Date of Last Revision: March 15, 2013.
Welcome to our website (“Website”).
1.1 3Lions Publishing, Inc. (“3LP” or “we” or “our” or “us”) is a Florida corporation whose principal place of business is located at 1001 Starkey Rd. #18, Largo, FL 33771. 3LP is the owner and operator of the hipaasurvivalguide.com website and related domains and subdomains. 3LP, via our website(s), provides a combination of FREE and paid offerings that allow our customers to quickly and effectively climb the HITECH / HIPAA learning curve. Our goal is to enable compliance solutions.
1.2 Your use of 3LP’s products, software, services, servers and websites (referred to collectively as our “Service” in this document) is subject to the terms and conditions of a binding and enforceable agreement (“Agreement”) between you and 3LP, as defined herein. By using our Service you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using our Service.
1.4 NONE OF THE INFORMATION CONTAINED WITHIN OUR SERVICE, OR WITHIN DIGITAL CONTENT 3LP MAKES AVAILABLE FOR SALE ON OUR SERVICE, SHOULD BE REGARDED AS LEGAL ADVICE. THE DISTRIBUTION AND PUBLICATION OF OUR SERVICE, AND THE DIGITAL CONTENT MADE AVAILABLE FOR SALE ON OUR SERVICE, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND 3LP.
2.1 The terms and conditions provided herein (the “General Terms”) apply to all users of our Service, including registered users and the public at large (“Users”). If you register on our Service then additional terms and conditions will apply (“Registered User”).
2.2 The General Terms contained herein are included by reference in the subsequent agreements entered into between 3LP and a Registered User and constitute the minimum terms and conditions controlling use of our Service. The term Agreement, as used herein, refers to the General Terms and to any agreement entered into between a Registered User and 3LP that includes the General Terms by reference.
2.3 Our Service includes all pages on our website’s domain (www.hipaasurvivalguide.com) and all pages on any related sub-domains, and any domains or subdomains where these terms appear, all of which are controlled by this Agreement (collectively “Website”).
3.1 3LP reserves the right to change or revise this Agreement at any time by posting a notification on our Website. 3LP, at its sole discretion, may provide a Registered User notification via other mechanisms, but is not required to do so.
3.2 You are required to affirmatively accept this Agreement when becoming a Registered User by reading this Agreement and clicking “I Agree.” As a Registered User you are also required to affirmatively accept any future revisions to this Agreement in a similar manner. 3LP maintains a record of acceptance for each Registered User, including the version of this Agreement accepted by you whenever you click “I Agree.”
3.3 3LP will notify you of revision dates to this Agreement by posting the “last revised date” preceding the first paragraph of this document. The revised Agreement will take effect immediately after it has been posted on our Website.
4.1 3LP requires, and enforces, strict compliance with our eligibility (“Eligibility”) requirements, as defined herein. Our Service is not intended for individuals under the age of 18. It is intended solely for our Users, which only includes individuals of legal age in their respective jurisdictions. Registration on our Service by any other person is strictly prohibited, unauthorized, unlicensed, void, and in violation of this Agreement.
4.2 By registering on our Service you assert and warrant that you are doing so for the purpose of using our Service as defined herein. Registration for any other purpose violates this Agreement and is strictly prohibited. By registering on our Service you further assert and warrant that you are of legal age and possess the legal capacity to enter into this Agreement, either on your own behalf or on behalf of an entity you represent.
5.1 As a Registered User you are required to provide us accurate, current, reliable and otherwise valid data when completing the registration forms that establish your account (“Account”) on our Service and you agree that such data shall be kept current and revised in a timely manner when events occur that may alter its validity.
5.2 As a Registered User you agree that you are solely responsible for the data and activities related to updating and maintaining your Account, notwithstanding the fact the 3LP may, for technical or other reasons, assist you in making changes to your Account at your direct request, and after proper verification.
5.3 Registration on our Service requires you to establish security credentials that allow you access to your Account. The credentials include a user identifier and a corresponding password. You may also be required to establish additional credentials should 3LP deem them necessary to protect the integrity of our Service. You agree that you are responsible for maintaining the confidentiality of said credentials.
6.1 3LP makes available Content (“Content”) for sale on our Service. To purchase said Content you must agree to the terms and conditions contained in this Agreement and provide a credit card or other payment method made available by our payment services provider. Payment is due in U.S. dollars. 3LP uses a third party service to accept payments and does not retain any credit card or other payment information in our databases.
6.2 Payment is due immediately upon order placement. You are responsible for any taxes due and will pay 3LP for Content without any reduction for such amounts. Taxes will be collected in jurisdictions where 3LP is required do so. All Content sales are final. 3LP will not refund the purchase price of Content once said Content has been distributed to you. 3LP will vigorously oppose any payment “charge backs” wrongfully initiated by you once Content has been distributed.
