1. About Primary Care Progress and These Terms of Service
Primary Care Progress (hereinafter referred to as “us” or “we”) is a community of providers, trainees, patients, and healthcare systems leaders committed to building stronger primary care teams through leadership development. The Primary Care Progress website aims to provide a supportive community and related services through the domain name http://primarycareprogress.org (the “Site”). These Terms of Service (“TOS”) set forth the legally binding terms that govern your use of the Site.
The Site includes a wide variety of resources including articles, blogs, body of knowledge, videos, photo galleries, and other materials that we put on the Site (the “Primary Care Progress Content”) as well as ideas, suggestions, opinions, comments, and observations made by Visitors, and any text, data, photographs, video, music, sound, chat, messages, files, or other material provided to us or posted on the Site by Visitors (all of which are referred to as “User Content”). When we use the term “Content,” we mean both Primary Care Progress Content and User Content collectively.
If you are a Visitor, by using this Site you are agreeing to be bound by these TOS. If you do not agree to the terms of service, please do not use the site. By using the site you are indicating that you are at least 18 years old. If you are not at least 18 years old, please do not enter the Site.
2. About What’s on Our Site
Please remember the following with respect to what is on our Site:
Products. Third parties may not advertise or promote certain products or services on the Site unless given permission in an advance arrangement with Primary Care Progress. Descriptions, images or listings of, or links or references to, products or services on the Site do not imply Primary Care Progress’ endorsement of such products or services. Primary Care Progress is not responsible in any manner for such third party products and services.
Sweepstakes, Contests, and Games. Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules, which are linked from the particular activity. By entering such sweepstakes or contests or participating in such games you are subject to those rules – please remember to read them carefully.
Linked Sites. The Site may provide links to other internet websites or resources (“Linked Sites”). Primary Care Progress neither controls nor endorses such Linked Sites, nor have we reviewed or approved any content that appears on such Linked Sites. Primary Care Progress is not responsible in any manner for any content, advertising, products, or other materials on or available from any Linked Sites, and Primary Care Progress shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, and services available on or through any Linked Site.
Monitoring. We have no obligation to monitor, filter, or pre-screen User Content, websites linked to by our Users, comment sections, or any other materials that you or third parties transmit to or post on the Site. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site, including User Content.
Disclaimer Regarding Professional Advice. Your use of the Site is at your own risk. Primary Care Progress Content contains information, data, advice, text, and other materials compiled from a variety of third party sources. Primary Care Progress in no way endorses any of these materials, which are provided for your convenience, and are solely intended to broaden user understanding and knowledge of remote support topics.
3. Restriction on Political Activities and Lobbying
Primary Care Progress (PCP) is a 501(c)(3) public charity. Federal law strictly prohibits 501(c)(3) organizations from engaging in political or partisan activity in support or opposition to a candidate. While Federal law allows 501(c)(3) public charities to engage in limited lobbying activities, in order to protect PCP and ensure it is not engaging in any activity that might jeopardize its 501(c)(3) status, PCP has made the determination not to engage in lobbying. Therefore, PCP will not engage in political activity, political discourse, or lobbying, nor endorse activities that are political or partisan in nature, nor use the PCP brand as a mechanism to organize or advance political, partisan, or lobbying activities.
Any political, partisan, or lobbying efforts are not permitted by PCP and must be conducted on personal time and without the public endorsement or resources of PCP.
PCP respects and admires the passion for our shared values that individuals affiliated with PCP have demonstrated. As you continue to express your perspectives in ways both public and private, we ask that you also respect the limitations of our legal status as a nonpartisan, nonprofit organization to ensure that PCP can continue to work to strengthen the community at the heart of care.
To provide some more applied specifics:
- Provide materials, funds, or organizational resources for use in activities that express a view on political candidates or on specific legislation.
- Be a participate in activities that express a view on political candidates or on specific legislation.
- Use PCP materials, funds, or organizational resources to express a view on political candidates or on specific legislation. For example, a PCP chapter may not engage or collaborate with a partisan group, like a political organization at your school, to participate in political activity or to express a view on specific legislation.
