Terms of Use

www.professionalliabilityconsultants.com, www.professionalliabilityconsultants.net, www.fail-safe.com, www.defensivedocumentation.com,  www.medicalrecordcharting.com, and all of their subdomains (the “Web Site” or “Web Sites”), are sites owned and operated by Professional Liability Consultants LLC (referred to herein as “PLCLLC”, “we”, “us”, “our” and “ours”). The following terms and conditions (the “Terms of Service or Terms of Use”) form an agreement between you and us. Unless otherwise indicated, the terms “you”, “your” and “yours” when used in these Terms of Use means any user or visitor of the Web Sites.

Summary of Important Terms

It’s important that you read this entire Terms of Use; but, here are some of the more significant terms that we want to bring to your attention:

• Each time you use the Web Sites, this Terms of Use applies to your use. Any updates to it will apply to you; so you should check back frequently for any updates.
• By using the Web Sites, you will not obtain any ownership or intellectual property or other interest in it or any virtual or other items that may appear on the Site or that may be used in connection with it.
• PLCLLC is providing the Site to you on an “as is” basis, without any warranty of any kind, and IeL’s liability to you in connection with your use of the Web Sites is very limited.

Agreement

Your access to and use of the Web Sites and any of the information, materials, data, demos, blogs, products, services and other materials made available on or through the Web Sites (collectively, “Materials”) are subject to all applicable laws, rules and regulations as well as all of the terms and conditions set forth in these Terms of Use.

By accessing or using the Web Sites, you agree to be bound by these Terms of Use. If you are accessing or using this Website on behalf of an entity or business, you represent and warrant that you have the authority to bind such entity or business to these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit the Web Sites and cease use of all Materials, as you are not permitted to access or use the Web Sites or such Materials.

These Terms of Use may be changed by us, in our sole discretion, from time to time with or without notice to you. Any changes or modifications to these Terms of Use will be effective upon posting on the Web Site. You should always review these Terms of Use prior to your access or use of the Web Site or Materials to ensure that you understand the current Terms of Use that apply to your access or use thereof. Your continued use of the Web Site following the posting of any changes or modifications will constitute your acceptance of such changes or modifications.

Ownership and Permitted Use of Materials

The Web Sites and their design, text, content, files, selection and arrangement of elements and other matters related to, and all trademarks, logos, service marks, symbols, trade dress and all Materials provided on or through, the Web Sites are protected by all applicable copyright laws, trademark laws and/or international conventions and treaties. All Materials are the exclusive and proprietary property of PLCLLC and/or its third-party licensors.

The posting, display or other provision of any Materials on the Web Sites shall not constitute a waiver of any right or interest of PLCLLC and/or its third-party licensors in such Materials. Except as expressly provided herein, nothing contained in these Terms of Use or the Web Site shall be construed as conferring any interest or right in or to the Materials. Further, except as otherwise provided herein, no Materials (or portions thereof) may be used, copied, reproduced, distributed or redistributed, published or republished, downloaded, modified, displayed, posted, imitated, adapted, translated, or transmitted in any form or by any means, or sold, offered for sale, licensed or sublicensed, reverse engineered, disassembled, decompiled or incorporated into compilations or used in the creation of derivative works, without our express prior written permission or that of the respective third-party owner.

Subject to your compliance with the foregoing, permission is hereby granted to you to the extent necessary for you to lawfully: (a) access the Web Sites and/or Materials made available on or through the Web Sites; and (b) display, download, archive and print in hard copy portions of the

Web Sites for your personal, non-commercial and informational use only, provided that, you do not: (a) modify the Materials (or any portion thereof), (b) use the Web Sites and/or the Materials in a manner that is fraudulent, libelous, defamatory, tortious, obscene, threatening, abusive, malicious, constitutes or encourages a criminal offense, violates the rights of another (including, without limitation, any copyright, trademark, patent, trade secret, privacy, moral or publicity rights or other intellectual property or proprietary rights of others), or otherwise violates or conflicts with these Terms of Use or any applicable law; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (d) use the Web Sites to interfere, disrupt or attempt to gain unauthorized access to the Materials, other PLCLLC accounts, any restricted portions of the Web Site or any computer network or equipment; (e) use any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Web Sites (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract any Materials or other data from the Web Site); (f) frame or otherwise simulate the appearance or functions of the Web Site (or any portion thereof); and/or (d) remove or alter any copyright, trademark and other proprietary notices and legends contained in the Materials or on the Web Sites (and any printouts thereof). The foregoing permission is for the sole purpose of enabling you to use the Web Site and the Materials as provided on the Web Sites, in the manner permitted by these Terms of Use. We may modify the Materials from time to time, and, you are solely responsible for ensuring that you are using current and permitted Materials only. The foregoing permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any and all downloaded, archived or printed copies of the Materials, and, if requested by us, certify to us in writing that you have complied with the foregoing.

