Terms and Conditions of Use
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE.
The PIAA provides a website ("PIAA Site") that makes available general information regarding the medical professional liability insurance industry, and specialized information to its member companies. The PIAA site is owned and operated by the PIAA and is provided to registered members of and visitors to the PIAA Site under the terms and conditions of these Terms and Conditions of Use (“Conditions) and any operating rules, policies, and procedures that may be published from time to time on this website by the PIAA. All PIAA members are automatically given access to a password for use on the PIAA Site as of the effective date of their membership. Certain areas ("Member Areas") of the PIAA Site are available only to Members.
ALTHOUGH ONLY MEMBERS HAVE ACCESS TO THE MEMBER AREAS, VISITORS MAY ACCESS CERTAIN PORTIONS OF THE PIAA SITE FOR INFORMATION PURPOSES AND ARE SUBJECT TO ALL OF THE TERMS. MEMBERS AND VISITORS ARE COLLECTIVELY REFERRED TO IN THIS AGREEMENT AS "USERS ".
BY USING THE PIAA SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS. IF YOU DO NOT ACCEPT ALL OF THE TERMS, DO NOT ACCESS THE PIAA SITE.
2. ELIGIBILITY FOR USE OF THE SITE.
There is no charge for use of the PIAA Site. The Member Areas of the PIAA Site are available to individuals who are at least 18 years of age and are employed by a PIAA Member Company. If you do not qualify, please do not attempt to use the Member Areas of the PIAA Site. Each individual from a Member Company (“Designated Employee”) who accesses the site shall be considered a User under these Terms. A Designated Employee shall at all times be deemed to be acting on behalf of the Member Company with which such Designated Employee is associated. In the event that a Designated Employee ceases to be an authorized representative of the Company, (whether due to termination of employment or otherwise), the Company shall notify the PIAA immediately. Such notification shall be in writing and shall include the name of the Designated Employee, the effective date that he or she ceases to be a Designated Employee and, if applicable, the appointment of any new Designated Employee for the Company. Upon issuance of a reply notice by the PIAA acknowledging the change in the PIAA's authorization records, such former Designated Employee shall no longer be deemed to be a Member. The PIAA will be entitled to rely on any notice it receives from a User. The PIAA may refuse to offer access to the Member Areas to anyone and may change its criteria for use of the PIAA Site, at any time, in its sole discretion.
In order to have access to the PIAA Site, the User must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for User's own access to the World Wide Web; and (3) pay any telephone or other service fees associated with such access. In order to have access to the Member Areas, Members must provide certain current, complete, and accurate information about Member as prompted to do so by the registration form (“Registration Data”); and maintain and update such registration information as required to keep such information current, complete and accurate. If any Registration Data that any Member provides is untrue, inaccurate, not current or incomplete, the PIAA retains the right to terminate Member's account and Member's rights to use the PIAA Site.
5. MEMBER PASSWORD AND SECURITY.
Access to and use of the Member Areas is through a combination of a unique member name ("Member Name") and a password ("Password"). Member agrees to immediately notify the PIAA of any unauthorized use of the PIAA Site or a Member's account (including unauthorized use of a Member Name or Password by any employee, agent, or representative of the Company who is not a Designated Employee) or any other breach of security known to Member, it being understood that the Designated Employee's knowledge shall be imputed to the Company. Unauthorized access to the PIAA Site, or to the telecommunications or computer facilities used to deliver the PIAA Site, is a breach of the Terms and is a violation of law.
6. MODIFICATIONS TO TERMS.
The PIAA may change the Terms from time to time. Upon any change in the Terms, the PIAA will post the amended Terms on this site. The amended Terms shall automatically become effective immediately after they are initially posted on this site. The Terms were last revised on June 1, 2009. User's continued use of the PIAA Site after the posting of the amended Terms on this site constitutes User's affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended.
