Incorporation into Subscription Agreement
The Terms of Use contained herein (the “Terms of Use”) are hereby incorporated into the Master Subscription Agreement for Use of eMix Service (the “Agreement”).  All terms defined in the Agreement shall have the same meaning when used in these Terms of Use.

Delivery of Terms of Use
A current copy of these Terms of Use shall be provided to all of Your employees, agents, and authorized users who will have access to the Site or upload any Material to the Site and such individuals shall access and use the Site strictly in accordance with these Terms of Use.

General Conditions of Use
(a) You shall not use, intentionally or unintentionally any of the content, information, Materials or services  on  the  Site, upload Materials  onto  the  Site,  or  allow  others  to  use  the  content,  information, Materials or  services on  the Site  in  a manner  contrary  to or  in violation of  any  applicable  international, federal,  state,  or  local  law,  rule,  or  regulation  having  the  force  of  law,  including,  but  not  limited  to  the Health Insurance Portability and Accountability Act (HIPAA);

(b) You  shall  not  use  the  Site  in  any  manner  that  could  harm,  infect,  take  over,  disable, overburden, or otherwise  impair  any of our  computer  systems,  including, but not  limited  to,  the  servers, networks, and other components connected to or used for this website; You shall not unreasonably interfere with  any  other  party's  use  and  enjoyment  of  this Site,  or of  any  of  the  content,  information,  or  services provided on the Site;

(c) You shall not upload, post, or otherwise transmit any Materials or other content that You do not have a right to transmit under any law or under contractual or fiduciary relationships;

(d) You shall not upload, post, or otherwise transmit any Material that contains software viruses or any other computer code,  files, or programs designed  to  interrupt, destroy, or  limit  the functionality of any computer software or hardware or telecommunications equipment;

(e) You  shall  not  attempt  to  gain  unauthorized  access  to  any  services,  accounts,  computer systems, or networks connected to any server used for the Site, through password mining, hacking, or any other means; You  shall  not  seek  to  gain  access  to  any Materials  or  information  through  any means  not intentionally made available to You on the Site for purposes of Your use of the Site;

(f) You  shall  not  reproduce,  duplicate,  copy,  download,  sell,  resell,  or  otherwise  exploit  this website, or any portion hereof, for commercial purposes without the prior written consent of DR Systems;

(g) You shall not make any use of the trademarks, service marks, trade names, logos, and graphics on the Site without DR Systems' prior written consent.

(h) You  shall  not  use  any  network  monitoring  or  discovery  software  to  determine  the  Site’s architecture, or extract information about usage, individual identities, or users of the Site;

(i) You shall not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Site or the content, information, or services on the Site without DR Systems’ prior written consent;

(j) You  shall  not  collect  any  email  addresses  made  available  on  the  Site  for  purposes  of promotions or marketing campaigns; and,

(k) You shall not distribute, on or through the Site, any advertising; promotion; solicitation for goods,  services, or  funds; or  solicitation  for others  to become members of any enterprise or organization without DR Systems' prior written permission.

Termination of License to Use Service
Your limited license use and/or access to the Site may be terminated or Your use and/or access to the Site suspended in accordance with this section for Your failure to comply with these Terms of Use, as follows: .

(a) In the event that DR Systems detects what it believes to be a material failure on Your part to comply with these Terms of Use or the Agreement, Your limited license to use and/or access to the Site may be suspended immediately and notice of such suspension shall immediately be provided to You.

(b) Subsequent to the suspension of use and/or access to the Site pursuant of subsection (a) You agree to fully cooperate with DR Systems in the investigation of the facts and circumstances upon which the suspension was based.

(c) In the event that DR Systems detects a non-material failure on Your part to comply with these Terms of Use, it shall provide a notice of such failure to comply to You and provide You with a reasonable opportunity to cure such failure.

(d) DR Systems shall have the right to terminate Your limited license use and/or access to the Site if (i) the investigation of the facts and circumstances which caused the suspension pursuant of subsection (a) establishes in the reasonable opinion of DR Systems that a material failure on Your part to comply with these Terms of Use occurred or (ii) in the reasonable opinion of DR Systems You have failed to cure a non-material failure on Your part to comply with these Terms of Use in accordance with subsection (c).

Copyright Protection
This  Site  and  all  content  contained  within  the  Site  other  than  the Materials  uploaded  by You  or  other authorized users of the Site are protected by U.S. and/or foreign copyright laws and are the property of DR Systems.   Any rights granted to You herein constitute a license as described in the limited license section of the Agreement, and shall not constitute, or in any manner be interpreted as, a transfer of title, which for all purposes shall be  reserved  to DR  Systems. You  do  not  obtain  any  ownership  right,  title  or  other  interest  in DR Systems copyrighted Materials or trademarks by downloading, copying, or otherwise using these Materials.

Electronic Communications
In Your  use  of  the  Site  and  when You  communicate  with DR  Systems  electronically,  for  example  by sending  an  email, You  consent  to  receive  communications  from us  electronically. We will communicate with You by email or by posting notices on the Site.  Except for notices of default and termination provided (i) and in the notice and change of terms of use in the limited liability section in the Termination of License to Use Service section, above, (ii) and in the notice and change of terms of use in the limited liability section the parties agree that all notices, disclosures, and other  communications provided electronically satisfy any legal requirement that such communications be in writing.

