(last modified on May 24, 2018)
Reference to “COPE”, “we” or “our” means Centers of Psychiatric Excellence, a Delaware limited liability company and its licensors, suppliers, affiliates, agents, directors, officers, employees, representatives, successors, and assigns.
OUR SERVICE SHOULD NOT BE USED FOR EMERGENCY MEDICAL NEEDS. IF THIS IS A MEDICAL EMERGENCY CALL 911.
Please remember that all of the information available through the Service is intended for adults who are licensed healthcare professionals. While we hope you find the Service helpful, you should remember that it is not meant to serve as a substitute for your own clinical judgment as a healthcare professional. COPE is not a medical provider and does not provide medical advice. If you are a consumer who chooses to use the professional-level information available through the Service, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. Do not ignore or delay obtaining professional medical advice because of information accessed through the Service. We follow standard sets of editorial procedures for information that we make available through the Service. It’s your job to evaluate the information and results from the Service. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information made available or otherwise obtained through the Service with other sources before undertaking any treatment based on it. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional.
At times, information contained on this website may require updating to reflect new advances or technologies in the market place. It should be noted that this website is intended to be a general guide and cannot be substituted for professional advice.
It is your sole responsibility to comply with applicable laws, including without limitation, all data privacy and security laws, such as the Health Insurance Portability and Accountability Act, 42 U.S.C. §1320d (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act of 2009, 42 U.S.C. §17901 (“HITECH”), and the federal privacy and security regulations issued pursuant to HIPAA and HITECH and codified at Title 45 Parts 160 and 164 of the Code of Federal Regulations, as may be amended from time to time, as well as institutional and professional guidelines with respect to patient confidentiality. You are, at all times, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view patient information. COPE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR THE USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED BY THE PARTICIPANT WHILE USING THE SERVICE. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE SITE) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE. WHILE COPE TAKES COMMERCIALLY REASONABLE SECURITY PRECAUTIONS, COPE SPECIFICALLY DISCLAIMS RESPONSIBILITY FOR THE SECURITY OF DATA OR INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED BY THE PARTICIPANT.
User Account and Privacy
It is your responsibility to provide us with accurate, complete, and up-to-date information for your account. You agree to update such information as needed. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur on your account or any other breach of security. You may not permit anyone else to use your username and password, and you may not use anyone else’s username and password. You may not attempt to gain unauthorized access to any other user’s username and password.
You agree to immediately notify us in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your username and password or of any other breach of security that might affect the Service. We are not responsible for any loss or damage arising from someone else using your username and password or your failure to comply with this section.
The trademarks, logos, service marks, and trade names (collectively, the “Trademarks”) displayed or used on the Service or on material available through the Services are our registered and unregistered Trademarks and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on or in our Services, if any, are the property of their respective owners. Nothing contained in our Services should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on or in the Services without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on or otherwise in the Services is strictly prohibited.
Subject to your compliance with these Terms, we grant you a revocable, conditional, and limited licenses to access and use the Service solely for your own personal and non-commercial use (or if you are a User, otherwise in connection with the applicable Provider’s authorized use of the Services) in accordance with the applicable laws. If the Service permit you to download or print any Content, such Content may be used only by you and only in connection with this purpose. You may not copy or distribute any such Content. This license is personal to you and is not transferable or assignable to others, and may be revoked and terminated by us at any time and for any reasons (including, without limitation, if you violated these Terms or any applicable law). We reserve all rights not expressly granted herein. Any unauthorized use, reproduction, or distribution of the Service is strictly prohibited and may result in civil and/or criminal penalties.
Information that You Provide to the Service
When you upload materials or information to the COPE website, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information in connection with the Service. For example, if you post a comment to a COPE discussion board, you grant COPE the right to display that comment through the Service for as long as we want. We will consider requests to remove information that you make available through the Service on an individual basis (contact us at the email address we provide at the end of this document). We reserve the right to remove any content including but not limited to any content that we deem offensive or fraudulent at any time without your consent.
COPE may make some software and accompanying documentation available for downloading through the Service. These materials are the copyrighted work of COPE or companies that have licensed the software to COPE. We do not transfer any ownership rights in software or related documentation to you when you download it through the Service; rather, you are allowed to use the software and documentation under the terms of the license agreement which will accompany any software and documentation that we may distribute. You must read this license agreement and indicate your agreement to those terms prior to downloading. You are not authorized to attempt to recreate or reverse engineer our software. In addition, some software available through the Service is subject to United States export controls. By downloading or using such software, you are representing to us that your download of such software complies with these controls.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service, including without limitation any information residing on any server or database connected to the Service; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; or (iii) use the Service in any manner with the intent to interrupt, damage, disable, overburden, or impair the Service, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service, or any Content, or make any unauthorized use thereof. You agree that you shall not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.
