THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Please note - We are currently in the beta-testing phase. Because the Platform is pre-release software and may contain bugs, defects, and limitations, it is provided strictly “AS IS,” without warranty of any kind. Kheloussi Consulting, LLC DBA StreamlineCE shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from use of the Platform or participation in the beta test, including data loss, downtime, errors, or loss of business or revenue. No guarantees of data security can be provided during beta-testing. Data stored or entered during the beta may not be available after the beta ends. No data retention or post-beta migration is guaranteed. Not all features discussed in the terms shown below apply during beta testing.
1. ACCEPTANCE OF THE TERMS OF SERVICE
These terms of service are entered into by and between StreamlineCE (or "
we," "
us," or "
our") and you, if you create, write, prepare, present, review, or otherwise contribute to the development of continuing education content ("
Contributors" or "
you" or "
your"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "
Terms of Service" or "
Terms") govern your access to and use of StreamlineCE's Collaboration Platform (available at
http://streamlinece.com), including any content, functionality, or services offered on or through it (collectively, the "
Platform"), whether as a guest or a registered user.
Please read these Terms carefully before you start to use the Platform. By using our Platform or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference.
If you do not agree to these Terms, you may not access or use our Platform.
These Terms apply only to Contributors and how they access and use the Platform, which is owned and/or operated by or on behalf of Kheloussi Consulting, LLC DBA StreamlineCE. Contributors must be at least 18 years of age to register and use the Platform. You may not use our Platform if you are a competitor providing services similar to our Platform.
If you are accessing the Platform on behalf of another person or entity, you represent and warrant that you have the right, power, and authority to enter into these Terms on behalf of such person or entity, and you agree and that in the event you or the person or entity violates these Terms, that person or entity agrees to be responsible to us. By using the Platform, you further represent and warrant that you are of legal age to form a binding contract with StreamlineCE and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Platform.
2. CHANGES TO THESE TERMS
We may make changes to these Terms from time to time at our sole discretion. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Platform or updating the date at the top of these Terms. Unless we communicate otherwise in our notice, the amended Terms will be effective immediately and your continued use of the Platform after we provide such notice will confirm your acceptance of the amended Terms. If you do not agree to the amended Terms, you must stop using the Platform and close your account.
Please note that any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Platform.
You are expected to check this page each time you access the Platform so you are aware of any changes, as they are binding on you.
3. RELATIONSHIP BETWEEN PROVIDERS AND CONTRIBUTORS
StreamlineCE provides the Platform to both providers of continuing education, to whom StreamlineCE provides access for a fee ("Providers") and allows for collaboration with and facilitates relationships with Contributors. These Terms apply only to Contributors. The use of the Platform by Providers will be governed by the StreamlineCE Terms of Service for Providers.
For each learning activity that is coordinated by a Provider (an "Activity"), Providers will enter into a separate agreement with each applicable Contributor who participates in or otherwise contributes to that Activity ("Subsequent Agreement"). Subsequent Agreements between Providers and Contributors are entirely at each party's own cost and risk for which these Terms do not apply.
4. PRIVACY PRACTICES
All information we collect on or through the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
5. USER ACCOUNTS, ELIGIBILITY, AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Platform, and any content, service, or feature we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You must register for an account to access some or all content, features, and/or services offered through or otherwise made available on the Platform. You agree to provide accurate and complete account information and promptly update this information if it changes.
You agree that if your account is not updated regularly and in a timely manner when updates are required, StreamlineCE may terminate or suspend your access to the Platform as described in Section 20.
If you choose, or are provided with, a username, password or any other piece of information in order to access the Platform, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you are not permitted to allow others to use your account without prior authorization from StreamlineCE. We reserve the right to reclaim usernames or accounts on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames or accounts.
