DOP Membership Terms of Service

ACCEPTANCE OF TERMS

THIS AGREEMENT GOVERNS YOUR USE OF PROHIGHWAY HEALTHCARE'S DOCTOR'S ONLY PAGE WEBSITE AND INFORMATION

ProHighway Healthcare Sdn Bhd. ("ProHighway Healthcare") offers free online medical information and services to doctors through the Doctor's Only Page ("DOP"). Users must agree to the terms and conditions of this Website Terms of Use and End User License Agreement (collectively, the "Agreement"), as well as all other policies and guidelines incorporated by reference in this Agreement. The Agreement is a binding agreement between you and ProHighway Healthcare. BY USING THE WEBSITE, REGISTERING FOR, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE PROHIGHWAY HEALTHCARE'S DOP SERVICE.

CHANGES TO THIS AGREEMENT

ProHighway Healthcare may change any of the terms and conditions contained in this Agreement and other policies and guidelines governing the service, at any time in its sole discretion. NOTICE OF MATERIAL CHANGES TO THIS AGREEMENT WILL BE POSTED ON PROHIGHWAY HEALTHCARE'S WEBSITE OR ON THE SERVICE. YOU ARE RESPONSIBLE FOR REVIEWING THE NOTICE AND ANY APPLICABLE CHANGES. YOU AGREE THAT YOUR CONTINUED USE OF THE SERVICE FOLLOWING ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICE AFTER THE EFFECTIVE DATE OF SUCH CHANGE.

PRIVACY POLICY

ProHighway Healthcare is committed to protecting your privacy. This Privacy Policy, which is a binding part of ProHighway Healthcare's DOP Website Terms of Use ("Agreement") explains the type of information ProHighway Healthcare collects through its website and what ProHighway Healthcare does with it. This policy may change from time to time so you should check it frequently.

How is your information protected? ProHighway Healthcare uses commercially reasonable computer security safeguards to protect its databases and servers against risks of loss, unauthorized access, destruction, misuse, modification, or inadvertent or improper disclosure of data. These risks, however, cannot be completely eliminated and ProHighway Healthcare therefore cannot guarantee complete security. ProHighway Healthcare also segregates certain personally identifiable information provided by you. Any e-mail address you chose to provide is stored in a database. Your usage path is stored on a separate database and server that can be accessed only by a limited number of ProHighway Healthcare employees. Also, any demographic information you chose to provide is stored in a database separate from e-mail addresses and web usage path information. ProHighway Healthcare prohibits its employees from using any of this information to determine your identity. No Confidentiality for Customer Feedback Feedback and other comments and statements that you chose to submit to ProHighway Healthcare by any means – whether by e-mail to ProHighway Healthcare Customer Service, telephone, letter, or any other means – shall be considered nonconfidential. ProHighway Healthcare is free to use such information on an unrestricted basis. How to Change Your Information You can inform us of a change in the e-mail address or demographic information you provide us by contacting us. DOP also enables registered members to access, review, or change demographic information through the use of an online form. However, deletion is not permitted. If you do not want to receive ProHighway Healthcare newsletters, offers, and product and service information, simply contact us and be sure to include the e-mail address where such information is being sent, and state that you no longer want to receive ProHighway Healthcare information and updates.

USER AND OTHER THIRD PARTY CONTENT

"Topics" are postings authored by you or another member of the DOP service through the "Discussion Board" or "Classifieds" on DOP Exclusives. You are responsible for anything you post in any Review. All Topics must be accurate and truthful. You may not post in any Topic material that you know or reasonably should know to be false or materially misleading, or that is libelous, defamatory, obscene, vulgar, abusive, harassing, threatening, or otherwise objectionable, or that is solely commercial in nature, or that invades a person's privacy, infringes another person's intellectual property rights, or otherwise violates any law or regulation. ProHighway Healthcare is not responsible for, and does not represent or endorse the accuracy or reliability of, any opinion, advice, statement, recommendation or other information included in any Topic posted on the service. Any reliance by you on any such opinion, advice, statement, recommendation or other information in a Topic shall be at your sole risk. Without limiting the foregoing, ProHighway Healthcare retains the right but not obligation in its absolute and sole discretion to screen, edit, or delete any Topic or other content displayed, uploaded to, distributed, or otherwise published through the service and to prevent or restrict access to the service for any reason, including to purge Topics, or take any other action to restrict access to or availability of material.

