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Testimonial |
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“You have put together an incredibly useful, informative, elegant, and comprehensive system for the key elements involved in managing and marketing a healthcare practice. You make it easy for physicians and other clinicians to understand marketing and sound business practices for a profitable practice - and put those practices into place quickly and effectively.”
- Harvey N., MD, Oncologist
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Terms of Service |
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Acceptance
of Terms of Service
These Terms of Service govern your use of all websites published
by The Healthcare Marketing & Practice Management Institute
(“HMPMI”). By using, visiting, or browsing The Healthcare
Marketing & Practice Management Institute’s websites,
you accept and agree to be bound by these Terms of Service.
If you do not agree to these Terms of Service, you should not
use The Healthcare Marketing & Practice Management Institute
's websites.
Changes to Terms of Service
HMPMI reserves the right, from time to time, with or without
notice to you, to change these Terms of Service in our sole
discretion. The most current version of these Terms of Service
is posted on the site, and can be reviewed by clicking on the
"Terms of Service" link located at the bottom of most
of the sites' pages. The most current version of the Terms of
Service will supersede all previous versions. Your use of the
HMPMI websites after changes are made means that you agree to
be bound by such changes.
Privacy
Any information submitted on HMPMI's websites is subject to
our Privacy Policy, the terms of which are incorporated herein.
Membership and Billing
You can find the specific details regarding your billing program
with HMPMI at anytime by viewing the payment terms on the registration
page you used to register with your program. We reserve the
right to terminate any account at any time for any reason.
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Billing |
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As a customer
of a HMPMI program, you
agree that we are permitted to charge or debit, as applicable,
your fees and any applicable tax or other charges you
may incur in connection with your use of HMPMII's
services. As used in these Terms of Service, "billing"
shall indicate either a charge or debit, as applicable,
against your Payment Method. The fee will be billed according
to the terms on your registration page (the page where
you entered your account information). You shall be responsible
for all charges incurred through your account as well
as for paying any applicable taxes. We will automatically
bill your Payment Method for each billing period on the
calendar day corresponding to the commencement of your
membership. If you want to use a different Payment Method
or if there is a change in your credit card validity or
expiration date, you may edit your Payment Method information
by contacting us at info@healthcaremarketinginstitute.com. |
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Your right
to use a HMPMI program is
conditional upon our receipt of payment. If payment cannot
be charged to your credit card or if a charge is refunded
for any reason, including chargeback, we reserve the right
to immediately and without notice, either suspend or terminate
your access and account, thereby terminating this Agreement
and all HMPMI obligations
hereunder. You are required to pay any amounts still owed
to us at the time your account is suspended or terminated.
Terminations are not retroactive. If you have an outstanding
balance due on any HPMMI account, you hereby agree that
HMPMI may charge these unpaid
fees to your credit card. |
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Your satisfaction
with this program is 100% guaranteed. However, we rely
on the good faith of our members/clients to take the time
to fully review our materials and also contact us with
comments and questions before making a decision. Also,
if you choose to ask for a refund, you agree to return
all materials in full and destroy any copies made. |
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Account Access
For programs that allow you access to a password-protected site,
HMPMI works to make your online experience as customized and
personalized as practical. In order to provide you with ease
of access to your account, HMPMI may place a cookie (a small
text file) on any computer from which you access HMPMI's websites.
When you revisit HPMMI's websites, this cookie will enable us
to recognize you. This allows HMPMI to automatically determine
your account access privileges while allowing you to navigate
the websites without having to repeatedly log in. It also helps
us understand and meet your interests and needs; allow tracking
and authentication of your use of the message boards; and more
accurately collect other information, such as survey data. You
are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer.
Disclaimers of Warranties and
Limitations on Liability
HPMMI's websites and its contents are provided "as is"
and we make no representations or warranties of any kind with
respect to HMPMI's websites or its contents. We assume no liability
or responsibility for any errors or omissions in the content
of HMPMI's websites, any interruptions, failures, or delays
in the delivery of any content contained on HMPMI's websites,
any losses or damages arising from the use of the content provided
on HMPMI's websites, or any conduct by users of HMPMI's websites.
We disclaim all representations and warranties, including, for
example, non-infringement, warranties of merchantability, and
fitness for a particular purpose. In addition, we do not represent
or warrant that the information accessible via our sites is
accurate, complete or current. In
no event shall HMPMI, its shareholders, directors, officers,
or employees be liable (jointly or severally) to you for any
special, incidental, indirect or consequential damages of
any kind, or any damages whatsoever resulting from loss of
use, data or profits, whether or not advised of the possibility
of damage, and on any theory of liability, arising out of
or in connection with the use or performance of this information.