Limitation of Liability in Use of Site
EXCEPT AS TO: (I) ANY CLAIM ARISING OUT OF A BREACH BY EITHER PARTY OF ANY TERM OR CONDITION CONTAINED IN A BUSINESS ASSOCIATE AGREEMENT ENTERED INTO IN CONNECTION HEREWITH, OR THE INTENTIONAL OR NEGLIGENT VIOLATION OF ANY OBLIGATION, REQUIREMENT, RESTRICTION OR DUTY CONTAINED IN REGULATIONS PROMULGATED BY THE UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES FOR WHICH A PARTY SHALL BE RESPONSIBLE IN ACCORDANCE WITH THE AFORESAID AGREEMENT AND/OR REGULATIONS, AND (II) ANY INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS HEREUNDER, EACH PARTY’S ENTIRE LIABILTY ARISING OUT OF THIS AGREEMENT WILL IN NO EVENT EXCEED THE FEES PAID BY YOU TO EMIX. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR ANY OTHER PARTY FOR ANY LOSS OF REVENUE OR PROFIT OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, WHETHER BASED ON TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE GROUNDS ARISING OUT OF ANY MATTER RELATING TO THE SERVICE.

Disclaimer of Warranties in Use of Site
EMIX PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT ON THE SERVICE WEBSITE, THE FUNCTIONALITY OF THE SERVICE WEBSITE OR THE CONTENT OF INFORMATION, FILES OR MATERIALS DOWNLOADED FROM THE SERVICE WEBSITE. IN ADDITION, EMIX DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Use of Proprietary Information
Any and all data and information contained in or disclosed by documents and Materials on the Site, which are not Materials uploaded to the Site by You, are the proprietary information of DR Systems, Inc. All rights therein are expressly reserved. By accessing or using this proprietary information, You agree that  it and the information contained therein will be held in confidence and in trust by the recipient, and will not be used,  copied, or otherwise  reproduced  in whole or  in part, nor  its  contents  revealed  in  any manner  to others, without the express written consent of DR Systems.

Use of Site Content
DR Systems assumes no liability resulting from any inaccuracies or omissions or from any use of the information obtained from the Site. The uploading and use of the Materials on the Site are not intended to and shall not be construed to be the provision of medical advice by DR Systems. No physician-patient relationship is formed by Your use of the Site. You, and all individuals authorized to use the Site by You use the content, information, and services on the Site at Your/their own risk.

Changes of Site Content
DR Systems reserves the right to make changes in the content of the Site (not including the Materials uploaded to the Site) with no obligation to notify any person of revisions or changes.  Except as may otherwise be provided for herein, DR Systems does not assume any liability arising out of the application or use of any product or software described herein; neither does it convey any license or any other right under its patent rights or other intellectual property or proprietary rights or the proprietary rights of others. DR Systems reserves the right to make changes in technical and product specifications, correct errors, inaccuracies and omissions at any time, in its sole discretion, without prior notice.

Privacy
Please review our privacy policy (available online at www.emix.com) for a description of our privacy practices and an explanation of how we may use any personal information we collect on this website.

Trademarks and Patents
Ambassador, Catapult, Communicator, Dominator, Guardian, Instant Reporter, Messenger, Universal Manager, and eMix are trademarks of DR Systems, Inc. The products and equipment described in this document are manufactured under one or more patents, including U.S. Patent # 5,452,416; # 7,660,488; # 7,787,672 and # 7,920,152 and other patents pending.

Patient Confidentiality
In Your use of the Site, You shall comply with all applicable legal, ethical, and moral obligations for medical care providers to protect sensitive information that relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual. You represent and warrant that in Your use of the Service, You will not use or disclose any of the information described in the preceding sentence in a manner that would violate the requirements of any state or federal law in the United States, including, but not limited to, the provisions of the regulations promulgated by the United States Secretary of Health and Human Services under the authority of Title II, Subtitle F of the Health Insurance Portability and Accountability Act (Public Law 104-191).

Registration and Account Information
Certain sections of this Site require You to register as a user or provide information. By registering or providing this information, You agree to provide accurate and complete information and to inform us of any changes to that information. Except as may otherwise be provided for herein, You agree to accept responsibility for all activities conducted by You that occur under Your account. In case of misuse, we may terminate further access or take such other action as we, in our sole discretion, deem appropriate. If You believe there has been unauthorized use, You must notify us immediately.

Indemnification
Each party agrees to indemnify, defend, and hold the other, its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by the indemnifying party.

Governing Law and Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of the State of California, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in San Diego, California, and the parties hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

Severability of Provisions
If any provision of these Terms of Use is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Contact Information
If You have any questions about these Terms of Use, or about the content, information, or services on this Site, You may contact us using any of the methods described on our contact us page.

Copyright and Notice
Copyright© 2009-2011 DR Systems, Inc. All rights reserved. eMix is a trademark of DR Systems, Inc. with various product modules protected by one or more of U.S. Patent # 5,452,416; 7,660,488; 7,787,672, 7,920,152 and other patents pending. Specifications are subject to change without notice.