ANTI-SPAM POLICY AND ACCEPTABLE USE

While we encourage you to refer friends, family, colleagues in the medical profession to use the service, you may do so only through methods that are consistent with the terms and conditions of your own Internet Service Provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the service, name, trademarks, or other intellectual property of ProHighway Healthcare in conjunction with the sending of unsolicited email, or cause to be used ProHighway Healthcare's equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited email messages.

OTHER WEBSITES TO WHICH PROHIGHWAY HEALTHCARE'S SERVICE LINK OR REFER

The Web changes constantly, and no technique can ever index all pages accessible on the Web. As a result, ProHighway Healthcare cannot guarantee the completeness or accuracy of the websites or URLs to which ProHighway Healthcare's service link or refer. Further, these websites are maintained by persons over whom ProHighway Healthcare exercises no control. For this reasons, ProHighway Healthcare assumes no responsibility for the content of any website or URL included in the service and is not responsible for errors or omissions or for offensive or objectionable content contained on any website or URL included in the service.

ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES

The service may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations. ProHighway Healthcare has the right, but not the obligation, to monitor any Topic, activity, and content associated with the service. ProHighway Healthcare may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your DOP membership without notice. ProHighway Healthcare may report any activity it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect ProHighway Healthcare's systems and users, to ensure the integrity and operation of ProHighway Healthcare's business and systems, or in response to subpoenas, court orders, or legal requirements, ProHighway Healthcare may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, posted content, and Web usage paths. By using the Service you expressly consent to the foregoing use and disclosure.

TRADEMARKS

ProHighway Healthcare, DOP and other ProHighway Healthcare graphics, logos, page headers, button icons, scripts, and service names are trademarks of ProHighway Healthcare, their affiliates, in Malaysia and other countries. Neither ProHighway Healthcare's, nor their affiliates' trademarks may be used in connection with any product or service that is not ProHighway Healthcare's, or their affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits ProHighway Healthcare, or their affiliates.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ProHighway Healthcare and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of the service by you, or by any other person using the service through you or using your computer.

DISCLAIMER OF WARRANTY

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, PROHIGHWAY HEALTHCARE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER PROHIGHWAY HEALTHCARE NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT: (i) THAT THE SERVICE, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS", "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICE OR THE SITE; (v) THE AVAILABILITY FOR SALE, OR THE RELIABILITY OR QUALITY OF ANY PRODUCTS DISCUSSED, REVIEWED BY USERS OR REFERENCED USING THE SERVICE; (vi) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vii) THAT THE SERVICE IS NONINFRINGING. PROHIGHWAY HEALTHCARE AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE PROHIGHWAY HEALTHCARE AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE OR THE SOFTWARE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF PROHIGHWAY HEALTHCARE OR ITS AFFILIATES. IF YOU PURCHASE A PRODUCT OR SERVICE REVIEWED BY ANOTHER USER OF THE SERVICE OR OTHERWISE AS A RESULT OF USING THE SERVICE OR ANY REVIEW, AND A DISPUTE ARISES BETWEEN YOU AND THE SELLER, YOU RELEASE PROHIGHWAY HEALTHCARE AND ITS AFFILIATES, AND ANY OF ITS OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES, FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU ACKNOWLEDGE AND AGREE THAT ANY SOFTWARE OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH SOFTWARE AND/OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PROHIGHWAY HEALTHCARE OR ANY OF THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SERVICE, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.