Terms of service
Use of the ClipboardMD Holdings, Inc. (“ClipboardMD”) Website and the services available from the ClipboardMD Website (the “Service”) is subject to the following terms (“Terms”). Please read the Terms carefully before using or registering for the Service, as your use of the Service will signify your assent to be bound by these Terms.
- The Service
The ClipboardMD Service is a cloud-based communications gateway between healthcare consumers (“Patients”) and healthcare providers (“Healthcare Providers”). The ClipboardMD Service provides a secure way for Patients to send and/or receive a variety of communications (“Content”) from Healthcare Providers.
- Access and Registration
In order to use the ClipboardMD Service, you need the equipment and connection necessary to access the World Wide Web (“WWW”). You are responsible for any fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or another online service). You agree you will: (a) provide accurate and complete information when prompted to do so by any registration form, and (b) maintain and update such information so it remains accurate and complete. You represent and warrant that you are at least 16 years of age and that you possess the legal right and ability to use the Service in accordance with the Terms.
- Submission of Content
ClipboardMD provides a secure means for Patients to transmit personal information and otherwise communicate with Healthcare Providers. Any Content you submit to the ClipboardMD Service is, and will be treated as, confidential; you shall continue to retain ownership of such Content. By submitting Content to ClipboardMD, you warrant that: (a) you are the person identified by such Content, or (b) otherwise have the right to post such Content, or (c) you have obtained the consent of any individual or such individual’s legal guardian before posting any information about such individual, and (d) the posting of such Content does not violate the privacy rights, publicity rights, copyrights, contract rights or other rights of any person.
- User Conduct
You agree that you will not use the Service to:
- submit, post, upload, or otherwise transmit any Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights;
- submit, post, upload, or otherwise transmit Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- advertise or offer to sell any goods or services for any commercial purpose; or
- violate any applicable local, state, federal, or international law or regulation.
- Restrictions on Use
You acknowledge that the ClipboardMD Service and any underlying technology used in connection with the ClipboardMD Service (“Software”) contain proprietary and confidential information of ClipboardMD. Subject to these Terms, you are granted a non-exclusive, non-transferable, revocable right, without the right of sublicense, to access and use the ClipboardMD Service and Software. You may not reproduce (except as specifically set forth herein), download, modify, create derivative works from, distribute, or attempt to reverse engineer, decompile, disassemble, or access the source code for the Software. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. You may not copy, paraphrase, omit, display, store, timeshare, rent, lease, sublicense, publish, distribute, transmit, create derivative works from, transfer, assign, sell or commercially exploit in any manner whatsoever the Software.
- Permitted Use
You may download and/or print a copy of the Content for your personal and non-commercial use only (“Permitted Uses”) provided the Content is not modified in any way and all copyright and other proprietary notices are kept intact. You agree to use the Content lawfully and only for the Permitted Uses. No other use of the Content is permitted.
ClipboardMD is a service mark of ClipboardMD. ClipboardMD is a registered trademark of ClipboardMD Holdings, Inc. Third-party trademarks, service marks, logos, and trade names appearing on the ClipboardMD Website are the property of their respective owners.
- Changes to Service or Terms
ClipboardMD may modify, suspend or discontinue any portion or service of the ClipboardMD Service at any time, with or without notice. The ClipboardMD Service is currently accessible to Patients without charge, however, ClipboardMD reserves the right to charge for one or more portions of the ClipboardMD Service in the future. (ClipboardMD will notify you of any fees associated with any portion of the Service and require you to subscribe to such portion of the Service, prior to charging you any fees.) ClipboardMD reserves the right to modify the Terms at any time. You agree to review these Terms periodically so that you are aware of any modifications. Your continued use of the ClipboardMD Service shall be deemed your acceptance of the modified Terms. You agree that the above-listed standards for notice of changes are reasonable.
- Failure to Comply with Terms
You acknowledge and agree that ClipboardMD may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the ClipboardMD Service, without prior notice, if you engage in any conduct that ClipboardMD believes, in its sole discretion: (a) violates any term or provision of the Terms, (b) violates the rights of ClipboardMD or third parties, (c) or is otherwise inappropriate for continued access and use of the Service. In addition, ClipboardMD reserves the right to terminate inactive User accounts. You agree that upon termination, we may delete all information related to your account and may bar your access to your account and the ClipboardMD Service.
The ClipboardMD Service may contain links to Websites operated by third parties. ClipboardMD is not responsible for the content of these Websites or for your transactions with them. The inclusion of links to such Websites does not imply any endorsement of the material on such Websites by ClipboardMD.
You may discontinue your participation in and access to the ClipboardMD Service at any time. The Terms will continue to apply to all past use of the ClipboardMD Service by you, even if you are no longer using it.
YOU ACKNOWLEDGE THAT YOU WILL USE THE CLIPBOARDMD SERVICE SOLELY AT YOUR OWN RISK. THE CLIPBOARDMD SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. IN ADDITION, ALTHOUGH CLIPBOARDMD INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE CLIPBOARDMD SERVICE, CLIPBOARDMD DOES NOT WARRANT THAT THE CLIPBOARDMD SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION, OR ANOTHER MATERIAL ACCESSIBLE THROUGH THE CLIPBOARDMD SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- We Do Not Provide Medical Advice
YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED BY CLIPBOARDMD SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE CLIPBOARDMD WEBSITE. DO NOT USE THE CLIPBOARDMD SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL 911. YOUR INFORMATION PROVIDED ON THE CLIPBOARDMD WEBSITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. ClipboardMD does not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the ClipboardMD Website. If you rely on any of the information provided by the ClipboardMD Website, you do so solely at your own risk. ClipboardMD has no control over and cannot guarantee the availability of any physician at any particular time. ClipboardMD will not be liable for canceled or otherwise unfulfilled appointments or any injury resulting therefrom.
- Limitation of Liability
You agree to indemnify, defend and hold harmless ClipboardMD and its affiliates, officers, directors, employees, consultants, agents, and licensors from any and all third party claims, liability, damages, and/or costs (including but not limited to reasonable legal and accounting fees) arising from your (or any other person accessing the ClipboardMD Service using your Account) failure to comply with the Terms, your infringement or violation of any intellectual property or another right of a third party, or from your violation of any applicable law.
- Applicable Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions.
These Terms constitute the entire agreement between you and ClipboardMD with respect to the ClipboardMD Service, and the Terms replace all prior or contemporaneous understandings or agreements, written or oral, regarding the ClipboardMD Service. If any provision of the Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of the Terms shall remain in full force and effect. The failure by ClipboardMD to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provision or right of ClipboardMD. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. The Terms will inure to the benefit of ClipboardMD and its successors and assigns.
Last modified: December 2020.
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