1. User’s Acknowledgment and Acceptance of Terms
- references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers and directors; and
- references to “content” include any information, data, communications, software, text, images, photos, video, graphics, music, sounds, and other material and services that can be viewed or used by users of the site, including, without limitation, comments, discussion groups, and other original content.
2. Intended Purposes of the Site.
The primary purposes of the site are as follows:
- To enable ClickMedix Mobile-Web Service (“ClickMedix”), a service developed and owned by us that facilitates communications between patients and doctors and among health providers using cellular telephone mobile handsets and the internet to manage the health of patients. The health consultations are enabledby ClickMedix-Web, a web application that operates through the web site, andClickMedix-Mobile, a wireless, mobile handset application, in the following manner:
- Health providers, including nurses and other health workers, or patients (collectively, “Requesters”) initiate remote consultation requests by capturing and transmitting patient health information directly through ClickMedix-Web or through ClickMedix-Mobile;
- Qualified medical consultants (“Responders”) respond to consultation requests with a suggested diagnosis and treatment plan, or ask for additional information through ClickMedix-Web or through ClickMedix-Mobile;
- Requesters receive consultation responses from Responders via ClickMedix-Web or ClickMedix-Mobile. Requesters supply any needed additional information to Responders and take any suggested diagnosis or treatment plan as advice. When a Requester is a health providers, rather than a patient,such Requester is responsible for determining the appropriate treatment plan for the patient, which may include a physical referral the Responder; and
- Facilitated by ClickMedix, Requesters and Responders can remain in communication allowing Responders to provide follow-up and ongoing advice. Patients can also remain in communication with health providers serving as Requesters;
- To otherwise enable health providers, including any staff, interns or trainees, to communicate and collaborate in determining treatment plans for patients;
- To enable health providers to generate reports related to patients;
- To enable us, researchers and educatorsto collect de-identified patient information and aggregate usage date for educational and research purposes; and
- To enable administrators of facilities with which non-patient Requestors and Respondersare affiliated to manage ClickMedix users and user groups within their facility.
3. Permitted Uses of the Site
We make various services available as part of the site including, but not limited to, ClickMedix (as enabled by ClickMedix-Web, ClickMedix-Mobile), and other like services (collectively, the “Services”). You are responsible for providing, at your own expense, all equipment necessary to use the Services, including a mobile phone, computer, and internet access (including payment of all fees associated with such access).
4. Prohibited Uses of the Site
You are solely responsible for the substance of your communications through the site. Except as expressly set forth under “Permitted Uses ofthe Site,” any other use of the site is prohibited without first obtaining written permission from us. Without limiting the generality of the foregoing, users of the site may not:
- upload, share, post, transmit or otherwise distribute or facilitate distribution of any content that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’sprivacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
- victimizes, harasses, degrades, defames or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; or
- impersonates any person or entity, including any of our employees or representatives;
- make unsolicited offers or proposals to other users, including but not limited to any unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- defraud other users;
- knowingly damage or interfere with the operation of or any user’s enjoyment of the site, by any means, including but not limited to uploading or otherwise disseminating viruses, worms or other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, damaging or obtaining unauthorized access to any data or other information of any third partyor making repeated or automated “hits” on the web site with the intention or likely impact of causing delay or loss in availability of the site;
- disable, circumvent, avoid, bypass, remove, deactivate, impair or otherwise interfere with security-related features of the site, features that enforce restrictions or limitations on use of the site or our software, or prevent or restrict use or copying of any content or other material accessible through use of the site;
- use the site to download any file or other content posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed and/or distributed in such manner;
- access or use the site in violation of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or any rules or regulations promulgated thereunder,any local, state, national, or international law, regulation or order, including, without limitation, those governing labor and employment, data protection and privacy;
- use your account to breach security of another account or attempt to gain unauthorized access to another network or server;
- use any other user’s account at any time without such user’s permission;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, underlying or in any way contributing to the site; or
5. Consequences of Unacceptable Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason. Without limiting the foregoing, any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship with us and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Without limiting the foregoing, we reserve the right to terminate or suspend access to all or part of the site with or without notice to anyone whom we become aware is using the site in violation of HIPAA or copyright law. IT IS YOUR SOLE RESPONSIBILITY TO USE THE SERVICES IN COMPLIANCE WITH HIPAA AND ANY RULES OR REGULATIONS PROMULGATED THEREUNDER AND ALL APPLICABLE COPYRIGHT AND OTHER LAWS.
You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations
6. Registration Data andPrivacy
7. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Furthermore, you are entirely responsible for any and all activities that occur through your account, whether used by you or by someone who has obtained your account information from you. You must notify us immediately of any unauthorized use of your account or any other breach of security.
8. Third-Party Statements, Opinions, Content and Conduct
We are not responsible for any opinions, advice or statements made or content provided by third parties. We neither endorse nor assume any liability for any content uploaded, transmitted or submitted by or any conduct of users of the site. Except as required by law, we do not pre-screen, monitor, or edit the content uploaded, transmitted or submitted by users of the site, although we reserve the right to do so.
