Terms & Conditions
Last Updated: April 19, 2018
ProSARIS encourages Students, Clinicians, Healthcare Providers and Healthcare Organizations (collectively “Users” or “licensors” to use the Services responsibly, but we have no control over, and cannot guarantee information provided by Users including the availability of a User at any particular time. WE WILL NOT BE LIABLE FOR CANCELLED OR OTHERWISE UNFULFILLED MATCHING, LOGISTICS, ASSIGNMENTS, APPOINTMNETS OR OTHER COMMITMENTS MADE BY ANY USER, OR ANY INJURY RESULTING THEREFROM, IR FOR ANY OTHER INJURY RESULTING OR ARISING FROM, IR RELATED TO, THE USE OF THE SITE OR SERVICES WHATSOEVER.
The information and materials presented on or through the Site are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you or any other User or visitor to the Site, or by anyone who may be informed of any of its contents.
We do not recommend or endorse any Healthcare Providers (Clinicians), opinions, references or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Healthcare Provider, practice office or location, medical associations relevant to the applicable profession and/or specialty, professional or state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY MENTIONED, LISTED, REGISTERED WITH US OR ACCESSIBLE THROUGH THE SERVICES.
2. IMPORTANT INFORMATION ABOUT REGISTERED USERS
ProSARIS (a) does not recommend or endorse any Student, Clinician, Healthcare Provider or Healthcare Organization (Users) who have registered or otherwise created ProSARIS account , (b) does not make any representations or warranties with respect to these Users or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Users for featuring them (i.e., higher or better placement on lists) through the Services (subject to ProSARIS Score™ peer ranking). Note, however, to the extent that you use the Services, ProSARIS may provide lists and/or User profiles based also on criteria determined by you.
User’s ProSARIS Score™, if shown through the Services, is not, and should not be considered an endorsement or recommendation by ProSARIS of the User’s qualifications.
3. REGISTERED USER RESPONSIBILITIES
3.1 User Account Credentials
When you create or register for ProSARIS account, you will provide an email address and create a password (collectively, “Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to email@example.com
3.2 User Responsibilities Generally
You are responsible for ensuring that all information that you provide, enter, upload or otherwise record in your registered ProSARIS account is accurate, true and up-to-date.
You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Site and the Services for lawful purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means.
You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
4. CHANGES TO THE SERVICES; NEW SERVICES; ADDITIONAL TERMS
4.1 Changes to the Services; New Services
We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Under no circumstances will ProSARIS be liable for any suspension or discontinuation of any of the Services or portion thereof, and the use of new services will be governed by this Agreement.
4.2 Additional Terms
Some Services or functionality may have additional terms (including, without limitation, policies, guidelines, and rules) that will further govern your use of that particular Service, and supplement this Agreement. If you choose to register for, access or use any such Services, you may be presented with such additional terms by e-mail. By using those Services, you agree to comply with any such additional terms, which are incorporated by reference into this Agreement.
5. LINKS TO OTHER WEBSITES
While using the Services, you may encounter links to other websites including our vetted Channel Partners. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link only to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.
6. CONTENT YOU SUBMIT AND RECEIVE
As registered User, you have the opportunity to submit relevant documents including credentials, clinical experience, receive feedback or reference from others regarding your clinical and non-clinical performance. It is important that you act responsibly when providing or sharing your Posted Information.
By posting Posted Information through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to ProSARIS an irrevocable, perpetual, royalty-free, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that ProSARIS shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other ProSARIS Users for purposes of constructing or populating a searchable information database related to the healthcare industry.
7. USE OF CONTENT; RIGHTS AND OWNERSHIP
All of the Content is owned by us and is protected by copyright, trademark, patent, and/or trade secret laws and other proprietary rights. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain ProSARIS’s proprietary information. We give you permission to use the Content for professional purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish, sell, or exploit any of the Content, or exploit the Site or Services in whole or in part, for any unlawful gain or purpose whatsoever. Except as expressly provided herein, neither ProSARIS nor its affiliates grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by ProSARIS to you are retained by ProSARIS.
8. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that information or Content available from the internet or the Site will be accurate and any downloads are free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ALL SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PROSARIS NOR ANY PERSON ASSOCIATED WITH PROSARIS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER PROSARIS NOR ANYONE ASSOCIATED WITH PROSARIS REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
PROSARIS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. LIMITATION ON LIABILITY
IN NO EVENT WILL PROSARIS, ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. GOVERNING LAW AND JURISDICTION
13. ELIGIBILITY OF USER
14.1 Limitation of Claims
No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
14.4 Entire Agreement
Your Comments and Concerns
The Site is owned and operated by ProSARIS, Inc.
Thank you for visiting the Site.
ProSARIS, Inc. Privacy Statement
Last Updated: April 19, 2018
On the Site you can do many things which may involve your Personal or Business Information in some form. For example, depending on your visitor status or User License, some activities may include such things as request of information, schedule activity, get access to available income opportunities, download information on the Service, marketing or support materials, order, request or participate in certain services and activities, participate in a survey, collect or provide reference, or register to become a channel partner. ProSARIS will collect and use Personal Information from you to provide, personalize, improve and continue to operate ProSARIS Service as well as for these purposes.
