Website Terms of Use

This Privacy Policy was last updated on December 13, 2022.

Please read these Terms of Use carefully before using ProactiveMedicalReview.com and ProactiveLTCExperts.com (the “Website”).  If you do not agree to these Terms of Use, please do not use this Website. 

YOU AGREE AND ACKNOWLEGE THAT BY USING THIS WEBSITE, OR PURCHASING ANY PRODUCTS OR SERVICES ON THIS WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

Ownership of Website; License and Restrictions of Use of Content

The Website is owned by Proactive Medical Review & Consulting, LLC, or any surviving entity of a merger, restructuring or other corporate event or any subsidiary of any of the foregoing (collectively, “Proactive” or “we”).

You acknowledge that this Website may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively “Proactive Content“), including without limitation, webinars, policies and other documents and products available for purchase on ProactiveMedicalReview.com and ProactiveLTCExperts.com (collectively, “Educational Materials” and, together with Proactive Content, the “Content”), which is generally provided by Proactive or by licensors of Proactive.  In addition to Proactive’s and its licensors’ rights in individual elements of the Content, Proactive owns a copyright in the selection, coordination, arrangement and enhancement of the Content as well as protection on the concept of creating and delivering the Content as well as in the configuration of the Content.

You may not modify or use the Website for any commercial purpose. You agree and acknowledge that, notwithstanding that Proactive permits you to access, use and/or download the Content, the Content and its use, and the use of this Website, is protected by patents, copyrights, trademarks, and other proprietary rights (including all other intellectual property and proprietary rights), that these rights are valid and protected in all media now existing or later developed.  Without limiting the foregoing, you understand and agree that the Content is licensed to you and not sold, and that your use of this Website and the Content is governed and constrained by applicable patent, copyright, trademark and other intellectual property laws and is further limited by such laws and these Terms of Use, including without limitation:

The license granted to you is a limited, revocable license to view the website and access and/or download Content for your internal business use only;

  • Your license to access this website and to use, access and/or download Content is limited to you and your employer/facility;
  • You may not share or distribute any Content (including any copies thereof, whether electronic or otherwise) or permit any party to so share or distribute, or otherwise access the website and/or use, access and/or download any Content licensed to you, other than other individuals employed by your employer/facility;
  • Any distribution or copies of Content (including electronic and hard copies thereof) must include all proprietary notices contained therein;
  • Any unauthorized sharing, distribution, use, access or downloading of any Content is subject to additional fees and/or suspension or termination of your license and access to or use thereof;
  • You may not modify or use the Content for any commercial purpose and you understand that any such use is a violation of intellectual property rights owned by Proactive and third parties; and
  • Proactive reserves the right to terminate your license at any time, with or without notice.

Without limiting any of the foregoing, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Website and/or any of the Content, in whole or in part.

Materials or Content from You

The Website, Content and/or the Educational Materials may contain features such as message boards, discussion forums, bulletin boards, user comments, and other interactive features (collectively, “Interactive Services”) that allow you to publicly post, submit, publish, display or transmit materials and content (other than the Content), including posted on discussion forums, and text, photographs, and other data provided, posted, uploaded or transmitted by you (“User Generated Content”).

You hereby grant to Proactive a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, transferable, unlimited license to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, sublicense, create derivative works of, and otherwise use and commercially exploit the User Generated Content you submit to or use in conjunction with the Interactive Services in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any electronic or print media format. You hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Proactive’s use of the User Generated Content or require your permission for Proactive to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Proactive or its affiliates/sublicensees relating to Proactive’s or its affiliates’/sublicensees’ use of the User Generated Content and you hereby release Proactive and its affiliates/sublicensees from any such claims.

You represent that your User Generated Content: (1) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party’s rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise illegal, offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.

We caution you to be careful in the information you disclose in any User Generated Content.  Proactive is not responsible for the acts or inactions of any other party with respect to the use, inability to use, misuse or abuse of any User Generated Content. 

 

Registration and Password

You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Proactive cannot and does not assume any responsibility or liability for any acts or inactions by someone who has fraudulently accessed your Proactive account, or for any third party’s fraudulent use or misuse of any information submitted by you.

You represent that the information that you provide about yourself as requested in the Proactive account registration form (the “Registration Data“) is accurate and complete, and you agree to update your account information, as necessary, including providing Proactive with your current email address, so that you may receive notifications and other account-related communications. Please see the Privacy Policy for additional information.

