Shared-Practice Terms and Conditions

1. ACCEPTANCE OF TERMS


Shared-Practice is an interactive, online resource providing a variety content including various main sections: Calendar, Resources, Members, Forum, Editorialist and News in addition to updates, newsletters, Memberships and ads (all these services are  hereinafter referred to as "the Service") , which are all subject to the following Terms of Use.  By using any of the services provided by Shared-Practice in any way, you are agreeing to comply with these Terms of Use, which may change from time to time.  Please review this agreement on a regular basis to keep yourself apprised of any changes.


Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with Shared-Practice in any way, your only recourse is to immediately discontinue use of Shared-Practice.  You understand that Shared-Practice has the right, but is not obligated, to strictly enforce the Terms of Use through moderation, active investigation, litigation and prosecution. 

2. CONTENT


By participating in Shared-Practice you understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via Shared-Practice. You understand that Shared-Practice attempts to monitor Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.  You also understand that any Content posted by Shared-Practice may, on occasion, be inaccurate.  Double check all information posted on the Service by Shared-Practice.  You agree to release and not hold liable Shared-Practice and its employees for any inaccurate information posted by Shared-Practice.



3. THIRD PARTY CONTENT, SITES, AND SERVICES


The Shared-Practice site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Shared-Practice, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Shared-Practice makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to any other websites is at your own risk


Your interactions with organizations/individuals found on or through the Service are solely between you and such organizations/individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction or before relying on Content posted by third parties, including but not limited to, any recommendations made in the "Resources & Recommendations"  section.  You agree that under no circumstances will Shared-Practice be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.


In the event that you have a dispute with one or more other users, you hereby release Shared-Practice, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.


4.  NOTIFICATION OF CLAIMS OF INFRINGEMENT  


 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Shared-Practice’s agent as soon as possible.   You can contact Felicia Ferrone by e-mailing info@shared-practice.com


Shared-Practice will choose whether to remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).  Please see the DMCA Notification Guidelines for more information.


5. PRIVACY AND INFORMATION DISCLOSURE


Shared-Practice has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: 


Your use of the Shared-Practice website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Shared-Practice may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process or enforce the Terms of Use.  

Privacy Policy 

Shared-Practice has established this privacy policy to explain to you how your information is protected, collected and used, which may be updated by Shared-Practice from time to time. Shared-Practice will provide notice of materially significant changes to this privacy policy by posting notice on the Shared-Practice site.

1. Protecting your privacy

  • We do not share your information with third parties for marketing purposes. 
  • We do not employ tracking devices for marketing purposes ("cookies", "web beacons," single-pixel gifs). 
  • Account information is password-protected. Keep your password safe. 
  • Forums use basic webserver authentication. Close your browser to log out. 
  • Shared-Practice does not knowingly collect any information from persons under the age of 13. If Shared-Practice learns that a posting is by a person under the age of 13, Shared-Practice will remove that post. 
  • Links to third party websites  may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited. 

2. Data we collect

  • We sometimes collect your email address for purposes such as sending self-publishing and confirmation emails, authenticating user accounts, providing subscription email services, registering for forums, etc. 
  • For paid postings, we collect contact information, such as name(s), phone/fax number(s), and address for billing purposes. 
  • We sometimes collect your phone number for account authentication purposes, and may transmit it to a third party service for tele-robotic verification. 
  • Shared-Practice does not store credit card information. Credit card transactions are transmitted to a financial gateway, and we endeavor to protect the security of your payment information during transmission by using Secure Sockets Layer (SSL) technology. 
  • We may collect personal information if you provide it in feedback or comments, post it on our interactive forums, or if you contact us directly. Please do not post any personal information on Shared-Practice’s forums that you expect to keep private. 
  • Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, to administer the Shared-Practice site, and to otherwise provide our service to you. 

3. Data we store

  • All postings are stored in our database, even after "deletion," and may be archived elsewhere. 
  • Our web logs and other records are stored indefinitely. 
  • Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security. 

4. International Users

By visiting our web site and providing us with data, you acknowledge and agree that due to the international dimension of Shared-Practice, we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such data may be stored on servers located in the United States. By providing us with your data, you consent to the transfer of such data.

