Physician Cognition, Inc. (“PC”) operates the website located athttp://www.PhysicianCognition.com and the Xebra™ apps (collectively, the “Site”) to facilitate your access to health and cost-related information contained in our diagnostic search engine (the “Service”), and to provide other information about PC and its products and services.
By using this Site or any of its tools, products, or services, you signify your acceptance of these Terms and Conditions. If you do not agree to all of these Terms and ConditionsYou are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular transactions may also be posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the Site. User Representation
You represent and warrant that you are at least 18 years of age and possess the legal right and ability to agree to these Terms and Conditions and to use this Site in accordance with these Terms and Conditions. You represent and warrant that any information you provide in using the Services or the Site will be truthful, honest and complete and will not contain any inaccuracies, including but not limited to any inaccuracies resulting from the omission of relevant information. By completing a PC transaction you are consenting to truthfully completing questions to the best of your knowledge and ability. If you do not know the answer or how to answer a question (or if you do not understand what is being asked) stop using the Service and immediately contact an available health care provider.
PC may revise, modify, or amend these Terms and Conditions at any time. Any such revision, modification or amendment shall be effective immediately upon either posting it to the Site or notifying you. You agree to review these Terms and Conditions periodically to ensure that you are aware of any changes. Your continued use of this Site will mean you accept those changes.
PC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part thereof, of our Content, with or without notice.
We have organized the Terms and Conditions under the following topics:
1. THE SITE DOES NOT PROVIDE MEDICAL ADVICE
2. CHILDREN’S PRIVACY
3. USE OF CONTENT
4. LIABILITY OF PC AND ITS LICENSORS
5. SPONSORING ORGANIZATIONS
6. USER SUBMISSIONS
8. SOCIAL MEDIA, CROWD-SOURCING, AND MEMBER-TO-MEMBER AREAS (“PUBLIC AREAS”)
9. INTELLECTUAL PROPERTY
10. LINKING TO US
11. TERMINATION OF SERVICE
16. COMPLETE AGREEMENT
17. QUESTIONS OR COMMENTS
The contents of this Site, such as text, numbers, statistics, graphics, images, tools, products, services and other material contained on the Site (collectively, “Content”) is provided by PC and its licensors for informational purposes only. Nothing contained in the Content is intended to be conclusive medical advice or instructions for medical diagnosis or treatment. The Content furnished on this Site is not intended to be complete, to suggest or recommend a course of treatment, or to replace personal consultation with a qualified health care professional (or your own judgment, if you are such a professional). If you are using the Site to obtain information for another person, you acknowledge that the Content is not intended to replace your own judgment, and that you will not use or claim such use.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health or medical condition. Never disregard, avoid, or delay obtaining professional medical advice from your doctor or other qualified health provider because of something you have read on this Site.
PC does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that is mentioned on the Site. Reliance on any information provided by PC, PC employees, others appearing on the Site at the invitation of PC, or other visitors to the Site is solely at your own risk. The Site may contain health or medical related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
THE SERVICE AND CONTENT IS NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY, OR LIFE THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.
The medical information provided through the Site is based on your personal health data as provided by you and the standards of care for your presenting symptoms based on your use of the Service. If at any time you are concerned about your care or the treatment prescribed through the Site, or you believe or someone else advises you that you have or suspect that you have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest open clinic or emergency room.
Any opinions expressed on the Site are the opinions of the individual author, not of PC. Reliance on any information provided by PC, PC employees, others appearing on the Site at the invitation of PC, or other visitors to the Site is solely at your own risk. This Site may contain health information or medical-related materials that include images or descriptions of human anatomy. If you find these materials offensive, you may not want to use the Site.2. PRIVACY and USE for or by CHILDREN
We are committed to protecting the privacy of children. Neither PC nor any of its services are intended or designed to attract children under the age of 13. We do not collect Personally Identifiable Information from any person we actually know is a child under the age of 13. A parent or guardian, however, may use the SIte to establish a personal health record for a minor. The parent or guardian is solely responsible for providing supervision of the minor’s use of the Site. The parent or guardian assumes full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate. The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through PC for the minor. As of February 19, 2015, the Site is not designed to provide meaningful results for children under the age of 15.3. USE OF CONTENT
PC authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © 2012-2015, Physician Cognition, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with PC or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and
Conditions and may violate copyright, trademark, and other laws. Content and features of the Site are subject to change or termination without notice at the editorial discretion of PC. All rights not expressly granted herein are reserved to PC and its licensors.
You agree not to use the Site for any commercial purposes, including any advertisement, commercial solicitation, or promotion of any specific goods or services.
You agree not to collect or use any information or other data available via the Site inappropriately, such as by harvesting information beyond that relevant to your individual use of the Site, or by using such information in any way.
You may not distribute, modify, copy (except as set forth in these Terms and Conditions), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, translate, sell, reverse engineer, decompile or disassemble, or otherwise use the Site or the Content, except as specifically authorized in the Terms and Conditions, without PC’s written permission.