7. MODIFICATIONS TO PIAA SITE.
The PIAA reserves the right to modify or discontinue all or part of the PIAA Site, temporarily or permanently, with or without notice to User, and is not obligated to support or update the PIAA Site. User acknowledges and agrees that the PIAA shall not be liable to User or any third party in the event that the PIAA exercises its right to modify or discontinue all or part of the PIAA Site.
The PIAA Site may provide links to other websites or resources. User acknowledges and agrees that the PIAA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. User agrees that the PIAA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources.
9. PROPRIETARY RIGHTS.
User acknowledges that content, including but not limited to general information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images on the PIAA Site, commercially produced information, and other material contained on the PIAA Site ("Content"), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and User is only permitted to use the Content as expressly authorized by the PIAA. These Terms do not transfer any right, title, or interest in the PIAA Site or the Content to User, and User may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by the PIAA. User agrees not to use or divulge to others any information designated by the PIAA as proprietary or confidential.
10. USER CONDUCT.
A. User is Solely Responsible for Conduct. User agrees that it is solely responsible for its actions, and the content of its transmissions through or postings on the PIAA Site, it being understood that the Designated Employee acts on behalf of the Company in all actions and submissions on the PIAA Site.
B. No Illegal or Deceptive Acts. User agrees:
1. to abide by all applicable local, state, national, and international laws and regulations in User's use of the PIAA Site;
2. not to use the PIAA Site to harm minors in any way;
3. not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the PIAA Site;
4. not to impersonate any person or entity or falsely state or otherwise misrepresent User's affiliation with a person or entity, including whether User represents a Company;
5. to comply with all laws regarding the transmission of technical data (including without limitation encryption) exported from the United States through the PIAA Site;
6. not to use the PIAA Site to collect or harvest personal information, including, without limitation, financial information, about other Users of the PIAA Site;
7. not to upload, post, e-mail or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as party of an employment relationship or under a nondisclosure agreement);
8. not to disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other Users ability to engage in real time exchanges;
9. not to "stalk" another User;
10. not to use the PIAA Site for illegal purposes; and
11. to comply with all regulations, policies and procedures of networks connected to the PIAA Site.
C. Libelous or Scandalous Materials. User agrees:
1. not to post, promote or transmit through the PIAA Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature;
2. not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
3. not to interfere with another User's use and enjoyment of the PIAA Site or another entity's use and enjoyment of similar services, or engage in surveys, contests, chain letters or post or transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail; and
4. that the PIAA neither endorses the content of any User communications, postings or data, if any, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of this website.
D. System Integrity. User agrees:
1. not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or this website;
2. not to interfere or disrupt networks connected to the PIAA Site;
3. not to use any device, software or routine, or otherwise attempt to interfere with the proper functioning of site or any transactions being offered or conducted at this website;
4. not to take any action that imposes an unreasonable or disproportionately large load on the PIAA’s infrastructure; and
5. not to disclose User's Password to third parties or use User's Password for any unauthorized purpose.
E. Copyright Infringement. In the event that User posts or makes accessible communications or other materials that infringe the copyrights of a third party, the PIAA shall terminate User's access to the PIAA Site in accordance with the PIAA’s copyright infringement policy pursuant to the Digital Millennium Copyright Act. The PIAA maintains a special address for notifications of claimed infringement concerning materials. All correspondence should be addressed to the PIAA's "Designated Agent to Receive Notification of Claimed Infringement" at the PIAA, 2275 Research Blvd., Suite 250, Rockville, MD 20850. Users may contact the PIAA with complaints regarding allegedly infringing posted material and the PIAA will investigate those complaints. If the posted material is believed in good faith by the PIAA to violate any applicable law, the PIAA will remove or disable access to any such material and the PIAA will notify the posting User that the material has been blocked or removed in accordance with its copyright infringement policy.
The PIAA may, at its sole discretion, immediately terminate User's access to the PIAA Site should User's conduct fail to conform with any provision of this Section 10. Some of the foregoing prohibited acts are also punishable by law.
