This Terms of Use Agreement (“Terms of Use” or “Agreement”) governs your access and use of the software, websites, and services described herein.
Terms and Definitions
This Agreement uses the terms “Website” and “Portal.” The term “Website” refers to the Profeta Institute Internet web address (www.profeta.com). The term “Portal” refers to the Internet Portal, which is the Internet site that provides access to www.profeta.com.
Acceptance and Participation
It is important that you read this Agreement. You understand and agree that this Agreement is a legally binding agreement between you and the Profeta Institute. It states the terms and conditions under which you may access and use the Portal to send and allow the Profeta Institute to collect your e-mails. If you do not accept the terms and conditions of this Agreement, then please terminate your connection to the Portal immediately. You should visit this page periodically to review this Agreement because the Profeta Institute will not notify you of any changes to this Agreement.
Medical Emergencies
You understand that the Portal is not to be used in the case of an emergency. In the event of an emergency, you must call 911 or proceed to the emergency department.
Eligibility for Use
You must be over the age of 18 to be eligible to use the Portal. Access to the Portal remains active unless you notify us that you would like to opt out, or you have violated these terms and conditions resulting in access termination.
Profeta Institute Portal Access and Use
You understand that the Portal is intended to be used only by individuals who wish to use the Profeta Institute Internet website to communicate via e-mail. To that end, the Profeta Institute does not assume any liability whatsoever for any health information received from you.
General Information Is Not Medical Advice
Neither the Profeta Institute Internet website nor the Portal offers medical advice or treatment. Currently, it is only designed and intended to accept e-mails.
No Provider-Patient Relationship
The receipt of e-mails from the Profeta Institute Internet website users does not per se establish a provider-patient relationship between you and the Profeta Institute and is not intended as a solicitation of individuals to become patients or clients of the Profeta Institute.
Disclaimer of Warranties
The Portal is provided “AS IS” and “AS AVAILABLE.” The Profeta Institute makes no representations or warranties, expressed or implied, that the Portal will be made available at “ALL TIMES.”
Limitation of Liabilities
In no event shall the Profeta Institute be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages. The foregoing limitations shall apply even if the Profeta Institute knew of or should have known of the possibility of such damages.
The Profeta Institute also expressly disclaims any and all liability for ANY INADVERTENT LOSS OF DATA TO OR FROM THE PORTAL OR DAMAGE TO COMPUTER OR MEDIA AS A RESULT OF ERRORS CAUSED BY HUMAN AND/OR MACHINE ERRORS. YOU UNDERSTAND AND AGREE THAT USE OF OR CONNECTION THROUGH THE INTERNET IS INHERENTLY INSECURE AND THAT USING THE INTERNET TO CONNECT TO THE PORTAL PROVIDES OPPORTUNITY FOR UNAUTHORIZED ACCESS AND ANY AND ALL INFORMATION STORED THEREIN.
Indemnity
You agree to indemnify, defend, and hold harmless the Profeta Institute, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever.
License
Subject to the terms and conditions of this Agreement, you are hereby granted a worldwide, fully paid-up, non-transferable, and non-exclusive license to send e-mails to the Portal for your personal, non-commercial use.
Conduct Regarding Document Uploads (“Submissions”)
The Portal provides a feature that allows you to send (“post”) e-mails to the Portal that are then accessed by the Profeta Institute staff. The Profeta Institute reserves the right to cooperate with any law enforcement requests or remove any submissions in whole or in part, according to the Profeta Institute’s sole discretion.
You agree your Submissions will NOT:
- Restrict, intimidate, or inhibit any other users from using and accessing the Portal;
- Post or transmit any unlawful, abusive, defamatory information of any kind;
- Upload any materials that contain content intended to harm the Portal; and
- Use or “mine” the Portal for unsolicited commercial purposes.
Data Privacy and Security
The Profeta Institute employs commercially reasonable safeguards to protect the confidentiality of your e-mail content. In the future, the Profeta Institute Internet website will use industry best practices specified in the HIPAA Security Rule located at § 45 CFR Part 160, subparts A and C of Part 164 to ensure your health information is confidential and secure. However, you understand that such safeguards are NOT in place at this time.
Modification or Termination of the Portal
The Profeta Institute reserves the right at any time, and from time to time, to modify or discontinue the Portal (or any part thereof) with or without notice to you.
Governing Law and Jurisdiction
Any cause or action arising out of or related to this Agreement may only be brought in the courts of applicable jurisdiction in the State of New Jersey, without regard to its conflicts of law principles, and the parties hereby submit to the jurisdiction and venue of such courts.