You agree not to use the Site to post or transmit any threatening, harmful, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
You agree not to incorporate any code into the code of the Site or to use the Site to post or transmit any virus, worm, Trojan Horse, time bomb, spyware, bot, tracking device, screen scraping software or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use or operation of the Site or any user of the Site.
You agree not to restrict or inhibit any other person from use of the Site. You agree not to interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies or regulations of such networks.
You agree not to use the Site to harvest or collect personally identifiable information about users of the Site.
You agree not to use the Site to disrespect or violate the privacy or views of others.
You agree not to use the Site to impersonate another person, or a medical provider, or to supply false information about yourself or another person.
You agree not to allow any other person or entity to use your identification to post or view comments or to otherwise access or use the Site.
You agree not to post material on the Site that infringes on the copyright or other intellectual property rights of others, or the privacy, publicity, or other personal rights of others.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.4. LIABILITY OF PC AND ITS LICENSORS
The use of the Site and the Content is at your own risk.
When you are using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of PC and its suppliers. Accordingly, PC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Site.PC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICE AND THE CONTENT. PC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. PC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT. PC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF VIRUSES OR OTHER MALICIOUS CODE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. PC DOES NOT WARRANT THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Without limiting the foregoing, PC, its licensors, and its Content suppliers make norepresentations or warranties about the following:
1. The accuracy, reliability, completeness, usefulness, adequacy, suitability, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or in newsletters and other products and services from PC or its licensors;
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site;
3. That the Content is free from errors and omissions; and
4. That data flowing to and from the Site or PC (regardless of the means) will not be delayed, interrupted or experience losses of data, or that files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses or other code with destructive properties.
5. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL PC BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO direct, indirect, incidental, consequential, or punitive damages ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF PC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR THE Terms and Conditions, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. PC IS NOT LIABLE TO ANY USER OR PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR CONTENT DISPLAYED OR PROVIDED IN THIS SITE. PC is not liable to any user or person for any harm caused by the negligence or misconduct of a provider selectedon the Site. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PC’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $1,000.00. ANY CLAIM ARISING FROM THE USAGE OF THIS SITE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.In no event shall PC, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not PC is advised of the possibility of such damages.
PC shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500. PC is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.Force Majeure .
Any failure of PC to perform or delay in the performance of PC’s obligations under these Terms and Conditions due to any cause or event not reasonably within PC’s control, including but not limited to casualty, labor disputes, failure of equipment or carriers or utilities, compliance with governmental authority or Act of God, shall not constitute a breach of these Terms and Conditions, and PC’s performance shall be excused during such period of delay.5. SPONSORING ORGANIZATIONS
If you are accessing the Site through a sponsoring organization’s site, the sponsoring organization may have a separate registration process in addition to the PC registration. PC encourages you to read your sponsoring organization’s disclosure statement, which may include, among other things, a description of their business practices relating to collection and use of your personal data.6. USER SUBMISSIONS
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. For clarity, quotations or other media, borrowed in reasonable amounts and shared for academic, educational, or instructional purposes,
may qualify for the “fair use” exemption to copyright laws. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.If you make any such submission, you agree that you will not send or transmit to PCby email (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to PC by email, you agree such submission is non-confidential for all purposes.
If you make any submission to the Site or if you submit any business information, idea, concept, or invention to PC by email, you guarantee that you have the legal right to supply such material and that it will not violate any law or the rights of any person or entity. You further automatically grant–or warrant that the owner of such content or intellectual property has expressly granted–PC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form, format, or forum now known or hereafter developed. PC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Site or to PC by email.7. PASSWORDS
The Site allows you to record and store information. For example, the Site allows you to record information in a Personal Health Record, on a voluntary basis, on servers maintained by PC or on its behalf. The Site is structured to allow access only to registered visitors who have a valid user ID and password. When registering for tools on the Site, you will establish a PC account with your own unique password. You agree to maintain the security of your user identification, password and other confidential information relating the use of your PC account and to be responsible for all charges, if any, resulting from use of your PC account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your PC passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your PC account and password; (3) promptly inform PC of any need to deactivate a password. You grant PC and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. PC cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using PC tools and services.8. SOCIAL MEDIA, CROWDSOURCING, and MEMBER-TO-MEMBER AREAS(“PUBLIC AREAS”)
If you use a Public Area, such as a chat room, feedback or voting system, comment area, bulletin board, or community, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. PC is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by PC in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person, or claiming medical credentials or expertise you do not have;
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including email addresses, without their consent;
10. Allowing any other person or entity to use your identification for posting or viewing comments;
11. Posting the same note more than once or “spamming”; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of PC, exposes PC or any of its customers or suppliers to any liability or detriment of any type.
1. Record the dialogue in Public Areas;
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
3. Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
4. Terminate a user’s access to any or all Public Areas and/or the Site upon any breach of these Terms and Conditions;
5. Monitor, edit, or disclose any communication in the Public Areas; or
6. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.
