affiliates and Representatives and each of their respective trustees, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees and other costs of enforcing these Terms and Conditions, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials on or through the Web Site, or your breach or violation of the law or of these Terms and Conditions. UAMS reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with the UAMS’s defense of such claim and to reimburse the UAMS for the reasonable costs and expenses thereof.
11. Third Party Web Sites. You may be able to link from the Web Site to third party websites that take you outside of our service and third party websites may link to the Web Site (“Linked Sites”). You acknowledge and agree that the UAMS has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours, and you rely on the same at your own risk. Such Linked Sites are not under our control, and links to other sites are provided solely for the convenience of users. You acknowledge that when you leave our Web Site by any means, including, but not limited to, when you click on a link that leaves the Web Site, the site you will land on is not controlled by us and different terms of use and privacy policies apply. We reserve the right to disable links from third-party sites to the Web Site, although we are under no obligation to do so. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Also, the UAMS is not responsible for any form of transmission received from any linked web site.
12. Notice and Procedure for Making Claims of Copyright Infringement. (a) We respect the intellectual property rights of others and require that the people who use the Web Site, or the services or features made available thereon, do the same. If you believe in good faith that a copyrighted work has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below. To be effective, the notification must be a written communication that includes the following:
• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) We may give notice to our users that we have received a notice of infringement by means of a general notice on the Web Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which the Newspaper’s offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Copyright Agent:
Mark Hagemeier
4301 W. Markham Street, Slot #860
Little Rock, AR 72205
Telephone: (501) 686-7608
Fax: (501) 686-7736
Email: mhagemeier@uams.edu
13. DISCLAIMER OF WARRANTIES. (a) THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OF CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE UAMS, CDH AND SCTRC/ACT ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, INFORMATION, TEXT, IMAGES, VIDEO CONTENT, AUDIO CONTENT, OR OTHER CONTENT FROM THE WEBSITE.
(b) WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE.
(c) WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, UAMS, CDH, SCTRC/ACT, ITS AFFILIATES AND REPRESENTATIVES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES
ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH UAMS, CDH, OR THE SCTRC/ACT OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY UAMS “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND UAMS OR ITS LICENSOR OR SUPPLIER.
(d) UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE WEB SITE FORM ANY RELATIONSHIP (OTHER THAN THE CONTRACTUAL RELATIONSHIP CREATED BY THIS TERMS OF USE), WHETHER IMPLIED OR EXPRESS, WITH UAMS. UAMS, CDH, AND THE SCTRC/ACT HEREBY DISCLAIM ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, MESSAGES, COMMENTS OR CONTRIBUTIONS, CONTAINED ON THE WEBSITE.
14. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL UAMS, CDH, SCTRC/ACT, ANY OF ITS AFFILIATES OR REPRESENTATIVES, OR ANY OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
15. Applicable Laws. We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site 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. All parties to these terms and conditions waive their respective rights to a trial by jury.
16. Termination. UAMS may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services (including, without limitation, content, features or hours of availability), at any time and for any reason. UAMS or the SCTRC/ACT may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. If we have banned you from the Web Site or any of the services on or available through the Web Site, you may not return to the Web Site for any reason or in any manner. Once you have been banned from use of the Web Site, you may not thereafter use the Web Site under a new username or identity. In the event that you do return, or attempt to return, to the Web Site or a particular service after you have been banned, you will be deemed to have breached these Terms and Conditions, and UAMS reserves the rights to obtain reimbursement from you for any costs and expenses incurred to enforce these Terms and Conditions and otherwise to pursue all rights and remedies available to it at law or in equity with respect to such breach. UAMS and the SCTRC/ACT maintain a policy to terminate the Web Site use privileges of users who repeatedly infringe the intellectual property rights of others (including those of the UAMS employees).
17. Changes to Terms and Conditions. UAMS reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
18. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of Arkansas, United States of America, without regard to conflict of law provisions. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
LearnTelehealth.org Privacy Policy, 1.0
LAST UPDATED: 05/02/2011
Part 1: About LearnTelehealth.org
LearnTelehealth.org is an online service for folks interested in expanding the use of Telehealth; a community that allows our members to set up unique personal profiles and, through those profiles, to create an online network of other knowledge-seeking LearnTelehealth.org members (“Members”). Members can view each others’ profiles, communicate with old friends and make new friends on the Site, share experiences, post photos, attend events, and complete training modules. To enrich our Members’ experience, we request and display some personal information to other Members and visitors, which allows our users to identify each other and expand their network of friends. LearnTelehealth.org members can change their profile information at any time and can control how other Members and LearnTelehealth.org communicates with them.
