TERMS OF USE
1. ACCEPTANCE OF TERMS OF USE OF ILLINOIS PYCHIATRIC SOCIETY WEBSITE
Welcome to www.illinoispsychiatricsociety.org (the "Site"), a web site provided on behalf of the Illinois Psychiatric Society ("IPS").
The Terms of Use include any posted guidelines or rules applicable to particular content or services and, as updated by IPS from time to time, are collectively referred to as the "Terms of Use" and govern the use of the Site. You should carefully read the Terms of Use before using the Site. Additional Terms of Use apply to users relating to the “Find a Psychiatrist” service. All Terms of Use on the site apply to Users and IPS members (“Members”).
By using the Site, you: (i) agree to be bound by the Terms of Use; (ii) represent and warrant that you are at least eighteen (18) years old; and, (iii) represent and warrant that you have the legal authority to agree to the Terms of Use. If you do not agree to the Terms of Use, you are not authorized to use the Site.
2. CONTACT INFORMATION
You may contact IPS as follows:
Ms. Kristen Webb
E-mail: kwebb@ilpsych.org
Telephone: 312-224-2600
Mail: Illinois Psychiatric Society
230 E. Ohio Street
Suite 400
Chicago, Illinois 60611
3. ACCESS TO THE SITE
Your access to this site is only authorized if you agree to the Terms of Use. As a member or non-member, you have voluntarily chosen to use the IPS website. Certain portions of this Site require login and password information provided only to members of the IPS. The login and password are provided for the use of the Member only and are not transferable. If you have obtained a login and password that belong to another person, you are not authorized to use that login account and we request that you notify IPS of the improperly disclosed login account information. Misuse of a login account, including, without limitation, unauthorized sharing of the login and password, may result, at IPS’s sole discretion, in cancellation of the Member’s account and other remedies, and IPS shall have no liability to the Member. You agree to immediately notify IPS in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Site. IPS is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
4. DISCLAIMER OF ALL WARRANTIES
YOUR USE OF THIS SITE IS VOLUNTARY AND THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
IPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND/OR SERVICES OFFERED ON THE SITE) WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IPS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY MEMBER OR OTHER USER. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IPS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE.
5. HOLD HARMLESS AND LIMITATION OF LIABILITY
YOU AGREE TO HOLD IPS HARMLESS FROM ANY CLAIM, SUIT, OR DEMAND OF ANY TYPE ARISING IN ANY WAY FROM THE USE OF THE IPS WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IPS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH, LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THE SITE.
6. DISCLAIMER OF CONTENT
You agree that all content or services provided by third party users, contributors, or members in connection with this Site is the responsibility of the person or entity providing such content. You understand and acknowledge that IPS assumes no responsibility to screen or review content provided as part of the Site. IPS shall have the right, but not the obligation, in its sole discretion to refuse, monitor, or remove any content that is available on the Site. The opinions expressed on this site may not reflect the opinions of individual Members. IPS expressly disclaims all responsibility or liability to users, members and any other person or entity for the performance or nonperformance of the content review. THE CONTENT FOUND ON THE SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL CONTENT BEFORE RELYING ON IT. NEITHER ACCESS TO THIS WEB SITE NOR COMMUNICATION VIA THIS WEB SITE CREATES A DOCTOR-PATIENT OR OTHER RELATIONSHIP WITH IPS. USERS AND MEMBERS ARE ADVISED TO SEEK PROFESSIONAL ADVICE DIRECTLY FROM A QUALIFIED HEALTH SERVICES PROFESSIONAL FOR THEIR SPECIFIC SITUATION.
7. PHOTOGRAPHS AND IMAGES
You understand that the Site may provide the capability to upload, post, or transmit images (such as your photograph or other graphics) to third party users through the Site (collectively, "Images"). You authorize IPS the right to copyright, license, publish, broadcast, display, reproduce, and distribute in any manner the Images. You understand that the Images may be altered, adapted, or modified in connection with such use, and that your Images may be used alone or in combination with a fictitious name. You hereby release, discharge, and agree to hold harmless IPS and any users, from and against any and all claims and demands, including but not limited to, any claims for copyright infringement, defamation, invasion of privacy, or right of publicity, arising out of or in connection with any use of the Images.