To prevent fraud and abuse, users are limited to one active StreamlineCE account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the StreamlineCE community will be disabled. Mass account creation may result in disabling of all related accounts. Any violation of these Terms is a cause for permanent suspension of all accounts as described in Section 20.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Please note that you must use a secure encrypted connection or other appropriate measures when transmitting any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual ("Personal Data") to our Platform. If you wish to retain copies of any Personal Data you transmit to our Platform for which you have all necessary rights to use and disclose on or through our Platform, it is your responsibility to make backups of such Personal Data, provided that the transmission of that Personal Data to our Platform does not otherwise violate these Terms.
6. USER CONTRIBUTIONS
Our Platform allows you and other users to host, create, publish, post, store, display, and transmit content (hereinafter, "post"), including, but not limited to, messages, text, photos, videos, software, files, links, comments, information, documents, and other materials (collectively, "User Contributions"). We may use User Contributions posted to our Platform in a manner that is consistent with our Privacy Policy.
Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You may not create, post, store, or share any User Contributions, for example within an Activity, that violates our Privacy Policy, these Terms, or for which you do not have all the rights necessary to grant us the license to use. Subject to the terms and conditions of Section 15 herein, you represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns; (ii) your User Contributions and all other information that you upload to the Platform, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity; and (iii) your User Contributions and all other information or materials that you upload to the Platform do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you post, submit or contribute to the Platform, and you, not StreamlineCE, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform. Although we have no obligation to screen, edit, or monitor User Contributions posted to our Platform, we may delete or remove User Contributions at any time and for any reason with or without notice.
Occasionally there may be User Contributions on the Platform that contain typographical errors, inaccuracies or omissions, or, for the purposes of keeping search organized, is inconsistent with similar terms (e.g., "Pharm D" versus "PharmD", etc.). We reserve the right to correct any non-substantive errors, inaccuracies, omissions, or inconsistencies and to change or update User Contributions, provided that such changes are not substantive in nature. We undertake no obligation to update, amend, or clarify information on the Platform including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform should be taken to indicate that all information on the Platform has been modified or updated. We may recommend changes to your profile on our Platform based on the work you do, the Activities you have participated in, and other similar factors, at which time you may choose to either update your profile using our suggested changes or not incorporate our proposed edits into your profile.
We will not be liable for any acts or omissions by you, including processing of payments to you on the basis of inaccurate information on your account, or any damages of any kind incurred as a result of such acts or omissions.
For example, if a Provider mails a check to a Contributor at the address listed in that Contributor's profile on the Platform in relation to an Activity, and the check is subsequently returned because it has been determined that the Contributor no longer lives at that address, StreamlineCE shall not be liable to any party in connection with the Contributor's non-receipt of such payment from the Provider.
7. MONITORING & ENFORCEMENT; TERMINATION
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards in Section 9 herein, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for StreamlineCE.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
- Terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS STREAMLINECE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY STREAMLINECE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER STREAMLINECE OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted to the Platform, and thus cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
8. PROHIBITED CONDUCT
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
- in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- to engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- other than for its intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Platform or that could damage, disable, overburden or impair the functioning of the Platform;
- to impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity (including, without limitation, StreamlineCE, a StreamlineCE employee, a Provider, or another user of the Platform);
- to sell, resell, rent, lease, transfer, assign, distribute, display, disclose, modify, license, or otherwise use for any commercial purpose any part of the Platform or any of its materials, content, features, or services offered through it, except with our express written permission;
- to copy, reproduce, distribute, publicly perform or publicly display all or portions of our Platform, except as expressly permitted by us or our licensors;
- to modify our Platform (or copies of any materials in the Platform), delete or alter any proprietary rights notices or markings from our Platform (or copies of materials from the Platform), or otherwise make any derivative uses of our Platform;
- to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as expressly permitted by these Terms;
- to reverse engineer any aspect of our Platform or do anything that might discover source code or attempt to bypass or circumvent any content-filtering techniques or measures employed to prevent or limit access to any part of our Platform;
- to send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, pyramid schemes, unsolicited promotions, political campaigning, advertising or solicitations; or
- for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
Additionally, you agree not to:
- use or attempt to use another user's account without authorization from that user and StreamlineCE;
- monitor the functionality, performance, or availability, of the Platform, or use any data mining, robots, spiders, or similar data gathering or extraction methods designed to scrape or extract data from our Platform;
- develop or use any applications that interact with our Platform without our prior written consent;
- use any device, software or routine that interferes with the proper working of the Platform;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
9. CONTENT STANDARDS
These content standards ("Content Standards") apply to any and all User Contributions on our Platform. You may only upload, post or otherwise share User Contributions on or through the Platform, provided that you have all necessary rights to disclose such User Contributions.
