Terms of Condition and Use

Welcome to our website. These Terms of Use were last revised on January 1, 2009.

These Terms of Use (“Terms”) are a legal agreement between you and the National Association of Managed Care Professionals (“NAMCP”) and govern your use of the NAMCP Website (the “Website”). Use of and access to our Website is subject to your compliance with these Terms, so please read them carefully before using our Website. NAMCP reserves the right to limit or terminate your access to the Website for failure to comply with the terms and policies posted on our Website, or for any reason at any time.

BY ACCESSING AND USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE IN ANY MANNER.

MODIFICATIONS TO THE TERMS OF USE

NAMCP may change, modify, update, add, or remove portions of these Terms at any time. We will notify you of any material changes to these terms and conditions by posting a notice on the Website; however, you should check these Terms periodically for changes. Your continued use of our Website following the posting of any changes will signify your acceptance of those changes.

REGISTRATION

To use certain parts of the Website, you will be asked to provide certain information about yourself, including your first name, e-mail address, and whether you are a medical director, a health care professional or a patient. In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you that is requested by the registration forms (“Registration Data”); and (b) maintain and update the Registration Data to keep it accurate and complete. We will use this Registration Data in accordance with the Website privacy policy.

PRIVACY POLICY

NAMCP respects your desire for privacy and takes care to protect personal information that you provide to us. The NAMCP privacy policy governs NAMCP’s collection, use, disclosure and storage visitor’s information can be found via the link entitled “privacy policy” at the bottom of each page of the Website..

SECURITY POLICY

NAMCP has implemented security measures to protect against the loss, misuse, and alteration of the information under NAMCP’s control. These security measures are described in our privacy policy. Although NAMCP has taken the steps described in our privacy policy to ensure that your personal information is delivered and disclosed only in accordance with our privacy policy, NAMCP cannot and does not guarantee that any personal information you provide will not be intercepted by others and decrypted.

USE OF THE WEBSITE

NAMCP provides you with access to a variety of resources. The materials provided on our Website, may include, without limitation, information, documents, images, articles, advice, time-saving tips and checklists, (“Materials”), and are provided either by NAMCP or by others and may be copyrighted. Further, the compilation of all Materials and other content on the Website is the exclusive property of NAMCP and is protected by U.S. and international copyright laws. NAMCP hereby grants you a limited license to use the Materials provided by NAMCP subject to these Terms, as long as the use of such Materials is solely for your own personal and informational use. Unless stated within the Materials, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of NAMCP and/or the appropriate owner. Also, you may not “mirror” any Materials or content contained on our Website on any other server or “frame” any Materials or content on our Website without prior written consent by NAMCP.

NO UNLAWFUL OR PROHIBITED USE

While using the Website, you may not:

  • • restrict or inhibit any other user from using or viewing the Website;
  • • post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, constitute unauthorized practice of a professional service, or otherwise violate any local, state, national, or foreign law, including without limitation U.S. export control laws and regulations;
  • • post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by NAMCP), or engage in spamming, phishing, or flooding;
  • • use any robot, spider, scraper, or other automated means to access our Website or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines; post or transmit any information or software that contains a virus, Trojan horse, worm, or other harmful component; post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through our Website for commercial purposes; upload, post, publish, transmit, reproduce, or distribute in any way information, software, or other material obtained through our Website which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;
  • • upload, post, publish, reproduce, transmit, or distribute in any way any component of our Website itself or derivative works with respect thereto, as our Website is protected as a collective work under U.S. copyright laws; or
  • • use any “nametags” or any other “hidden text” utilizing NAMCP’s name or trademarks.

LINKS TO THIRD PARTY WEBSITES; THIRD PARTY SERVICES, ADVERTISERS

In an effort to provide you with comprehensive resources and information, our Website may contain links to third-party websites which are not under the control of NAMCP. NAMCP is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. NAMCP is providing these links to you only as a convenience, and the inclusion of any link does not imply that NAMCP endorses, guarantees, or accepts any responsibility for the content on such a third-party site. If you link to a third-party website, you will be subject to such website’s legal terms and policies including, without limitation, such website’s terms of use and privacy policy. In addition, NAMCP may accept advertising on our Website. Any dealings that you have with advertisers found on NAMCP are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser whether arising out of such advertiser’s content, services or products. In connection with your use of our Website, you may be made aware of services, products, offers, and promotions provided by third parties, and not by NAMCP. If you decide to use third-party services, you are responsible for reviewing and understanding the terms and conditions governing any third-party services. You agree that the third party, and not NAMCP, is ultimately responsible for the performance of the third-party services and/or the provision of the third-party products.

CHANGES TO THE WEBSITE

In an effort to continually improve the Website and its usefulness to you, we may add additional services or make changes to existing services. In the event that NAMCP makes such changes, these Terms shall apply to the new services and to any changes to existing services.

POSTING OF CONTENT

Certain areas of the Website may allow you to post content including your experiences, information, messages, or other material (“Your Content”). Please be aware that these areas are public and not confidential. You may only post Your Content to public areas of the Website and areas where you have permission to post. You may not post any content that violates these Terms of Use. By posting Your Content to public areas on NAMCP, you grant NAMCP, its affiliates, partners, and distributors an irrevocable, perpetual, non-exclusive, transferable, fully paid up, worldwide license (with the right to sublicense) to use, copy, display, perform, distribute, adapt, create derivative works, and promote Your Content in any medium and any manner whatsoever, and to use your display name to attribute your postings to you. You are solely responsible for backing up or creating copies of any content you post. In addition to Your Content, you may submit feedback to us. We encourage you to provide us feedback. You agree that we may use in any manner and without limitation all comments, suggestions, complaints, and other feedback you provide relating to Our Website, and that NAMCP will own all intellectual property that we create based upon or incorporating your feedback. NAMCP will determine in its sole discretion, whether and how to respond to any complaints or other feedback.