6.3 All Content made available for sale on our Service, including design, text, graphics, pictures, video, information and other files, and their selection, is the property of 3LP or its licensors, with all rights reserved. You are granted a limited license to use and access said Content, and to download and print or otherwise use a copy of any portion of the Content for personal use, or for use within one business unit profit center (i.e. defined as having one Tax Identifier), provided that you keep all copyright or other proprietary notices intact, wherever such notices appear.
6.4 If you are a Covered Entity or a Business Associate, as these terms are defined in CFR 45 § 160.103, then you may use the Content as a basis for your compliance program, either as is or as modified, to suit your compliance needs and requirements. All other parties, including but not limited to attorneys and consultants; may only use the Content for educational purposes internal to your organization. Any commercial use by any party, separate and distinct from the permitted uses as contained in this license, is strictly prohibited. Such use constitutes an actionable violation of the 3LP’s copyright.
6.5 As pertaining to all the Content, you may not make available, in any form and by any mechanism, said Content on any public or private website or incorporate the Content in any other database or compilation. Any use of the Content, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Content only for lawful personal uses in accordance with the foregoing and does not allow you to sell the Content or use the Content for commercial purposes other than as provided for herein.
7.1 All content on our Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Information”), are the property of 3LP or its licensors with all rights reserved.
7.2 If you meet the requirements of Eligibility, and have properly gained access to our Service as provided for in this Agreement, then you are granted a limited license to use our Service and the Information, and to download and print or otherwise use, a copy of any portion of the Information for non-commercial use, provided that you keep all copyright or other proprietary notices intact.
7.3 As pertaining to all the Information, you may not make available, in any form and by any mechanism, said Information on any public or private website or incorporate the Information in any other database or compilation.
7.4 Any use of the Information, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, or use any type of data mining, robots, or similar data gathering or extraction methods on our Service.
7.5 Absent prior written consent from 3LP, you may not copy or imitate any elements of our Service, including but not limited to, graphics, digital images, logos, sounds, images, and buttons protected by trade dress and other laws. Absent prior written consent from 3LP, you may not use framing, metatags, or hidden text techniques in association with our logo, trademark or other copyrighted or proprietary information.
7.6 Unless expressly stated in this Agreement, or in a subsequent agreement entered into by 3LP and a Registered User, nothing herein shall be construed as conferring any license to intellectual property rights, in any form or by any mechanism.
7.7 The 3LP Service Limited License is revocable at any time without notice and with or without cause.
8.1 As defined herein, transmissions (“Transmissions”) may take the form of questions, comments, suggestions, ideas, feedback, notes, messages, e-mails, postings, letters, or other written materials about, or concerning, our Service, provided by you to 3LP, other than Client Content. You acknowledge that Transmissions by you to and from our Service are non-confidential, and that others may read and/or intercept such Transmissions.
8.3 By using our Service, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions, to 3LP. Accordingly, 3LP shall own all intellectual property rights in the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you. By submitting such Transmissions to our Service, you irrevocably waive all “moral rights” in such Transmissions.
9.1 You agree to defend, indemnify, and hold 3LP, its parents, subsidiaries, affiliates, officers, agents and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to your use of our Service, including but not limited to: (1) your submission to our Service of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.
9.2 3LP acknowledges and agrees that the indemnification sought in 9.1 is limited to acts that are directly or indirectly under your control regarding your use of, or inability to use, our Service, and does not extend beyond that.
10.1 IN NO EVENT SHALL 3LP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF 3LP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, 3LP'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO 3LP IN EXCHANGE FOR ALLOWING YOU TO USE OUR SERVICE DURING THE PAST THREE MONTHS PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION OR PROCEEDING, OR $100.00 USD, WHICHEVER IS LESS.
11.1 YOU ACKNOWLEDGE THAT OUR CONTENT, SERVICE, AND THE INFORMATION THEREIN ARE PROVIDED ON AN “AS IS” BASIS AND THAT 3LP MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING OUR SERVICE OR THE INFORMATION. 3LP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11.2 BY USING, OR ATTEMPTING TO USE, OUR SERVICE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING:
(1) THE CONTENT INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS;
(2) 3LP DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE CONTENT AND INFORMATION; AND
(3) 3LP DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE OR ANY RELATED SERVERS ON WHICH IT RESIDES ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.
11.3 3LP MAY PERIODICALLY MAKE CHANGES TO OUR SERVICE, CONTENT, INFORMATION, FEATURES OR FUNCTIONS. 3LP RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT.
