Terms of Use

Effective August 2015

1. Introduction and Acceptance

Welcome to www.patientpoint.com, ("Website") an interactive online service operated by PatientPoint Network Solutions and its affiliates ("PatientPoint" "us," "we," or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of www.patientpoint.com, including any content, functionality and services offered on or through www.patientpoint.com, including all PatientPoint programs.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ACCEPT AND AGREE TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 16 BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

In addition to these Terms of Use, we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy can be found here: http://www.patientpoint.com/privacy-policy and is incorporated by reference into these Terms of Use. By accessing or using the Website, you are also signifying your acknowledgement and agreement to our Privacy Policy. This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are of a legal age to form a binding contract with PatientPoint and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use this Website.

2. Intellectual Property

The Website and its entire contents (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, patents, trade secrets and other intellectual property rights that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved. You must not reproduce, distribute, modify, create derivative works of, publicly perform, republish, download, store or transmit, any of the material on our Website except to print pages of the Website for your own personal, non-commercial use, and store files automatically cached by your web browser or display enhancement purposes.

3. Neither We nor Our Website Provide Medical Advice

(A) OUR WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. WE OFFER HEALTH RELATED WEBSITE CONTENT TO EDUCATE AND TO AID THE GENERAL UNDERSTANDING OF USERS. NOTHING CONTAINED IN OUR WEBSITE SHOULD BE TAKEN, CONSIDERED OR USED AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS VERIFY THE INFORMATION PROVIDED BEFORE RELYING ON IT TO TREAT OR ADVISE PATIENTS.

(B) TO THE EXTENT YOU ARE EVALUATING OUR WEBSITE CONTENT FOR PERSONAL MATTERS, NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON OUR WEBSITE. YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE MAKING ANY MEDICAL DECISIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911.

(C) We provide the Website including, without limitation, Website Content for educational, promotional and, if accessing through your Practice (defined below), account management purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.

(D) The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

4. Website Access and Use

(A) Access to the Website including, without limitation, the Website Content is provided for your information and non-commercial use only.

  • Medical Practice Access and Use: If you are accessing our Website as a result of other products and services we provide a medical practice or other business ("Practice"), you are accessing and using our Website on behalf of yourself AND the Practice.
  • Individual Access and Use: You are at all times responsible for your activities on our Website.

(B) Except as expressly permitted by these Terms of Use, you may not:

  • Use our Website in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
  • Modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Website (e.g., those that prevent or restrict copying Website Content);
  • Use our Website to send, knowingly receive, upload/post, download, any material which does not comply with our content standards;
  • Use our Website to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
  • Use our Website to transmit any data, or upload to our Website any data, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • Take any action to interfere with, damage, or disrupt any part of our Site or Service;
  • Decompile, reverse engineer, or disassemble any portion of our Website;
  • Use network-monitoring software to determine architecture of or extract usage data from our Website; or
  • Engage in any conduct that restricts or inhibits any other user from using or enjoying our Website

(C) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

5. User Registration

(A) In order to access or use some features of the Website, you will need to become a registered user, and you may be asked to provide certain details and information to become a registered user. If you register with our Website, you agree to provide true, accurate and complete registration information. If this information changes, you agree to promptly update the relevant registration information. During registration, you will create (if accessing as an individual) or will be provided (if registering through your Practice) a user name and password (a "Membership").

(B) You are responsible for safeguarding and maintaining the confidentiality of your Membership. You agree to notify us immediately at relationshipmanager@patientpoint.com of any breach of security or unauthorized use of your Membership. We reserve the right to disable any user name, password, or other identifier at any time if, in our opinion, you have violated any provision of these Terms of Use.

(C) If you register through your Practice, your Practice will have access to all information you submit through the Website, your user name/password, and your activities on the Website. You and your Practice are solely responsible for the activity that occurs under your Membership, whether or not that specific activity has been authorized by the Practice. If you subsequently leave that Practice, you agree not to thereafter access our Website using the same registration information.

