Terms of Use
1. Jurisdiction. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. At this time we practice law solely in Kentucky, United States, and nothing in this Site is intended or implies we practice law in any other state other than Kentucky.
2. Description of the Services. We provide users of the Site with access to general information about direct primary care and about us, including without limitation: (a) information such as blogs, articles, event listings, video links, and other content and (b) and links to third-party websites (such information and services, collectively, the “Services”).
NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE. This site is free and open to the public. This site does address legal issues, but our statements are NOT LEGAL ADVICE. No user of this site should act or refrain from acting on the basis of information included on this site without seeking legal advice of local counsel in your state. We expressly disclaim all liability regarding decisions made based on any contents of this site.
3. Information You Submit. Your submission of information through the Site is governed by our Privacy Policy, which is located at (the “Privacy Policy”). If you choose to make any of your personally identifiable or other information publicly available on the Site, such as through the forum or comment section, you do so at your own risk.
4. Rules of Conduct. While using the Site you will comply with all applicable laws, rules, and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 12 below. You agree that you will not:
• Use the Site for any fraudulent or unlawful purpose.
• Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
• Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
• Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
• Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
• Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
• Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
• Frame or mirror any part of the Site without our express prior written consent.
• Create a database by systematically downloading and storing Site content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.
5. Registration. You may need to register to use the forum with external sites. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.
6. Accuracy of Information. We attempt to ensure that information on this Site is complete, accurate, and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Site.
7. Our Proprietary Rights. We and our respective licensors and suppliers own the information and materials made available through the Site. Such information and materials may be protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.
Our trademarks and service marks include, without limitation, DPC Frontier, LLC, and any associated trademarks, service marks, and logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. You may not use our trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trademarks or service marks without express prior written consent of the owner.
PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
8. Links. The Site may provide links to other web sites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK. Additionally, we may provide tools to allow you to link to the Site directly from a third-party site; if you do link to the Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.
9. Limitations of Liability and Disclaimers. THE SITE AND ALL GOODS, SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alterations to the Site, contact us at info@dpcfrontier.com with a description of the material(s) at issue and the URL or location of such materials.
10. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us or our affiliates harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of this Agreement by you.
11. Termination. This Agreement is effective until terminated. We may, at any time and for any reason, terminate your access to the Site. If we terminate your access to the Site, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site or to any such information or files, and (except as may be required under mandatory applicable law) shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site or any third-party claim that your use of the Site is unlawful or infringes such third party’s rights). Sections 1, 2, and 6-12 shall survive any expiration or termination of this Agreement.
12. Governing Law; Dispute Resolution. You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of Wyoming, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Cheyenne, Wyoming, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections thereto.
13. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://kids.getnetwise.org/ andhttp://onguardonline.gov/. Please note that we do not endorse any of the products or services listed at these sites.
14. Ability to Enter Into This Agreement. By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
15. Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in our discretion.
We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Privacy Policy
DPC Frontier is committed to protect the privacy of individuals who visit the website and who make use of the on-line facilities. This privacy policy provides you with information in terms of articles 19 and 20 of the Data Protection Act. It also takes consideration of Recommendation 2/2001 of the Article 29 Data Protection Working Party, adopted on 17 May 2001, on certain minimum requirements for collecting personal data on-line. The policy is available via a link at the bottom of each web page.
When you visit our website the following information will automatically be processed solely for the use of this association:
The requested web page or download;
Whether the request was successful or not;
The date and time when you accessed the site;
The Internet address of the web site or the domain name of the computer from which you accessed the site;
The operating system of the machine running your web browser and the type and version of your web browser.
Cookies
Cookies are small pieces of data that the site transfers to the user’s computer hard drive when the user visits the website. Our website uses only session cookies which are erased when the user closes the Web browser. The session cookie is stored in temporary memory
and is not retained after the browser is closed. Session cookies do not collect information from the user’s computer. They will typically store information in the form of a session identification that does not personally identify the user personal data provided by the data subject when using this website’s online facilities;
Your rights as data subject
As an individual you may exercise your right to access the data held about you by this company by submitting your request in writing to info@dpcfrontier.com. At this time we are not intentionally retaining data, but retain the right to retain the data articulated above. If any data were retained it would be disclosed to you upon your request. Although all reasonable efforts will be made to keep your information updated, you are kindly requested to inform us of any change referring to the personal data held by the association. In any case if you consider that certain information about you is inaccurate, you may request rectification of such data. You also have the right to request the blocking or erasure of data which has been processed unlawfully.
Links to other Web Sites
To give you a better service our site can connect you with a number of links to other local
and international organisations and agencies. When connecting to such other websites you
will no longer be subject to this policy but to the privacy policy of the new site.
Changes to this Privacy Policy
If there are any changes to this privacy policy, we will replace this page with an updated version. It is therefore in your own interest to check the "Privacy Policy" page any time you access our web site so as to be aware of any changes which may occur from time to time.
Feedback
Any comments or suggestions that you may have and which may contribute to a better quality of service will be welcome and greatly appreciated.