Part 2: About This Privacy Policy and Using Our Site and Tools
This Privacy Policy applies to this Site owned and operated by the South Central Telehealth Resource Center and the Arkansas Center for Telehealth (“SCTRC/ACT”), including LearnTelehealth.org (“Site”).
The LearnTelehealth.org Web site contains links to other sites. Once you enter another Web site (whether through training, service, or content link), be aware that LearnTelehealth.org is not responsible for the privacy practices of these other sites. We encourage you to look for and review the privacy statements of each and every Web site that you visit through a link on LearnTelehealth.org.
We hope that reading our Privacy Policy helps you understand how we manage information about you.
Part 3: Information We Collect About You
User Provided Information. LearnTelehealth.org collects personal information from you when you register with our Site, update your profile, interact with other Members, and use various features of our Site. To register with LearnTelehealth.org, we may ask you to provide your name, email address, and select a username and password. When you submit this information, we will send you a confirmation email. Once you are registered, you will be given the option to add additional personal information about you to your profile. By using the privacy settings on your profile, you can control which Members have access to areas of your personal profile data. Keep in mind, however, that certain basic profile data cannot be hidden and will always be displayed on the Site once they register (see, “When You Register” below.)
We may also collect information regarding your interaction with other users and your use of the Site. From time to time we may ask you to respond to surveys or other requests for information and, we collect the information you provide. We may also collect information about you through other methods, including research surveys, messages sent, posts, or information we obtain from third parties, including verification services, data services, as well as public sources. We use this information to continually offer you the most value as a LearnTelehealth.org Member.
All personally identifiable information that we collect may become part of your LearnTelehealth.org Member file and may be used by LearnTelehealth.org as provided in this Privacy Policy or as disclosed at the time you provide the information or as otherwise agreed by you.
We use the Personally Identifiable Information that you provide to respond to your questions, provide you the specific services you select, send you emails about Web site maintenance and updates, and inform you of significant changes to this Privacy Policy.
Web Logs. Like most standard Website servers, we collect information from all visitors to the Site. This information may include the browser you are using, the internet address from which you linked to our Site, the operating system of your computer, the unique IP address of the computer you used to access our Site, and usage and browsing habits. We use this information to help diagnose and troubleshoot server malfunctions, to analyze trends, track user movement in the aggregate, and gather broad demographic information. We may also use individual information we collect through web logs to send you targeted communications.
Cookies. To help make sure you receive information that is relevant to you, our Site uses data “cookies.” We use session cookies to make it easier for you to navigate our Site. A session ID cookie expires when you close your browser. We use persistent cookies to differentiate users of the Site from subscribers, to customize the content of certain sections of the Site and to enable us to track and cater to the interests of users, in order to enhance their experience on the Site. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. Cookies help us learn which areas of our site are useful and which areas need improvement. We will not use cookies or other data capture mechanisms to collect any personally identifiable information about you. You may configure your browser to prevent cookies from being set on your computer. If you reject cookies, you will not be able to use the Site. Other technologies might be used by us or our partners, such as Flash cookies, which are a form of persistent cookies technically called “Local Shared Objects” (LSOs), or HTML5 “Media Stamp” technology. Flash cookies are set through a mechanism in Adobe Flash Player. With Flash cookies, your data is stored in multiple places and it may be restored once you delete it. To prevent new Flash cookies from being placed, you can adjust your preferences on a per-site basis in the Adobe Website Privacy Settings Panel. Using this tool, Flash cookies can be completely disabled or allowed on a per-domain basis. Flash cookies are stored in a special directory depending on the operating system on your computer. They are arranged in directories according to the site that placed them on the computer (look for a file with a .SOL). HTML5 or Media Stamp technology has a local storage feature that, when used, allows for quicker access to a website upon a return visit. HTML5 is currently supported by some mobile devices and desktop browsers. Like Flash cookies, HTML5 Media Stamp data is not stored in a browser’s “cookies” file.
Web Beacons. Our Web pages and our e-mail newsletters contain “web beacons.” Web beacons allow us to count users that have visited a web page or opened an email that contains a web beacon and collect other types of aggregate information. Using this information, we are able to measure the effectiveness of our communications and how visitors use our Site. This allows us to learn what pages are most attractive to our visitors, which parts of our Site are the most interesting and what kind of materials our Members like to see. We do not link Non-Personal Information from Web Beacons to Personally Identifiable Information without your permission and do not use Web Beacons to collect or store Personal Information about you.
Third Parties Collecting Non-Personal Information. Third parties under contract with the Organization may use Cookies or Web Beacons to collect Non-Personal Information about your usage of our Site. We employ Google, Inc. (Google Analytics) to analyze site use and traffic.
Newsletters & Emails to You. At registration and at various times as you use the Site, you will be given the option of receiving recurring informational/promotional newsletters via email from LearnTelehealth.org and/or directly from third parties. These emails will not contain Personal Information.