NO DUTY TO MONITOR

You agree that NAMCP is not liable for content that is provided by third parties. However, NAMCP has the right to refuse to post or to edit submitted content. NAMCP reserves the right to remove content for any reason without notice and in its sole discretion, but NAMCP is not responsible for any failure or delay in removing such material.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your copyrighted work has been copied and is accessible on NAMCP in a way that constitutes copyright infringement, please contact us at the e-mail and/or postal addresses below to report possible copyright infringement. When contacting us, please provide NAMCP copyright agent the following information, which is mandated by the Digital Millennium Copyright Act (“DMCA). Please note that the statements and information listed below must be provided under oath and that any false statements or material misrepresentations may subject the party making such statements to liability, including prosecution for perjury.

A. Notice and Take-down Request. If you are a copyright owner and believe that any content on NAMCP infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further detail):

  • • A physical or electronic signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
  • • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on NAMCP are covered by a single notification, a representative list of such works;
  • • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit NAMCP to locate the material (for instance, by supplying the URL of the page within NAMCP where the material that is the subject of the notice is located);
  • • Information sufficient to permit NAMCP to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
  • • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner whose work or works are being infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section A, your DMCA notice may not be valid. Please note that if you submit a false claim or materially misrepresent that content on NAMCP is infringing, you may be liable for damages, including court costs and attorneys fees.

Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

B. Counter-Notice. If you have posted or otherwise provided content to the Website that was removed subject to the process described above and you believe that content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content at issue, you may send a counter-notice containing the following information to NAMCP’s Copyright Agent at the physical and/or e-mail address set forth in Section A above:

  • • Your physical or electronic signature;
  • • Identification of the content that has been removed or to which access has been disabled and the location within NAMCP at which the content appeared before it was removed or disabled;
  • • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, NAMCP may send a copy of the counter-notice to the original complaining party informing that person that NAMCP may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at NAMCP’s sole discretion.

NAMCP’s agent can be reached as follows:

By Mail:
c/o NAMCP Copyright Agent
4435 Waterfront Drive, Suite 101
Glen Allen, VA, 23060

By e-mail:
copyrightagent@NAMCP.org

WARRANTY DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND NAMCP HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. NAMCP MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT RESULTS FROM THE USE OF OUR WEBSITE WILL BE ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY NAMCP, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NAMCP SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF NAMCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, REMOVAL OR TERMINATION OF THE WEBSITE, OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THE WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL NAMCP’S CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEBSITE EXCEED $1,000. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.

NO PROFESSIONAL ADVICE

NAMCP OFFERS INFORMATION RELATED TO, AMONG OTHER AREAS, PROVIDERS OF PROFESSIONAL SERVICES AND INFORMATION ABOUT CERTAIN MEDICAL OR HEALTH CONDITIONS. THIS INFORMATION IS PROVIDED TO YOU FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. ANY INFORMATION FOUND ON THE WEBSITE IS NOT A SUBSTITUTE FOR OBTAINING SPECIFIC MEDICAL, LEGAL, OR OTHER PROFESSIONAL OR LICENSED SERVICES ADVICE DIRECTLY APPLICABLE TO YOUR SITUATION. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE WEBSITE AS A SUBSTITUTE FOR SUCH SERVICES OR ADVICE.

THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL. NEVER DISREGARD MEDICAL OR OTHER PROFESSIONAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE.

NOTHING STATED OR POSTED ON THIS WEBSITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE. NAMCP PROVIDES NO ASSURANCES THAT THE INFORMATION CONTAINED IN THIS WEBSITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

INDEMNIFICATION

You shall indemnify, defend, and hold harmless NAMCP, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts or omissions arising out of your use of NAMCP, any violation of this Agreement of or any law or the rights of any third party.

GOVERNING LAW

You and NAMCP agree that any claim or controversy at law or equity that arises out of these Terms or your use of our Website shall be governed by the law of the Commonwealth of Virginia (without regard to conflict of law provisions) and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You and NAMCP agree that all claims and actions related hereto shall be brought in the appropriate state or federal court located in Richmond, Virginia, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

DISPUTES

YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND/OR THE WEBSITE (INCLUDING YOUR VISIT TO OR USE OF NAMCP) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent you have in any manner infringed upon or violated or threatened to infringe upon or violate NAMCP’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be Richmond, Virginia (unless otherwise provided by the AAA Consumer Rules) and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, NAMCP will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER MEMBER OF OR VISITOR TO TSR, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

ASSIGNMENT

NAMCP may assign these Terms of Use at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of NAMCP to another entity. You may not assign this agreement.

INTERNATIONAL USE

NAMCP is designed for users residing in the United States. We make no representation that content on the Website is appropriate or available for use in locations outside the United States. If you choose to access NAMCP from a location outside the United States, you do so of your own initiative and you are responsible for compliance with local laws.

MISCELLANEOUS

These Terms constitute the entire agreement between you and NAMCP regarding this subject matter, and they govern your use of the Website. The failure of NAMCP to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms 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 these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of NAMCP or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.