Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.  The following Terms and Conditions, as they may be modified from time to time ("Terms"), govern your use of the website at www.clinicalmanagementconsultants.com (the "Site").  By accessing and using the Site, you acknowledge and accept the Terms.  The Site is provided by Clinical Management Consultants (“CMC”) for your personal informational use, subject to the Terms.  CMC may change the Terms from time to time and at any time, and without actual notice to you.  By using the Site after we post any changes, you shall be deemed to have accepted those changes, whether or not you have reviewed them.  If at any time you choose not to accept the Terms, please do not use the Site.

The Site and any software accessible therefrom, as well as any communications service, including the capability to contribute material through a form, chat room, message board, newsgroup, blog, or other interactive service that may be available to you on or through the Site (collectively, the "Services") are provided to you solely for your personal informational purposes.  By using the Site and Services you agree to provide true, accurate, current and complete information about yourself as prompted by the CMC forms.  If any information provided by you is untrue, inaccurate, not current or incomplete, CMC reserves the right to terminate your use and/or to refuse any and all current or future use of the Services.

Unless otherwise noted, all software, information, text, articles, data, images, screens, web pages or other materials appearing on the Site ("Materials") are the exclusive property of CMC unless a different ownership is indicated. You may make one copy of the Materials for your personal informational use only, provided that the copy includes each copyright or trademark notice or attribution as it appears on the pages copied, and provided the copy indicates the CMC copyright notice (see Intellectual Property Rights, below).  The Materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these Terms, without the express written permission of CMC.  You may not use anything contained in the Materials in any manner that may give a false or misleading impression or statement.  Nothing on this Site shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication or otherwise, except as to any software which is separately and specifically licensed to you.

Prohibited Acts

You may not use the Site or Services to:

  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials  ("Content") that:
    • is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, or hateful, or that contains explicit or graphic descriptions or accounts of sexual acts;
    • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • Constitutes another’s proprietary or confidential information including that learned or disclosed as part of employment relationships or under nondisclosure agreements;
    • Infringes any patent, trademark, trade secret, copyright, right of publicity, moral right, personal right, or other proprietary rights of any party;
    • Constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    • Contains software viruses, Trojan horses, worms, time bombs, cancelbots, 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 or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
  • "Stalk" another;
  • Harm minors in any way;
  • You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
  • Impersonate any person or entity, including, but not limited to, a CMC official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted to or through the Site;
  • Act in a manner that negatively affects other users' ability to engage in the Site or Services;
  • Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or Services including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, registering another party or submitting another party’s personal information without their authorization or registering or submitting information multiple times under the same or different names;
  • Interfere with or disrupt the Services or servers or networks related to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
  • Harvest, collect or store information about the users of the Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site, or in violation of any law, or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications; or
  • Intentionally or unintentionally violate any applicable local, state, national, or international law.

Materials and Content Submitted

You understand and acknowledge that:

  • CMC is not responsible for Content submitted to CMC or posted to the Site by users;
  • CMC does not pre-screen, monitor, review, or edit the Content posted by users;
  • CMC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
    • comply with legal process;
    • enforce the Terms;
    • respond to claims that any Content violates the rights of third-parties; or
    • protect the rights, property, or personal safety of CMC, its users, or the public.
  • You may not rely on any information, data, text, music, sound, photographs, graphics, video, messages, or other Materials created by CMC or Content submitted to CMC;
  • The views expressed on the Site do not necessarily reflect the views of CMC;
  • CMC does not support or endorse Content posted or submitted by you or any user or Materials (whether or not edited by CMC or its designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content);
  • Materials you view, and Content you submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content or Materials;
  • CMC and its designees have the right (but not the obligation) at their sole discretion to refuse or to remove any Content, in whole or part, that in CMC's judgment, does not comply with the Terms or is otherwise undesirable, inappropriate, or inaccurate, however, CMC is not responsible for any failure, non-failure, or delay in removing such Content;
  • You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of submitted Content or other communication to CMC;
  • You will not upload or transmit any communications or Content of any type to the Site that infringes or violates the rights of any party;
  • You will only upload media (such as photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license;
  • You will not submit any media or Content that contains personally identifiable information (like name, phone number, email address) of you or anyone else without written permission;
  • By uploading any media or Content on the Site, you warrant that you have permission from all persons appearing in such media or Content for you to make this contribution and grant the rights described in the Terms;
  • You will immediately notify CMC of any unauthorized use of the Services or any other breach of security known or suspected by you;
  • The technical processing and transmission of the Site, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  CMC assumes no responsibility for the deletion or failure to store postings, contributions or other information submitted by you or other users, and any or all Content or Materials on the Site may be purged periodically in CMC's sole discretion.

