Last Updated: December 25, 2019
NOTICE OF ACCESSIBILITY. If you are having trouble accessing the Application or any portion thereof, please contact our Customer Service Team at email@example.com or 215.489.9000 or 973.644.9009 for assistance.
TERMS AND CONDITIONS
“Affiliates” refers to companies and divisions under the ownership of the Company or that own the Company.
“Content” includes all Text, Reports, Graphics, design, and programming used on the Application.
“Graphics” includes all logos, buttons, and other graphical elements on the Application, including the color combinations and the page layout of the Application, with the exception of trademarks and intellectual property belonging to third parties and displayed with permission.
“Text” includes all text on every page, interface, or feature of the Application, whether editorial, navigational, or instructional. The term Text also includes patient and other educational material and information which appears on the Application.
2. Use of the Application & Termination of Access
The Application may only be used in a manner consistent with this purpose, and only within the context of the services and information set forth on the Application. You, as a subscriber and End User to the Application, will be able to access the information and services via credentialed access to obtain such information and services in connection with treatment, healthcare, and other health-related matters. You understand and acknowledge that no content, materials, or other information provided by the Application will be deemed medical advice and that the content and materials provided to you are for informational and/or educational purposes only.
We attempt to ensure that information on the Application is complete, accurate, and current. Despite our efforts, the information on this Application may occasionally be inaccurate, incomplete, or out of date; and we make no representation as to the completeness, accuracy, or currency of any information on the Application.
Solely to the extent that you utilize the Application to generate and download reports or analyses of data and/or information we provide to End Users (“Reports”), you are granted a limited, non-exclusive, non-sublicensable, and non-transferable license and right to generate and download such Reports solely in connection with your use of the Application for your internal business purposes. We retain all right, title, and interest in and to the Reports, and any data or information incorporated therein. Except as authorized above, you agree and acknowledge that the Reports, and any data or information incorporated therein, are proprietary and confidential to us and that you shall not reproduce, reverse engineer, distribute, sell, create derivative works of, or display the Reports or any Content therein, in whole or in part, or provide access thereto.
4. Account Registration
5. Third-Party Engagement
6. Restrictions on Use of the Application
Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, or otherwise unlawful;
Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
Email or transmit content that infringes on the intellectual property or the right of any entity or person;
Violate any applicable local, state, national, or international law;
Email or transmit material that includes viruses, worms, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications; and/or
Disrupt the normal flow of communications or affect the ability of others to engage in activities via this Application.
7. Accuracy of Content
We make every reasonable effort to ensure that the Content on the Application is complete, accurate, and current. Despite our efforts, such Content may occasionally be inaccurate, incomplete, or out of date; and we make no representation as to the completeness, accuracy, or currency of any Content on the Application. We do not assume any obligation to review or monitor the content or other information submitted to the Application by third parties. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may, at our discretion, review information submitted to the Application for any purpose whatsoever, and we reserve the right, in our sole discretion, to remove, edit, or reject any information submitted to the Application for any reason whatsoever.
8. Information You Provide to Us via This Application
9. Limitations on Information Submitted
We do NOT want or seek to collect any “Protected Health Information” or any personal or patient-specific information concerning any individuals, patients, or other end users. The Company does NOT want or seek to collect any information or materials that would be covered by or subject to the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH”). Therefore, in submitting any information to the Company or through the Application, you may NOT:
Submit any of your, or any third-party individual’s, “Protected Health Information,” which includes demographic information, medical histories, test or laboratory results, mental health conditions, insurance information, or other personal data that a healthcare professional collects or may collect to identify an individual and determine appropriate care.
Submit any other information which may be, or may be used to specifically identify, any Protected Health Information of an individual. For example, you may be able to seek information on the Application concerning a particular medical condition, but you should not ever state whether you or any other identified individual suffers from or does not suffer from such medical condition.
10. Ownership of Submissions
11. Compliance With Law
12. Intellectual Property Rights
13. Procedure for Making and Responding to Claims of Copyright Infringement
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to our designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under US copyright law and is accessible on the Application, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Application; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Designated Agent for notice of claims of copyright infringement can be reached at:
6 Century Drive, Suite 170
Parsippany, NJ 07054
Attn: Stacey Richter
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that under the DMCA, an alleged infringer has the right to submit a counter-notice to have the allegedly infringing material re-published on the Application. Should that occur you will receive notification from us and, should you wish to have the material subsequently removed, you will be required to file a copyright infringement claim in a US federal court.
Additionally, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
14. Disclaimer of Warranties & Limitations of Liability
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Application. Your use of the Application, and the obligations and liabilities of us in respect of your use of the Application, is expressly limited as follows:
DISCLAIMER OF WARRANTIES
THE APPLICATION, AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED ON AN “AS IS“ BASIS, AND WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR USE OR PURPOSE. YOUR USE OF THIS APPLICATION AND ITS SERVICES, AND/OR RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS APPLICATION WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE. YOU, AND NOT THE COMPANY, ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THIS APPLICATION OR ITS CONTENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS APPLICATION RELATED TO ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT OF THIS APPLICATION MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THIS APPLICATION AT ANY TIME WITH OR WITHOUT NOTICE.
NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS APPLICATION SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS APPLICATION.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR SPECIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE COMPANY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE ONE HUNDRED US DOLLARS.
RELEASE AND INDEMNIFICATION
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release the Company, and its subsidiaries, Affiliates, and each of their officers, directors, employees, assigns, agents, and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties, or fines known or unknown, arising out of or in connection with your use of this Application.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, IN NEW JERSEY, WITH RESPECT TO LIMITATIONS OF WARRANTIES FOR CONSUMER PRODUCTS AND SERVICES (SEE NEW JERSEY’S TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT (TCCWNA)). THEREFORE, SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU, AND WE ENCOURAGE YOU TO CONSULT A LOCAL ATTORNEY FOR LEGAL COUNSEL CONCERNING THESE ISSUES.
15. General Information
Waiver and Severability
Choice of Law; Jurisdiction; Venue; Waiver of Certain Rights
Your use of this Application and any dispute arising out of or in connection with this Application shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws provisions. By accessing this Application, you agree that any action or proceeding arising out of or in connection with this Application shall be brought solely in a state or federal court of competent jurisdiction located within the State of New Jersey, and you agree to submit to the personal and exclusive jurisdiction of the courts located in the State of New Jersey.
You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any court located in the State of New Jersey, and any objection to venue within the State of New Jersey with respect to such proceeding.
Neither you nor the Company may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be litigated on a class or representative basis. A court of competent jurisdiction can decide only your and/or the Company’s individual Claims. Such a court may not consolidate or join the claims of other persons or parties who may be similarly situated.
Attorneys’ Fees and Costs
Viruses and Transmission of Sensitive Information
We cannot and do not guarantee or warrant that the materials contained on this Application will be free of viruses, worms, or other code or related hazards that may have destructive properties (collectively “viruses“). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. The Company does not assume any responsibility or risk for your use of the Internet, nor do we assume any responsibility for any products or services of, or hyperlinks to, third parties.
We do not represent that materials on the Application are appropriate or available for use in your location. Persons who choose to access the Application do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application must be filed within one (1) year after such claim or cause of action arose or be forever barred.