By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. This Agreement will become effective upon your first visit to the Site and will remain in effect for the duration of your use of the Site.
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR THE SITE SERVICES. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT ENTITY.
2. Description of Services
Practicegrowth is a marketplace that connects healthcare industry Experts, Consultants, and Freelancers with doctors and their staff to support and help grow their medical practice. The Services include a combination of content that we create and that other third party content suppliers create. In addition, some Services provide you and other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us or others on or through that Service (collectively, the "Postings"). We adhere to high journalistic standards, and use every reasonable effort to provide informative and relevant content as part of the Services. However, in using the Services, you may be exposed to content that you find offensive, indecent, objectionable or that is inaccurate and you bear all risks associated with using that content. You understand that the Services are provided by Practicegrowth are "AS IS”, and that Practice Growth does not guarantee the accuracy, integrity or quality of any content available on or through the Services.
You acknowledge that you may not rely on any of this content, whether created by or submitted to Practice Growth, including, but not limited to, product and equipment reviews, white papers, product descriptions, stock quotes, or Postings on any bulletin board, chat, news group, community, forum or other feedback section of the Services. You understand that from time to time, you may communicate with, receive communications from, or otherwise participate in or use the services or obtain goods and services of or from, third parties (e.g., advertisers) as a result of your use of the Services. All such communication, interaction and participation is strictly and solely between you and such third party and Practice Growth shall not be responsible or liable to you in any way in connection with these activities or transactions (including, but not limited to, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party, or any goods or services you may purchase or obtain from any third party). In particular, the appearance or availability of links to third party sites on or through the Services does not constitute an endorsement by Practice Growth with respect to the content, advertising, products, or other materials available on or from such sites. You further understand and agree that the Services may include certain communications from Practice Growth (such as administrative messages or emails of a technical or security or site use nature), and that these communications are considered part of the Service and you may not be able to opt out of receiving them. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Site or by contacting Customer Support.
The materials on the Practice Growth web site are provided “as is”. Practice Growth makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Practice Growth does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Web Site. Practice Growth is not a party to the dealings between website user or members and “practice growth experts”, consultants, or freelancers, including posts, proposal, and performance of Freelancer Services and payment for a Job.
Practice Growth does not introduce Freelancers to Website users or help Freelancers find Jobs. Practice Growth merely makes the Site Services available to enable Practice Growth Experts and Freelancers to identify and determine the suitability of clients for themselves and to enable clients to identify and determine the suitability of Freelancers for themselves. Practice Growth may sort Practice Growth expert profile and postings to enable Clients to more easily navigate and choose which expert and freelancers to contact. Practice Growth does not direct, has no control over, makes no representations, and does not guarantee the quality, safety or legality of Expert and Freelancer services, the truth or accuracy of postings and profiles, qualifications, background, or identities of Members, the ability of Freelancers to deliver Freelancer Services, the ability of Website users to pay for Expert and Freelancer Services, or that a Website user or Expert and Freelancer can or will actually complete a transaction. Practicegrowth is not required to and may not verify any information given to us by experts and freelancers or website user, nor does Practice Growth perform full background checks on Freelancers or Clients.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT PRACTICE GROWTH MAY PROVIDE INFORMATION ABOUT AN EXPERT AND FREELANCER OR CLIENT, SUCH AS A STRENGTH, RISK SCORE, GEOGRAPHICAL LOCATION, OR VERIFICATION OF IDENTITY OR CREDENTIALS. WE DO NOT DO EMPLOYMENT SCREENING< CREDIT CHECKS< LIEN CHECKS< OR CRIMINAL BACKGROUND CHECKS. WE PROVIDED SUCH INFORMATION IS BASED SOLELY ON DATA THAT WAS AVAILABLE TO US AT THE TIME OR BASED ON INFORMATION THE FREELANCER OR CLIENT SUBMITS TO PRACTICEGROWTH, AND WE PROVIDE SUCH INFORMATION SOLELY FOR THE CONVENIENCE OF MEMBERS AND IS NOT AN INTRODUCTION, ENDORSEMENT OR RECOMMENDATION BY PRACTICE GROWTH.
ANY VERIFICATION WE PROVIDE IS INTENDED TO FILTER AND ENHANCE THE DIRECTORY QUALITY, AND IT SHOULD NOT REPLACE THE MEMBER’S SCREENING DUE DILIGENCE OR REASONABLE HIRING PRACTICES.
Website users and any Practice growth expert, consultant, or freelancer acknowledge and agree that when they accept a Job or award a job that the website user and and Freelancer will be deemed to have entered into their own "Service Contract" and you acknowledge and agree that the formation of a Service Contract between Website User or Member and Freelancer does not, under any circumstance, create an employment relationship between Practice Growth and the Expert or Freelancer.
4. Third Party Content, Verification, and Monitoring
The Site contains a directory of Experts, Consultant, and Freelancers. The directory is populated with information from Freelancers themselves, and from other Members. Practice Growth provides this directory as a convenience and doesn't confirm or verify the information contained in it. The Site makes available a Verify ID check which just makes sure the freelancers are who they say they are. We use third party blockscore.com. Any information or content expressed or made available by these third parties or any other Members is that of the respective author(s) or distributor(s) and not of Practice Growth. Practice Growth neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Site by anyone other than authorized Practice Growth employees acting in their official capacities.
In no event shall Practice Growth or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Practice Growth’s Web site, even if Practice Growth or a Practice Growth authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Revisions and ErrataThe materials appearing on Practice Growth’s web site could include technical, typographical, or photographic errors. Practice Growth does not warrant that any of the materials on its web site are accurate, complete, or current. Practicegrowth may make changes to the materials contained on its web site at any time without notice.