11. DISCLAIMER OF WARRANTIES.
USER EXPRESSLY AGREES THAT USE OF THE PIAA SITE IS AT USER'S SOLE RISK. THE PIAA SITE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. THE PIAA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE PIAA MAKES NO WARRANTY THAT THE PIAA SITE OR ITS PRODUCTS WILL MEET USER'S REQUIREMENTS, OR THAT THE PIAA SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS-FREE; NOR DOES THE PIAA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PIAA SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE PIAA SITE OR THAT DEFECTS IN THE PIAA SERVICE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PIAA SITE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.
12. LIMITATION OF LIABILITY.
As a condition of use of the PIAA Site, and in consideration of the services provided by the PIAA, User agrees that neither the PIAA, nor any officer, affiliate, director, or employee of the PIAA will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with, any of the following:
A. Reliance. The use of the PIAA Site by the User, including but not limited to damages resulting from or arising from User's reliance on the PIAA Site or any Content on the PIAA Site, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions, eavesdropping by third parties, or any failure of performance of the PIAA Site or any Content. Content is for informational purposes only.
B. Termination. The termination of Member's User Name or Password by the PIAA pursuant to these Terms.
C. Infringement, Etc. Any allegation, claim, suit, or other proceeding based upon a contention that the use of the PIAA Site by User or a third party infringes or misappropriates the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.
D. Force Majeure. Any delay or failure of the PIAA to perform due to government restriction, strikes, war, any natural disaster or any other condition beyond the PIAA’s control.
The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of the PIAA and its affiliates, subcontractors, officers, directors, managers, Users, and employees, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE PIAA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, MULTIPLE, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE PIAA SITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE PIAA SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR FAILURE OF THE PIAA SITE TO STORE USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF PIAA 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 USER.
13. NO RESALE OF THE PIAA SITE.
User's right to use the PIAA Site is limited solely to the Individual or the Company. User agrees not to reproduce, duplicate, copy, sell, resell, exploit or make any commercial use of or access to the PIAA Site, without the express consent of the PIAA.
14. DATA STORAGE.
User acknowledges that the PIAA may establish general practices and limits concerning use of the PIAA Site, including without limitation the maximum number of days that e-mail messages, or other uploaded User information will be retained by the PIAA Site, the maximum disk space that will be allotted on the PIAA's servers on User's behalf, and the maximum number of occasions (and the maximum duration for which) User may access the PIAA Site in a given period of time. User agrees that the PIAA has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained by or transmitted through the PIAA Site. User further acknowledges that the PIAA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
15. SOFTWARE QUALITY.
The PIAA does not warrant that any information, software or other material accessible through the PIAA Site is free of viruses, worms, Trojan horses or other harmful components.
16. ACCESS AND INTERFERENCE.
User agrees that User will not use any robot, spider, other automatic device, or manual process to monitor or copy the PIAA Site or the Content contained herein without the PIAA’s prior express written permission. User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the PIAA Site. User agrees not to take any action that imposes an unreasonable or disproportionately large load on the PIAA’s infrastructure. The Content is proprietary or is licensed to the PIAA by its users or third parties. User agrees not to copy, reproduce, alter, modify, create derivative works, or publicly display any Content from this website without the prior express written permission of the PIAA or the appropriate third party.
User agrees to indemnify, defend and hold harmless the PIAA, its directors, officers, and employees, from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of User's use of the PIAA Site, User's violation of the Terms, or the infringement by User, or any other person using User's User Name or Password, of any intellectual property or other legal right of any person or entity.
18. TERMINATION & EFFECT.
The PIAA may terminate Member's access to the PIAA Site with or without cause at any time and effective immediately, with or without notice.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. The PIAA's failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches. These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction by the state and federal courts located in Montgomery County, Maryland. These Terms and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
User acknowledges that (a) User has read and understood the Terms; and (b) that these Terms have the same force and effect as a signed agreement.
2275 Research Blvd., Suite 250
Rockville, MD 20850