If any applicable authority holds any portion of this section
to be unenforceable, then liability will be limited to the
fullest possible extent permitted by applicable law.
Indemnification
You agree to indemnify, defend, and hold HMPMI and its subsidiaries,
affiliates, officers, directors, agents, co-branders or other
partners, employees, and representatives harmless from and
against any and all claims, damages, losses, costs or expenses
(including reasonable attorneys' fees and disbursements) which
arise directly or indirectly out of or from (i) your breach
of this Agreement, (ii) any allegation that any materials
that you submit to HMPMI or post on message boards infringe
or otherwise violate the copyright, trade secret, trademark
or other intellectual property rights of a third party, and
(iii) your access or use of the Sites and/or the Services.
This indemnification shall survive in the event this agreement
is terminated for any reason.
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Acknowledgements
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With regard to
HMPMI's websites, you acknowledge
and agree that you will not: |
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1.
delete any legal notices, author attributions, or proprietary
designations or labels on any part of the site;
2. copy or otherwise re-create the source code, reproduce,
publish, distribute, transmit, display, license, create
derivative works from, transfer or sell any information,
software, products or services obtained through the websites;
3. transmit any content that is harmful, threatening,
unlawful, or otherwise objectionable which may invade
another's right of privacy or publicity;
4. post or transmit any material that contains a virus
or corrupted data;
5. impersonate any person or entity, including, without
limitation, an HMPMI entity; or falsely state or otherwise
misrepresent your affiliation with such a person or entity;
6. use any of the websites' features in a manner that
limits availability of resources to other users (e.g.,
monopolizing the message boards, where applicable);
7. delete or revise any material posted by someone else;
8. violate any applicable local, state, national or international
law;
9. submit or publish any material that infringes on patent,
trademark, trade secret, copyright or other proprietary
rights of any party;
10. register, subscribe, attempt to register, attempt
to subscribe, unsubscribe, or attempt to unsubscribe,
any party for any HMPMI website if you are not expressly
authorized by such party to do so; or
11. use the websites for any purpose that is unlawful
or prohibited by these terms and conditions. You may not
use the websites in any manner that could damage, disable,
overburden or impair HMPMI's servers or networks, or interfere
with any other user's use and enjoyment of the websites.
Furthermore, you may not attempt to gain unauthorized
access to any of the accounts, computer systems or networks
connected to HMPMI through hacking, password mining or
any other means. You may not obtain or attempt to obtain
any materials or information through any means not intentionally
made available through websites. |
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Accounts,
Passwords and Security
If any of the HMPMI websites
require you to open an account, you must complete the registration
process by providing HMPMI with
current, complete and accurate information, as prompted by
the applicable registration form. You acknowledge that by
providing any information to HMPMI
which is untrue, inaccurate, not current or incomplete, HMPMI
reserves the right to terminate this Agreement and your continued
access and use of the websites.
As part of the registration
process, you will be asked to select a password. You are entirely
responsible for maintaining the security and confidentiality
of your account and password. Further, you are entirely responsive
for any and conduct through your account, whether by you or
someone else. You agree to notify HMPMI immediately of any
unauthorized use of your account or any other breach of security.
HMPMI will not be liable for any loss that you may incur as
a result of someone else using your password or account, either
with or without your knowledge. However, you may be held liable
for any losses incurred by HPMMI or another party due to someone
else using your account or password.
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Intellectual Property
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Copyright
The compilation
of all content on this site is the exclusive property
of HMPMI and protected by U.S. and international copyright
laws. All content included on HMPMI's websites, including
text, graphics, photographs, button icons, images, audio/video
clips, logos, designs, digital downloads, data compilations,
and software, is the property of HMPMI or its suppliers
and is protected by United States and international
copyright laws. They should not be reproduced or used
without express written permission from HPMMI.
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Trademarks
The Healthcare Marketing & Practice Management
Institute is pending status as registered trademarks
of HMPMI. All HMPMI
logos, graphics, button icons, scripts, page headers,
and service names are now or are pending status as trademarks
or trade dress of HMPMI.
HMPMI's trademarks, pending
trademarks, and trade dress may not be used in connection
with any product or service that is not HMPMI's,
in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits
HMPMI. All other trademarks
not owned by HMPMI that
appear on HMPMI's websites
are the property of their respective owners, who may
or may not be affiliated with, connected to, or sponsored
by HMPMI. Any images of
persons or personalities contained on HMPMI's
websites shall not be an indication of endorsement of
any particular product or our service unless otherwise
specifically indicated.