6. CONDUCT

You agree not to post, email, or otherwise make available Content:


a) that is unlawful, harmful, violent, threatening, abusive, harassing, defamatory, malicious, libelous, invasive of another's privacy or harmful to minors in any way;


b) that contains or depicts pornography, nudity, child pornography, rape, extreme violence, murder, bestiality, incest, or other similar content or is adult in nature. 


c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation,  race, ethnicity, age, or disability;


d) that impersonates any person or entity, including, but not limited to, a  Shared-Practice employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;


e) that includes personal or identifying information about another person without that person's explicit consent;/


f) that is false, fraudulent, deceptive, misleading or otherwise illegal or promotes fraudulent, misleading or illegal activities;


g) that infringes or violates any patent, trademark, trade secret, copyright or other  proprietary, contract or fiduciary rights of any party;

h) that engages in spamming, "chain letters," "pyramid schemes," advertisement of illegal or  controlled products or services, or other advertising or marketing activities that violate any applicable laws, regulations, generally-accepted advertising industry guidelines or these Terms of Use; 


i) that constitutes or contains any form of advertising or solicitation posted in areas of the Shared-Practice site that are not designated for such  purposes unless Shared-Practice users consent in writing that contact about such advertisements or solicitations is approved;


j) that includes links to commercial services or web sites, except as allowed  in the "Services";


k) 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; 


l) that disrupts the normal flow of dialogue with an excessive amount of  Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or


m) that employs misleading email addresses or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service or to users.


Additionally, you agree not to:


n) "stalk" or otherwise harass anyone;


o) engage in phishing, or otherwise collect personal data about other users for commercial or unlawful purposes;


p) use any manual or automated means, including posting agents, spiders, robots, scripts, crawlers, data mining  tools, or the like to post data on this Service or download data from the Service, including to access or manage any user's account or to monitor or copy this Service or the content contained therein;


q) post non-local or otherwise irrelevant Content, repeatedly post the  same or similar Content or otherwise impose an unreasonable or  disproportionately large load on the Service infrastructure;

 

  r) attempt to gain unauthorized access to Shared-Practice’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of this Service;  


s) use any form of automated device or computer program that enables the submission of postings on Shared-Practice without each posting being manually entered by the author thereof (an "automated posting device"), including, without limitation, the use of any such automated posting device to submit postings in bulk or for automatic submission of postings at regular intervals.

  

t) use this Service as a generic file hosting service;

u) take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Service or for using it for purposes unrelated to this Service); and

You agree not to authorize or encourage any third party to use this Network to facilitate any of the aforementioned prohibited conduct.


7. PAID POSTINGS


We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the Terms of Use. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms of Use.


8. LIMITATIONS ON SERVICE


You acknowledge that Shared-Practice may establish limits concerning use of the  Service, including the maximum number of days that Content will be retained  by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Shared-Practice has no responsibility or liability for the deletion or failure to store any  Content maintained or transmitted by the Service. You acknowledge that Shared-Practice reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Shared-Practice shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


9. ACCESS TO THE SERVICE


Shared-Practice grants you a limited, revocable, nonexclusive license to access the Service for your own personal use.   Shared-Practice permits you to display on your website, or create a hyperlink  on your website to, individual postings on the Service so long as such use  is appropriate content as related to Services (e.g., for use in  personal web blogs or personal online media).  If the total number of such  postings displayed or linked to on your website exceeds five (5)  postings, your use will be presumed to be in violation of the Terms of Use,  absent express permission granted by Shared-Practice to do so.  You may also create a hyperlink to the home page of Shared-Practice sites so long as the  link does not portray Shared-Practice, its employees, or its affiliates in a  false, misleading, derogatory, or otherwise offensive matter.


Use of the Service beyond the scope of the Terms of Use immediately terminates said permission or license.  In order to  collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other  purposes (including commercial purposes) not stated herein, you must first obtain a license from Shared-Practice.


10. TERMINATION OF SERVICE


You agree that Shared-Practice, in its sole discretion, has the right, but not the obligation, to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any  Content within the Service, for any reason, including, without limitation, if Shared-Practice believes that you have acted inconsistently with the letter or spirit of the Terms of Use . Further, you agree that Shared-Practice shall not be liable to you or any third-party for any termination of your access to the Service.  Further, you agree not to attempt to use the Service after said termination.  


11. PROPRIETARY RIGHTS


The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Shared-Practice. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Shared-Practice is a registered mark in the U.S. Patent and Trademark Office.


Although Shared-Practice does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Shared-Practice an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Shared-Practice all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.


12. DISCLAIMER OF WARRANTIES


YOU AGREE THAT USE OF THE Shared-Practice SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Shared-Practice SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  


13. LIMITATIONS OF LIABILITY


UNDER NO CIRCUMSTANCES SHALL Shared-Practice BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Shared-Practice HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF the Shared-Practice site OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Shared-Practice SITE OR THE SERVICE, FROM INABILITY TO USE THE Shared-Practice SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Shared-Practice SITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Shared-Practice SITE OR THE SERVICE OR ANY LINKS ON THE Shared-Practice SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Shared-Practice SITE OR THE SERVICE OR ANY LINKS ON THE Shared-Practice SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. 


14. INDEMNITY


You agree to indemnify and hold Shared-Practice, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.


15. GENERAL INFORMATION


The Terms of Use constitute the entire agreement between you and Shared-Practice and govern your use of the Service. The Terms of Use and the relationship between you and Shared-Practice shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Shared-Practice agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Chicago, Illinois. If any provision of the Terms of Use 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 Of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms Of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.




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