8. PROHIBITED BEHAVIOR
You are responsible for all content that you upload, post, email, or otherwise transmit using the Site. Likewise, you are responsible for respecting IPS’s and third parties’ rights with respect to content that appears on the Site and not to download, email, or otherwise transmit such content in violation of IPS’s and third parties’ rights. You agree to use the Site solely to accommodate your own personal needs. You may not use or exploit any portion of the Site to provide any commercial services to third parties or offer any portion of the Site to any third party. You shall not use the Site or Services to:
a. Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right, privacy right, or publicity right of any person or entity. By uploading, posting, emailing, or otherwise transmitting any content, you represent and warrant that you have all rights to take such action with respect to the content;
b. Upload, post, email, or otherwise transmit any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise offensive;
c. Misrepresent your identity or impersonate another person or entity, including without limitation, a representative of IPS or its officers, directors, employees, or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any content transmitted to or through the Site;
d. Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any “Spam”, “Junk Mail”, chain letters, or any other potentially objectionable form of unsolicited communication;
e. Collect or store personal data with respect to third parties except as contemplated by the Terms of Use and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties;
f. Directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may materially adversely affect IPS or any third party;
g. Upload, post, email, or otherwise transmit any material that contains software viruses or any other code, files, or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities; or,
h. Upload, post, email, or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, any phone numbers or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords, or other similar information.
9. COMPLIANCE WITH LAWS
You may not use the Site for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government. You may not post any information which would violate any copyright or other law, contractual or other rights, or the confidentiality of any doctor-client relationship.
10. INTELLECTUAL PROPERTY
The Content on the Site is owned by IPS and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content of the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of IPS or the appropriate third party, except that, subject to your compliance with the Terms of Use, IPS authorizes you to view or download a single copy of the Content, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification or use of Content for any other purpose is a violation of the rights of IPS or third parties.
“IPS" and “Illinois Psychiatric Society” are “ilpsych.org” are owned by IPS. You agree not to use or display “IPS", “Illinois Psychiatric Society” and “ilpsych.org” without the prior written consent of IPS.
Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c) (2), IPS’s designated agent for notice of alleged copyright infringement in connection with the Site is:
Ms. Kristen Webb
E-mail: kwebb@ilpsych.org
Telephone: 312-224-2600
Mail: Illinois Psychiatric Society
230 E. Ohio Street
Suite 400
Chicago, Illinois 60611
To file a notice of infringement with IPS, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov.
11. LINKS – NO REPRESENTATION OR WARRANTIES
The Site may include links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by IPS with respect to the provider of such linked site or the linked site. IPS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK AND YOU AGREE TO HOLD IPS HARMLESS FROM ANY AND ALL CLAIMS, SUIT OR DEMAND OF ANY TYPE RELATED IN ANY WAY TO YOUR USE OF LINKED WEBSITES.
12. INDEMNITY
You agree to defend, indemnify, and hold harmless IPS, its officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions, demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, any claim arising out of your violation of these Terms of Use.
13. JURISDICTION AND VENUE
You agree that this web site and the relationship between the users, Members, and IPS will be governed by the laws of the State of Illinois, without respect to its conflict of laws provisions. Subject to the Arbitration Provision below, venue with respect to any dispute between the Users, Members, and IPS will rest exclusively in Chicago, Cook County, Illinois.
14. ARBITRATION PROVISION
You agree that any claim whatsoever arising out of the use of this website shall be arbitrated. The Arbitration shall take place in Chicago, Illinois and be governed by the Rules of the American Arbitration Association commercial rules. Any claim or cause of action arising out of or related to the Site or the Terms of Use must be filed with the American Arbitration Association within one year after such claim or cause of action arises or it is time-barred in the American Arbitration Association, other alternative dispute resolution venue, governmental agency, or court of law.
15. CHANGES
You agree that IPS may change the Terms of Use from time-to-time. If such a change is made, IPS will post the revised Terms of Use. IPS reserves the right to add to or change the Site or cease offering the Site (or any content or services on the Site) at any time and without liability. IPS reserves the right to refuse to offer access to the Site to anyone at anytime without notice.
16. MISCELLANEOUS
You agree that the Terms of Use applicable to the site and the provided services constitute the entire agreement between you and IPS relating to the Site. There is no agency, partnership, joint venture, employee-employer, or Doctor-Patient relationship between any user and IPS or any of its members arising solely through the use of the Site. The Terms of Use are binding upon your successors, assigns, heirs, and executors. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The intent of IPS is to fully comply with any federal, state or local law or ordinance regulating its content and the Terms of Use. The failure of IPS to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or condition. The section titles of the Terms of Use are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
17. YOUR USE OF THE SITE INDICATES THAT YOU UNDERSTAND AND AGREE TO THE TERMS OF USE APPLICABLE TO THIS SITE AND TO THE USE OF THE “FIND A PSYCHIATRIST SERVICE.” IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SITE, AND DO NOT USE THIS SITE.