HHS Provider Fund

• Rules of Conduct

The following Rules of Conduct apply to your use of the Website and our other services, and to any User Submissions. You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website. In addition, when using our Website or other services, you may not:

1. • Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
   • Infringe or violate any patent, copyright, trademark, trade secret or other property right;
   • Breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   • Do anything that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
   • Breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
   • Violate or encourage others to violate any applicable law, statute, ordinance or regulation;
   • Upload or promote software or services that deliver unsolicited e-mail; or
   • Upload anything that contains a virus, Trojan horse, worm, time bomb, cancelbot or other harmful programming routine. You may not, except with prior written authorization from HHS Provider Fund, or in a specially designated area, use the Website to:
   • Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
   • Engage in commercial activities within HHS Provider Fund;
   • Use HHS Provider Fund content to engage in commercial activities;
   • Use HHS Provider Fund’s website or content to promote any product or service of anyone who competes with HHS Provider Fund;
   • Harm minors in any way;
   • Solicit personal information from anyone under 18;
   • Provide false or deceptive information;
   • Delete, add or otherwise change User Submissions or other content when you have not been granted the privileges to do so; or
   • Allow usage by others in such a way as to violate HHS Provider Fund’s Terms of Service.

• Intellectual Property Infringement

HHS Provider Fund respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with HHS Provider Fund and the Website, including if you access HHS Provider Fund services via a Third Party Platform (defined below), you may not post any User Submission or Design that contains copyrighted material belonging to others, or any material that infringes another intellectual property right of others, without obtaining their prior written consent. HHS Provider Fund reserves the right, in its discretion, to remove any User Submission or reject any Design if we believe it may infringe any right of a third party, and/or to terminate the account of any user that we reasonably believe may be infringing our or any third party’s rights.

If you believe that any User Submission or Design infringes your copyright or other intellectual property right, then you may send to us a written communication that includes the following (please consult your legal counsel to confirm these requirements with respect to copyright claims):

1. 1. 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      2. Identification of any copyrighted work claimed to have been infringed.
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (including URLs to access the material).
      4. Information reasonably sufficient to permit us to contact you about your complaint, such as an address, telephone number, and, if available, an email address.
      5. 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 applicable law.
      6. A statement, sworn under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

Email: [email protected]

• Our Intellectual Property Rights

All content on the Website, including without limitation, the text, code, fonts, graphics, User Submission, designs and photos created by and for HHS Provider Fund, interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to HHS Provider Fund, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of HHS Provider Fund or as expressly provided herein. HHS Provider Fund reserves all rights not expressly granted in and to the Website and the Content contained therein.

No portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of HHS Provider Fund. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of any portion of the Content for personal use, then you must maintain all applicable copyright and other proprietary notices. You agree not to circumvent, disable or otherwise interfere with any security related features of the Website, or with any features that prevent or restrict use or copying of any Content.

All of the HHS Provider Fund trademarks are owned by HHS Provider Fund and may not be used for any purpose without the prior written permission of HHS Provider Fund. All other trademarks are owned by third parties, and may not be used for any purpose without the prior written permission of such parties.

• Modifications to the Website

HHS Provider Fund reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you at any time. HHS Provider Fund shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of our Website. This includes, but is not limited to, discontinuance of products and modification of prices.

• Website Access

HHS Provider Fund grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you are of legal age to form a binding contract and are not a person barred by any laws from using the Website; and v) you will otherwise comply with all terms and conditions of these Terms of Service. HHS Provider Fund reserves the right to terminate a user’s access to the Website at any time in its sole discretion and without prior notice.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify HHS Provider Fund of any unauthorized use of your password or account or any other breach of security.

In order to access some features of the Website, you will have to create an account. You are not allowed to use another user’s account without their prior written permission. When creating your account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. If HHS Provider Fund suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Service, then your account may be subject to suspension or termination, and you may be barred from using the Website.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more requests to our servers than a human can reasonably produce in any period of time by using a conventional on-line web browser. Notwithstanding the foregoing, HHS Provider Fund grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.

• User Submissions

The interactive nature of postings on HHS Provider Fund makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by HHS Provider Fund users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as “User Submissions”) are not endorsed by HHS Provider Fund, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. HHS Provider Fund does not provide any confidentiality with respect to any User Submission. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the legality, accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You retain ownership rights in your User Submissions. However, by submitting User Submissions to HHS Provider Fund, you hereby grant HHS Provider Fund a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and HHS Provider Fund’s (and any of its successors’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works we may create) in any media now known or hereafter developed.

If you choose to post User Submissions on our Website, then we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of HHS Provider Fund reflects your respect for the legal rights of others.

HHS Provider Fund expressly disclaims any and all liability in connection with User Submissions. HHS Provider Fund reserves the right to remove Content and User Submissions in its sole discretion and without prior notice.