Terms and Conditions of Use

.: Last Updated: May 13th, 2009

Please carefully review the Terms and Conditions of Use. By accessing, browsing, downloading or otherwise using this website (PrescottHealthcareInfo.com or the PrescottHealthcareInfo.com Website), you are agreeing to these Terms and Conditions of Use. If you do not agree to the Terms and Conditions of Use set forth below, you may not use the Website. PrescottHealthcareInfo.com may modify or update the Terms and Conditions from time to time without prior notice. PrescottHealthcareInfo.com may also modify, add to, delete, and/or discontinue any or all parts of the Website without prior notice. Your continued use of the Website following any modification or update means you accept any changes made.

The PrescottHealthcareInfo.com Website is operated and managed by Workin.Com, Inc. (PrescottHealthcareInfo.com).

PrescottHealthcareInfo.com reserves the right to restrict access to any or all parts of the Website without notice or liability.

Medical Disclaimer

The information provided on the Website is for general informational purposes only and is not a substitute for professional medical advice and treatment. You should always seek the advice of your physician or other medical professional if you have questions or concerns about a medical condition. If you think you have a medical emergency, please immediately call 911 or your physician. PrescottHealthcareInfo.com does not endorse any opinion, product, medication, test, procedure, physician, or other medical professional that is published on the Website. Never disregard professional medical advice or delay in seeking such advice because of information contained on the Website.

Use of Content

All designs, text, graphics, photographs, images, video, audio files, Java applets and scripts, and other works on the Website (PrescottHealthcareInfo.com), and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of PrescottHealthcareInfo.com or its licensors, or represented as the property of content suppliers, contributors and vendors. All rights not expressly granted herein are reserved for PrescottHealthcareInfo.com or its licensors. Any unauthorized redistribution or reproduction of any materials on the Website is strictly prohibited.

Registered, Unregistered and Registered Professional Users may use the Website Content only as outlined below. All other uses of the Website Content are strictly prohibited.

Registered, Unregistered and Registered Professional Users (collectively, "Users") of the PrescottHealthcareInfo.com Website may access, view, and browse the Website Content through a personal computer or other access device that uses a communications connection. Unless these Terms and Conditions of Use state otherwise, Users may not reproduce, prepare derivative works, modify, copy, sell, transmit, republish, distribute or upload, any material from the Website in any manner or medium including, but not limited to, by email or other electronic means. However, Users may, from time to time, download and/or print one copy of individual papers, alerts, or other communications from the Website for personal, non-commercial use. The following copyright notice and any other proprietary rights notice provided in the Website Content must be included on any downloaded material: "© 2009 PrescottHealthcareInfo.com," Registered Users and Registered Professional Users may access their Username and Password protected Directory Account panel, but Unregistered Users may not.

If you are a healthcare professional practicing in the regions served by PrescottHealthcareInfo.com, you may become a Registered Professional User of the PrescottHealthcareInfo.com Website. In addition to the rights indicated above, Registered Professional Users may submit User Content to the Website. User Content includes, but is not limited to, content, text, information, photos, video, audio, images, graphics, or other information that you publish, display, upload, or post on the Website, or transmit to other Users through the Website. By submitting any User Content to PrescottHealthcareInfo.com through the Website you represent and warrant that: (i) you own the material or are making the submission with the express, written consent from the owner of the User Content; and (ii) the owner of such User Content has expressly granted to PrescottHealthcareInfo.com a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication, content and/or intellectual property in any media or medium, or any form, format, or forum now known or hereafter developed. PrescottHealthcareInfo.com may sublicense its rights through multiple tiers of sublicenses.

You understand that PrescottHealthcareInfo.com may, but is not obligated to, review and delete or remove any of the User Content, without prior notice, that in the sole judgment of PrescottHealthcareInfo.com violates these Terms and Conditions of Use.