Restrictions On Use of Materials

This Site is intended for personal informational purposes only.  Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content or Materials on the Site without CMC’s prior written consent.  To seek our permission, you may write to us at the email address provided.  Unless permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice.  You agree to abide by all trademark and copyright notices or other restrictions contained on the Site.

Submissions and Confidential Materials

While we welcome your comments and feedback regarding the Site, CMC is under no obligation to respond to all pieces of correspondence received through the Site, to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions.  We do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via the Site or any e-mail connection or otherwise.  Any information or material submitted or sent to CMC, or submitted to or via the Site, will be deemed not to be confidential or secret.  All unsolicited comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to us shall become and remain the property of CMC.  Any such submission by you is a declaration of the full release of all proprietary claims, confidentiality, and intellectual property rights regarding your submission. 

You should note that the security of Internet email is uncertain.  By sending sensitive or confidential email messages that are not encrypted, you agree to accept the risks of such uncertainty and possible lack of confidentiality over the Internet.

User's Grant of License

By communicating with CMC, including submitting or sending Content or other information or material to or via the Site, you grant CMC the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, publish, and display such Content (in whole or part), including any information, suggestions, ideas, drawings, or concepts contained in such Content, and to incorporate it in other works in any form, media, or technology now known or later developed.  You will remain responsible for the accuracy, intellectual property compliance, legality, decency, and any other aspect of Content you submit or other communication by you to CMC.  You also warrant that all "moral rights," “personality rights,” right of privacy and right of publicity in each such submission and Content have been waived.

Linked Sites

You may be able to link to third parties' websites ("Linked Sites") from the Site.  CMC reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature and any link to the Linked Sites and/or to introduce different features or links to different users.  The fact that another party has linked to the Site does not necessarily mean that such link has been approved by CMC.  Linked Sites are not reviewed, controlled, or examined by CMC in any way, and CMC is not responsible for the content, availability, advertising, products, or other materials on or pertaining to such Linked Sites.  CMC provides the links to you only as a convenience and the inclusion of any such link on the Site does not imply CMC's endorsement of the Linked Sites, the organization operating such Linked Sites, or any products or services of that organization.  Your linking to any other websites is entirely at your own risk. 

Under no circumstances will CMC be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website.  It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under all laws including copyright, secrecy, defamation, decency, privacy, and export laws.  In no event shall CMC be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation of links or your use of the Linked Sites or the information or material accessed through the Linked Sites.  You should direct any concerns to the Linked Sites’ administrator or webmaster.

To seek CMC’s permission to link to the Site, you may write to CMC.  We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Site, at our discretion at any time.

WARNING:  THE SITE AND THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN OBJECTIONABLE OR OFFENSIVE MATERIAL UNSUITABLE FOR MINORS AND OTHER SENSITIVE PERSONS.  IF YOU ENTER THE SITE OR THE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THE SITE OR THE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY, OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THE SITE AND THE LINKED SITES.  YOU HEREBY ACCEPT THE CONSEQUENCES OF ACCESSING THE SITE AND THE LINKED SITES.

Intellectual Property Rights

This Site is protected by the copyright and other laws of the United States.  Unless otherwise specified, all materials contained in this Site are the copyrighted property of CMC and its affiliates or licensors.  The copyright notice shall not be removed.  The Site and Materials are protected by copyright under both United States and foreign laws. Title thereto remains with CMC or its licensors.  Any use thereof not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws.  The Materials and the Site are subject to change or termination without notice in the editorial discretion of CMC. All rights not expressly granted herein are reserved to CMC and its licensors.

If you violate any of the Terms, your permission to use the Site automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials or the Site.

The following trademarks belong to the Company and may only be used with the written permission of the Company:  CMC and CLINICAL MANAGEMENT CONSULTANTS are trademarks belonging to CMC.

All other trademarks and service marks that appear on the Site or in the Content or Materials are the property of their respective owners and are used solely to refer to those companies’ goods and services.  Address any inquiries concerning usage of the CMC trademarks, copyrights, or designs to the email address given on this Site.

As between CMC and you, CMC or its licensor(s) is the sole owner of all Materials and Content on the Site, and U.S. and non-U.S. copyrights, patents, trademarks, trade secrets, and other intellectual property rights pertaining thereto.  Except as otherwise specifically provided in the Terms, no portion of the Site, the Content or Materials may be used, displayed, duplicated, modified in any way, distributed to or used by another, in whole or in part, without the prior written permission of the owner.  You may, however, print a copy of individual screens appearing as part of the Site solely for your personal informational, non-commercial use, provided that all trademarks, copyright notices and other legends that appear on the copied screens remain on the screen copies, that the copyright notice “© 2013 CMC, All Rights Reserved” appears on all pages of any such copy, and provided such notices are not removed from the printed or stored images of the screen copies.  All title and intellectual property rights in and to the content of the Linked Sites are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other property of ours or any third party, nor any right, title or interest in or to any portion of the Site, or the copyright therein.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

Parental Permission

This Site is not intended to be a children's site; therefore, some of the available information may concern certain topics that may not be appropriate for children. CMC may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and CMC may limit access to certain content to users above a specified age. You agree to abide by any such restrictions and not to help anyone avoid these restrictions.

