PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING! ALL USERS ARE BOUND TO THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING ANY WEBSITES OR OTHER SERVICE DEVELOPED, HOSTED AND/OR OPERATED BY Duck Ranch LLC, the management company for Pediatric Federation LLC (“PediaFed”).
Overview: Duck Ranch LLC (the management team for Pediatric Federation LLC) develops, hosts, licenses and/or operates a variety of websites and other services, which provide information relating to the medical education, effective office management, group purchasing and a forum for collaboration for participating Medical Practices (collectively "the Services"). Only authorized Participants ("the Participants" "you" or "your") may access the Service.
PediaFed Does Not Practice Medicine And Does Not Recommend Health Care Providers: PediaFed provides the Service in part to help health care providers manage their offices, and communicate and investigate issues relating to their patient’s health. PediaFed does not engage in the practice of medicine and under no circumstances recommends treatments, makes diagnoses or offers counseling or any other professional services for specific individuals. PediaFed also does not screen, rank or verify the experience, skill, education, qualifications or training of any health care providers accessing the site and communicating with their peers.
Please remember that medical care is improving constantly and dealing with new challenges. New ideas, practices and research prompt continuous changes in doctors' understanding and recommendations. The possibility of differing opinions and changes in medical science prevents PediaFed from doing anything more than urging offices to consult the available information and literature if there are questions about a medical condition. The Service is provided for management and educational purposes only with the understanding that neither PediaFed nor its representatives, affiliates, customers, suppliers or Participants use it to make diagnoses, recommend treatments or provide medical, counseling or other professional services or advice.
PediaFed does not recommend or endorse any products, information, services or materials unless we specifically say so. From time to time, contributors to the Service may refer to or recommend specific products, information, services or materials. Such statements are solely the responsibility of the contributor.
Unauthorized Access Is Prohibited: Only authorized Participants in good standing with valid passwords may access The Service. Accessing the Service without proper authorization is forbidden and shall constitute a trespass. PediaFed reserves the right to pursue any and all remedies available to prevent and recover for harms arising from unauthorized access, including but not limited to equitable relief. Neither PediaFed nor any of its representatives, customers, Participants agents or affiliates shall be liable for any damages, injuries, claims or causes of action brought by anyone who improperly accesses the Service and/or who uses any information, products, materials and/or services referred to in a Service which the claimant was not authorized to access, including any damages, injuries claims or causes of action based in contract, tort or warranty.
Copyright: copyrights, trademarks, trade secrets and other intellectual property rights protect The Service. Participants must ensure that they do not violate any applicable intellectual property laws or rights of others. Authorized Participants in good standing may download copyrighted material from the Service for their own personal, non-commercial use to the extent permitted by PediaFed and/or the sponsor of the particular website or service. Permission may be revoked at any time at the discretion of the Service sponsor or PediaFed. Except as expressly provided by copyright law, Participants must obtain permission before editing, copying, publishing, distributing, re-distributing, translating or otherwise using any material from the Service in any medium whether now in existence or hereafter invented.
Trademarks, Trade names, Service Marks and Logos: PediaFed, PediaFed.com, Pediatric Federation and the PediaFed Logo. All other trademarks, trade names, service marks and logos are the property of their respective owners. PediaFed does not intend to suggest nor is there an affiliation between PediaFed and the respective owner(s) unless we specifically say so.
Links to other websites: The Service may include links to other Internet websites solely as a convenience to Participants. PediaFed does not endorse any information, products or services on other websites and Participates use such websites at their own risk.
Participants Who Contribute To The Service: Participants who post information, material or messages to the Service grant PediaFed the right to edit, copy, publish, distribute, translate and otherwise use or not use in any medium such material. Subject to these grants, a Participant retains the right s/he may have in such material. PediaFed is not responsible for the contents or accuracy of any such contributions and shall not be liable for any loss, claim, damage or liability arising from such contributions.
Conduct: PediaFed wants the Service to be a pleasant, informative place to visit! Help us by following certain rules of the road:
* Participants who are given passwords to access particular websites or other service should not share the passwords with others or allow others to gain unauthorized access to the Service.
* Although PediaFed is not responsible for any content on websites or other services that it may host, PediaFed urges Participants to create a respectful, supportive and courteous environment. Participants should respect the rights of others, including rights of privacy and the right not to be slandered, libeled or harassed. Participants shall not publish information that is profane, abusive, threatening, harmful, harassing, defamatory, vulgar, profane, ethnically or racially hateful or otherwise or gives offense to the average person.