- Use PCP materials, funds, or organizational resources to discuss topics or engage in activities that are in keeping with PCP’s mission and do not express a view on political candidates or on specific legislation. For example, you can discuss the need for primary care providers, the need for educational reform, or the need for more community engagement.
- Engage in political activities and lobbying on your own time and independent of PCP resources or name.
The remainder of this section addresses criteria on lobbying as set by the IRS.
What is Counted as Lobbying
Congress provides guidance to 501(c)(3) organizations on activities classified as lobbying. This guidance is found within the “501(h) Expenditure Test,” and describes the two different types of lobbying: direct lobbying and grassroots lobbying.
Direct Lobbying: communication with a legislator that expresses a view on specific legislation.
All of these elements must be present to be considered Direct Lobbying:
- Communication: letter, email, fax, conversation (in person or by phone), Twitter, Facebook, or other creative mechanism to convey a message; and
- With a Legislator: a member of a legislative body or staff, or executive branch officials who participate in the formulation of legislation; and
- That Expresses a View: supports or opposes in whole or in part; and
- On Specific Legislation: legislation that has been introduced in a legislative body, or exists in some form that could be proposed, even if no actual legislation has been introduced. Legislation is defined as action by a legislative body including the introduction, amendment, enactment, defeat, or repeal of acts, bills, resolutions, appropriations, and budgets. Also included are the U.S. Senate confirmations of executive and judicial branch nominees and proposed treaties that need U.S. Senate approval.
Grassroots Lobbying: communication with the public that expresses a view on specific legislation and includes a call to action.
All of these elements must be present to be considered Grassroots Lobbying:
- Communication: letter, email, fax, conversation (in person or by phone), Twitter, Facebook, or other creative mechanism to convey a message; and
- With the Public: anyone, except legislatures or members of your organization (the definition of “members” here typically includes only closely related or dues-paying members; since PCP’s members are very loosely affiliated and do not pay dues, communications to our members would be considered the same as communications to members of the public, so it would be grassroots lobbying); and
- That Expresses a View: supports or opposes in whole or in part; and
- On Specific Legislation: legislation that has been introduced in a legislative body, or exists in some form that could be proposed, even if no actual legislation has been introduced. Legislation is defined as action by a legislative body including the introduction, amendment, enactment, defeat, or repeal of acts, bills, resolutions, appropriations, and budgets. Also included are the U.S. Senate confirmations of executive and judicial branch nominees and proposed treaties that need U.S. Senate approval; and
- Includes a Call to Action: asks a recipient to contact a legislator; provides information on contacting a legislator; provides a mechanism for contacting a legislator; or identifies a legislator by view, by committee, or as the recipient’s legislator.
Political Activity: Political activity is distinct from “lobbying,” and involves written or oral statements in support of or in opposition to a candidate, or engaging in partisan politics. This activity is strictly forbidden for 501(c)(3) organizations. PCP staff as well as individuals affiliated with PCP (e.g., chapters, faculty advisors, etc.) must be clearly advised that any political activity by or in the name of PCP is strictly forbidden.
4. Comment Sections Rules of Conduct and User Content
Primary Care Progress hosts comment sections on the Site. Members are expected to abide by the Rules of Conduct set forth below. If you fail to comply with the Rules of Conduct or these Terms of Service your access to the comment sections may be terminated.
We may remove any User Content and/or disclose such User Content and the circumstances surrounding its transmission to any third party in order to: (a) operate the Site properly; (b) to protect ourselves, our sponsors, and Visitors; and (c) comply with legal obligations or governmental requests. You agree that any User Content posted to the Site is the sole responsibility of the individual who originally posted the User Content, and that your sole recourse for any damage you may suffer as a result of such User Content shall be to such individual.
Rules of Conduct:
- Primary Care Progress’ core values include a focus on equity and inclusion that champions a system of care that welcomes and respects all. That equally applies to this website.
- You are responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor any disputes between you and other users.
- These guidelines apply to all content you contribute.
- User content reflects the opinions and experience of those users, not Primary Care Progress.
- We reserve the right to remove any content that does not abide by these guidelines.
- Be sincere in your contributions. Post with purpose – to inspire, enable, or share with fellow users.