PC reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. PC has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
The Service, the Site, and all Content (for this section 9, collectively, “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to PC or its partners, affiliates, contributors or licensors. The use or misuse of the Content, except as provided in these Terms and Conditions or in any additional terms and conditions applicable to specific areas of the Site, is strictly prohibited. You may use the Content solely for your personal, non-commercial use as follows: You may print copies of the information on the Site (including screenshots) for your personal use, store the files on your computer for personal use, or reference this server from your own documents. You may not otherwise copy, distribute or display any Content without express written consent from PC. Subject to the limited license granted herein, PC reserves all right, title and interest in all Content. If any portion of the Terms and Conditions is violated, the limited license for your usage of this Site is revoked, and all Content in your possession must be deleted or destroyed. With the exception of the personal use described above, no Content may be reverse-engineered, decompiled, disassembled, reproduced, retransmitted in any form or by any means (electrical, mechanical, photoreproduction, recordation or otherwise), stored in a retrieval system, translated into a computer language or other language, transcribed, resold, or redistributed without prior express written consent by PC.
We own the Physician Cognition logo and all the names we use for our products and services on the Site, including but not limited to Physician Cognition™, DrYou™, True Closure™, and Continuous Pursuit™, and these names are protected by trademark laws in the U.S. and internationally. An ® following a name on our site indicates that the trademark has been registered in the United States. All trademarks are the property of their respective owners. If your activities are noncommercial, you may make use of our trademarks by linking to us or discussing us with others, as long as you make it clear that we are the owner of the trademark. Any other uses of our trademarks require our prior written approval.
You may not use PC’s trademarks in any of the following ways:
1. In a non-PC product name or publication title;
2. Within or as part of your own trademarks;
3. To identify non-PC products or services;
4. In a manner which will likely cause confusion;
5. In a manner that implies that PC sponsors, endorses or is otherwise connected with your own activities, products, or services; or
6. In a manner that disparages PC.
Links to Us . Usually, we don’t mind if you have a simple link from your Site to ours. However, you must first ask our permission if you want to incorporate our logo as a part of the hyperlink or if you intend to frame our Site or incorporate pieces of it into a different site or product in a way that is not clear to our users. You are not allowed to link to us if the linking site engages in illegal, obscene, or offensive content, or if thelink in any way has a negative impact on our reputation.Links to Third Party Sites.
You agree that if you violate these Terms and Conditions, your permission to use this Site automatically terminates. You also agree that PC may, at its sole discretion, terminate your access to this Site, or any portion thereof, or discontinue providing the Site, or any portion thereof. Further, you agree that PC is not liable to you or any third party for any such termination or discontinuance.12. INDEMNITY
You understand and agree that you are personally responsible for your behavior on the Site and for your use of the Content. You agree to indemnify, defend and hold harmless PC, its subsidiaries, affiliated companies, joint venturers, business partners, providers, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use of or inability to use the Site, the Service, or the Content, any violation by you of these Terms and Conditions, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Site or Service through your user account.13. NOTICE
If you register for services or tools on the Site, you agree to keep your contact information, such as email address, accurate and up-to-date so that we can contact you regarding our policies. Failure to have accurate contact information may affect our ability to provide you notice.14. GENERAL
PC makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. For purposes of these Terms and Conditions, the term PC shall include PC, its parent, subsidiaries and affiliates and their directors, officers, employees, agents, and contractors. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, General, Jurisdiction, and Complete Agreement.15. JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with PC, or in any way relating to your use of the Site, resides in the courts of the State of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute including any claim involving PC, its parent, subsidiaries and affiliates, licensors and suppliers, and their directors, officers, employees, agents, and contractors.
These Terms and Conditions are governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.16. COMPLETE AGREEMENT
If any part of these Terms and Conditions is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party’s rights under these Terms and Conditions are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of these Terms and Conditions an enforceable provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.17. QUESTIONS OR COMMENTS
Questions or comments regarding these Terms and Conditions or the Site, including any reports of non-functioning links, should be directed by electronic mail to email@example.com or via U.S. mail to PC at 228 Park Avenue South #22, New York, NY 10003. We try to answer every email within 48 business hours, but are not always able to do so.Personal Information and Privacy Statement
Email, text messages, Internet transactions or other electronic communications between you and PC may not be secure. While certain communications are performed through a Secure Sockets Layer (SSL) connection, not all communications between you and PC are encrypted. PC is not responsible for any interception or disclosure of personal information that may occur as the result of any electronic communications in using the Services. Please consider these facts before sending PC any personal or confidential information or utilizing the Services which may result in personal or confidential information being transmitted by PC to you. PC may monitor, record, collect and use for any lawful purpose information generated through your use of the Site. PC’ collection and use of such information is described in PC’ Privacy Statement. Your obligations under these Terms and Conditions are in no way conditioned on PC’ compliance with the terms of the Privacy Statement.