Subscriber Terms of Service

Last updated: September 16, 2020

PLEASE TAKE A MOMENT TO SCROLL DOWN AND READ THESE SUBSCRIBER TERMS OF SERVICE.

These Subscriber Terms of Service govern your use of Services (as defined below) made available to you by At Point of Care, LLC (“@Point of Care,” “we,” “us,” or “ours”) via http://atpointofcare.com (the “Site”) on condition that you accept these Subscriber Terms of Service, and the Privacy Policy and Terms of Use posted on the Site (collectively, the “Agreement”). “Subscriber,” “You” or “Your” refers to the person accessing or using the Services. BY CLICKING THE “I ACCEPT” BUTTON AND COMPLETING THE REGISTRATION PROCESS (IF APPLICABLE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THE AGREEMENT AND YOU CERTIFY THAT YOU ARE (I) AT LEAST 18 YEARS OLD OR OLDER, (II) A SUBSCRIBER, OR A PRINCIPAL, PARTNER, OFFICER, OR OTHER AUTHORIZED REPRESENTATIVE OF THE SUBSCRIBING ORGANIZATION FULLY AUTHORIZED TO BIND SUBSCRIBER TO CONTRACTUAL OBLIGATIONS, (III) AUTHORIZED TO PROVIDE PERSONAL DATA REGARDING SUBSCRIBER DURING REGISTRATION AND IN CONNECTION WITH THE SERVICES, (IV) AUTHORIZED TO GRANT OR DENY ACCESS BY THIRD PARTIES TO THE SUBSCRIBER DATABASE OF SUBSCRIBER, AND (V) THAT ALL INFORMATION AND DOCUMENTATION SUBMITTED IN CONNECTION WITH THE SERVICES IS COMPLETE AND CORRECT IN ALL RESPECTS. @POINT OF CARE IS HEREBY AUTHORIZED TO USE SUCH INFORMATION AS REASONABLY NECESSARY DURING THE COURSE OF PROVIDING THE SERVICES CONTEMPLATED HEREUNDER, AND TO SHARE SUCH INFORMATION WITH ITS AFFILIATES OR AS OTHERWISE ALLOWED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE, THE CONTENT OR THE SERVICES. Unless otherwise stated herein, all defined terms shall have the meaning set forth in the Terms of Use and Privacy Policy.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. The Site, the Content and the Services are provided for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site, the Content and the Services. If you think you may have a medical emergency, call your doctor or 911 immediately. @Point of Care does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site, the Content and the Services. Reliance on the Site, the Content and the Services is solely at your own risk.

United States Use Only. This Site is intended to be used only by residents of the United States. Anyone who accesses the Site from outside the United States does so at their own initiative and risk and is responsible for compliance with all applicable laws.

Registration. Users are not required to register as Subscribers to browse in public areas (“Public Areas”) of the Site. In order to access Subscriber-only portions of the Site and/or use the Service, registration is required. During the registration process, you will provide us your email address (“E-mail Address”) and create a password (“Password”) for your account. Each E-mail Address and corresponding Password can only be used by one Subscriber. You are solely responsible for the confidentiality and use of your E-mail Address and Password, as well as for any use, misuse or communications entered through the Site using one or more of them. You will promptly inform @Point of Care of any need to deactivate an E-mail Address or a Password. @Point of Care reserves the right to delete or change your E-mail Address or Password at any time and for any reason.

You are using the Service at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs

Services. @Point of Care will provide Subscriber with access to the Service through the Site in accordance with the terms and conditions of this Agreement. @Point of Care will be responsible for hosting the Site, and Subscriber will be responsible for obtaining Internet connections and other third-party software and services necessary to access the Site. Subscribers will have the right to (i) create individual accounts on the Site (each, a “Subscriber Database”) for the Subscriber, (ii) provide Personal Data to their own Subscriber Database(s), (iii) use and modify Personal Data in their own Subscriber Database(s), and (iv) authorize certain third parties to provide, access, use and modify the Personal Data in their own Subscriber Databases. Such third parties may include healthcare providers.

@Point of Care Reservation of Rights. @Point of Care is under no obligation to accept any individual as a Subscriber to the Service, and may accept or reject any applicant in its sole and complete discretion.

Aggregated and De-identified Personal Data. We may aggregate and analyze your Personal Data in aggregate form, which does not identify you personally. We may share this aggregated and de-identified Personal Data with third parties for commercial purposes. If, at some point in time, the Services and/or @Point of Care becomes subject to the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated thereunder (collectively, “HIPAA”), we will comply with HIPAA and ensure that each of our third-party providers are also bound by HIPAA.