User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- contain any material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- promote any illegal activity, or advocate, promote or assist any unlawful act;
- infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable law or regulations that otherwise may be in conflict with these Terms and our Privacy Policy;
- be likely to deceive any person;
- cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;
- give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
- contain any private or personal information of a third party without such third party's consent;
- contain any viruses, corrupted data, or other harmful, disruptive or destructive files or content; or
- in our sole judgment, restrict or inhibit any other person from using or enjoying our Platform, and may not expose StreamlineCE or others to any harm or liability of any type.
If you identify any information, comments, documents, images or content pertaining to a User Contribution on our Platform that does not conform to the Content Standards or otherwise appears to violate any applicable federal, state, local or international law or regulation including, without limitation, the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("
HIPAA"), you agree to remove such content immediately from the Platform (e.g., delete any offending files) or, if you do not have the access necessary to remove it, contact
admin@streamlinece.com to notify the Platform's administrator who will remove it.
If you violate this Section 9, StreamlineCE may terminate or suspend your access to the Platform.
10. CONTRIBUTOR LIBRARIES
The Platform contains two independent databases in which Contributor information is stored (the "Libraries"). These Libraries include Providers' Private Contributor Libraries (each, a "Private Contributor Library") and the Universal Contributor Library (the "Universal Contributor Library").
A Private Contributor Library consists of a network of Contributors that can only be accessed by a single Provider. For example, when a Contributor completes an Activity with a Provider or when a Provider is onboarded and adds a Contributor into their own Private Contributor Library, the Contributor is included in that Provider's Private Contributor Library, and only that Provider can access the Contributor's information, find them in a search, and message them.
Contributors who have an active account registered on the Platform at the time they begin participating in an Activity will automatically be added to the Private Contributor Library of the Provider who is coordinating the Activity. This will be in addition to any Libraries you are currently a part of on the Platform.
The Universal Contributor Library is a network of Contributors that can be accessed by Providers who subscribe to a plan that includes this feature. Contributors can be added to the Universal Contributor Library automatically, be invited to join, or opt in through their profile–as described further below.
- Contributors who are not currently registered on the Platform who are invited to the Platform by a Provider to participate in a specific Activity will remain exclusively in the Provider's Private Contributor Library for a period of seven (7) days following the date that the Activity is scheduled to take place, at which time you may be invited by StreamlineCE to opt in to being included in the Universal Contributor Library.
- Contributors who are not currently registered on the Platform who are invited as part of the Provider onboarding and not as part of a specific Activity will have the option to opt in to the Universal Contributor Library but will not receive communication from StreamlineCE inviting you to do so. You can opt in to joining the Universal Contributor Library at any time by selecting this option in your profile.
- Contributors who are not currently registered on the Platform who are otherwise invited will automatically be added into the Universal Contributor Library. You have the option of removing yourself from the Universal Contributor Library once you are added to a Provider's Private Contributor Library when you participate in your first Activity.
Providers with access to the Universal Contributor Library can view limited profiles, search for, invite to activities, and message any Contributor within the Universal Contributor Library. As a Contributor your information may be accessed by Providers within Providers' Private Contributor Libraries and/or the Universal Contributor Library.
StreamlineCE reserves the right to add or remove you to or from any or all Libraries at their sole discretion for any reason without providing you notice.