You are expressly prohibited from using a false e-mail address or other identifying information. 

Educational Materials

Licenses to the Educational Materials are available for purchase on the Website. 

Some Educational Materials may include certain Interactive Services, such as the ability to participate in an online discussion forum related to such Education Material (“Discussion Forum”).  Your participation on any Discussion Forum is entirely voluntary but if you choose to participate, your participation is governed by these Terms of Use and also by any terms, conditions or rules related to such Discussion Forum and posted therein.

Proactive recommends that you do not post any identifying information (either personally identifying or information that identifies your employer/facility) on any Discussion Forum.  Proactive is not responsible for any identifying information posted on a Discussion Forum, or any party’s use or misuse of such information.

Proactive reserves the right at any time and without notice to discontinue or change the Educational Materials, Interactive Services, Discussion Forums and other Content.  

Educational Materials Disclaimer and Sole Remedy

We use commercially reasonable efforts to ensure that the information provided in all Content, including the Educational Materials, is materially accurate and complete as of the date such webinar was recorded or such other Education Material was created, but we do not and cannot guarantee that such information is, in fact, accurate or complete when recorded or created, or when used, viewed or accessed by you. Please consult with your compliance, legal, regulatory or other relevant professional prior to relying on any information in the Content, including in the Educational Materials.  We are not responsible or liable for any party’s reliance (including yours) on any Content, including the Educational Materials. 

Notwithstanding anything to the contrary in this Website, or in any Content, Educational Material, Interactive Service, Discussion Forum or any other product, service or material available on or through the Website (collectively, all of the foregoing, including the Website, “Proactive Materials”), your sole remedy for any dissatisfaction with any Proactive Material is to stop accessing and/or using the Website and/or the applicable Proactive Material.  THE FOREGOING COMPRISES PROACTIVE’S ENTIRE LIABILITY IN CONNECTION WITH YOUR OR ANY THIRD PARTY’S USE OR ACCESS OF ANY PROACTIVE MATERIALS OR ANY OTHER CONTENT AVAILABLE ON, THROUGH OR IN CONJUNCTION WITH ANY PROACTIVE MATERIALS.   

Sales Tax

In accordance with various statutes, Proactive is or may be required to collect sales tax on any purchase of Educational Materials, as mandated by law. Tax rates, the terms specified herein and the items subject to tax are subject to change at anytime.

Prohibited Conduct and Use

You agree to use the Website only for lawful purposes.  You are expressly prohibited from placing any message in any Proactive Material, or otherwise transmitting through the Website, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, “Prohibited Conduct“).  You agree and acknowledge that Proactive is not responsible or liable to you or any other party for any Prohibited Conduct by any user of ProactiveMedicalReview.com at any time.

Notwithstanding anything in these Terms of Use to the contrary, Proactive is in no way obligated to monitor any user’s use of any Proactive Materials or to monitor, retain, review and/or edit the contents of any message sent in or through any Proactive Materials or otherwise transmitted through the Website, or posted on a Discussion Forum.  However, Proactive does reserve the right, at any time, to monitor, review, retain, edit and/or disclose any information as it determines necessary, in Proactive’s sole discretion, to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) protect and defend Proactive’s rights and property; (iii) enforce these Terms of Use; (iv) protect against misuse or unauthorized use of any Proactive Materials; and (v) protect the interests of the users, Proactive or any Proactive Materials or the public. 

Further, you may not harvest personal information of any other user for any purpose, including without limitation to send unsolicited products or messages to people or other entities whose contact information you harvested from any Proactive Materials.

Linked Sites

This Website and other Proactive Materials may contain links to other websites solely for your convenience.  Proactive does not endorse, nor make any warranties or representations about, any website you may access through a link from this Website or any Proactive Materials.  You agree and acknowledge that you (and not Proactive) assume all risk for any dealings or transactions of any nature, including without limitation, the purchase or use of any products or services from, or the reliance upon any information or materials contained in, such linked websites.  Such linked websites may have their own terms of use and privacy policies and Proactive is not responsible or liable with respect thereof.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL PROACTIVE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY USE OF THE WEBSITE OR OTHER PROACTIVE MATERIALS OR ANY OTHER PRODUCTS, GOODS OR SERVICES PURCHASED OR OTHERWISE TRANSMITTED FROM THIS WEBSITE, OR THE USE OF, OR THE INABILITY TO USE, ANY OF THE FOREGOING, INCLUDING THIS WEBSITE OR ANY OTHER PROACTIVE MATERIALS, EVEN IF PROACTIVE OR A PROACTIVE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL PROACTIVE’S TOTAL LIABILITY TO YOU OR ANY OTHER PARTY, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PURCHASE OF ANY EDUCATIONAL MATERIAL ON THIS WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Disclaimer

ALL PROACTIVE MATERIALS ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO REPLACE COMPLIANCE, LEGAL, REGULATORY OR OTHER PROFESSIONAL ADVICE.