Member Conduct when Using Community and Communication Services
If you use a community and communication feature of the Service, such as a bulletin board, blog or discussion service (a “Community and Communication Service”), you are responsible for all communications, information, data, text, music, sound, graphics, messages and other material (“User Materials”) that you upload, post, transmit, email or otherwise distribute through a Community and Communication Service. You should disclose any bias or conflict of interest to allow licensed healthcare professionals utilizing the information to be allowed to make fully informed medical decisions, including as to any proposed “off-label” use of medication. COPE and its licensors are not responsible for the consequences of the User Materials posted by you or any other party through a Community and Communication Service and as such, does not guarantee the accuracy, integrity or quality of such User Materials. You understand that by using a Community and Communication Service, you may be exposed to User Materials that is offensive or objectionable. In no event will COPE be liable in any way for any User Materials or for any loss or damage of any kind incurred as a result of the use of any User Materials uploaded, posted, transmitted, emailed or otherwise made available through a Community and Communication Service. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
When you use a Community and Communication Service, you agree not to:
- Violate local, state, national, or international laws;
- Post, upload, email, transmit or otherwise distribute any User Materials that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Post, upload, email, transmit or otherwise distribute any User Materials that iares unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as we may determine in our sole discretion;
- Harm minors in any way;
- Post advertisements or solicitations of business;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Materials transmitted through a Community and Communication Service;
- Post, upload, email, transmit or otherwise distribute chain letters, pyramid schemes, unsolicited or unauthorized advertising or spam;
- Impersonate another person or business entity or stalk or otherwise harass another person;
- Post, upload, email, transmit or otherwise distribute viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware;
- Harvest or otherwise collect information about others, including email addresses, without their identification for posting or viewing comments;
- Allow any other person or entity to use your identification for posting or viewing comments;
- Interfere with or disrupt a Community and Communication Service or computers, networks or other hardware connected to a Community and Communication Service, or disregard any requirements or policies of networks connected to a Community and Communication Service;
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying a Community and Communication Service, or which, in our sole judgment, exposes COPE or any of our customers or suppliers to any liability or detriment of any type;
- Fail to respect other users’ privacy. This includes revealing another user’s password, phone number, address, instant messenger I.D. or address or any other personally identifiable information;
- Create member names, or post solicit or send messages, text or photographs that are sexually explicit, that denigrate, threaten, abuse or harm others in any way; or
- Upload, post, email or otherwise send any User Materials that you are not authorized to send under any law or contractual relationship. This includes proprietary and confidential information learned as part of employment relationships, clinician-patient relationships or under nondisclosure agreements, and any other inside information.
We may (but are not obligated) do any or all of the following without notice:
- Investigate an allegation that a communication does not conform to the terms of this section and determine in our sole discretion to remove or request the removal of the User Materials;
- Edit User Materials.
You agree and acknowledge that the processing and transmission of a Community and Communication Service, including your User Materials, may involve transmissions over various networks and devices and necessary modifications as required for such transmissions.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SITES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE SERVICE, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, USABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SERVICE. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE IN ANY CONTENT PROVIDED BY USERS.
Limitation of Liability
IN NO EVENT SHALL WE, ANY OF OUR DIRECTORS, ADVISORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SERVICE, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICE.
U.S. Government End Users
If you are affiliated with the U.S. government, then you should know that the software and documentation available on our Web Sites are “commercial items,” as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 27.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.
Third Party Websites or Services
You may be able to link from the Service to third party websites and/or services and third party websites and/or services may link to the Service (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, code, or other materials presented on or through such websites and/or services. The inclusion of any link to such sites on our Service does not imply our endorsement or recommendation of that site and we not represent or warrant that the contents of any third party website and/or service is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any reliance on the contents of a third party website is done at your own risk.
We appreciate our Users’ interest in improving and expanding the Service. If you choose to send us content, information, ideas, suggestions or other materials relating to the Service or our activities (“Feedback”), you hereby assign such Feedback to us, and you agree that we are free to use any Feedback, for any purposes whatsoever, including, without limitation, developing products and services, without any liability or payment of any kind to you.
Dealing with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Laws that Govern this Agreement and Exclusive Jurisdiction
COPE has made the Service available through our website from our offices within the state of Delaware in the United States of America and you and COPE agree that the statutes and laws of the state of Delaware, without regard to choice of laws principles, will apply to all matters relating to use of the Service. We do not represent that materials on the Service are appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
All information gathered from you, or that you provide to COPE, will be stored and processed in the United States. If you access the Service from a location other than the United States, your use of the Service constitutes consent to the transfer of your information to the United States. Please note that U.S. law may not offer the same privacy protections as the law of your jurisdiction.
Termination and Modification
Notice and Take Down Procedures and Copyright Agent
If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access thereto) from the Service by contacting the copyright agent (identified below) and providing the following in a written notice (“DMCA Notice”) as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”):
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Our designated Copyright Agent to receive DMCA Notices is:
Prakash Masand, MD
26 East 63rd Street, Suite 11F, NY, NY 10065
The GDPR takes effect on May 25, 2018, and is intended to protect the data of European Union citizens.
As a company that markets its site content, products and/or services online we do not specifically target our marketing to the EU or conduct business in or to the EU in any meaningful way. If the data that you provide to us in the course of your use of our site or services or products is governed by GDPR, we will abide by the relevant portions of the regulation. If you are a resident of the European Economic Area (EEA), or are accessing this site from within the EEA, you may have the right to request: access to, correction of, deletion of; portability of; and restriction or objection to processing, of your personal data, from us. This includes the “right to be forgotten.”
To make any of these requests, please contact our GDPR contact at [email protected]