Subscriber Database. Upon the earlier of the termination of this Agreement or a Subscriber’s written request, @Point of Care will remove the applicable Subscriber Database from the Site and from there the Subscriber’s Personal Data shall no longer be available via the Site.

Fees. From time to time, @Point of Care may charge fees in connection with the Site and various Services provided through the Site. You will receive notice prior to implementation of any such fees. No fees will be charged without an agreement with you. Please note that certain Services will not be available to you if you choose to not pay the fees associated with such Services.

License Grant. @Point of Care grants Subscriber during the subscription term a non-exclusive, non-transferable, non-sublicensable license to access and use the Site, the Content, and the Services. Subscriber will not (and will not permit any third-party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Site, the Content, the Services or any Subscriber Database; (ii) copy, modify, adapt or translate the Site, the Content, the Services or any Subscriber Database, or otherwise make any use, resell, distribute or sublicense the Site, the Content, the Services or any Subscriber Database except in connection with this Agreement; (iii) disclose and/or make the Site, the Content, the Services or any Subscriber Database available on a “service bureau” basis; (iv) remove or modify any proprietary marking or restrictive legends placed on the Site, the Content, the Services or any Subscriber Database; or (v) use the Site, the Content, the Services or any Subscriber Database in violation of any applicable law or regulation.

Subscriber retains all copyrights and other intellectual property rights in and to any Personal Data and other information Subscriber submits into Subscriber’s own Subscriber Database. Subscriber hereby grants us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, distribute, publish the data in Subscriber’s own Subscriber Database and associated works, along with the right to excerpt, analyze, index, and create derivative works from the data in Subscriber Database as reasonably necessary for us to provide Subscriber with the Services and to provide healthcare providers with our Services.

DISCLAIMER OF WARRANTIES. NONE OF @POINT OF CARE, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “@POINT OF CARE PARTIES”) ENDORSE ANY SUBSCRIBER, HEALTHCARE PROVIDER OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY THE HEALTHCARE PROVIDER OR THIRD PARTY. YOU ACKNOWLEDGE THAT THE SERVICES MERELY ACT AS A VENUE THAT ALLOWS SUBSCRIBERS AND HEALTHCARE PROVIDERS AND THIRD PARTIES TO COMMUNICATE WITH EACH OTHER. NONE OF THE @POINT OF CARE PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN SUBSCRIBER, HEALTHCARE PROVIDERS OR THIRD PARTIES OR FOR ANY RESULTS CAUSED BY USING THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS SUBSCRIBER MAY SUFFER. WE EXPRESSLY DISCLAIM, AND SUBSCRIBER WAIVES, ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF @POINT OF CARE PARTIES GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE OR THE SERVICES. NONE OF @ POINT OF CARE PARTIES WARRANTS THAT THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, THE SERVICES, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE SERVICES, AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT, SERVICES AND THE SITE, IS ASSUMED SOLELY BY YOU. NONE OF @ POINT OF CARE PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Without limiting the foregoing, @Point of Care, its licensors, and its suppliers make no representations or warranties regarding the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ANY OF @POINT OF CARE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF @POINT OF CARE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS @POINT OF CARE PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification. You agree to defend, indemnify, and hold @Point of Care Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Site, Content, or the Services; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.

Termination. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, the Content and/or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this Site, the Content and/or the Services at any time without prior notice or liability. You may terminate this Agreement at any time upon the provision of written notice to us by email to: [email protected]

or via hard copy mail directed to:

At Point of Care 360, LLC
290 W. Mt. Pleasant Avenue
Suite 2350
Livingston, NJ 07039
973.890.8988

Your access to the Site will be terminated within 24 hours of our receipt of your notice of termination.

Modifications. We reserve the right to amend this Agreement at any time and from time to time without notice. If you use the Site and/or the Services after this Agreement has been posted, you will be deemed to have agreed to this Agreement. If you do not agree to the modified Agreement, you should discontinue your use of the Services, which termination is your sole and exclusive remedy.

Miscellaneous. In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Limitation of Liability, Indemnification, and Miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release @Point of Care Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this site shall be governed by and construed in accordance with the laws of the State of New Jersey. Except for proceedings commenced by @Point of Care to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New Jersey. This Agreement contains the entire agreement of the parties concerning this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. @Point of Care will comply with all applicable laws. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by @Point of Care.