9. Third Party Web Sites and Content
The web site may link you to other web sites on the Internet or otherwise include references to content and/or services provided by third parties. These other web sites, content, services and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect thereof or for errors or omissions in any references thereto. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the web site, content, service or party by us, or any warranty of any kind, either express or implied.
10. Inbound Linking, Framing, and Metatags
We grant you permission to may make referential links to any of the publicly accessible web pages on theweb site that are not password protected. This permission may be unilaterally rescinded by us at any time and for any reason. Please be aware that we continually update and revise the web site. We do not accept responsibility for ensuring that any page to which you may provide a link will remain available or that its content will remain the same. You may not link to the web site in any way that might lead others to believe that the web site, any of its contentor any of the Services were created or are operated or offered by you or any party other than us. Unless you have entered into a separate written agreement with us permitting you to do so, you may not frame or otherwise display any portion of the web site or any of its content, nor may you place any text or other content on your web site in a manner that states or implies that there is any association between you and us. You may not use any of our trade names, trademarks or any of the textual content of theweb site as metatags in your own web site, unless we have granted you a license explicitly permitting you to do so.
11. Intellectual Property Information
Neither we nor our Affiliates warrant or represent that your use of any content displayed on the web site or obtained through use of the sitewill not infringe the rights of third parties. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
The following are registered trademarks, trademarks or service marks of us and our Affiliates: Mobile Healthcare by Experts; ClickMedix; ClickMedix-Mobile; ClickMedix-Web; ClickMedix Mobile Telehealth Platform, Quality Healthcare Is a Click Away. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of us or our Affiliates.
12. Patient Information
We may use de-identified patient information that is not “protected health information” or “electronic protected health information” (as those terms are used in the HIPAA Privacy and Security Rule) and that is collected through use of the siteby users for educational and research purposes or to improve the quality and performance of ClickMedix. Any other patient information will remain the property of such patient and will not be used by ClickMedix for any purpose.
13. Use of Non-Confidential Information
Except for personal information and identifiable patient information, any communication, material or other content that you transmit through the site or to us, whether by electronic mail, post, forum, blog, discussion group or other means, for any reason, is transmitted by you on a non-confidential basis and will be treated as non-confidential and non-proprietary. While you retain all rights in such content, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such contentfor any purpose whatsoever, including commercialization of any ideas or information contained in such content or the disclosure, reproduction, publication, broadcast and/or posting of such content, regardless of the form or medium (now known or not currently known) in which it is used and without any financial or other obligation to you.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
14. Unauthorized Use of Materials
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent for Claimed Infringement via email at firstname.lastname@example.org immediately. To be effective, the notification must:
- identify in sufficient detail the copyrighted work that you believe has been infringed upon;
- identify the material that you claim is infringing upon such copyrighted work;
- provide information reasonably sufficient to permit us to contact you (email address is preferred);
- provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- include one of the following statements: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law,” or “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- be executed by you;
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
15. Risks of Internet Communications
Users of the site understand that the Internet is a publicly accessible medium and that communications between or among users orbetween any user and us over the Internet are inherently insecure, and may therefore be subject to the risk of being viewed by other parties. You accept all risks relating to any transmissions of information or content to usor any third party over the Internet.
16. Disclaimer of Warranties
THE SITE AND ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THROUGH SITE, US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, CONTENT, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through the site often represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized ClickMedix, LLC spokesperson speaking in his/her official capacity.
You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the site, and therefore, delays and disruption of other network transmissions are completely beyond our control.You further understand and agree that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. Limitation of Liability
IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE WEB SITE.
FURTHER, WE WILL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY INFORMATION, GOODS AND SERVICES OFFERED THROUGH THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. Limitations on Amount of Liability
IN NO EVENT WILL WE AND OUR AFFILIATES BE LIABLE WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE FOR MORE THAN ONE THOUSAND UNITED STATES DOLLARS (US$1000), OR, IF SUCH LIMITATION ON LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW, THEN THEIR AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
20. Participation in Promotions
From time to time, the web site may include informationoffered by third parties. You may enter into correspondence with or participate in promotions of third parties showing their information on the web site. Any such correspondence, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the third party. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
21. E-mail, Messaging, Blogging, and Chat Services
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
22. International Use
Although the site may be accessible worldwide, accessing it from territories where any content is illegal is prohibited. Those who choose to access this site from locations outside the United States are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
23. Governing Law and Dispute Resolution
All notices to a party will be in writing. Notices to us must be sent via email to the attention of Customer Service at email@example.com. Notices to you may be sent via email or conventional mail at an address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts will constitute notice to you at the time of sending.
25. Entire Agreement
26. Waiver and Limitations
No delay or failure to take any action or exercise any right that we may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by us.Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
30. Force Majeure
In addition to any excuse provided by applicable law, we will be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any cause or event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and any other such causes and events, whether or not similar to those which are enumerated.
31. Suspected Violations