Here are the legal terms to keep us both safe and compliant
Effective Date: August 8, 2017.
If you are registering on behalf of a corporation you warrant that you have the authority to bind the corporation. You agree to the terms and conditions of the “Pricing Proposal” document which is either shown online or expressly incorporated herein, and which in conjunction with the Terms and Conditions comprises the entire Agreement between Medici and your corporation. The “Pricing Proposal” may contain different or additional terms that supersede any terms in this document.
Description of services
Medici provides you with access to DocbookMD, provider directory and secure messaging platform (the “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new properties, are subject to the Terms.
No resale of services
Your right to use the services is personal to you. You may be either an individual or a corporation or business entity, and you agree not to resell the use of the Services unless provided for under a separate agreement.
Privacy and protection of personal information
Account, password, and security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account and by all accounts under you associated with your account.
You agree to notify Medici immediately of any unauthorized use of your account or any other breach of security. Medici will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Medici or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Governing Law / Jurisdiction
These Terms, and the usage of the Services, shall be governed by and interpreted in accordance with the laws of the United States in the jurisdiction of the courts of the state determined solely by Medici. These services are also covered by the Business Associate Agreement signed by you and DocbookMD, and applicable federal and state laws governing Protected Health Information.
No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any DocbookMD server, or the network(s) connected to any DocbookMD server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems, or networks connected to any DocbookMD server or to any of the Services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You will not use or register the name DocbookMD or any other trade name or trademark of DocbookMD without express, prior permission, and you will not obstruct the identification procedures used by DocbookMD in the services.
You represent that the information submitted for transmission via the DocbookMD network for the Services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws or transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national, or other law. You may not use the Services to upload, post, reproduce, or distribute, in any way, any information, software, or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and export of technical or personal data.
Use of services and customer responsibilities
You are fully responsible for the contents of your transmissions through the Services. DocbookMD simply acts as a passive conduit for you to send and receive information of your own choosing. However, DocbookMD reserves the right to take any action with respect to the Services that DocbookMD deems necessary or appropriate in its sole discretion if DocbookMD believes you or your information may create liability for DocbookMD, compromise or disrupt the Services for you or other Customers, or cause DocbookMD to lose (in whole or in part) the services of DocbookMD’s ISPs or other suppliers. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures.
Medici has no control of the content of the information passing through the Services. Medici does not:
- Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service;
- Assume liability for any harassing, offensive or obscene material distributed through the Service by you or others under your account;
- Assume any liability for any material distributed through the Service by you or others under your account which is distributed in violation of any third party’s copyright or other intellectual property right; Medici
- Assume liability for claims concerning unsolicited fax, email, text, or voice messages sent by you or others under your account, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001¬193, FTC regulations, and the Can-Spam Act.
You agree to provide true, current, accurate and complete customer information as prompted by the registration form, and you agree to notify Medici promptly of any changes to this information as required to keep it current, complete and accurate.
Medici reserves the right at all times to disclose any information as Medici deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
You must obtain and pay for all equipment and third-party services (e.g. Internet access and email service) required for you to access and use the Services.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Service are wholly owned by Medici and/or its licensors and service providers except where expressly stated otherwise.
You agree to pay all charges for your use of the Services at the prices then in effect for your country of residence. All charges will be exclusive of value added tax (“VAT”), sales or other taxes, except as required by law. Medici reserves the right to change prices or institute new charges for access to or use of the Services unless you have a signed “Pricing Proposal”. All changes will be posted by Medici at the DocbookMD website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your Service account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Charges for Services may include Activation, Monthly Subscription, and Usage Fees. Refer to the “Pricing Proposal” for additional terms and conditions related to the contract term, payment terms and cancellation policy.
Disclaimer of Warranties and Limitation of Liability
MEDICI MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. MEDICI FURTHER EXPRESSLLY DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
This disclaimer includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any or all service interruptions caused by the negligence of Medici and its employees or by Customer’s errors and omissions.
Medici, its affiliates, and their respective officers, directors, agents, employees, suppliers and shareholders (collectively, the “Medici Entities”) shall not be liable and are not responsible for any loss or damage Customer suffers, or any party claiming through or under Customer, as a result of, or related to, the use of the Service including, but not limited to:
- Performance of the Internet;
- Loss or damage resulting from delays, computer virus or interruption of the Service, including deletion or failure to store messages, regardless of cause;
- Loss or damage to Customer’s equipment, facilities, software or data, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses or defects in the transmission of information or data on the Internet; or
- Any indirect, incidental, special, punitive or consequential damages, including but not limited to, lost revenues or profits, resulting from or relating in any way to the use of the Service even if the Medici Entities have been advised of the possibility of such damages.
You agree to indemnify and hold Medici and its agents harmless from any and all claims, losses, damages, judgments, expenses and costs (including any attorney’s fees and expenses) arising out of your use of the service, your violation of the terms of this agreement, and the delivery of any of your documents using the service, or the infringement of any trademark or copyright by you.