Incorporation into Subscription Agreement
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
(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.
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.
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.
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.
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.
Governing Law and Jurisdiction
Severability of Provisions
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.