Privacy Policy

Last updated: June 16, 2020

At Point of Care ("we," "us," or "ours") provides you with this privacy and security policy ("Privacy Policy") because we know that you care about how your information is collected, used, shared and retained. This Privacy Policy applies only to information collected when you access our website http://www.atpointofcare.com/ (the "Site") or use the services that we make available via the Site from time to time (the "Services") and is applicable worldwide.

This policy outlines our handling practices and how we collect and use the Personal Data you provide during your online and offline interactions with us. As used in this Privacy Policy," Personal Data"means any information that can be used to individually identify a person, and may include, but is not limited to, name, email address, postal or other physical address, credit or debit card number, title, and other personally identifiable information.

If you reside in the European Union ("EU"), you may have additional rights with respect to your Personal Data, as further outlined below. These rights may include rights under the EU's General Data Protection Regulation ("GDPR").

At Point of Care will be the controller of your Personal Data that is provided, collected and/or processed pursuant to this Privacy Policy, except where otherwise expressly stated below. If you have any questions about whether any of foregoing applies to you, please contact us using the information set forth in the "Contact Us" section below.

This Privacy Policy may be updated from time to time for reasons such as operational practices or regulatory changes, so we recommend that you review our Privacy Policy when returning to our website. By visiting the Site or using the Services, you accept the terms of this Privacy Policy.

Collection of your Personal Data

We collect the following categories of Personal Data about you when you use or otherwise interact with our Services directly and/or through our third-party service providers:

  • Name.
  • Title.
  • Email address.
  • Home/work/mobile telephone number.
  • Postal or other physical address.
  • Credit/debit card information.
  • IP addresses and other information collected passively.
  • Device identifiers.
  • Date of Birth.
  • Professional and occupational information.
  • Professional licenses, certifications, designations. 

Information We Collect Through Automatic Data Collection Technologies

  • Automatic Collection. At Point of Care and our third-party service providers automatically collect some information about you when you use our Services, using methods such as cookies and tracking technologies (further described below). Information automatically collected includes IP address, Internet service provider, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, sections of the Site visited, number of links you click while on the Site, search terms, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, website traffic and related statistics, keywords and/or other data. 
  • Cookies and Other Tracking Technologies. When you visit the Site, cookies or other tracking technologies may be placed on your computers or mobile devices. A cookie is a small amount of information that a web server sends to your browser that stores information about your account, preferences and use of the Site and Services. Cookies allow us to recognize you when you return to the Site and track and target your interests in order to provide a customized experience. They also help us to detect certain kinds of fraud. We use cookies to store preferences, record session information, record user-specific information on what pages are accessed or visited, alert you to new areas of the Site, or customize web page content, services and advertisements based on browser type or other information that the tracking technologies provide.

"Session" cookies are temporary cookies used for various reasons, such as managing page views and your shopping cart. Typically, your browser will erase session cookies once you exit the browser.

"Persistent" cookies are more permanent cookies that are stored on your computer or mobile device after you exit the browser. Persistent cookies allow us to retrieve certain information that you have previously provided to us (for example, your user ID if you ask to be remembered).

The Site may use both session and persistent cookies. The Site may also use "tracer tags," which are tiny graphic images placed on Site pages or in our e-mails that allow us to determine whether you have performed certain actions. When you access these pages or open e-mail messages, the tags generate a notice of that action to us or our Service Providers. These tools allow us to measure response to our communications and improve our web pages and promotions. You may manage, block or delete cookies and other tracking technologies by adjusting your browser's security and privacy settings but, if you do so, you may not be able to use particular features of the Site or the Services.

To find out more about cookies, including how to manage and delete cookies, visit www.allaboutcookies.org or www.aboutcookies.org. 

  • Aggregated Personal Data. We may analyze your Personal Data in aggregate form, which does not identify you personally. We may share this aggregate data with our affiliates, agents, advertisers, manufacturers and business partners. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners and to other third parties for other lawful purposes.
  • Supplemented Data. Supplemental data may be received about you from other sources, including publicly available databases or third parties from whom we have purchased data, in which case we may combine this data with information we already have about you so that we can update, expand and analyze the accuracy of our records, identify new customers, and provide products and services that may be of interest to you.  If you provide us Personal Data about others, or if others give us your Personal Data, we will only use that information for the specific reason for which it was provided to us.

Use and Processing of your Personal Data

We may use or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our Website, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.
  • With your consent.
  • To enforce or apply our terms of use or terms of sale and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect our rights, property, or safety of, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We will collect your Personal Data only in accordance with our Privacy Policy. If you do not wish us to continue collecting your Personal Data in this manner, you can request that your account be deactivated by contacting us as specified in the "Contact Us" section.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity (i.e. processing that is necessary for the performance of a contract with you, such as your user agreement with us that allows us to provide you with the Services) and our "legitimate interests" or the legitimate interest of others (e.g. our users) as set forth above.

