KENDALL COUNTY MEDICAL SOCIETY

WEBSITE PRIVACY STATEMENT

Principles for Privacy and Confidentiality

The following principles reflect Kendall County Medical Society’s commitment to maintain the Web site visitor's rights to privacy and the confidentiality of personal information. In this context, privacy refers to the right of the individual site visitor to choose whether to allow personal information to be collected, by the host site (in this case, KCMS) or by third parties, and to know what type of information is collected and how that information is used. Confidentiality is the right of an individual to not have personally identifiable information disclosed to others without that individual's express informed consent.

The Internet has the potential to allow information about Web site use to be tracked in aggregate (which can help site developers understand site use and improve the experience of the viewer) and at the individual user level. Individual user information can improve the visitor's experience of the site by permitting personalization of the site related to the individual's particular interests or concerns. KCMS, however, takes extensive measures to ensure the safety and security of its Web site servers and to guard against divulging private information.

KCMS believes that all site visitors should have the opportunity to opt in or out of allowing personal information to be tracked. In addition, KCMS believes that Web site visitors should know who (i.e. the site organization or third party) is tracking personal information and the types of personal information that are tracked and should have the right to opt out of such information being collected at any time.

Principles:

1.       A link to the privacy policy of the KCMS Web site is provided on the home page and most other pages within the KCMS Web site. The Web site adheres to the privacy principles posted.

2.       The site does not collect name, e-mail address, or any other personal information unless voluntarily provided by the visitor after the visitor is informed about the potential use of such information. KCMS collects and stores the name of the domain and host from which users access the Internet (for example, aol.com or princeton.edu); the Internet protocol (IP) address of the computer being used; the browser software operating system used; the date and time users access the site; and the Internet address of the Web site from which they linked directly to the site. KCMS uses this information to measure the number of visitors to the different sections of the site, and to help make the site more useful.

3.       The process of opting in to any functionality that includes collection of personal information includes an explicit notice that personal information will be saved, with explanation of how the information will be used and by whom. The opt-in statement is not embedded in a lengthy document and is explicit and clear to the viewer.

4.       KCMS may collect, retain, and use personal information about site visitors when the KCMS believes that such information would be useful in providing site visitors with products, services, and other opportunities, provided such use adheres to these principles and is within bounds of current regulations and law (http://www.ftc.gov/privacy/index.html). Individuals may agree to have such personal information collected or may choose not to, with the understanding that opting out of having such information collected prevents the site from being tailored to their particular needs and interests.

5.       Names and e-mail addresses of site visitors are not provided or released to a third party without the site visitor's express permission, in conformance with the policy established by the KCMS Board of Trustees.

6.       E-mail information, personal information about specific visitor's access and navigation, and information volunteered by site visitors, such as survey information and site registration information, may be used by KCMS to improve the site but are not shared with or sold to other organizations for commercial purposes without the site visitor's express permission, in conformance with the policy established by the KCMS Board of Trustees. Such information may, however, be released to local, state, or federal law enforcement officials when requested under the appropriate law or laws.

7.       KCMS will use e-mail addresses voluntarily provided by site visitors to notify them about updates, products, services, activities, or upcoming events. Site visitors who do not wish to receive such notifications via e-mail may opt out of receiving such information at any time.

8.       Names and office addresses of KCMS members are made available, in accordance with policy established by the KCMS Board of Trustees, only for communications that are germane to the practice of medicine or of interest to physicians or medical students as consumers.

9.       Non-identifiable Web site visitor data may be collected and used in aggregate to help shape and direct the creation and maintenance of content and to determine the type of advertisement to be seen by site visitors while on the KCMS site.

10.   A cookie is a small file stored on the site user's computer or Web server and is used to aid Web page navigation. Two types of cookies are commonly used. A session cookie is a temporary file created whenever a Web site is accessed and is self-terminated based either on an expiration date (i.e. 3 hours from creation of the cookie) or by closing the Web browser. A persistent cookie is a permanent file and must be deleted manually. Cookies referred to in the context of these Guidelines are persistent cookies. A cookie function may be used on the site to track visitor practices to help determine which site features and services are most important and guide editorial direction. The cookie makes it possible for the user to access the site without requiring entry of a user name, allows the user to view different restricted areas of the site without reregistering, and allows the user to personalize the site for future use. Users who do not desire the functionality created by the cookie have the option of disabling the cookie function on their browser.

11.   E-mail messages sent to a Web site may not be secure. Site visitors are discouraged from sending confidential information by e-mail. Site visitors sending e-mail accept the risk that a third party may intercept e-mail messages.

12.   Market research conducted by the site or its agent to enhance the site is clearly identified as such.

13.   E-mail alerts and newsletters contain an "unsubscribe" option.

TERMS OF USE

AGREEMENT BETWEEN USER AND KENDALL COUNTY MEDICAL SOCIETY

The KENDALL COUNTY MEDICAL SOCIETY Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the KENDALL COUNTY MEDICAL SOCIETY Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

KENDALL COUNTY MEDICAL SOCIETY reserves the right to change the terms, conditions, and notices under which the KENDALL COUNTY MEDICAL SOCIETY Web Site is offered, including but not limited to the charges associated with the use of the KENDALL COUNTY MEDICAL SOCIETY Web Site.

