PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR — — USE OF OUR WEBSITE CAREFULLY.
*By Clicking the button below you are automatically agreeing to all terms and conditions.
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Welcome to www.upshealthcare.com.
By using our Website, you agree to these Terms and Conditions of Use (“Terms & Conditions”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered user account or subscription with us.
www.upshealthcare.com is an E-commerce Website. Through the years of service to the medical community, United Physicians Services, L.L.C. has accumulated hundreds of templates, guides, documents that would be valuable assets to doctors, medical practices, health systems, associations, and payers. United Physicians Services, L.L.C. has embarked on a project to take existing documents and make them generic templates appropriate for downloadable templates.
Cancellation/Refund Policy
By agreeing to the Terms and Conditions and checking the Acceptance Box, you authorize United Physicians Services, L.L.C. to automatically charge your credit or debit card as payment for your a la carte purchase or purchase of a membership level on the Site. Furthermore, you agree that you are responsible for payment of fees for the entire first 6- months of your membership, regardless if you ever actually download a document. To further clarify, no refunds will be issued during the six months. We are committed to providing all participants with a positive Site experience. United Physicians Services, L.L.C. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Website. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section you agree that United Physicians Services, L.L.C. may, at its sole discretion, terminate this Terms of Use and limit, suspend, or terminate your participation on the Website without refund if you fail to follow the Website’s guidelines. You may cancel your subscription at any time after the initial six (6) months. Please contact us at info@upshealthcare.com with any questions.
Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of the websites which are owned or operated by United Physicians Services, L.L.C. (“United Physicians Services”) and our affiliates (collectively, “we,” “us,” or “our”), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our “Website”). For purposes of these Terms & Conditions, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, United Physicians Services and any of their subsidiaries.
Terms & Conditions
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites.
Representations and Warranties
By using the Website, you expressly represent and warrant that you are legally entitled to enter this agreement. If you reside in a jurisdiction that restricts the use of the Website because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Website. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Website is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Website you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Website or Service.
By using the Website, you agree that:
- You will only use the Website for lawful purposes; you will not use the Website for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Website to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Website in any way whatsoever.
- You will not copy, or distribute the Website or other content without written permission from the United Physicians Services, L.L.C…
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Website.
- You will provide us with whatever proof of identity we may reasonably request.
Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. The Content may be covered by our U.S. Patents. All trademarks appearing on this Website are trademarks of their respective owners. United Physicians Services, L.L.C. is the trade name and the registered trademark and service mark of United Physicians Services, L.L.C.. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
Privacy
We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.
Community Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
You agree not to use this Website (including any Community Areas) to:
| a. | Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion); | ||
| b. | Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor; | ||
| c. | Impersonate any person or entity, including, but not limited to any user of this Website, a director, officer, employee, shareholder, agent or representative of United Physicians Services, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with United Physicians Services, or our affiliates or any other person or entity; | ||
| d. | Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website; | ||
| e. | Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); | ||
| f. | Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party; | ||
| g. | Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose; | ||
| h. | Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses 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; | ||
| i. | Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Community Area (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Website; | ||
| j. | Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; | ||
| k. | Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; | ||
| l. | “Stalk” or otherwise harass another user or employee of this Website; or | ||
| m. | Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or Access or attempt to access another user’s account without his or her consent. |
Except as may otherwise be provided in our Privacy Policy, all Community Area communications, including, but not limited to, chat, message board, blog, groups, and profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Website (including any Community Area) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Community Areas, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Community Area, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Website, and we are not liable for any loss you incur in the event that Content you post or transmit to our Website is been removed.
Links
These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we 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, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
Certain services made available via www.upshealthcare.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.upshealthcare.com domain, you hereby acknowledge and consent that UPS may share such information and data with any third party with whom UPS has a contractual relationship to provide the requested product, service or functionality on behalf of www.upshealthcare.com users and customers.
No unlawful or prohibited use/Intellectual Property
Copyright Policy
United Physicians Services, L.L.C. respects copyright law and expects its users to do the same. It is United Physicians Services, L.L.C.’s policy to terminate in appropriate circumstances Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Intellectual Property Ownership
United Physicians Services, L.L.C. alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website and its content and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, or any intellectual property rights owned by United Physicians Services, L.L.C.. The United Physicians Services, L.L.C. name, the United Physicians Services, L.L.C.. logo, and the product names associated with the Application and Service are trademarks of the United Physicians Services, L.L.C.. or third parties, and no right or license is granted to use them.
Health Disclaimer
Nothing contained in this Website should be construed as medical advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
Disclaimers of Warranties
THE CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER UNITED PHYSICIANS SERVICES, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIR– — USES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE — — USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER UNITED PHYSICIANS SERVICES, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE — — USE OR THE RESULTS OF THE — — USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNITED PHYSICIANS SERVICES, L.L.C. AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, — — USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE — — USE OR THE INABILITY TO — — USE THIS WEBSITE; (B) THE — — USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CA– — USES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR — — USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Internet Delays
UNITED PHYSICIANS SERVICES, L.L.C.’s WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE — — USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE UNITED PHYSICIANS SERVICES, L.L.C.. IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Indemnification
You agree to indemnify, hold harmless and, at our option, defend United Physicians Services, L.L.C. and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
Termination
We reserve the right in our sole discretion and at any time to block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that the Website, United Physicians Services, L.L.C., our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies shall not be liable to you or any third party for blocking your access to the Website.
Any suspension or termination shall not affect your obligations to United Physicians Services, L.L.C. under these Terms of Use. These Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions set forth below.
Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the state or federal courts located in Maricopa County in the State of Arizona and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Miscellaneous Terms
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
No joint venture, partnership, employment, or agency relationship exists between you, United Physicians Services, L.L.C. or any third party provider as a result of this Agreement or use of the Website. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of United Physicians Services, L.L.C. to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by United Physicians Services, L.L.C. in writing. This Agreement comprises the entire agreement between you and United Physicians Services, L.L.C. and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.
Assignment
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Electronic Communications
Visiting www.upshealthcare.com or sending emails to UPS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
Your account
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that UPS is not responsible for third party access to your account that results from theft or misappropriation of your account. UPS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
UPS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.upshealthcare.com only with permission of a parent or guardian.
International Users
The Service is controlled, operated and administered by UPS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the UPS Content accessed through www.upshealthcare.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Contact Us
UPS Healthcare welcomes your questions or comments regarding the Terms:
United Physicians Services, L.L.C.
5070 North 40th Street
Phoenix, Arizona 85018
Email Address: info@upshealthcare.com
Telephone number: (602) 685-9500