Upon termination of their subscription with us, a Provider may request the names and email addresses of the Contributors within their Private Contributor Library. You agree and acknowledge that StreamlineCE may share this information and that the Provider may contact you in the future outside of the Platform. You will be provided an option by email to opt out of having your information shared with the Provider provided you respond within seven (7) days of receiving the notice. If you are not in the Universal Contributor Library at the time the Provider terminates their subscription with us, you will be invited to join the Universal Contributor Library. If you choose not to join the Universal Contributor Library and you are not included in any other Providers' Private Libraries, your account will be terminated.
11. INDEPENDENT CONTRACTORS
Contributors provide their services as independent contractors under Subsequent Agreements with Providers within the Platform. You acknowledge and agree that you and StreamlineCE are independent contractors and nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employer-employee relationship between you and StreamlineCE. You are solely responsible for your actions and omissions, and you are not authorized to make any representations, contracts, or commitments on behalf of StreamlineCE. Likewise, StreamlineCE does not control or direct your activities and is not responsible for any content you create or share on the Platform.
12. OPPORTUNITIES AND CONTRIBUTOR ROLES
When developing an Activity, Providers identify which speaking, writing, reviewing, and other roles for which Contributors are needed ("Contributor Roles"). Third party Providers may publicly post on the Platform open Contributor Roles for which Contributors may choose to apply ("Opportunities"). Opportunities are created and provided by third party Providers over whom StreamlineCE exercises no control; you acknowledge and understand that StreamlineCE has no control over the content of Opportunities, links to or from Opportunities, or any conditions third parties might impose once a Contributor is invited to or has applied for an Opportunity. If you leave the Platform and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party and any information you provide to that third-party will be governed by such third-party's own privacy policy (not Streamline's). StreamlineCE has no obligation to screen any Opportunities, or to include any Opportunities in its search results or other listings and may exclude or remove any Opportunities from the Platform or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that StreamlineCE has no obligation to present you with any or all Opportunities. We cannot confirm the accuracy or completeness of any Opportunity or other information submitted by any Provider or other user, including the identity of such Provider or other user. StreamlineCE assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Opportunities, or other information submitted by any Provider or other user.
Registering for the Platform does not guarantee that you will be selected by Providers to participate in any Activity. StreamlineCE plays no role in the recruitment of Contributors other than providing a platform on which Providers may identify potential candidates to fill Contributor Roles. By using the Platform, you acknowledge and understand that StreamlineCE exercises no control over Providers who make decisions as to which Contributors are selected for which Contributor Roles.
Being selected for a Contributor Role within an Activity on the Platform does not guarantee you a role in that Activity. Before a Subsequent Agreement is signed for a given Activity, the Provider can remove you from that Activity for any reason at their discretion, including, but not limited to, incomplete or inaccurate profile information or if the Activity is cancelled.
Invitations
Through the Platform, Providers may extend invitations to you for open Contributor Roles within Activities.
In order to accept invitations from Providers for Contributor Roles, you must have an active account on the Platform. In order to access any other portion of the Platform, you must have an active account; have a complete profile that has been updated in the past twelve (12) months; and provide any other additional information required by the Provider for that Opportunity, including, but not limited to a Subsequent Agreement.
Providers may set deadlines for a response to an invitation. If you do not respond by the deadline set by a Provider, the invitation will be retracted and you will not be eligible to serve in that Contributor Role unless a new invitation is sent by the Provider. StreamlineCE is designed to notify you of invitations in a timely manner and in a variety of ways (e.g., notification on the Platform, initial and reminder emails, etc.). StreamlineCE is not responsible if you miss a deadline for responding to an invitation for any reason, including, but not limited to, if notifications are not transmitted properly, if you do not receive a notification, or if a notification email goes to your email's spam folder. Providers may also retract invitations that have not yet been accepted at any time for any reason without providing notice to you even if the deadline has not yet passed.
As part of the services for Providers, StreamlineCE may suggest Contributors based on a combination of factors, such as prior experience and potential fit for the role.
Opportunities and Applications
StreamlineCE may make available advertising freelance, independent contractor opportunities within the "Opportunities" section of the Platform (the "Opportunity Board"). Searching for and applying for Opportunities is free for Contributors. In order to apply for Opportunities, you must have an active account and have a complete profile that has been updated in the past twelve (12) months.