Practice Growth has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Practice Growth of the site. Use of any such linked web site is at the user’s own risk.
9. Site License and Proprietary Rights
Subject to and conditioned on compliance with this Agreement, Practice Growth grants you a limited license to access and, if you have created an Account, to use the Site for the purpose using the Site Services. You must not access (or attempt to access) the Site or Site Services by any means other than the interface provided, and you will not use information from the Site or Site Services for any purposes other than the purposes for which it was made available. You agree not to use the Site or Site Services for offering any goods or services other than Services as permitted by this Terms of Service. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the Site or Site Services in any way for any public or commercial purpose without Practice Growth’s prior written consent. You must not use any content of the Site or Site Services on any other website or in a networked computer environment for any purpose except your own viewing. You must not frame or link to the Site or Site Services except as permitted in writing by Practice Growth. You must not attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law. You shall not access Site Services in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Site Services. Practice Growth retains all right, title, and interest in and to all Proprietary Rights related in and to the Site and the Site Services. Practice Growth logos and name are trademarks of Practicegrowth and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners. Except as expressly stated in this Agreement, nothing in this Agreement confers any license under any of Practice Growth’s or any third party's Proprietary Rights, whether by estoppel, implication, or otherwise.
10. Unauthorized Access and Use; Site Interference; Malicious Software
The Site contains robot exclusion headers You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. You will not access the audiovisual content available on the Site for any purpose or in any manner other than streaming. You agree that you will not: (a) take any action that imposes or we believe may impose (in our sole discretion) an unreasonable or disproportionately large load on the Site's infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of Practice Growth and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (g) collect or harvest any personally identifiable information, including Account names, from the Site; (h) access any content on the Site through any technology or means other than those provided or authorized by the Site; or (i) directly or indirectly, advertise or promote another website, product, or service or to solicit other Users for other websites, products, or services.
Additionally, you agree that you will not post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site or the Site software that is designed to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any other software, firmware, hardware, computer system, or network of Practice Growth or any third party.
Practice Growth has the right, but not the obligation, to suspend or terminate your access to the Site and Site Services if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or violated our rights or those of another party. Without limiting Practice Growth’s other remedies, we may suspend or terminate your Account, and refuse to provide any further access to the Site or the Services to you if (a) you breach any terms and conditions of this Agreement or other Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, other Users, or Practice Growth. Once we suspend or terminate your Account, you may not access any parts of the Site, including data, messages, files, and other material saved on the Site and you may not continue to use the Site under a different Account or reregister under a new Account. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Practice Growth will have no liability whatsoever.
In addition to the recognition that Practice Growth is not a party to any contract between Website User, member, and Expert, and Freelancer, you hereby release Practice Growth, our Affiliates, and our respective officers, directors, employees, attorneys, agents, subsidiaries, joint ventures, and our and their respective successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another Member, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Freelancer Services provided to Client by a Freelancer and requests for refunds based upon Disputes.
You agree to defend, hold harmless and indemnify Practice, our Affiliates, and our respective officers, directors, employees, attorneys, agents, joint ventures, and our and their respective successors and assigns (each such party an “Indemnified Party”) from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees and costs) incurred by an Indemnified Party arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third-party against an Indemnified Party in connection with your use of the Site Services, including : (a) any payment obligations incurred through use of the Site Services; (b) any allegation of any infringement, misappropriation, or other violation of any Intellectual Property Rights by you or your agents, including by any Work Product provided by you or your agents; (c) your: (i) use of the Site; (ii) decision to supply credit or other information via the Site, including financial information; (iii) decision to submit postings and accept offers from Practice Growth experts; (iv) breach of any provision of this Agreement; (v) dispute of or failure to pay any invoice or make any other payment; (vi) obligations to a Freelancer, including payment obligations; (d) any breach of contract or other claims made by Members with which you conducted business through the Site; (e) any liability arising from the tax treatment of payments or any portion thereof; (f) anything which the Indemnified Party may do or refrain from doing in connection with this User Agreement and the Terms of Service. The foregoing indemnity will include, without limitation, such cause of action, claim, suit, proceeding, demand or action arising out of the negligence of any Indemnified Party; provided that the foregoing indemnification shall not extend to the gross negligence or willful misconduct of an Indemnified Part.
If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
15. Governing Law
Any claim relating to the Practice Growth web site shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions.
16. Force Majeure
The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party will be extended by the period of such delay. Irrespective of any extension of time, if an Event of Force Majeure occurs and its effect continues for a period of 60 days, either the party may give to the other a 30-day notice of termination. If, at the end of the 30 day period, the effect of the Force Majeure continues, the Contract shall terminate.
17. Entire Agreement
This Agreement, together with the other Terms of Service and any other legal notices and agreements published by Practice Growth on the Site, sets forth the entire agreement and understanding between you and Practice Growth relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in this Agreement are included for ease of reference only and have no binding effect. Even though Practice Growth drafted this Agreement, you represent that you had ample time to review and decide whether to agree to the terms of this Agreement. If an ambiguity or question of intent or interpretation of this Agreement arises, no presumption or burden of proof shall arise favoring or disfavoring you or Practice Growth because of the authorship of any provision of this Agreement.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. To verify your identity, we may require optional or additional information including your business EIN or Tax ID, social security number, and date of birth. We may also ask for additional information to help verify your identity and assess your application, a driver’s license or other government issued identification, or a business license. After we have collected and verified all your information, Practice Growth will review your account and determine if you are eligible to use the Service. We will notify you once your account has been either approved or deemed ineligible for use of the Service.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
19. Contacting Us
If you have questions or need assistance, please contact us Customer Support at practicegrowth.com/contact-us