Sale of Your Personal Data. At Point of Care does not sell Personal Data. 

Sharing Your Personal Data. At Point of Care may share your Personal Data with third parties without notice to you under certain circumstances including:

  • Service Providers: When we engage a service provider to perform certain business-related functions, we only provide them with the information that they need to perform their specific function. We may also share your information with any of our parent companies, subsidiaries, or other companies under common control with us.
  • Legal Requirements: We may disclose your information if required to do so by law, or in the good faith belief that such action or disclosure is necessary or appropriate (i) to operate the Site, (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement, or protect against legal liability, (iii) protect and defend our rights, property, personnel, suppliers, sponsors, agents or licensors, or (iv) protect the personal safety of users of the Site or the public.
  • Business Transfers: We may share your information with business partners or buy or sell businesses or assets. In the event of a corporate sale, asset sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the assets that are transferred.
  • Aggregated Information: We may aggregate Personal Data and provide it to our existing or potential business partners, sponsors, advertisers or other third parties, in response to a government request, or to other third parties for lawful purposes.

Advertising. At Point of Care may, directly or indirectly through service providers, serve personalized advertisements when you visit the Site. At Point of Care and service providers may use Personal Data collected during your visits to the Site to select advertisements, perform, or have performed, cookie synchs, and otherwise combine and compare your information with other databases for At Point of Care's commercial purposes. You may opt out of the tailoring of advertising based on information we collect. To learn more about the use of this information, or to choose not to have this information used by our third-party advertising partners by opting out, please visit the Network Advertising Initiative by clicking http://www.networkadvertising.org/managing/opt_out.asp

Email Marketing. At Point of Care offers you control over your privacy preferences regarding email. You may update these preferences at any time. Please allow sufficient time for your preferences to be processed.

You may unsubscribe from receiving promotional e-mails of certain types (or a company-wide unsubscribe) at any time. Click here to unsubscribe now: [email protected]. Please pay careful attention to the various options for unsubscribing from our promotional e-mails. You may have the option to unsubscribe from one or more special interest e-mail lists or unsubscribe from all promotional e-mails from us.

  • When you receive a promotional e-mail from At Point of Care, it will contain a link that allows you to unsubscribe. If you decide to use this unsubscribe link, you will no longer receive special offers, valuable coupons, new product introductions and informational health and wellness newsletters from At Point of Care; however, you will continue to receive non-promotional e-mails from us, such as order confirmations.

Security. At Point of Care takes reasonable precautions to safeguard your Personal Data against unauthorized access or disclosure including Secure Sockets Layer (SSL) encryption. Unfortunately, no data transmission over the Internet or stored on a server can be guaranteed to be 100% secure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential.

Data Retention. We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:

  • mandated by law, contract or similar obligations applicable to our business operations;
  • for preserving, resolving, defending or enforcing our legal/contractual rights; or
  • needed to maintain adequate and accurate business and financial records.

If you have any questions about the security or retention of your personal data, please, Contact Us.

Accessing, Update or Delete Your Personal Data. You can access, view, port, update your personal information by logging into your account on the Site or, if you are not an At Point of Care customer, by following the 'Access My Information' link available on the Site's homepage.  You can delete your personal information by following the 'Delete My Information' link available on the Site's homepage. If you wish to cancel your account, please send us an email at [email protected]. If you make a request to delete or port your Personal Data and that data is necessary for the Services you have purchased, the request will be honored only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual requirements.

EU Data Subjects. You may have certain rights with respect to your Personal Data as set forth below. Please note that in some circumstances, we may not be able to fully comply with your requests, or we may ask you to provide us with additional information in connection with your request. For example, if we need to verify your identity or the nature of your request. In such situations, however, we will still respond to let you know of our decision.

To make any of the following requests, contact us using the contact details referred to in the "Contact Us" section of this policy.

  • Access: You can request more information about the Personal Data we hold about you. You can also request a copy of the Personal Data.
  • Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging into your account. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.
  • Objection: You can contact us to let us know that you object to the collection or use of your Personal Data for certain purposes.
  • Erasure: You can request that we erase some or all of your Personal Data from our systems.
  • Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
  • Portability: You have the right to ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another entity where technically feasible.
  • Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
  • Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your Personal Data with a supervisory authority.