You will not upload, post, transmit or otherwise make available any communication or User Content including, but not limited to, any photographs, images, icons, videos, audio or other content which: (i) infringe or violate any third party rights, or which is unlawful, harmful, threatening, abusive, harassing, slanderous, libelous, vulgar, obscene, invasive of another's privacy, or hateful; or (ii) that contain software viruses or any other computer software routine intended or designed to, or which has the capacity to, permit access or use of the Website or PrescottHealthcareInfo.com's systems by any person not authorized by PrescottHealthcareInfo.com or disable, damage, erase, disrupt or impair the normal operation of the Website or any other software or data on PrescottHealthcareInfo.com's and its Users' computer systems (collectively, "User Submission Requirements"). Your submission of any User Content means you agree that such submission meets these User Submission Requirements and is non-confidential for all purposes.

Uploading photographs, videos, images and the like of other people without their permission is strictly prohibited. By submitting User Content to the PrescottHealthcareInfo.com Website, you represent and warrant that you have permission, from all individuals appearing in the User Content, to provide such submission and to grant the rights provided herein.

The personally identifiable information you submit to the Website will be treated by PrescottHealthcareInfo.com in accordance to the PrescottHealthcareInfo.com Website Privacy Policy. To the extent there is an inconsistency between these Terms and Conditions of Use and the PrescottHealthcareInfo.com Website Privacy Policy, these Terms and Conditions of Use shall govern. Any additional rules governing the use of Website Content, software, and other items accessible on the Website may be included elsewhere within the Website, and such rules are incorporated into these Terms and Conditions of Use by reference.

Copyright Policy

If you are a copyright owner or an agent thereof and believe that any of the Website Content or other content or material on the Website 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 as outlined in 17 U.S.C.

1. A physical or electronic signature of the owner of an exclusive right that is allegedly infringed or a person authorized to act on behalf of such owner;
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PrescottHealthcareInfo.com to locate the material;
4. Information reasonably sufficient to permit PrescottHealthcareInfo.com to contact the owner or agent, such as an address, telephone number and, if available, email address;
5. A statement that the owner or agent has 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent for receiving notifications of claimed infringement is:
Copyright Agent
Workin.Com, Inc.
343 Church Street
Santa Cruz, CA 95060

In an effort to protect the rights of copyright owners, PrescottHealthcareInfo.com has adopted and maintains a policy for the termination, when appropriate, of Users of the Website who are repeat infringers.

Termination Policy for Repeat Infringers

All Users must be on notice that should PrescottHealthcareInfo.com directly or indirectly become aware of actual or alleged repeat offenses involving the prevailing copyright laws of the United States, codified in Title 17 of the United States Code, by a Website User, any and all services provided by PrescottHealthcareInfo.com to such a repeat offender may be terminated within seven (7) business days or less of such determination.

For purposes of this policy, a "repeat offender" may be a User who has been notified by PrescottHealthcareInfo.com, either via email or in writing, of an actual or alleged copyright infringement associated with the User on three (3) or more separate occasions. Such a determination will be made in the sole discretion of PrescottHealthcareInfo.com and PrescottHealthcareInfo.com is not required to seek judicial validation of any kind in making this determination. All decisions to terminate the services provided by PrescottHealthcareInfo.com to such a repeat offender will be final. PrescottHealthcareInfo.com shall make a good faith effort to provide notice to the repeat offender upon making such determination and prior to termination. PrescottHealthcareInfo.com also reserves the right to terminate any and all services provided to a User after a single violation of these Terms and Conditions of Use.

Children's Privacy

The Website is not designed to attract children under the age of 13. PrescottHealthcareInfo.com does not collect personally identifiable information from any person that PrescottHealthcareInfo.com actually knows is a child under the age of 13, nor does PrescottHealthcareInfo.com knowingly allow children under the age of 13 to become Registered Users or Registered Professional Users of the Website. Please do not send personally identifiable information to PrescottHealthcareInfo.com if you are under the age of 13.