- Respect that other people have different points of view, culture, and experiences. Don’t take things personally and get to the ‘must look at pictures of kittens to calm down’ stage.
- Give feedback to your fellow users, and us, in a helpful and constructive manner.
- Lead by example. Add positive content that shares your opinion and experience, especially content that you think will be helpful to others.
- Be aware you may be misunderstood. Be clear about what you are saying. People may understand your contribution differently than you intended (e.g., tone of voice (sarcasm, humor, etc.) doesn’t always come across in text).
- Report problems by emailing email@example.com to alert us to problem content or users.
- Keep it legal. Don’t get yourself into trouble by defaming others, posting objectionable content or other people’s private information, or plotting illegal activities.
- Use common sense and balance when seeking advice. Inquiries around subjects like health, safety, and legal matters may be better answered elsewhere.
- Be safe and smart when sharing personal information. Don’t let people know when your entire family is going to be out of town and where you live. Use common sense when meeting other members. We’d hate to hear of anything bad happening when people meet up, but we can’t be responsible for the actions of users.
- Create content of a discriminatory, hateful, threatening, or derogatory nature. Rich debate is wonderful, and you can do it without being offensive, humiliating or intimidating based on:
- race, color, ethnicity, nationality, or physical characteristics
- gender or sexual orientation
- religion or non-religious viewpoints (i.e., secular humanism, atheism)
- political opinion
- socio-economic status
- physical, mental, or intellectual disability/impairment
- the ways people express themselves (people come from different cultures)
- profession or stage of training
- Create content which would be reasonably classified as exclusively ‘adult’ and restricted accordingly (such as pornography or graphic violence).
- Defame, harass, flame, or hold grudges. You’ll participate better without a chip on your shoulder.
- Misrepresent Primary Care Progress or our staff. We acknowledge criticism of our content, but for the sake of robust debate we will distinguish between constructive, focused arguments and smear tactics.
- Impersonate another person, including Primary Care Progress staff, trainers, mentors, or blog authors, or other site users.
- Advertise commercial products or services – or openly accuse others of the same. We don’t mind if you include links to your personal blogs or websites. But commercial solicitation, or contributions solely designed to plug your traffic, aren’t acceptable.
- Be or feed a troll. Trolls post messages or content deliberately designed to get the blood boiling. Replying to or arguing with a troll is feeding. The best pest control is to ignore.
- Use excessively coarse language. Humans swear. But go easy on the sailor speak or we’ll have to tone you down. Remember, even if it’s not offensive to you it might be to other people.
- Discuss how to commit illegal activity (e.g., buying drugs, avoiding visa restrictions, ticket scalping). It’s OK to talk about the existence of these things, but don’t advise how and where to do them.
- Be a know-it-all. Show off your insights, not your attitude.
5. Photo Subject Take Down Requests
Primary Care Progress does not endorse any Content submitted to the Site by any User, or any opinion, recommendation or advice expressed therein, and Primary Care Progress expressly disclaims any and all liability in connection with User Content. Due to the nature of photographs and videos, images of third parties may be captured in public settings where it is not feasible for the photographer to obtain the consent of all subjects depicted. Third parties who believe they are harmed by Content uploaded or posted on the Primary Care Progress Site (“Photo Subject Requesters”) may contact us and request that the particular Content be taken down (“Take Down Request”). Take Down Requests must include enough information about the particular Content in question for Primary Care Progress to identify the Content, including (i) the URL(s) at which the Content is posted, (ii) the User who posted the Content (if applicable) and (iii) the name/title of the Content, if any. Primary Care Progress will respond to reasonable Take Down Requests in its sole discretion.
TAKE DOWN OF THE PHOTOGRAPH(S) IN QUESTION SHALL BE THE SOLE REMEDY FOR PHOTO SUBJECT REQUESTERS.
6. Changes to These Terms of Service
Primary Care Progress reserves the right at any time to: (a) change the terms and conditions of these TOS; (b) change the Site, including eliminating or discontinuing any particular type of Content on or feature of the Site; or (c) change any fees or charges associated with use of the Site or for any products or services offered for sale or otherwise available on the Site. Any changes we make will be effective immediately upon notice, which we may provide by posting the changes on the Site or via electronic mail. Your use of the Site after such notice will be deemed an acceptance of such changes. Be sure to review this TOS periodically to ensure familiarity with the most current version.