In some cases, when you click on a link or an advertisement on our site, in an e-mail or newsletter, your browser may be momentarily directed to the website of a third party which, acting on behalf of LearnTelehealth.org notes or “counts” your response to the e-mail or newsletter before re-directing your browser to your selected destination; this re-direction process may not be apparent to you.
If you decide that you would prefer not to receive personalized email or secure electronic messages from LearnTelehealth.org, you may “Opt-out” of the service via Settings on the Site.
Emails You Send to LearnTelehealth.org. This Privacy Policy does not apply to content, business information, ideas, concepts or inventions that you send to the Organization or Site by email. If you want to keep content or business information, ideas, concepts or inventions private or proprietary, do not send them in an email to LearnTelehealth.org. We try to answer every email within 48 business hours but are not always able to do so.
Email a Friend. If you use our Email a Friend service to tell a friend about our site or newsletter, we will ask you for your name, your email address, and your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the site using your name and email address as the “from” email address. LearnTelehealth.org does not use your name, your email address or your friend’s email information for any other purpose. We will only use the information you provide to send the email you request.
Communities, Blogs, and other Public Forums. LearnTelehealth.org features several community areas and other public forums where users with similar interests can share information and support one another or where users can post questions for experts to answer. We also offer online discussions moderated by medical or healthcare experts. Our communities are open to the public and should not be considered private.
Any information you share in any online community area (including Personally Identifiable Information) like a blog, forum, message, posting or online discussion is by design open to the public and is not private. You should think carefully before posting any Personally Identifiable in any public forum. What you post can be seen, disclosed to or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. As with any public forum on any site, the information you post may also show up in third-party search engines like Google, Yahoo, MSN, Bing etc.
Website Registration and Interactive Tools. After you have registered as a member of LearnTelehealth.org, you may choose to use certain interactive content, tools, and services that may ask you to voluntarily provide other types of information about yourself. Some of the tools (like certain quizzes) do not retain your Personal Information, while others store your Personal Information in accordance with the authorization you provide at the time you use the tool.
Monitoring. We have the right, but not the obligation, to monitor any activity and content associated with the public and private forums and interactive areas on our Site. Please review our Terms of Service for more information regarding your appropriate use of these areas.
Children. We are committed to protecting the privacy of children. Neither LearnTelehealth.org nor any of its services are designed or intended to attract children under the age of 13. We do not collect Personally Identifiable Information from any person we actually know is under the age of 13. Parents may establish a membership on behalf of their minor, however, the parent or guardian is solely responsible for providing supervision of the minor’s use of this Site. The parent or guardian assumes full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate. The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through the Site for the minor.
Market Research. From time to time the LearnTelehealth.org market research department, or our operations contractors acting on our behalf, conducts online research surveys through email invitations, pop-up surveys, and online focus groups. When participating in a survey, we may ask you to enter Personally Identifiable Information. LearnTelehealth.org may combine your Personally Identifiable Information that you submit in a survey with information about you from other sources only. This Personally Identifiable Information is used by LearnTelehealth.org for research purposes. Aggregate Information from the survey results may be reported externally. Personally Identifiable Information collected through market research will be used only by the SCTRC/AT and our partners and will not be given or sold to any other third party without your consent or as otherwise allowed by this Privacy Policy.
In addition to collecting survey responses from our members, Cookies may be used to authenticate respondents or to help you pick up where you left off in a survey. If you have Cookies disabled you may not be able to participate in some studies. Cookies may be used to connect survey data with Site usage characteristics. In connection with surveys on our behalf and on behalf of our partners we may use cookies to determine whether you have seen certain content so that we may request your opinions.
Part 4: Disclosure of Your Information
Except as described in this Privacy Policy or as specifically agreed to by you, the SCTRC/ACT will not disclose any Personally Identifiable it gathers from you on our website. We may only release Personally Identifiable to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as in response to a physical threat to you or others, to protect property or defend or assert legal rights. In the event that we are legally compelled to disclose your Personally Identifiable to a third party, we will attempt to notify you unless doing so would violate the law or court order. In addition, we may disclose Personal Information as described below.
Disclosure to LearnTelehealth.org Operations and Maintenance Contractors. LearnTelehealth.org operations and maintenance contractors sometimes have limited access to your Personally Identifiable Information in the course of providing products or services to WebMD. These contractors include vendors and suppliers that provide us with technology, services, and/or content for the operation and maintenance of our Web site.
We also contractually require that our operations and maintenance contractors 1) protect the privacy of your Personally Identifiable Information consistent with this Privacy Policy, and 2) not use or disclose your Personally Identifiable Information for any purpose other than providing us with products and services as required by law.