LINKS TO THIRD PARTY SITES

The KENDALL COUNTY MEDICAL SOCIETY Web Site may contain links to other Web Sites ('Linked Sites'). The Linked Sites are not under the control of KENDALL COUNTY MEDICAL SOCIETY and KENDALL COUNTY MEDICAL SOCIETY is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KENDALL COUNTY MEDICAL SOCIETY is not responsible for webcasting or any other form of transmission received from any Linked Site. KENDALL COUNTY MEDICAL SOCIETY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KENDALL COUNTY MEDICAL SOCIETY of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the KENDALL COUNTY MEDICAL SOCIETY Web Site, you warrant to KENDALL COUNTY MEDICAL SOCIETY that you will not use the KENDALL COUNTY MEDICAL SOCIETY Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the KENDALL COUNTY MEDICAL SOCIETY Web Site in any manner which could damage, disable, overburden, or impair the KENDALL COUNTY MEDICAL SOCIETY Web Site or interfere with any other party's use and enjoyment of the KENDALL COUNTY MEDICAL SOCIETY Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the KENDALL COUNTY MEDICAL SOCIETY Web Sites.

USE OF COMMUNICATION SERVICES

The KENDALL COUNTY MEDICAL SOCIETY Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, 'Communication Services'), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

KENDALL COUNTY MEDICAL SOCIETY has no obligation to monitor the Communication Services. However, KENDALL COUNTY MEDICAL SOCIETY reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. KENDALL COUNTY MEDICAL SOCIETY reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

KENDALL COUNTY MEDICAL SOCIETY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in KENDALL COUNTY MEDICAL SOCIETY’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. KENDALL COUNTY MEDICAL SOCIETY does not control or endorse the content, messages or information found in any Communication Service and, therefore, KENDALL COUNTY MEDICAL SOCIETY specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized KENDALL COUNTY MEDICAL SOCIETY spokespersons, and their views do not necessarily reflect those of KENDALL COUNTY MEDICAL SOCIETY.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO KENDALL COUNTY MEDICAL SOCIETY OR POSTED AT ANY KENDALL COUNTY MEDICAL SOCIETY WEB SITE

KENDALL COUNTY MEDICAL SOCIETY does not claim ownership of the materials you provide to KENDALL COUNTY MEDICAL SOCIETY (including feedback and suggestions) or post, upload, input or submit to any KENDALL COUNTY MEDICAL SOCIETY Web Site or its associated services (collectively 'Submissions'). However, by posting, uploading, inputting, providing or submitting your Submission you are granting KENDALL COUNTY MEDICAL SOCIETY, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. KENDALL COUNTY MEDICAL SOCIETY is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in KENDALL COUNTY MEDICAL SOCIETY’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KENDALL COUNTY MEDICAL SOCIETY WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KENDALL COUNTY MEDICAL SOCIETY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KENDALL COUNTY MEDICAL SOCIETY WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE KENDALL COUNTY MEDICAL SOCIETY WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

KENDALL COUNTY MEDICAL SOCIETY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE KENDALL COUNTY MEDICAL SOCIETY WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OR CONDITION OF ANY KIND. KENDALL COUNTY MEDICAL SOCIETY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KENDALL COUNTY MEDICAL SOCIETY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE KENDALL COUNTY MEDICAL SOCIETY WEB SITE, WITH THE DELAY OR INABILITY TO USE THE KENDALL COUNTY MEDICAL SOCIETY WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE KENDALL COUNTY MEDICAL SOCIETY WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE KENDALL COUNTY MEDICAL SOCIETY WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KENDALL COUNTY MEDICAL SOCIETY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE KENDALL COUNTY MEDICAL SOCIETY WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KENDALL COUNTY MEDICAL SOCIETY WEB SITE.

TERMINATION/ACCESS RESTRICTION

KENDALL COUNTY MEDICAL SOCIETY reserves the right, in its sole discretion, to terminate your access to the KENDALL COUNTY MEDICAL SOCIETY Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Travis County, Texas, U.S.A. in all disputes arising out of or relating to the use of the KENDALL COUNTY MEDICAL SOCIETY Web Site. Use of the KENDALL COUNTY MEDICAL SOCIETY Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KENDALL COUNTY MEDICAL SOCIETY as a result of this agreement or use of the KENDALL COUNTY MEDICAL SOCIETY Web Site. KENDALL COUNTY MEDICAL SOCIETY’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KENDALL COUNTY MEDICAL SOCIETY’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the KENDALL COUNTY MEDICAL SOCIETY Web Site or information provided to or gathered by KENDALL COUNTY MEDICAL SOCIETY with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KENDALL COUNTY MEDICAL SOCIETY with respect to the KENDALL COUNTY MEDICAL SOCIETY Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KENDALL COUNTY MEDICAL SOCIETY with respect to the KENDALL COUNTY MEDICAL SOCIETY Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the KENDALL COUNTY MEDICAL SOCIETY Web Site are: Copyright 2006 KENDALL COUNTY MEDICAL SOCIETY and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.