6. User Content

(A) We may now or in the future permit users to post, upload, transmit, or otherwise make available on the Website, in-office monitors, or other equipment (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content, even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

(C) You expressly agree that you will not submit any User Content that:

  • Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
  • Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
  • Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
  • Includes personal information such as phone numbers, social security numbers, account numbers, addresses, employer references, etc.; or
  • Contains a formula, instruction, or advice that could cause harm or injury.

Moreover, any conduct by a user that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Website will not be permitted.

(D) If your User Content is intended for posting on our Website (as opposed to in-office monitors), by submitting the User Content, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. Such uses may include the resale of information gathered from edits, modification to search results. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use.

(E) If your User Content is intended to be posted on our Website, you also grant us the right, but not the obligation, to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" with respect to the User Content. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, promotional, or any other purpose we deem appropriate.

(F) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

7. Indemnification

You agree to indemnify and hold harmless PatientPoint and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs, and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) any actual or alleged violation or breach by you of these Terms of Use; (iii) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder

8. Disclaimers of Warranties

(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, PATIENTPOINT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

9. Limitation on Liability

(A) UNDER NO CIRCUMSTANCES SHALL PATIENTPOINT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PATIENTPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.

(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF PATIENTPOINT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY PATIENTPOINT DURING THE PRECEDING (1) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

10. Termination

(A) We reserve the right, in our sole discretion and at any time, to disable or terminate your Membership and/or block your access to the Website for any reason and at any time if, in our opinion, you have violated any provision of these Terms of Use including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that PatientPoint shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website

(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use, which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions in Section 16.

11. Copyright Policy

(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). Our Designated Agent is:

patientpointlegal@patientpoint.com
Please include “Attention: General Counsel” in the Subject Line.

(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work's copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • An email address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

12. Choice of Law; Jurisdiction And Venue

All matters relating to the Website and these Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio without regard to its conflict of laws rules. Any legal proceedings against PatientPoint that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the state and federal courts of Cincinnati, Ohio and you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Dispute Resolution And Mandatory Arbitration

(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution, and allow at least thirty (30) days to resolve the dispute before proceeding to arbitration as provided for below.>

(B) The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they chose to have any disputes resolved through arbitration.

(C) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assignee of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its procedures in effect when the claim is filed. The AAA's procedures and other information, including a fee schedule, may be obtained from the AAA's website (www.adr.org) or by calling 1-800-778-7879. In the event the AAA is unable or unwilling to administer the arbitration, a neutral arbitrator shall be selected based on mutual agreement of the parties (in which case all terms referencing the AAA in these Terms of Use shall be read to reference that arbitrator).

(D) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

14. No Class Actions

(A) TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

(B) If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate (Section 13) doesn't apply and the class-wide dispute must be brought in court.

15. No Trial by Jury

(A) TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

(B) If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate (Section 13) doesn't apply and the class-wide dispute must be brought in court

16. Amendment; Additional Terms

(A) We reserve the right, in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms ("Additional Terms") that may govern your use of the Website generally, unique parts of the Website or both. Additional Terms may be provided as part of your enrollment agreement with us or in another manner. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Website and, if applicable, terminate your Membership.

17. Miscellaneous

(A) A waiver by PatientPoint of any term or condition set forth in these Terms of Use shall not be deemed to be a waiver of any preceding or subsequent waiver of any other term or condition, and any failure of PatientPoint to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The section headings and "Summary" explanations used herein are for convenience only and shall not be given any legal importance.

(B) Except where specifically stated otherwise (e.g., Section 14(B)), if any part of these Terms of Use are unlawful or unenforceable for any reason, only that part of the Terms of Use shall be stricken and the remaining provisions in the Terms of Use will continue in full force and effect.

(C) These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the sole and entire agreement between the parties with respect to the subject matter hereof, and supersede all previous discussions, representations, agreements and commitments, both written and oral, with respect to the Website

(D) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.

   
http://patientpoint.com/terms-conditions.aspx