* Participants may not use the Service for any activity that is prohibited by the laws of California or the United States. Members also are cautioned that the law relating to online systems is unsettled, and may be affected by laws outside PediaFed's and the Participant's locality.
Right To Remove/ Delete Information: Although PediaFed is not obligated to review or police any content on the Service, PediaFed reserves the right to remove from view and/or delete any resource or content on the Service at its discretion. PediaFed also reserves the right to terminate any Participant's access privileges.
Participants Responsible For Fees/ Surcharges That They Incur: Participants are responsible for promptly paying all fees and surcharges associated with or resulting from their use of the Service. For example, if a Participant purchases a product or service or obtains information for which there is a charge via the Service, the Participant is responsible for promptly paying any resulting fees or surcharges directly to the product, service or information provider.
Termination: PediaFed may terminate this Agreement at any time at its discretion. Participants may terminate this Agreement by contacting PediaFed customer service at (PediaFed.com)
Changes in Terms and Conditions: PediaFed reserves the right to modify this Agreement at its sole discretion at any time and in any manner, effective immediately upon the availability of the Service to any Participants or via any other method of delivery. Participants agree periodically to review this Agreement and continued access or use of the Service after modification will constitute acceptance of the modified Agreement.
Indemnity: Anyone who contributes to the Service in any form, including opinions, recommendations or referrals, agrees to indemnify and hold PediaFed harmless against any and all claims, losses, costs and liabilities including damages that PediaFed may incur as a result of supplying or being alleged to have supplied any inaccurate, defamatory, infringing, misleading or, unlawful information. Participants also agree to indemnify and hold harmless PediaFed and its representatives, affiliates and suppliers from any loss, claim or liability (including attorneys' fees) arising from violations of this Agreement.
DISCLAIMER OF WARRANTIES AND LIMITS ON DAMAGES:
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND.
PEDIAFED AND ALL OF ITS MEMBERS, PARTICIPANTS, REPRESENTATIVES, CONTRACTORS, AGENTS, AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON THE SERVICE. IN ADDITION, PEDIAFED AND ALL OF ITS MEMBERS, PARTICIPANTS, REPRESENTATIVES, CONTRACTORS, AGENTS, AFFILIATES AND SUPPLIERS ASSUME NO LEGAL LIABILITY FOR THE ACCURACY, COMPLETENESS, CURRENCY, TIMELINESS, AVAILABILITY, USEFULNESS OR RELIABILITY OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS ON THE SERVICE, OR FOR ANY ERRORS AND OMISSIONS IN THE CONTENT OR OPERATION OF THE SERVICE.
IN NO EVENT SHALL PEDIAFED OR ANY OF ITS MEMBERS, PARTICIPANTS, REPRESENTATIVES, CONTRACTORS, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM OR ARISING OUT OF THE USE OR LOSS OF USE OF THE SERVICE OR ANY INFORMATION, SERVICES OR PRODUCTS REFERRED TO THEREIN, INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT, NEGLIGENCE, OR FOR ALLEGEDLY TORTIOUS CONDUCT, INCLUDING ANY BREACH OF WARRANTY. MEMBERS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THAT THE SERVICE WOULD NOT BE PROVIDED ABSENT SUCH LIMITATIONS.
Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Miscellaneous: This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. All disputes regarding the scope, force and effect of this Agreement, or the relationship, if any, between PediaFed and any Participants, including any claims based upon allegedly tortuous conduct or breach of warranty, shall be brought in a court of competent jurisdiction in the State of Delaware.
PediaFed may in its reasonable good faith and discretion and without notice to the Participant, provide Participant information and records to courts, law enforcement agencies or others involving in prosecuting crimes or investigations for conduct alleged or believed to be illegal or to violate or threaten the rights of any person or entity.
The provisions in this Agreement concerning unauthorized access, choice of law and forum, disclaimer of warranty, indemnity and limits on damages shall survive the termination of this Agreement. If any provision of this Agreement is deemed unenforceable and/or invalid, no other provision shall be affected, and the remaining provisions shall be construed and continue with the same effect as if the unenforceable provision or invalid provision was not a part of the Agreement.
This Agreement may be assigned by PediaFed to a successor of substantially all of the stock or assets of PediaFed and shall inure to the benefit of and be binding upon such successors and assigns.
Notice to PediaFed may be provided by first class mail or overnight courier to Pediatric Federation LLC, P.O. Box 10382, San Rafael, CA. 94912. Any dispute or controversy surrounding or arising out of this Agreement or any website hosted by PediaFed shall be settled initially by non-binding mediation in Marin County, California with out prejudice to the rights of the parties if that is not successful.