Practice Partner 11.2
Solution Series 9.0, 9.1
Effective May 7, 2017
eMDs, Inc. © 2017
NOTICE: BEFORE PROCEEDING, PLEASE READ THE FOLLOWING LEGAL AGREEMENT
WHICH CONTAINS RIGHTS AND RESTRICTIONS ASSOCIATED WITH YOUR USE OF
THE eMDs APPLICATION PROGRAM INTERFACE AND ANY DOCUMENTATION PROVIDED TO YOU BY eMDs.
USE OF OR ACCESS TO THE APPLICATION PROGRAM INTERFACE OPERATES AS YOUR CONSENT
We do not knowingly collect, either online or offline, personal information directly from persons under the age of thirteen. If you are under 18 years of age, you may only use the eMDs API with permission and supervision of a legally authorized representative, such as a parent or legal guardian. By use or access to the API, you represent and warrant that you are either (a) 18 years of age or older, or (b) under the age of 18, and you and your legally authorized representative represent and warrant that you are accessing or using the API under the supervision of that legally authorized representative.
Grant of Use of the API
The API may now or hereafter include certain third-party software, services, data or applications that may require that you enter into separate agreements with third parties. We may also make available optional services, either directly or through integrations with the API, provided by third parties, such as Updox. You will comply with and, upon request, execute, any agreements or acknowledgments that may be required for the use of or access to such software or services, and hereby agree to comply with the terms of any license or other agreement relating to third-party products included in the API or made accessible to you through the API. Additionally, your use of the API or of such third-party products or services will constitute your agreement to be bound by the terms of all licensing, subscription and similar agreements relating to such use, including those third-party terms.
Prohibited Access or Use
Confidentiality and Authentication
You are solely responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your user name or password. You may not assign or otherwise transfer your account information to any other person or entity, except your legally authorized representative if you are acting in an individual capacity. You acknowledge that we are not responsible for third party access to your account that results from theft, misuse, misappropriation of your user name or password or your negligence.
You agree that your access to or use of the API, or certain features or functionality of the API, may require our verification of your identity and credentials for and to your ongoing eligibility as an authorized API user. You agree that we may use and disclose your personal information you supply to us for such purposes, including without limitation making inquiry of third parties concerning your identity and eligibility. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate or suspend your access to or use of the API at any time if we are unable at any time to determine or verify your identity or eligibility.
Warranties and Limitation of Liability
ACCESS TO THE API AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, AND WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE API OR THE INFORMATION CONTAINED THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. THE API IS NOT A SUBSTITUTE FOR PROFESSIONAL GUIDANCE. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF INFORMATION OR LOSS, INAVAILABILITY OR CORRUPTION OF DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. WE DISCLAIM ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM INTERNET COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS DESCRIBED BELOW. YOU AGREE AND ACKNOLWEDGE THAT THE FOREOING WARRANTIES AND LIMITATIONS ARE A MATERIALCONDITION TO YOU AND US ENTERING INTO AN AGREEMENT WITH EACH OTHER.
Notice and Opportunity to Cure a Breach
We will not be deemed to be in violation of this Agreement unless you have first given us written notice specifying the nature of the breach, and we have failed within sixty (60) days of receipt of the notice either to cure the default or, if cure within such period is not practicable, to be diligently proceeding to cure the default.
YOU ACKNOWLEDGE THAT ACCESS TO THE API WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, “CARRIER LINES”) OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, AND INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND OUR CONTROL. WE ASSUME NO LIABILITY FOR, OR RELATING TO, THE INTEGRITY, AVAILABILITY OR CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, OUTAGE, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.
eMDs does and shall not provide you or your legally authorized representative any advice, whether medical, legal, accounting, tax, compliance, or other professional advice. Please only rely on your own professionals for advice.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT EMDS HAS NOT REPRESENTED ITS API, ON ITS OWN HAS THE ABILITY TO DIAGNOSE DISEASE, PRESCRIBE TREATMENT, OR PERFORM ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE.
If you access the API from a location outside the USA, you are responsible for compliance with all international and local laws. You agree that you will not use the API in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Questions and Notices?