While StreamlineCE may in some circumstances be compensated by Providers who post Opportunities, helping keep StreamlineCE job search free for Contributors, all Opportunities are considered advertising. The Opportunities contained on the Platform are indexed or posted in an automated manner.
StreamlineCE may provide independent functionality to assist you. For example, StreamlineCE may provide search options to help you narrow down search results for Opportunities by job type categories (e.g., disease or specialty areas, etc.), and such categories, unless they are created by Providers, are created independently and entirely by StreamlineCE, and may not directly or accurately reflect the content of the Opportunities.
13. RELIANCE ON INFORMATION POSTED
The information contained on our Platform is intended for general information purposes only. We have made reasonable efforts to ensure that the information on our Platform is accurate at the time of posting, however there may be inaccuracies and occasional errors. We make no representations or warranties about the information provided on or through our Platform, including information obtained through links to any third-party websites, and we do not assume any responsibility for updating information provided on or through our Platform. We accept no liability for any inaccuracies or omissions on our Platform and any decisions based on information contained on our Platform are the sole responsibility of the user.
14. CONFIDENTIALITY
When using our Platform, you may have access to information about our, our affiliates', and/or Providers' business affairs, products, intellectual property, trade secrets, and other confidential or proprietary information ("Confidential Information").
You agree that you will treat this Confidential Information with at least the same degree of care as you treat your own confidential or proprietary information (but with no less than reasonable care) and that you will not (i) directly or indirectly use, copy, reproduce, distribute, duplicate, reveal, report, publish, disclose or cause to be disclosed, or otherwise transfer, any Confidential Information to any third party, or (ii) utilize this Confidential Information for any purpose, except as expressly contemplated by these Terms or with our express written consent which we may grant or withhold in our sole discretion. You will limit the disclosure of Confidential Information to other Providers, Contributors, and other third parties with a need-to-know and who have been advised of the confidential nature thereof and provided that such third parties have executed a written agreement wherein the third party agrees to protect Confidential Information.
You shall within ten (10) days after receipt of our request: (i)discontinue all use of any Confidential Information;(ii)return to us all materials furnished by StreamlineCE that contain Confidential Information;(iii)erase or destroy any Confidential Information contained in computer memory or data storage apparatus; and (iv) remove Confidential Information from any software retained by you that incorporates or uses Confidential Information in whole or in part.
15. INTELLECTUAL PROPERTY RIGHTS; OWNERSHIP; LIMITED LICENSE; RESTRICTIONS
The Platform and its entire contents, features and functionality (including, but not limited to, all information, software, text, graphics, displays, images, video and audio, illustrations and other content contained therein, as well as the design, selection, and arrangement thereof) are owned by StreamlineCE, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Except as explicitly stated in these Terms, all rights in and to the Platform are reserved by StreamlineCE or our licensors. We are granting you the right to use our Platform to contribute to the development of continuing education content for Providers, and to facilitate your collaboration and relationships with Providers (the "Permitted Purpose"). You are not permitted to use our Platform for any other purpose and use for any other purpose, without our prior written permission, is strictly prohibited.
Our Platform connects Providers with Contributors. We do not endorse or make any representations about any Providers or Contributors. You should perform your own due diligence on Providers and any other Contributors you work with on an Activity. Agreements between Providers and Contributors are entirely at each party's own cost and risk. We are not a party to, nor will we review, any agreement between you and a Provider or any other Contributor. We are not liable to you for your acts or omissions or those of any Providers or Contributors.
To the extent possible, the Platform compartmentalizes continuing education activities such that only collaborators on any given Activity, and StreamlineCE for the purposes of Platform maintenance and support, may access information, comments, documents, images, or content related to that Activity, unless that Activity is posted publicly on the Platform (i.e., on the Opportunity Board).