Indemnity

You will indemnify and hold Workin.Com, Inc. and PrescottHealthcareInfo.com, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, and liabilities, due to or arising out of your use of the Website and/or your violation of these Terms and Conditions of Use, and you shall pay all costs, expenses, settlements and damages finally awarded, including reasonable attorneys' fees.

Disclaimers

The PrescottHealthcareInfo.com Website and its content are provided on an "as is" basis. USE OF THE WEBSITE AND ANY WEBSITE CONTENT IS AT YOUR OWN RISK. PrescottHealthcareInfo.com DISCLAIMS, to the fullest extent permitted by law, all warranties, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, non-infringement of third-party rights, AND FITNESS FOR A PARTICULAR PURPOSE.

PrescottHealthcareInfo.com makes no guarantees, endorsements, promises, representations, or warranties of any kind regarding the following:

1. The accuracy, efficacy, completeness, reliability, or timeliness of the Website or Website Content including, but not limited to, information, text, graphics, communications and links provided on or through the Website;
2. The availability of the Website or any specific results from use of the Website or Website Content for any purpose;
3. Adherence to or compliance with any federal, state, local, or government regulations requiring information disclosure, such as on prescription drug products; and
4. Adherence to or compliance with any federal, state, local, or government regulations regarding the Website or Website Content.

The reference to any goods or services on the Website by third parties is not a recommendation or endorsement by PrescottHealthcareInfo.com of such goods and services. Each third party is solely responsible for that content and any representations made therein.

The responsibility for the proper conduct and safety of any Clinical Trial or related clinical research project/initiative disclosed on the Website is outside the purview of PrescottHealthcareInfo.com and such responsibility rests exclusively with one or all of the following: the Principle Investigator, the trial sponsor, applicable Data Monitoring Committee, applicable Institutional Review Board/Independent Ethics Committee (IRB/IEC) and/or any other applicable designated governing/controlling associated authority.

Limitation of Liability

IN NO EVENT WILL PrescottHealthcareInfo.com OR ANY OF ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the website BE LIABLE to you or to any third party FOR any delay, failure, interruption of service, LOSS OF USE, lost DATA, corruption of data, lost profit, lost revenue, diminished GOODWILL, personal injury, wrongful death, fraudulent misrepresentation, OR any OTHER INDIRECT, INCIDENTAL, special, punitive, exemplary, OR consequential DAMAGES, arising from or related to the website, the website content, and/or your use or inability to use the website or the website content, whether based on warranty, contract, tort, or any other legal theory, and whether or not PrescottHealthcareInfo.com, OR ANY OF ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the website have BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE aggregate liability OF PrescottHealthcareInfo.com, ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the Website FOR ALL CLAIMS SHALL NOT EXCEED one-thousand U.S. dollars (U.S. $1,000). Any claims arising in connection with your use of the Website OR WEBSITE CONTENT must be brought within one (1) year of the date of the event giving rise to such action, and such claims must be brought in the jurisdiction defined by these Terms and Conditions of Use. PrescottHealthcareInfo.com, its licensors, its suppliers, or any third parties mentioned on the Website are not liable for any personal injury, including death, caused by your use or misuse of the Website or its content. You agree that all remedies set forth in these Terms and Conditions of Use are exclusive and are limited to those expressly provided herein.

Passwords

Registered Users and Registered Professional Users will select a username and password upon completing the registration process. Registered Users and Registered Professional Users are fully responsible for maintaining the confidentiality of their username and password. Registered Users and Registered Professional Users agree to immediately notify PrescottHealthcareInfo.com through the Contact Us page on the Website. Should the User know, or have reasonable grounds to suspect that the username and password have been compromised. PrescottHealthcareInfo.com is not responsible for the User's failure to abide by this paragraph. You agree not to use the account, email address, or password of any other User at any time. You are solely responsible for all activity by anyone using your account and/or password, regardless of whether you had or have knowledge of such use.