ALL PROACTIVE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROACTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

WITHOUT LIMITING THE FOREGOING, PROACTIVE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR IN ANY PROACTIVE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

PROACTIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THIS WEBSITE OR ANY PROACTIVE MATERIALS, REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU (AND NOT PROACTIVE) ASSUME THE ENTIRE RISK OF USING THIS WEBSITE AND/OR ANY PROACTIVE MATERIALS, INCLUDING THE COST OF ALL NECESSARY REMEDIATION, SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Your Feedback

If you contact Proactive with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding this Website or any other Proactive Materials (collectively, “Feedback“), the Feedback shall be deemed to be non-confidential and Proactive shall have no obligation of any kind with respect to the Feedback.  In addition, you agree and acknowledge that Proactive shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the Feedback to others without limitation, and to authorize others to do the same. Further, Proactive shall be free to use any ideas, concepts, know-how or techniques contained in the Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the Feedback. Proactive shall not be liable or owe any compensation for any use or disclosure of the Feedback.

Usage by Children

Proactive does not solicit the use of ProactiveMedicalReview.com or ProactiveLTCExperts.com or purchase of Educational Materials by minors. However, Proactive cannot prevent such use or purchase and cannot prevent minors from visiting ProactiveMedicalReview.com or ProactiveLTCExperts.com website. Parents, guardians and those responsible for supervising minors are solely responsible for determining what materials, products and services are suitable for such children to view and/or purchase.

Jurisdictional Issues

Unless otherwise specified, this Website and all other Proactive Materials are for users in the United States and are available for use in the United States, its territories, possessions and protectorates.  Proactive makes no representation that this Website or any other Proactive Material, or any other products and services available on this Website, are appropriate or available for use outside the United States.  Those who choose to access this Website or any other Proactive Materials from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Software from this Website is further subject to United States export controls.  No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Termination

These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by destroying all materials obtained from any and all Proactive website(s) and all related documentation and all copies and installations thereof, whether made under the terms of these Terms of Use or otherwise. These Terms of Use may terminate immediately without notice from Proactive if, in Proactive’s sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon termination, you must destroy all materials, including all Educational Materials, obtained from this website and/or any and all other Proactive website(s) and all copies thereof.  Termination will not affect any rights, obligations or liabilities that arose prior to such termination.

Changes and Modifications

Proactive may change, add or delete programs, products, materials, services and the like that are described in this Website at any time without notice, including the Educational Materials. Proactive reserves the right to update, modify, revise or otherwise change these Terms of Use from time-to-time with or without prior notice.  Your continued use of this Website or of any other Proactive Materials following the posting of such changes constitutes your acceptance of the amended Terms of Use. You are encouraged to review these Terms of Use periodically.

Other

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law.  Venue and personal jurisdiction shall lie solely in the state and federal courts located in this State of Indiana.  If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.  This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties; notwithstanding the foregoing, individual Educational Materials, Interactive Services and/or Discussion Forums may have additional terms of use applicable to those Educational Materials, Interactive Services and/or Discussion Forums and those additional terms shall also govern your access and use of those items.

Your Privacy

Proactive collects and uses your personal information only as described in the Privacy Policy.

Digital Millennium Copyright Act Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on ProactiveMedicalReview.com, please notify Proactive’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

 An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

  1. Identification of the copyrighted work that you claim is being infringed;
  2. Identification of the material that is claimed to be infringing and where it is located on ProactiveMedicalReview.com;
  3. Information reasonably sufficient to permit Proactive to contact you, such as your address, telephone number, and e-mail address;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  5. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

 The above information must be submitted to copyrights@proactivemedicalreview.com. Please note that only DMCA notices will be accepted at this email address. All other inquiries or requests will be discarded.

Contact Us

If you have questions, comments, concerns or feedback regarding this Privacy Policy or any other privacy or security concern, send an email to info@proactiveltcexperts.com