Rights of Others

PLCLLC respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting of it on the Web Sites, then please contact us as indicated below.

Violations

It is the policy of PLCLLC to provide for the termination, in appropriate circumstances, of PLCLLC customers and account holders who repeatedly violate these Terms of Use.

Disclaimer of Endorsement

Any references to business or entities, products, processes, or services, or other organizations or individuals that are included on the Web Site by trade name, trademark or otherwise are provided solely for your information. These references are not intended to reflect the opinions of PLCLLC concerning the importance to be given the referenced business, entity, product, service, organization or individual. Such references, including any that may relate to our Materials, are not endorsements or approvals by IeL, and should not be quoted or reproduced for the purpose of stating or implying endorsement or approval by IeL.

Minors

The Web Sites is a business and commercial site. As such, it is not intended for children or minors.

All personal data provided to us in connection with your use of the Web Sites will be handled in accordance with our Privacy Notice.

No Warranties

WE PROVIDE THE WEB SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE WEB SITES OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE SITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, WE DO NOT WARRANT THAT THE WEB SITES OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE WEB SITES OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE SITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.

Exclusion of Liability

To the fullest extent permitted by applicable law, neither we nor any of our officers, directors, representatives, employees, agents, third-party licensors, suppliers, and contractors shall be liable for any losses and/or expenses of whatever nature, howsoever arising and regardless of the legal theory of liability, including, without limitation, any direct, indirect, special, punitive, incidental or consequential damages, loss of or inability to use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages, expenses or losses and even if an exclusive remedy provided for herein fails of its essential purpose, arising out of or in connection with your access or use of, or inability to use, the Web Sites or the Materials or any web site with which the Web Sites is linked. If you are dissatisfied with the Web Site or any Materials, your sole and exclusive remedy shall be to discontinue use of the Web Site and Materials and terminate these Terms of Use in accordance with its terms. To the maximum extent permitted by law, in no event shall PLCLLC’s or any third-party licensor’s total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited, to negligence) or otherwise) exceed in the aggregate the amount paid by you, if any, for accessing the Website or Materials.

Indemnity and Release

You agree to defend, indemnify, release and hold us harmless as well as our officers, directors, agents, representatives, employees, contractors and third-party licensors from any and all claims, liabilities, losses, expenses or demands, including reasonable legal fees, based on, arising from, or otherwise related to (a) your breach or violation of these Terms of Use; (b) your access or use of the Web Sites or any of the information, materials, products or services made available on or through the Web Sites; (c) any infringement or misappropriation by you of any intellectual property or other rights of PLCLLC or any third party; or (d) any negligence or willful misconduct by you.

Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Web Sites (or any portion thereof) and/or the information, materials, products and/or services made available on or through the Web Sites (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Web Sites.

Entire Understanding

These Terms of Use contain the entire understanding between you and PLCLLC with respect to the Web Sites and your use and access of the Web Sites and of any of the information, materials, data, demos, blogs, products, services and other materials made available on or through the Web Sites.

Applicable Law & Jurisdiction

Access to, or use of, the Web Sites or any information, materials, products and/or services made available on or through the Web Sites may be prohibited by law in certain countries or jurisdictions. You are solely responsible for ensuring compliance with any applicable laws of the country from which you are accessing the Web Sites. We make no representation that the information contained herein is appropriate or available for use in any location.

Any dispute or claim relating in any way to your use of any PLCLLC Service, or to any products or services sold or distributed by PLCLLC .com or the Web Sites will be resolved by binding arbitration, rather than in court. Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use may be taking place or originating.

The rights and remedies provided by these Terms of Use are cumulative and the use of any right or remedy by us shall not preclude or waive our rights to use any or all other remedies.

Contacting Us

If you have any questions regarding these Terms of Use or any other matter, you may contact us by writing to us at Professional Liability Consultants, LLC; 20 Jay Rd.; Sequim, WA 98382 or email us at myproliability@gmail.com