StreamlineCE makes no claim to ownership of the information, comments, documents, images, or content contained within Activities created by Contributors, the rights of which are governed by the terms of the agreement for that Activity and are agreed upon between you and the Provider coordinating that Activity. You, however, grant StreamlineCE permission to index your work as part of your profile on the Platform.
In addition to, and notwithstanding anything to the contrary with regard to the license grant set forth in Section 6 herein, by providing any such content to StreamlineCE for public posting on the Platform, you grant to StreamlineCE an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute such content. You further agree that StreamlineCE is free to use any ideas, concepts, or know-how that you provide to StreamlineCE for the purposes of developing our products and services.You hereby agree that any comments, feedback, or recommendations made by you shall be the sole property of StreamlineCE.
We grant you a limited license to access and use our Platform for the Permitted Purpose. No content of our Platform or any other Internet site owned, operated, licensed or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose.
You may not directly or indirectly reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell, or publish any part of the Platform without the prior written consent of StreamlineCE, which consent may be withheld, conditioned, or delayed in its sole discretion, except that you may, subject to the terms hereof, print out a copy of the content solely for your personal use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name or service mark, or any other proprietary notice or legend appearing on any of the content within the Platform. You are prohibited from including links from other websites to this Platform without the prior written consent of StreamlineCE, which consent may be withheld, conditioned or delayed in its sole and absolute discretion.
16. TRADEMARKS
StreamlineCE, StreamlineCE.com, and our logos, product or service names, slogans, and the look and feel of the Platform are trademarks of StreamlineCE and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Platform are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
17. COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our Copyright Agent (designated below).
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- Include both of the following statements in the body of the DMCA Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Our designated Copyright Agent to receive DMCA Notices is:
Legal Department
StreamlineCE
310 Susquehannock Drive
Wilkes-Barre, PA 18702
admin@streamlinece.com
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.
Please be aware that if you knowingly materially misrepresent that material or activity on our Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
18. FEEDBACK
Any questions, comments, suggestions, ideas, original or creative materials, or other information about StreamlineCE or the Platform that you post, submit, or otherwise communicate to us (collectively, "Feedback"), is non-confidential and will become the sole property of StreamlineCE. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
19. FEES AND PAYMENT
We offer the Platform to Contributors at no cost. Similarly, you will not receive any payments from us. Any payments due to Contributors for completed Activities ("Honoraria" or "Honorarium") are governed by the Subsequent Agreement(s) entered into between the Contributor and the Provider. By using the Platform, you acknowledge that StreamlineCE exercises no control over Providers who control payment, Honoraria amounts, terms of payment, and timing of payment to Contributors. StreamlineCE is not liable for any aspect of payment. In the event of any conflict between the Activity's Honorarium displayed on the Platform and the Honorarium provided for in a Subsequent Agreement between a Contributor and a Provider, the terms of the Subsequent Agreement between the Contributor and the Provider shall prevail.
20. TERMS AND TERMINATION; SURVIVAL
An active account on StreamlineCE is considered to be one in which the Contributor can log in and access the Platform. StreamlineCE reserves the right to deactivate your account for any reason, including, but not limited to, situations in which:
- You misrepresent any personal or professional information on your profile;
- We receive complaint(s) from Providers about you and upon investigation determine, in our sole judgment, the appropriate course of action is to temporarily or permanently deactivate your account;
- You do not respond to an invitation to serve as a Contributor for at least three (3) separate, successive Opportunities from Providers within the deadlines set by the Provider(s) or the Activity dates, whichever are sooner;
- Your account information is not updated following at least three (3) requests from StreamlineCE for you to update your profile; or
- Your account security is compromised or suspicious activity is occurring on your account.
If StreamlineCE determines your account is to be disabled, it will be disabled immediately if you are not actively serving in a Contributor Role for an Activity. If you are actively serving in a Contributor Role for an Activity, depending on the reason why your account is being disabled, your account may be disabled immediately or at a future date at the sole discretion of StreamlineCE. After termination of your account, we will cease referring to you in the Universal Contributor Library as an active Contributor on our Platform and Providers will also be notified via their Provider Specific Library.