Some of your activity on and through the Service is public by default. This may include, but is not limited to, content you have posted publicly on the Site or otherwise through the Service.
Please also remember that if you choose to provide Personal Information using certain public features of the Service, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Service.
When you create an Account and/or enter service task or scheduled information through the Service, you will provide information that could be Personal Information, such as your name, company name, mailing address, phone number, and e-mail address, and, if applicable, financial information and billing information. You acknowledge that this information may be personal to you, and by creating an Account on the Service and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. You can update Personal Information at any time by contacting firstname.lastname@example.org or through your Account if you have one.
ProSARIS uses Personal Information that we collect from you to set up and provide Service for you and your practice or organization. We may also use the information you provide to contact you to further discuss your interest in ProSARIS, the Service that we provide, and to send information regarding our channel partners, promotions and events. Your email address and any Personal Information may be shared with our partners involved in providing the Service, as well as in connection with providing value-added services and marketing and promotional opportunities, but will not be distributed or shared with unauthorized or unaffiliated third parties. You can opt out of being contacted by us, or receiving such information from us, at any time by sending an email to email@example.com. Separately, you will also be asked to provide an email address when registering an Account for the Service, in order to receive a username and password. We may also email information regarding updates to the Service or ProSARIS. You can opt out of receiving any communication from us by sending an email request to ProSARIS at firstname.lastname@example.org at the time it is distributed, or at the time you register for the Service, although we, regardless, reserve the right to contact you when we believe it is necessary, such as for account recovery purposes.
We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our authorized Agents.
The financial and billing information that we collect through the Site is used solely to check the qualifications of prospective customers and to bill for the Service. This billing information is not used by ProSARIS for marketing or promotional purposes. ProSARIS uses third-party intermediaries (“Payment Processors”) to manage billing and credit card processing related to invoices paid by credit card. The Payment Processors may be permitted to store, retain, or use the financial information provided, for the
Some users may access the Site using their credentials from third party services via single signon. If you choose to log in to the Service using a third party single sign on provider, such third party will authenticate your identity and may share with us certain information associated with your profile on such third party’s account, some of which may include your Personal Information. As with all Third Party Services, your use of a single sign on provider shall be governed by the terms of service and privacy statement of such provider.
ProSARIS Services are not intended for individuals under the age of 18. Accordingly, ProSARIS does not knowingly collect, either online or offline, personal information from individuals under the age of 18 and if we learn that we have collected personal information on a minor under the age of 18, we will delete that data from our systems.Legal Process; Investigations.
When you interact with the Site we strive to make that experience easy and meaningful. When you come to the Site, our web server may send a cookie to your computer through your web browser. Cookies are files that web browsers place on a computer’s hard drive and are used to enable our services to recognize your web browser and tell us how often and when you have visited the Site previously and otherwise use the Service throughout the Internet.
Standing alone, cookies do not identify you personally and we do not combine the general information collected through cookies with other Personal Information to tell us who you are. They merely recognize your browser. Unless you choose to identify yourself to ProSARIS, for example by responding to a promotional offer, or registering an Account, you remain anonymous to ProSARIS. Cookies come in two flavors: session and persistent-based. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. They include such information as a unique identifier for your browser.
ProSARIS uses session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in to the Site to use the Service. This information allows ProSARIS to process your online transactions and requests. Session cookies help us make sure you are who you say you are after you’ve logged in to your Account, and are required in order to use the Service. ProSARIS takes precautions in its use of persistent cookies. For example, we do not store account numbers or passwords in persistent cookies.Third Party Cookies.
ProSARIS offers you a means to choose how ProSARIS may use information provided by you. If, at any time after registering an Account with ProSARIS to receive information or ordering the Service, or otherwise providing Personal Information to ProSARIS, you change your mind about receiving information from us or about sharing your information with third parties, you can update your Account yourself or you can send us a request specifying your new choice by emailing email@example.com. Please note that if you are a registered user with an Account, ProSARIS must retain certain basic information about you in order to continue to provide the Service. Please also note that, if you choose to deactivate your Account, we reserve the right to retain a history of activity associated with your Account prior to deactivation, including your tasks, schedule and clinical support documents history.Correcting & Updating Your Information.
If you need to update or change Account registration information you may do so by logging in to your Account and making the necessary changes yourself or by requesting ProSARIS to edit the user or organization record. To update information, if you have an active Account with ProSARIS, you can update information yourself through logging in to your Account. To discontinue the Service, email firstname.lastname@example.org. ProSARIS will respond to your update request within 30 days from the date of your request.Business Changes.
If you have an Account, your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account. We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information.
We otherwise store all of your information, including your IP address information, using industrystandard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, personal information or otherwise.Access to Information.
If you are a registered user, you can access information associated with your Account by logging into the Service. Registered and unregistered users can access and delete cookies through their web browser settings.Account Deactivation.
Should you ever decide to deactivate your Account, you may do so by emailing email@example.com. If you deactivate your Account, any association between your Account and information we store will no longer be accessible to you through your Account. While your status will be deactivated, any information you provided through your Account or otherwise to us through the Services may be retained by us indefinitely. However, any public activity on your Account prior to deactivation will remain stored on our servers and will remain accessible to the public.Additional Information; How to Contact ProSARIS.