11.4 UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN OUR SERVICE TO ANY PRODUCTS, PROCESSES, SERVICES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY 3LP'S ENDORSEMENT OR SPONSORSHIP THEREOF.
12.1 Our Service may include hypertext links to other websites over which 3LP has no control. 3LP makes no representations of any kind regarding the information on such websites or the information on any website linked to such websites or to any changes or modifications made thereto.
12.2 You hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all claims against 3LP regarding such websites and must adhere to the usage and privacy policies governing such sites. 3LP’s usage of links does not imply our endorsement, or sponsorship, of any such websites.
13.1 3LP respects the intellectual property rights of others and requires a Registered User of our Service to do likewise. 3LP prohibits a Registered User from making available, in whatever form and by whatever mechanism, content on our Service that infringes upon any other person on entity’s intellectual property rights.
13.2 3LP has the right to terminate the Account of any infringing Registered User and will take steps to do so immediately upon proper notification and in compliance with applicable law. You acknowledge and agree that a violation of the intellectual property rights of others on our Service triggers the Indemnification as provided for herein.
14.1 All trademarks used on our Service are the property of their respective owners and may not be used without permission therefrom.
14.2 Whether or not specifically designated as such, all other colors, graphics, logos, sounds, images, icons and buttons displayed on our Service are or may be trademarks of 3LP or its affiliates.
14.3 Absent prior written consent from 3LP, you may not copy, imitate, or use any portion of these marks.
15.1 You agree not to use our Service to transmit data or code which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity that would reasonably give rise to civil liability or otherwise violate any local, state, federal, or international law; (3) contains false or misleading information; (4) inhibits another User from use or enjoyment of our Service; (5) is defamatory, libelous or otherwise unlawful; (6) contains a virus or surreptitious code; (7) contains any type of commercial component or advertising; or (8) allows for the harvesting of email addresses or other contact information, or the harvesting of information of any kind.
15.2 Furthermore, you agree not to use our Service to engage in the following kinds of activities: (1) transmit, upload, post, store, and share content of any kind, and by any other mechanism, that you are not the lawful owner or licensee of; (2) register for more than one Account or register an Account in the name of another; (3) impersonate a person or entity or make misrepresentations regarding affiliations of any kind; (4) engage in any kind of behavior that can reasonably be construed as SPAMMING; (5) engage in any behavior likely to cause harm to 3LP, our Service, its Users, or to the public at large.
16.2 3LP does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of 13, with or without parental consent. If you have a good faith belief that 3LP has inadvertently collected such information, please contact 3LP at email@example.com. 3LP will take immediate steps to remove such information from our Service and from any databases under 3LP’s control.
18.1 Any claim or controversy arising among or between the parties hereto pertaining to our Service, or any claim or controversy arising out of, or with respect to, any matter contained in this Agreement, or any differences as to the interpretation or performance of this Agreement, other than those wherein either party to this Agreement has infringed or threatened to infringe the other party’s intellectual property rights, or wherein you have violated our User Conduct Restrictions, shall be settled by arbitration in the State of Florida. Such arbitration shall be before three arbitrators of the American Arbitration Association (the “AAA”) under its then prevailing rules.
18.2 Intellectual property rights, as defined herein, include patent, copyright, trademark or trade secrets. You and 3LP jointly acknowledge that arbitration is not an adequate remedy at law for actual or threatened infringement of either party’s intellectual property rights. Therefore, it is agreed that injunctive or other appropriate relief may be sought under these circumstances.
18.3 In any arbitration involving this Agreement, the arbitrators shall not make any award that will alter, change, cancel or rescind any provision in this Agreement, and their award shall be consistent with the provisions of this Agreement. Any such arbitration must be commenced no later than one (1) year from the date such claim or controversy arose, or the claim is waived.
18.4 The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.
19.1 Either you or 3LP may terminate this Agreement. You may terminate this Agreement by destroying all materials obtained from our Service and by providing a termination notice to 3LP at firstname.lastname@example.org. 3LP may terminate this Agreement immediately, without notice for any reason, or no reason, and reserves the right to block or prevent your future access to our Service.
19.2 Should you or 3LP decide to terminate this Agreement then 3LP will prevent access to your Account on our Service. 3LP agrees to make a good faith effort to resolve an outstanding dispute between 3LP and a Registered User, if any exist, prior to termination. 3LP, at its sole discretion, may restore access to your Account if the dispute has been resolved to its satisfaction.
19.3 You acknowledge and agree that termination of this Agreement by either party pertains solely to your use of our Service, and has no effect on other contractual obligations that may exist between the parties to this Agreement, which remain in full force and effect.
Unless otherwise specified, the terms “includes,” “including,” “e.g.,” “for example,” and other similar terms are deemed to include the term “without limitation” immediately thereafter.