7. Jurisdictional Issues
Primary Care Progress makes no representation that materials on the Site are appropriate or available for use in locations other than the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.
Primary Care Progress, in its sole discretion, may terminate your use of the Site, and remove and discard any Content within the Site, at any time and for any reason.
9. Proprietary Rights
Primary Care Progress Content includes proprietary and confidential information that is protected by applicable intellectual property and other laws, and that is the property of Primary Care Progress or Primary Care Progress’ licensors. Content contained in advertisements is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
By sending us User Content in any form and/or by posting User Content to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import such User Content and other materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. However, after posting User Content, you continue to retain your ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. However, in no event shall Primary Care Progress have any obligation to pay a fee to a Visitor in connection with any transfer of Primary Care Progress’ business, including without limitation any merger or sale or transfer of all or substantially all of the assets of Primary Care Progress.
10. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Primary Care Progress infringe your copyright, you, or your agent, may send Primary Care Progress notice requesting that the material be removed or access to it be blocked with the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site. Providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Primary Care Progress’ Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Primary Care Progress, 1035 Cambridge St., Suite 28A, Cambridge, MA 02141. Our Copyright Agent for notification of claimed infringement can also be reached electronically by sending an email to firstname.lastname@example.org. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Primary Care Progress actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Primary Care Progress a counter-notice. All notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
12. Disclaimer of Warranties
THE SITE, THE CONTENT, ALL TOOLS, PRODUCTS, OR SERVICES DISPLAYED ON, OR ACCESSED OR OBTAINED ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Primary Care Progress and its affiliates, suppliers, and agents do not warrant that your use of the site and access to and use of Content and all tools will be uninterrupted, error-free, or secure, that any information obtained therein is accurate, reliable, or complete, that defects will be corrected, or that any software, the Site, or the server(s) on which the Site is hosted are free of viruses or other harmful components. Your use of the Site and any information or materials provided on or through the Site is entirely at your own risk.
13. Limitation of Liability
Primary Care Progress does not endorse any Content submitted to the Site by any User, or any opinion, recommendation or advice expressed therein, and Primary Care Progress expressly disclaims any and all liability in connection with Member Content. Neither Primary Care Progress nor its suppliers, agents, or sponsors are responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive, or other damages under any contract, negligence, strict liability, or other theory arising out of or relating in any way to (i) the use of or inability to use the Site; (ii) any Content contained on the site; (iii) statements or conduct on the Site; (iv) any product or service purchased or obtained through the Site; (v) any action taken in response to or as a result of any information available on the Site; (vi) any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any User Content; or, (vii) any other matter relating to the Site. Your sole remedy for dissatisfaction with the Site is to stop using the Site.
Take down of Content shall be the sole remedy for Photo Subject Requesters, as provided in Section 2.
You agree to indemnify, defend, and hold Primary Care Progress and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives, as well as suppliers involved with the Site, harmless from and against any and all claims, damages, losses, costs, or expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from (a) your breach of these TOS, including any violation of the Rules of Conduct, (b) any allegation that any User Content that you submit to Primary Care Progress infringes or otherwise violates the copyright, trade secret, trademark, or other intellectual property or privacy rights of a third party, and (c) your activities in connection with the Site. Primary Care Progress shall give you timely notice of and shall have the option to undertake and conduct the defense of any such Third Party Claim, if you are not diligently prosecuting such defense.
15. Other Information
The TOS constitute the entire agreement between you and Primary Care Progress and supersedes any prior agreements between you and Primary Care Progress. The TOS and the relationship between you and Primary Care Progress shall be governed by and construed in accordance with the laws of the State of Massachusetts without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Middlesex in the State of Massachusetts and any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Primary Care Progress to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this TOS and shall not affect the validity and enforceability of any remaining provisions. The section titles in the TOS are for convenience only and have no legal or contractual effect. This TOS is not assignable, transferable, or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach of default.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: “The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916-445-1254 or 800-952-5210.”