Last Updated: 6/25/13

Welcome to www.PhysiciansRoundTable.Com (the “Website”). This Website is owned and operated by Oceanside Ten Management (“Company”), LLC, 1675 Larimer Street, Suite 640, Denver, CO, 80202. The website and materials are designed to comply with U.S. laws and regulations.

1. REPRESENTATION

By accessing or using this Website, you represent and warrant that you are a qualified, licensed physician practicing in a field related to the content and information you are providing. You are liable for the accuracy of the information that you provide to Company, including, but not limited to, your personal and professional representation.

2. Updates

Company reserves the right, at its sole discretion, to update and/or modify these Terms of Use at any time, without advance notice. Modifications will be posted in these Terms of Use. To help you stay current of any changes, we may: (1) note the date the Terms of Use was last updated below and/or (2) post conspicuous announcements of such changes on the homepage of the Website. Your use of the Website after any changes have been posted and your continued use of the Website thereafter constitutes your agreement to the modified Terms of Use.. You agree to review these Terms of Use frequently to ensure that you are familiar with the most recent version. If you disagree with the provisions of the Terms of Use at any time, your sole remedy is to terminate your use of the Website.

3. Use of the Website; Participation in Services

The purpose of the Website is to connect licensed physicians with third party companies that have a need to collect opinions, reviews, and experiences regarding their products or products of their clients (the “Companies”). Upon providing your input, these third party companies may compensate you for your participation (the “Rewards”). You understand that by using the Website, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in 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 transmitted via any of the Companies. By using the Website, you expressly acknowledge that Company acts solely as a neutral interactive service provider, offering a website where you can participate in certain opportunities provided by third parties. As such, you expressly acknowledge and agree that we are not responsible, nor shall we be liable, for any interaction you may have with such third party Companies and you hereby waive any claim you may have against us as a result of such interaction and shall look only to the applicable Company for satisfaction of any such claim.

4. Ownership of Content

Unless otherwise noted, we own and/or have the rights to use under license all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”). All Content is protected under copyright, trademark and other intellectual property and proprietary rights laws. The use or misuse of any Content, except as provided in the Terms of Use or in the Content, is strictly prohibited. We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: (a) you shall not, without our express written consent, distribute text or graphics to others, (b) you shall not, without our express written consent, copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Content on any other server, or modify or re-use all or part of the Content on this system or any other system, (c) you shall not use any of our trade names, trademarks, or brand names, or those of any Company with whom you do business via this Website, in metatags, keywords and/or hidden text, (d) you shall not, without our express written consent, copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof, (e) you shall not create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, (f) you shall not use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution, or statement to us, and (g) you shall use the Content, and/or any services and products on the Website or accessible via the Website for lawful purposes only. We reserve all other rights. You do not acquire ownership rights to any Content viewed or accessed, and our posting of the Content on the Website does not constitute a waiver of any right in such Content. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends, or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any other license, whether by estoppel, implication, or otherwise. Notwithstanding anything herein to the contrary, we may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

5. Access to the Website

You are responsible for obtaining access to the Website and understand that access may involve third party fees (such as Internet services provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Website. In order to access and use certain features of the Website, you are required to create an account (“Member Account”) and select a password and username (“Username”). Only one account per person may be created. Upon registering, you agree to receive emails from Company. You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Username a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than a person with appropriate authorization or (iii) misrepresent your licenses or qualifications. Company reserves the right to refuse registration of, or cancel a Username in its discretion. You shall be responsible for maintaining the confidentiality of your password. You shall be solely responsible for all information and instructions transmitted through the Websites or the use of any Services using your password and Username. All information and instructions communicated through these means will be considered to have been sent and authorized by you.

6. Privacy

Your personal information is subject to our Privacy Statement, which you should read in its entirety. The most current version of the Privacy Policy is posted on the Website.

7. METHODS OF PAYMENT AND TAXES

In the event any payment due under this Agreement is subject to or becomes subject to any tax or other deduction payable by you, such tax or deduction shall be paid by you, so that the payments by Company shall be in full and free of all liability for such tax or other deductions. You agree to pay and bear the expense of local, state and/or federal government licenses, sales and use, foreign withholding tax, property and ad valorem taxes, which may be imposed or assessed with respect to payments made by Company to you under this Agreement. In the case where you have or will have been paid more than $600 in a single fiscal year, Company reserves the right to request and receive a Tax ID No. and/or other information from you prior to making any subsequent payments. Company shall make all payments due under provisions of this Agreement in United States dollars (US$).

8. MODIFICATION TO PAYMENT OR TERMS

Company reserves the right, at any time, to change its payment and other terms provided by this site, effective immediately upon posting on the site or by e-mail delivery to you.

9. PATIENT DATA AND LEGAL COMPLIANCE

The Website is not intended for the transmission, storing, review or receipt of confidential patient information (“Patient Information”). However, if you upload such Patient Information to the Site, the following terms apply. State and Federal laws, as well as ethical and licensure requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain Materials or to transmit certain information to third parties. You represent and warrant that you will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information you transmit, store, or receive in connection with the Site, the Materials and any third party site. You agree that Company, Company’s licensors and licensees, and all other persons or entities involved in the operation of the Materials and functionalities provided through the Website, have the right to monitor, retrieve, store, review and use Patient Information, if applicable, in connection with the operation or use such Materials, and are acting on your behalf in transmitting Patient Information.
WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE OR THE MATERIALS. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO WEBSITE) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.

10. COOPERATION WITH GOVERNMENT AUTHORITIES

If necessary and in accordance with applicable law, Company will comply with local, state, federal, international and/or worldwide laws, rules, regulations, law enforcement, government officials, legal authorities or the like.

11. ENTIRE AGREEMENT

This Agreement, including the Privacy Policy, and any other Company policy which is incorporated herein by this reference, constitutes the entire agreement between you and Company relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by you relating to the subject matter hereof, or (2) statements of any of Company’s employees.

12. HEADINGS

The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

13. INVALIDITY

If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.

14. LINKS TO THIRD-PARTY SITES

The Services may contain links to other third party web sites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible or liable for the communications or materials of any Linked Sites. Company is providing these links to you as a convenience and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators. You are responsible for adhering to the applicable terms of service for any other web site. You are strongly encouraged to evaluate any third-party sites, as you are solely responsible and liable for any interactions you may have with such sites, their sponsors and other third parties.