These Terms shall survive any termination of your access to our Platform, whether we terminate your access or you voluntarily discontinue your use.
21. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless StreamlineCE and our officers, directors, agents, partners, and employees (individually and collectively, the "StreamlineCE Indemnitees") from and against any loss, liability, claim, demand, damages, expenses, or costs ("Claims") arising out of or related to: (i) your access to or use of our Platform, including your conduct in connection with such use; (ii) your User Contributions or Feedback; (iii) your violation of law, these Terms, or our Privacy Policy; (iv) your violation, misappropriation or infringement of any rights of another, including, but not limited to, intellectual property rights or privacy rights; (v) any disputes between you and any Providers; or (vi) any illegal activities committed by you in connection with your use of the Platform. You agree to promptly notify StreamlineCE Indemnitees of any third-party Claims, cooperate with StreamlineCE Indemnitees in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims, including, but not limited to, attorneys' fees.
You also agree that the StreamlineCE Indemnitees will have control of the defense or settlement, at StreamlineCE's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and StreamlineCE.
22. DISCLAIMERS
The Platform is only a marketplace for Providers and Contributors. We do not hire or employ Contributors, nor are we responsible or liable for any interactions involved between the Providers and Contributors who collaborate using the Platform.
We do not control submitted content posted on the Platform and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such submitted content. You also understand that by using the Platform, you may be exposed to content that you consider offensive, indecent, or objectionable. StreamlineCE has no responsibility to keep such content from you and no liability for your access or use of any submitted content, to the extent permissible under applicable law.
Providers may include to links to third party platforms such as to facilitate participation in a webinar or conference ("Third-Party Platforms"). StreamlineCE does not endorse any of these Third-Party Platforms and does not control them in any manner. Accordingly, StreamlineCE does not assume any liability associated with Third Party Platforms. You are responsible for determining whether accessing a Third-Party Platform is appropriate, and for protecting Your Personal Data and privacy on such Third-Party Platforms.
Your use of the Platform is at your sole risk. Except as otherwise provided in a writing by us, the Platform, its content, and any services obtained through the Platform are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, StreamlineCE does not represent or warrant that the Platform, its contents, or any services obtained through the Platform are accurate, complete, reliable, current, or error-free. While StreamlineCE attempts to make your use of the Platform safe, we cannot and do not represent or warrant that it is free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Platform.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM (INCLUDING, BUT NOT LIMITED TO, ANY OF ITS SERVICES OR FEATURES) OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
STREAMLINECE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, StreamlineCE will not be liable to you under any theory of liability, whether based in contract, tort, negligence, warranty, or otherwise, for any indirect, consequential, incidental, punitive, or special damages or lost profits arising out of or in connection with your use, or inability to use, the Platform, any websites linked to it, any content on the Platform or such other websites, or any services obtained through the Platform, even if foreseeable.
The total liability of StreamlineCE for any claim arising out of or relating to these Terms or our Platform, regardless of the form of the action, is limited to $100.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of StreamlineCE or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
We are not liable to you for your acts or omissions or those of any Providers or Contributors.
24. RELEASE
To the fullest extent permitted by applicable law, you release StreamlineCE from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, including, but not limited to, claims of negligence, arising out of or related to your use of the Platform.
By accepting these Terms, you understand and agree that: (i) the information provided on the Platform is not medical advice; (ii) use of the Platform is at the users' sole risk; (iii) StreamlineCE is not liable for damages arising from use of the information on the Platform; and (iv) Providers and Contributors must abide by all requirements of HIPAA and all other applicable local, state, or federal laws in connection with their access to, and use or interaction with, our Platform.
25. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY USING OUR PLATFORM, YOU AND STREAMLINECE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND STREAMLINECE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Except for small claims disputes in which you or StreamlineCE seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or StreamlineCE seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and StreamlineCE waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Platform resolved in court. Instead, for any dispute that you have against StreamlineCE, you agree to first contact StreamlineCE and attempt to resolve the claim informally by sending a written notice of your claim ("
Notice") to StreamlineCE by email at
admin@streamlinece.com; or by certified mail addressed to: StreamlineCE; Attn: Legal; 310 Susquehannock Drive, Wilkes-Barre, PA 18702. The Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the claim; and (iii) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and StreamlineCE cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may, as appropriate in accordance with this section, submit the dispute to binding arbitration administered by Judicial Arbitration and Mediation Services ("
JAMS") or, where applicable, in court.
