Security. Poll Central has implemented technical and administrative security features to prevent the unauthorized release of or access to personal information. Your use of certain portions of this Service requires that You register with a valid, working e-mail address. You are liable for the accuracy of the information that You supply to Poll Central during the registration process, including, but not limited to, your identity and credentials as a medical doctor. You agree to be solely responsible for the confidentiality and use of your user information, as well as for any activities or communications entered through this Service using your user name and password. You agree to immediately notify Poll Central of any unauthorized use of your user name and password or any other breach of security. Poll Central cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
Links to Other Sites and Third Party Content. Poll Central is an informational service that provides You with access to materials and information that reside on sites not owned or controlled by Poll Central. Certain content on this Service, when viewed by You, may link You to sites and resources not owned or controlled by Poll Central. Poll Central has no control over such third party sites and resources. You acknowledge and agree that Poll Central is not responsible for the availability of such sites or resources, and does not endorse and or review any content, advertising, products, services or other materials on or available from such sites or resources. Accordingly, Poll Central expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on such sites or resources. You agree that Poll Central shall not be responsible or liable for any loss or damage incurred by You as the result of any business dealings that You may have with any third party advertisers or websites.
Links to Poll Central. You may include a link from your website, forum, newsgroup, list serve, mailing list, electronic bulletin board, blog or wiki to this Service provided that your website does not contain illegal, obscene or offensive content. Notwithstanding the foregoing, Poll Central reserves the right to demand that You remove any link on your website that, in Poll Central's sole view, would negatively impact on the reputation of Poll Central.
Code of Conduct. You agree not to do any of the following:
- Restrict or inhibit any other authorized user from using and enjoying the Service. This includes, without limitation, obtaining or soliciting another person's user name and/or password or other personal information under false pretenses and using, or attempting to use, such user name and/or password without the owner's permission.
- Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- Send any unsolicited commercial emails or other unsolicited commercial communications through the Service.
- Use the Service to advertise one's goods or services or the goods or services of a third party without the prior permission of Poll Central.
- Interfere (or attempt to interfere) with the operation of the Service. This includes, without limitation, interfering with, defeating, or circumventing any security function of the Service, or attempting to do so.
- Post, store, or transmit any knowingly inaccurate or misleading personal or professional information.
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity.
- Post, store, or transmit any unlawful, threatening, intimidating, harassing, defamatory, invasive of privacy or publicity rights, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by Poll Central) information or material.
- Post, store, or transmit any information or content that could be construed to be medical advice and/or constitute a breach of doctor-patient confidentiality.
- Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Use the Service to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
- Use any robot, spider or other automated device to access the Service, or any portion thereof.
- Use the Service to post, store, or transmit materials in violation of another party's copyright or other intellectual property rights. You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party's rights.
- Use the Service for any unlawful purpose or in any other manner that could damage, disable, overburden or impair the Service.
- Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Service.
Intellectual Property Rights. Certain content on this Service, when viewed by You, may link You to a third party website. Poll Central claims no proprietary rights to such content or third-party websites.
Copyright and Intellectual Property Agent for Notice. Poll Central provides access to materials owned by third parties. If You believe that any materials available through this Service infringe any copyright or other intellectual property interest, or otherwise should not be accessible through this Service, please provide to Poll Central's Copyright and Intellectual Property Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- A description of the copyrighted work or other intellectual property interest that is the subject of your claim;
- A description of where the material is located on this Service;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good faith belief that access to the relevant material through this Service is inappropriate;
- A statement by You, made under penalty of perjury, that the above information in your Notice is accurate and that You are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner's behalf.
- Notices and claims of copyright or other intellectual property infringement on this Service may be submitted to Poll Central HERE: http://pollcentral.com/feedback.
Notices, Communications, and Electronic Signatures. When You access the Service or send e-mails to Poll Central, You are communicating with electronically. You consent to receive communications from Poll Central electronically and we will communicate with You by e-mail or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that Poll Central provides to You electronically satisfy any legal requirement that such communications be in writing. To utilize some features of this Service, you must affirmatively agree to these Terms and Conditions.
User Submissions. Poll Central welcomes your feedback and suggestions about how to improve our products and Services. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "content") posted on or received through this Service, however, will be deemed to include a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license for Poll Central to, in whole or in part, adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and User hereby waives any claim to the contrary. Further, Poll Central is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications You may post on or send to this Service for any purpose whatsoever including, but not limited to, creating and marketing products and/or services using such information.
Events Beyond Poll Central's Control. Users expressly absolve and release Poll Central from any claim of harm resulting from a cause beyond Poll Central's control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist acts, or governmental restrictions.
DISCLAIMERS. WHILE Poll Central ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THIS APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, Poll Central MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS APPLICATION OR IN THE INFORMATION AVAILABLE ON THIS APPLICATION AT ANY TIME, FOR ANY REASON. YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE WITHIN THIS APPLICATION. Poll Central MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE ON THIS APPLICATION FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, AND FUNCTIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL Poll Central BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APPLICATION OR WITH THE DELAY OR INABILITY TO USE THIS APPLICATION, OR FOR ANY INFORMATION, MATERIALS, AND FUNCTIONS AVAILABLE ON THIS APPLICATION, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS APPLICATION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Poll Central HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF Poll Central FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS APPLICATION SHALL NOT EXCEED $50.
Indemnity. You agree to defend, indemnify, and hold harmless Poll Central and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of this Service or any breach by You of this Agreement. Poll Central reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of Poll Central. You agree to cooperate as fully as reasonably required in Poll Central's defense of any claim.
Termination. Poll Central reserves the right at any time and for any reason to deny You access to this Service or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
Governing Law. This Service is controlled by Poll Central from its offices within the United States and can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access this Service may differ, by accessing this Service both You and Poll Central agree that this Agreement will be construed and enforced in accordance with the statutes and laws of the State of New York, without regard to choice of laws principles. Any action to enforce this Agreement will be brought in the federal or state courts presiding in the State of New York, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. Poll Central makes no representation that materials on this Service are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Service are illegal is prohibited. Those who choose to access this Service from other locations do so of their own volition and are responsible for compliance with applicable local laws.
Effective Date and Changes to Agreement. The foregoing Agreement is effective as of April 8, 2009. Poll Central reserves the right to change this Agreement at any time by notifying Users of the existence and location of the new or revised Agreement. Your continued use of this Service, or an applicable, affirmative assent, after notice of a change shall constitute your acceptance of any such changes to this Agreement.