September 21, 2011
eMediCall Solutions, LLC and/or its affiliates (collectively referred to as "eMediCall") provide website features and services (collectively referred to as "Services") to you subject to the following conditions. By accessing and using the Services you agree to be bound by the terms and conditions of this agreement and eMediCall's Privacy and Security Policy. If you do not agree to the terms and conditions, do use the Service.
Description of the Service
The Service is a tool that streamlines communication of medical orders between medical facilities and health care practitioners. The Service also indirectly improves the quality of patient care, efficiency of nurses at medical facilities, and the quality of life for nurses and practitioners.
Medical Advice Disclaimer
NEITHER EMEDICALL NOR THE SERVICE IS INTENDED TO PROVIDE MEDICAL ADVICE. The Service DOES NOT formulate or validate medical orders. EMEDICALL IS NOT A MEDICAL PROVIDER OR MEDICAL PRACTITIONER OR MEDICAL CONSULTANT. The Service only facilitates communication between its users.
Interruption of Service
eMediCall is not responsible or liable for any service interruptions beyond our control including, but not limited to, malfunction of your computer or mobile phone, unforeseen power outages at your location, physical loss of mobile phone, loss of mobile phone reception, loss of internet access at your location, network failures between your location and the Service. eMediCall cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, or communications.
eMediCall reserves the right to update the Service from time to time in order to improve, enhance and further develop the Service. eMediCall will minimize Service downtime as much as possible. eMediCall may notify you in a timely manner by posting anticipated downtime information on the web site. It is your responsibility to have an alternative means of communication during the downtime.
You agree and understand that you are responsible for maintaining the confidentiality of your username and password, and you agree to accept all responsibility for all activities that occur under your account and password.
By providing us with your e-mail address and mobile phone number, you agree to receive notices electronically, to that e-mail address or phone. It is your responsibility to keep your account information accurate and up to date. Notices will be provided in HTML or plain-text in the text of an e-mail or mobile phone text message, accessible through any standard, commercially available smart phone or internet browser. In order for the Service to function effectively, you must keep your account information up to date and accurate, and it is your responsibility to acknowledge the messages and respond appropriately. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
If you become aware of any unauthorized use of your account information, you agree to notify eMediCall immediately via our Contact Us page.
You understand and agree that any notifications sent to you through the Service may be delayed or prevented by a variety of factors. eMediCall does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that eMediCall shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of a notification; or for any actions taken or not taken by you or any third party in reliance on a notification.
Your Use of the Service
Your right to access and use eMediCall.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use eMediCall.com for lawful purposes.
Rights You Grant to UsBy submitting information, data, passwords, usernames, other log-in information, materials and other content to eMediCall through the Service, you are licensing that content to eMediCall solely for the purpose of providing the Service. eMediCall may use and store the content, but only to provide the Service to you. By submitting this content to eMediCall, you represent that you are entitled to submit it to eMediCall for use for this purpose, without any obligation by eMediCall to pay any fees or other limitations.
eMediCall will hold all information entered into the Service by you in the strictest confidence. Information will only be made available to other users of the Service if they are authorized to access the information. In the event that a user terminates use of the Service, it is the responsibility of the relevant users to determine the outcome of the user's data stored in the Service. Any work required by eMediCall to fulfill the outcome of the state of data will require compensation.
Intellectual Property Rights
The contents of eMediCall.com, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of eMediCall.com belong or are licensed to eMediCall. eMediCall grants you the right to view and use eMediCall.com subject to these terms. You may download or print a copy of information provided on eMediCall.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from eMediCall.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Access and Interference
You agree that you will not:
- Interfere with the proper working of eMediCall.com or the Service;
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor eMediCall.com or any portion of eMediCall.com, without eMediCall's express written consent, which may be withheld in eMediCall's sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search eMediCall.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of eMediCall.com or the Service;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of eMediCall.com or the Service.
As part of the Service, eMediCall allows you to post content at locations on eMediCall.com. You agree to post content following certain rules.
- You are responsible for all content you submit to eMediCall.com.
- You may not post or transmit any message which is illegal, libelous, obscene, threatening, or defamatory. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive, infringing of intellectual property rights, or any form of "spam"; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
- You may not interfere with other authorized users' use of the Service, including, without limitation, disrupting the normal flow of dialogue between users of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
- You may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
- You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
- You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
Disclaimer of Warranties and Limitations of Liability
THIS SITE AND ALL CONTENT, SERVICES, AND PRODUCTS ASSOCIATED WITH EMEDICALL OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMEDICALL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF EMEDICALL OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
EMEDICALL MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON EMEDICALL OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. EMEDICALL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
EMEDICALL SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO EMEDICALL, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF EMEDICALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EMEDICALL'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
You shall defend, indemnify and hold harmless eMediCall and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
TerminationThis Agreement will continue to apply until terminated by either you or eMediCall as set out below. If you want to terminate your legal agreement with eMediCall, you may do so by contacting eMediCall via our Contact Us page.
eMediCall may at any time, terminate its legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if eMediCall in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
- at our discretion immediately upon notice to the e-mail address provided by you as part of your Account Information.
eMediCall may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the eMediCall.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
This Agreement, and your relationship with eMediCall under this Agreement, shall be governed by the laws of the State of Maryland without regard to its conflict or choice of law provisions. Any dispute with eMediCall, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of Maryland within the county of Baltimore, Maryland, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case eMediCall may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, eMediCall is able to offer the Service at the terms designated, with charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with eMediCall, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if eMediCall does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which eMediCall has the benefit of under any applicable law), this will not be taken to be a formal waiver of eMediCall's rights and that those rights or remedies will still be available to eMediCall.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.