All submitted disputes will be resolved through confidential binding arbitration held in the city of Wilkes-Barre, Pennsylvania and county of Luzerne, Pennsylvania or may be conducted telephonically or via video conference for disputes alleging damages less than $10,000 in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the JAMS, which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and StreamlineCE agree that any dispute arising out of or related to these Terms or our Platform is personal to you and StreamlineCE and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
You and StreamlineCE agree that these Terms will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
The arbitrators, StreamlineCE, and you will maintain the confidentiality of any proceedings, including, but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality unless the law provides to the contrary.
You and StreamlineCE agree that for any arbitration you initiate, you will pay the filing fee and StreamlineCE will pay the remaining JAMS fees and costs. For any arbitration initiated by StreamlineCE, StreamlineCE will pay all JAMS fees and costs. You and StreamlineCE agree that the state or federal courts of the State of Pennsylvania and the United States sitting in the city of Wilkes-Barre, Pennsylvania and county of Luzerne, Pennsylvania have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Platform must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and StreamlineCE will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 25 by sending notice by email to
admin@streamlinece.com with the subject line: "Arbitration Opt Out," and including in the email (i) your name and address, and (ii) the date on which you first accepted these Terms and used the Platform. Alternatively, you may opt out by mailing an opt-out request with the same information to StreamlineCE; Attn: Legal; 310 Susquehannock Drive, Wilkes-Barre, PA 18702, postmarked no later than thirty (30) days from the date you first accepted these Terms and used the Platform. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. In order to be effective, the opt out notice must include your full name, address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 25.
If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
26. ELECTRONIC SIGNATURES
By using our Platform, you agree: (i) to transact electronically through the Platform; (ii) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (iii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iv) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
27. GOVERNING LAW AND VENUE
Any dispute arising from these Terms and your use of our Platform will be governed by and construed and enforced in accordance with the laws of Pennsylvania, without regard to conflict of law rules or principles (whether of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Pennsylvania and the United States, respectively, sitting in city of Wilkes-Barre, Pennsylvania and the county of Luzerne, Pennsylvania.
28. MODIFYING AND TERMINATING OUR PLATFORM
We reserve the right to modify our Platform or to suspend or stop providing all or portions of our Platform at any time. In such circumstances, we will endeavor to give notice to you as outlined within these Terms, but we may not be able give notice to you if we determine that your use of the Platform poses a risk or threat to the function of the Platform or to other Contributors or Providers, or to StreamlineCE, or any third party.
You also have the right to stop using our Platform at any time and for any reason.
29. GEOGRAPHIC RESTRICTIONS
The owner of the Platform is based in the Commonwealth of Pennsylvania in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its Content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
30. SEVERABILITY
If any provision or part of a provision of these Terms is found to be unlawful, void, or unenforceable by an authority of competent jurisdiction, the enforceability of the remaining provisions of these Terms will not be affected, and the unenforceable provisions will be replaced with valid provisions the effect of which comes as close as possible to that of the unenforceable provisions.
31. MISCELLANEOUS
The failure of StreamlineCE to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
You agree that communications and transactions between us may be conducted electronically.
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
In no event shall StreamlineCE be liable to you, or be deemed to have breached these Terms, for any failure or delay in performing its obligations under these Terms, if and to the extent such failure or delay is caused by any circumstances beyond StreamlineCE's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, pandemic, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
Neither these Terms nor any right or duty under these Terms may be transferred, assigned, or delegated by you, by operation of law or otherwise, without the prior written consent of StreamlineCE. Any attempted transfer, assignment, or delegation of these Terms in violation of this Section will be void and without effect.