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Use of Information
Submitted
HMPMI is free to use any comments, concepts, reviews, information,
ideas, or techniques contained in any communication you may
send to HMPMI, including, without limitation, responses to questionnaires
or through postings to HMPMI's websites without further compensation,
acknowledgement or payment to you for any purpose whatsoever
including, but not limited to, developing, manufacturing and
marketing products and creating, modifying or improving HMPMI's
websites or other websites. In addition, by posting any information
on our site, submitting suggestions, or in responding to questionnaires,
you grant us a nonexclusive, royalty-free license to display,
use, reproduce or modify that information. Under no circumstances
shall HMPMI have any obligation whatsoever to pay a fee to any
subscriber or user in connection with the Submitted Materials
upon the occurrence of a transfer of all or any portion of HMPMI's
business through a merger, sale or transfer of its assets, nor
shall the sale of advertising on any of the websites give rise
to any obligation to pay a fee to subscribers. You
acknowledge and agree that the websites contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws, and are the sole property
of HMPMI or its licensors. You
further acknowledge and agree that any content contained in
advertisements or information presented to you through advertisers
concerning HMPMI or otherwise
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws.
None of the Submitted Materials disclosed
or posted via community boards or other public forums shall
be subject to any obligation, whether of confidentiality,
attribution, or otherwise, onHMPMI's part and we shall not
be liable for any use or disclosure of any such Submitted
Materials.
Disclaimer of Liability
You have the responsibility to check with applicable laws
in your jurisdiction regarding whether the approaches we suggest
meet legal or licensing requirements, or standards, in your
jurisdiction.
HMPMI makes no claims about the amount you can earn using
our programs. The healthcare field is a competitive one, and
the people in it have varying degrees of business skill and
ability. HMPMI is in no way liable or responsible for the
business results you achieve. You understand that the information
in this program is not meant to be a complete business plan.
You should consult legal, accounting, other marketing professionals,
and other resources to fully assess your risks and opportunities.
Your Conduct on HPMMI's Websites
By accessing HMPMI's websites, you agree not to upload, post,
email or otherwise send or transmit any material that contains
software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment associated with HMPMI's websites. You also agree
not to interfere with the servers or networks connected to
HMPMI's websites or to violate any of the procedures, policies
or regulations of networks connected to HPMMI's websites,
the terms of which are incorporated herein. You further agree
not to impersonate any other person while using HMPMI's websites,
conduct yourself in a vulgar or offensive manner while using
our service, or use HMPMI's websites for any unlawful purpose.
Limitations on Use
You must be 13 years of age or older to use HMPMI's service.
Unless otherwise specified in writing, the content on HMPMI's
websites is for your personal and non-commercial use and we
grant you a limited license to access HMPMI's websites for
that purpose. Without our express written consent, you may
not download (other than through page caching necessary for
personal use), modify, copy, distribute, transmit, display,
perform, reproduce, duplicate, publish, license, create derivative
works from, or offer for sale any information contained on,
or obtained from, HMPMI's websites. Any unauthorized use of
HMPMI's websites or its contents will terminate the limited
license granted by us.
Right to Terminate
We reserve the right to terminate or restrict your use of
our service, without notice, for any or no reason whatsoever.
Links
Some of the links on HMPMI's websites may lead to other websites
that are not controlled by, or affiliated with, HMPMI. In
addition, other websites may link to HMPMI's websites. HMPMI
has not reviewed these websites and is not responsible for
the content or privacy policies of these websites.
Contact
If you have questions concerning your account, please contact
Customer Service. If you have questions concerning this privacy
policy or the terms of use, please contact
info@healthcaremarketinginstitute.com.
General Information
This Agreement and the relationship between you and HMPMI
shall be governed by and construed in accordance with the
laws of the State of Florida, without regard to its conflict
of law provisions. You and HMPMI irrevocably agree to submit
to the personal and exclusive jurisdiction of the federal
and state courts located within the county of Sarasota, in
the State of Florida, and waive any jurisdictional, venue,
or inconvenient forum objections to such courts. The failure
of HMPMI to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right
or provision. If any provision of this Agreement is found
by a court of competent jurisdiction to be unlawful, void
or for any reason unenforceable, then that provision shall
be deemed severed herewith and shall not affect the validity
and enforceability of any remaining provisions. The section
titles in this Agreement are for convenience purposes only
and have no legal or contractual effect. This Agreement is
not assignable, transferable or sub-licensable by you except
with our prior written consent. However, we may assign this
Agreement to any third party whom we choose without your consent.
No waiver by HMPMI of any breach or default hereunder shall
be deemed a waiver of any preceding or subsequent breach or
default.
Update posted: February, 2006
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