TERMS AND CONDITIONS OF USE
Acceptance of the Terms
Description of the Services
Treatment24seven does not give medical advice, practice medicine, or offer any medical or other professional services. While the reports generated by the Application may provide information to assist Your patients with making medical or financial decisions, any information generated through the Application, including reports, are for informational and educational purposes only and are not intended to constitute professional advice, diagnoses, or treatment, or to substitute for the professional judgment of a licensed medical professional. You assume full risk and responsibility for the use of any information generated through the Application, including, but not limited to, any professional advice or treatment plan based on such information. Treatment24seven specifically disclaims any relationship with Your patients or clients.
Limitation of Use
User agrees it shall not permit or allow any third party to use or access User’s password, this Application, or any information contained therein (collectively, the “Account Information”) without prior written approval from Treatment24seven. User shall not use any Account Information, or any proprietary or confidential information contained in this Application for any purpose other than to facilitate User’s business. User acknowledges Treatment24seven may at its sole discretion revoke the use of this Application. Ownership of this Application and Account Information and all intellectual property rights therein shall remain at all times with Treatment24seven and its licensors. Treatment24seven expressly reserves all rights not granted to User herein.
User agrees to comply with all trademarks, copyrights, and other laws worldwide in the use of this App and agrees to prevent any unauthorized copying or distribution of the Content and information contained on this App. Except as expressly provided herein, Treatment24seven does not grant any express or implied right to User under any patents, trademarks, copyrights, or trade secret information. This license shall not affect the exclusive ownership by Treatment24seven of the Application or of any trademarks, copyrights, patents, trade secrets, or other intellectual property rights of Treatment24seven relating to the license of the Application.
User represents and warrants it has obtained all proper consents, including, but not limited to, HIPAA authorizations, for any health-related information.
Single Location Use
This Application can be used on more than one computer, at a single business location. Should User determine User will need to use the Application at different locations, the User must purchase an additional license subscription for each location at which the User intends to use the Application. If it is determined by Treatment24seven the User is using this Application at more than one location, without purchasing the required additional subscription, Treatment24seven reserves the right to retroactively bill the User for each location that is using the Application from the start of the original subscription.
The User is responsible for all activity occurring under Your account and shall abide by all applicable local, state, national, and foreign laws, treaties and regulations in connection with Your use of the Application, including those related to data privacy, international communications, and the transmission of technical or personal data.
User assumes full responsibility for: (a) the purchase, selection, placement, relocation, direction, and presence of the equipment installed to support Treatment24seven’ Services, including, without limitation, any internet service provider devices and other electronic communication devices, and its use as part of Treatment24seven’ Services at any time (each, a “Device”); and (b) all data and information entered into the Application by the User.
User understands and agrees the User’s internet service provider is responsible for configuring the settings so that each Device is compatible to work with the Application. Treatment24seven is not responsible for the setup, operation, maintenance, or compatibility of such Devices. User agrees User shall be responsible for all disputes with any telephone/internet service company related to same. User acknowledges the Application is provided over the Internet and so the quality and availability of the Application may be affected by factors outside Treatment24seven’ reasonable control.
You acknowledge and agree You are solely responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and the Services needed to access and use the App, and for paying any data charges that may be charged to You by Your network provider in connection with Your use of the App. Treatment24seven is not responsible for any delays in operation or transmission, defect, interruption, deletion, computer virus, delivery failures, or other damage resulting from such issues.
User shall: (i) notify Treatment24seven immediately of any unauthorized use of any password or Account Information or any other known or suspected breach of security; (ii) report to Treatment24seven immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by You; and (iii) not impersonate another Treatment24seven User or provide false identity information to gain access to or use the Application.
User is responsible for all use of its Account Information, including choosing safe passwords and ensuring file protections. User acknowledges by allowing employees and other agents to access the Application and the Content. User is responsible for ensuring such employees use the Application and the Content for its intended purpose. User further acknowledges Treatment24seven is not responsible for any unlawful access or use of the Application or the Content by any employee or agent to whom the User provides access to the Software. User further acknowledges it is responsible for protecting the protected health information as defined in 45 C.F.R. §160.103 (“PHI”) of its patients and represents and warrants it has obtained the proper consents, authorizations, and releases, including, but not limited to, HIPAA documentation required by law as it relates to any PHI entered into User’s PMS or any PHI contained in the Content.
Protected Health Information
THE APPLICATION AND ITS CONTENTS ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE EXTENT PERMITTED BY LAW. ALL INFORMATION PROVIDED ON THE APPLICATION IS SUBJECT TO CHANGE WITH OR WITHOUT NOTICE. TREATMENT24SEVEN CANNOT ENSURE ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APPLICATION WILL BE FREE FROM VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TREATMENT24SEVEN DISCLAIMS ALL REPRESENTATIONS AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO THE USER’S USE OF THE APPLICATION, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT WITH RESPECT TO THE CONTENT OR ANY SERVICES RELATED TO THE CONTENT TO THE FULLEST EXTENT PERMITTED BY LAW.
We make no representation or warranty as to the completeness, accuracy or currentness of information or the Content provided in the Application. We do not warrant or make any representations regarding the use or results of the use of this Application. We do not warrant that the functions contained in the Application, any Content or Service will be uninterrupted or error-free, and that any defects will be corrected. You assume total responsibility for the use of this Application. You agree to conduct your own due diligence to assess, the accuracy, reliability, and quality of all Content provided in the Application. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of this warranty. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to You.
Treatment24seven reserves the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Application without notice, for any reason, without liability to the User, except where prohibited by applicable law.
Intellectual Property Rights
Treatment24seven is and shall be, the sole and exclusive owner of all rights, title and interest throughout the world in and to all the Content related to or associated with the Application and the Services performed under this Agreement including all patents, copyrights, trademarks, trade secrets, and other intellectual property rights therein. The copyright and ownership interests in the Application and Services are held by Treatment24seven and its suppliers and are protected by U.S. laws and international treaty provisions.
Unauthorized use of this Application and Your Account Information may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject You to civil liability and/or criminal penalties.
To the extent permitted by applicable law, User agrees to defend, indemnify and hold harmless Treatment24seven and its officers, directors, employees, agents, successors and assigns, from and against all losses, damages, liabilities, actions, judgments, interests, awards, penalties, fines, costs and expenses (including legal expenses and other costs, such as attorney’s fees) reasonably incurred by Treatment24seven arising out of Your use of the Application in breach of these Terms. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with Your use of the Application. You agree to assist and cooperate with Treatment24seven in relation to any such claim.
Limitation of Liability
Changes or Modifications
From time to time, updates to the Application may be made available. Depending on the update, You may not be able to use the Application until You have installed the latest version.
If User modifies the Application in any manner, all warranties associated with the Application and the Services shall become null and void. This Application is licensed to User on the basis that User shall maintain the configuration of the Application as it was originally designed. Treatment24seven does not assume any responsibility or liability with respect to unauthorized modification or substitution of any components thereof.
Relationship of the Parties
If User experiences any technical issues with the Application or would like to contact Treatment24seven regarding these Terms and Conditions, You may contact Us by sending an email to: email@example.com You agree we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Application, including in the event of a security system’s breach. Should you wish to receive notices of any security system breaches in writing, please contact us at the email address above.