Disclaimer Of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITATION OF THE FOREGOING, CMC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF THE FOLLOWING:  (1) ANY ERROR, OMMISSION, DELETION, OR DEFECT IN ITS CONTENT;  (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE; OR (3) ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE OR CONTRIBUTED CONTENT. CMC DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

CMC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR USE OR THE RESULTS ACHIEVED BY SUCH USE.   As a visitor to and user of this Site, you must assume full responsibility for any costs associated with servicing of software and equipment used in connection with use of this Site.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The use of the Site and the Content and Materials is at your own risk.  The information contained herein is intended, but not promised or guaranteed to be, correct, complete, and up-to-date.  Without limiting the foregoing, CMC, its licensors and suppliers make no representations or warranties concerning either the accuracy, reliability, completeness and timeliness of the Content, Materials, information on the Site, software, text, graphics, links, or communications provided on or through the use of the Site; or the satisfaction of any government regulations requiring disclosure of information on medical products or the approval or compliance of any software tools with regard to the Content and Materials contained on the Site.

Limitation Of Liability

IN NO EVENT WILL CMC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO ANY PARTY FOR:  (i) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF CMC OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CMC’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS SITE AND WILL NOT MAKE ANY CLAIM AGAINST CMC FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THIS SITE.  AS A VISITOR TO AND A USER OF THIS SITE, YOU, IN EFFECT, AGREE THAT ALL ACCESS AND USE OF THIS SITE AND ITS CONTENTS ARE AT YOUR OWN RISK.

Indemnification

You agree to defend, indemnify, and hold CMC, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution, or transmission of any Content or other materials by you or users authorized by you, or any violation of these Terms by you or users authorized by you.  CMC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CMC in asserting any available defense.

Copyrights and Take Down Procedure

We respect the intellectual property rights of others and require that the people who use the Site do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the email address identified in the Site:

  • Your username, address, telephone number, and e-mail address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Removal in Error-Counter Notice

If your Content was removed through the procedure described above, and you believe that it was removed in error, we suggest that you first try to contact the rights owner directly.  If the rights owner agrees that a mistake was made, ask the rights owner to email us and we will allow you to resubmit your Content.

You may have the option of filing a Counter Notice with us if you feel that your Content was removed in error and you have not been able to come to an agreement with the rights owner.  A Counter Notice is a form we provide in compliance with the requirements of the federal law known as the Digital Millennium Copyright Act.  The form is a legal document that requires you to certify under penalty of perjury that your Content was not infringing and was removed by mistake.  Please read this form carefully, so you fully understand what you agree to if you choose to submit it to us.

If you are interested in filing a Counter Notice, please email us at the address given, and provide us with contact and other information regarding your appeal.  Once a valid Counter Notice is submitted, we will provide a copy of the notice to the reporting party and will advise them that the Content will be reinstated after 10 business days if we do not hear from the reporting party that it has filed an action seeking a court order to restrain you from re-posting the Content.

Payments and Fees

All fees paid to CMC for use of the website(s) are due and payable prior to such use. All fees paid are non-refundable.

Our Email Address

You may email us at Contact Us

Applicable Laws / Jurisdiction

Please remember that, although the Internet is global in scope and this page can be read from anywhere in the world, we do not necessarily conduct business in the jurisdiction where it is being read.

You agree that the laws of the State of California city and County of San Francisco, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with CMC or relating in any way to your use of the Site resides in the courts of the City and County of San Francisco, State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the  city and County San Francisco State of California, in connection with any such dispute and including any claim involving CMC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

Provisions unenforceable or invalid

If any part of this agreement is held invalid or unenforceable in a given jurisdiction, that portion shall be construed in that jurisdiction in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect in that jurisdiction.

Complete Agreement

These Terms represent the entire understanding relating to the use of this Site and prevail over any prior or contemporaneous, conflicting or additional, communications.  CMC reserves the right to revise these Terms at any time without notice by updating this posting. 

Assignment

You shall not transfer, assign, sublicense, nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.  CMC may transfer, assign, sublicense, or pledge in any manner whatsoever any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof, or to any third party whatsoever, without notifying you or receiving your consent.

If you have any questions about this policy or our site in general, please contact us at the email address given.

Clinical Management Consultants

435 Pacific Ave., STE 500

San Francisco, CA 94133

Tel (415) 773-1100

Fax (415) 418-3487

Clinical Management Consultants

5000 Euclid Ave STE 206

Cleveland, OH 44103

Tel (440) 638-5000

Fax (440) 210-7400