Linking to the PrescottHealthcareInfo.com Website PrescottHealthcareInfo.com welcomes links to the PrescottHealthcareInfo.com homepage. You may establish such a link if it does not appear to be an express or implied endorsement or approval by PrescottHealthcareInfo.com. Links to the PrescottHealthcareInfo.com homepage should be in text format only and should not include any PrescottHealthcareInfo.com trademarks, service marks or logos. PrescottHealthcareInfo.com reserves the right to demand that you delete a link to our website if the link is created on a webpage that PrescottHealthcareInfo.com deems inappropriate.

General Provisions

Waiver. No waiver of a breach of any term of these Terms and Conditions of Use will be effective unless in writing and duly executed by the waiving party. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of these Terms and Conditions of Use. No failure on the part of a party to exercise, and no delay in exercising any of its rights hereunder, will not operate as a waiver thereof, nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right. No course of dealing between the parties will be deemed effective to modify, amend or discharge any part of these Terms and Conditions of Use or the rights or obligations of any party hereunder.

Entire Agreement. These Terms and Conditions of Use, PrescottHealthcareInfo.com's Privacy Policy, and PrescottHealthcareInfo.com's Provider Directory Terms and Conditions of Use contain the entire agreement between the User and PrescottHealthcareInfo.com with respect to the use of the Website and the Website Content. In the event of any conflict between these Terms and Conditions of Use and PrescottHealthcareInfo.com's Privacy Policy or Provider Directory Terms and Conditions of Use, the terms of these Terms and

Conditions of Use will control

Governing Law and Dispute Resolution. These Terms and Conditions of Use and any dispute arising between you and PrescottHealthcareInfo.com will be governed by and interpreted in accordance with the laws of the State of California, excluding its conflicts of law principles. In the event that any legal proceedings are commenced with respect to any matter arising under these Terms and Conditions of Use, the parties specifically consent and agree that the courts of the State of California and/or the Federal Courts located in the State of California will have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action will be in Santa Cruz County, California and/or the U.S. District Court for the Northern District of California. Additionally, the party that loses any such proceeding will pay all reasonable costs and expenses incurred by the other party(s) in connection therewith, including all attorneys' and other professional fees and expenses.

Partial Invalidity. If any provision of these Terms and Conditions of Use is held invalid or unenforceable by competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of these Terms and Conditions of Use will not affect its other provisions and these Terms and Conditions of Use will be construed in all respects as if the invalid or unenforceable provision was omitted.

Your permission to use the Website Content will automatically terminate should you violate any of these Terms and Conditions of Use and you must immediately destroy any copies you have made of any portion of the Website and/or the Website Content.

Term. The term of this Agreement commences on the date of execution by you (either in writing or by electronic signature, including recorded oral acceptance of this Agreement of an Order presented by us and shall (subject to our right hereunder to terminate or suspend our performance or remove Advertising Products under circumstances specified in this Agreement) continue until we have fulfilled the Advertising Products specified in the Order for the Initial Term specified in the Order. Unless otherwise provided in the Order and except as provided below in these Ts&Cs, upon expiration of the Initial Term, the term of this Agreement shall automatically renew for a "Renewal Term" unless you or we notify the other of its intent not to renew at least thirty days before expiration of the Initial Term. All services provided during the Renewal Term will be subject to the then-current Terms and Conditions, pricing and other terms for Internet Advertising available on our Website (such then current Ts&Cs being referred to herein as this Agreement). The Renewal Term will continue from expiration of the Initial Term until termination pursuant to this Agreement. Unless otherwise provided in the Order, either you or we may terminate the Renewal Term, with or without cause, upon thirty days' prior written notice to the other. Neither of us may terminate this Agreement during the Initial Term, provided that we may terminate this Agreement at any time upon notice to you if you breach this Agreement. If you choose to have your Advertising Products removed from any site and/or our services discontinued prior to the end of the Initial Term or Renewal Term, as the case may be, you shall notify us in writing and the unpaid balance for the entire Initial Term or Renewal Term will become immediately due and owing.