Disclosure to Third Party Contractor Websites. Certain content and services offered to you through our website are served on Web sites hosted and operated by a company other than the LearnTelehealth.org (“Third Party Contractor Websites”). The SCTRC/ACT and LearnTelehealth.org do not disclose your Personally Identifiable Information to these Third Party Contractor Websites without your consent, but you should be aware that any information you disclose once you access these other Web sites is not subject to this Privacy Policy. LearnTelehealth.org does not endorse and is not responsible for the privacy practices of these Third Party Contractor Web sites. You should review the privacy policy posted on the other Web site to understand how that Third Party Contractor Website collects and uses your Personally Identifiable Information. LearnTelehealth.org makes an effort to make it obvious to you when you leave our website and enter a Third Party Contractor Web site, either by requiring you to click on a link or by notifying you on the site before you visit the third party site. In addition, if you see a phrase such as “Powered by” or “in association with” followed by the name of a company other than LearnTelehealth.org, then you are on a Web site hosted by a company other than LearnTelehealth.org.
Waiver: The University of Arkansas System, its Board of Trustees, the University of Arkansas for Medical Sciences, the SCTRC/ACT, and LearnTelehealth.org and any/all of its employees, agents, and board members ASSUME NO RESPONSIBILITY OR LIABILITY WITH REGARD TO ANY THEFT, LOSS, ALTERATION OR MISUSE OF PERSONAL OR OTHER INFORMATION LAWFULLY PROVIDED BY LearnTelehealth.org TO THIRD PARTIES, OR WITH REGARD TO THE FAILURE OF ANY THIRD PARTY TO ABIDE BY THIS PRIVACY POLICY OR AGREEMENT BETWEEN THAT THIRD PARTY AND LearnTelehealth.org.
Disclosure of Aggregate Information. LearnTelehealth.org and the SCTRC/ACT may provide Aggregate Information to third parties. For example, we might inform third parties regarding the number of users of our website and the activities they conduct while on our site. We require parties with whom we share Aggregate Information to agree that they will not attempt to make this information personally identifiable, such as by combining it with other databases.
Part 8: How LearnTelehealth.org Handles Privacy and Security Internally
Here are some of the security procedures that the Site uses to protect your privacy:
• Requires both a personal username (log-in name) and a password in order for users to access their Personally Identifiable Information.
• Requires both a personal username (log-in name) and a password in order for users to access their Personally Identifiable Information.
• Uses firewalls to protect information held on our servers.
• Closely monitors the limited number of SCTRC/ACT employees who have potential access to your Personally Identifiable Information.
• Requires all SCTRC/ACT employees to abide by our Privacy Policy and to be subject to disciplinary action if they violate it.
• Backs-up our systems to protect the integrity of your Personally Identifiable Information.
Despite the SCTRC/ACT’s efforts to protect your Personally Identifiable Information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted.
Part 5: Updating Your Information and Contacting LearnTelehealth.org
Updating Your Personally Identifiable Information. LearnTelehealth.org tools that collect and store self-reported data allow you to correct, update or review the information you have submitted by going back to the specific tool, logging-in and making the desired changes. LearnTelehealth.org may store user submitted data (PII) in an active or backup database for a period of not less than six (6) years.
Removing your Personal Information. If you have a complaint or problem, please use our Customer Support Form (Contact Us.) Our customer service department will forward your complaint to the appropriate internal LearnTelehealth.org department for a response or resolution. We try to answer every email within 48 business hours, but may not always be able to do so.
If you do not receive adequate resolution of a privacy related problem, you may write to LearnTelehealth’s Privacy Office at:
South Central Telehealth Resource Center/Arkansas Center for Telehealth
Attn: Office of Privacy
4301 West Markham, #519
Or call: 855-664-3450
Limitations on Removing or Changing Information. Upon your request, we will delete your Personally Identifiable from our active databases and where feasible from our backup media. You should be aware that it is not technologically possible to remove each and every record of the information you have provided to LearnTeleheatlh.org from our servers.
Part 6: Changes to This Privacy Policy
Personally Identifiable Information. We will inform you if a material change is made to the Privacy Policy, which means a change that expands the permissible uses or disclosures of Personally Identifiable Information allowed by the prior version of the Privacy Policy. Your continued use of the LearnTelehealth.org Web site will indicate acceptance of the changes. You may, of course, choose to Opt-out of continuing to use the Site. Please exit the site immediately if you do not agree to the terms of this Privacy Policy or any revised policy.
Non-Significant Changes. LearnTelehealth.org may make non-significant changes to the Privacy Policy that do not affect Personally Identifiable Information. For these instances, LearnTelehealth.org may not notify you of such non-significant changes.
If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places appropriate throughout our site so that you are aware of what information we collect, how we use it, and under what circumstances if any, we disclose it.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, and by means of a notice on our homepage.