Children. Our Services are available only for those over the age of 16. The Site is not targeted to or intended for use by children under the age of 16. At Point of Care does not knowingly collect or use any Personal Data from such children. If you are under the age of 16, do not submit any information to this Site. If we learn that we collected Personal Data from children under the age of 16, we will take steps to delete that information as soon as possible.

If you know of or have reason to believe anyone under the age of 16 has provided us with any Personal Data, please Contact Us.

Changes to Privacy Policy. At Point of Care may, in its sole discretion, change this Privacy Policy from time to time without prior notice. We will notify you of any material changes to this Privacy Policy by changing the "Last Updated" date at the top of this Privacy Policy. If you visit the Site or use the Services after a change to this Privacy Policy is posted on the Site, you will be bound by such change. Please refer back to this Privacy Policy on a regular basis. If you object to any of the terms in a revised Privacy Policy, you have the right to cease using the Site and the Services. If you have questions about this Privacy Policy or believe that At Point of Care has acted inconsistently with this Privacy Policy, please Contact Us.

Privacy Practices of Third Parties. The Site may contain links to third party websites, products, and services. These third-party websites may place cookies or other tracking technologies on your computer or personal device. Information collected by these third-party websites is governed by their privacy practices and is not subject to this Privacy Policy. We are not responsible for how these third-party websites collect, use, disclose, distribute, or maintain Personal Data. If you visit a third-party website linked from the Site, you do so at your own risk. We encourage you to learn about the privacy practices of those third parties prior to providing them with an information or taking advantage of an offer or promotion. At Point of Care expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Data by third parties.

'Do Not Track' notifications. Some browsers allow you to automatically notify websites you visit not to track you using a "Do Not Track" signal. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, we currently do not alter our practices when we receive a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," you may wish to visit www.allaboutdnt.com.

Governing Law. This Privacy Policy and the privacy practices of At Point of Care is governed by the internal laws of the State of New Jersey, United States.

Important Notices to Non-U.S. Residents. The Site, and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By providing us with any information through the Site, or the Services, you consent to this transfer.

We may transfer your Personal Data to third parties acting on our behalf for the purposes of processing or storage. By using any of our Services or providing any Personal Data for any of the purposes stated above, you consent to the transfer and storage of your Personal Data, whether provided by you or obtained through a third party, to the U.S. as set forth herein, including the hosting of such Personal Data on U.S. servers. In certain cases, At Point of Care will transfer Personal Data in accordance with the European Commission-approved Standard Contractual Clauses, a copy of which can be obtained at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087.

California Privacy Rights. If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit http://atpointofcare.com/policies.html#ccpa.

Nevada Privacy Rights. Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to 1-800-772-8277 or [email protected]. However, please know we do not sell Personal Data, and therefore, do not currently trigger that statute's opt-out requirements. 

Contact Us. If you have any questions regarding this Privacy Policy or our privacy practices, you may email us at: [email protected] with "PRIVACY POLICY" in the subject line, or send us a letter addressed to:

At Point of Care, Inc.
290 W. Mt. Pleasant Avenue
Suite 2350
Livingston, NJ 07039
1-800-772-8277

Privacy Notice for California Residents (CCPA)

Last updated: June 18, 2020

This California Consumer Privacy Act disclosure page  supplements the At Point of Care Privacy Policy and is effective as of January 1, 2020. The At Point of Care Privacy Policy describes the personal information that we collect, the sources from which we collect it, the purposes for which we use it, the limited circumstances under which we share personal information, and with whom we share it.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information").

In particular, we have collected the following categories of personal information from its consumers within the last twelve (12) months:

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. NO
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES

Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA's scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, At Point of Care has disclosed the following categories of personal information for a business purpose:

  • Category A: Identifiers.
  • Category B: California Customer Records personal information categories.
  • Category C: Protected classification characteristics under California or federal law.
  • Category F: Internet or other similar network activity. 

Sales of Personal Information

In the preceding twelve (12) months, At Point of Care has not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information. However, at this time At Point of Care does not sell personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Calling us at 1-800-772-8277.
  • Emailing us at [email protected]
  • You can access, view, port, update your personal information by logging into your account on the Site or, if you are not an At Point of Care Customer, by following the 'Access My Information' link available on the Site's homepage.
  • You can delete your personal information by following the 'Delete My Information' link available on the Site's homepage.
  • If you wish to cancel your account, please send us an email at [email protected].

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please Contact Us.

Contact Us

If you have any questions or comments about this notice, the ways in which At Point of Care collects and uses your information described here and in the At Point of Care Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 1-800-772-8277
Website: http://atpointofcare.com/

Email: [email protected]

Postal Address:

At Point of Care, Inc.
290 W. Mt. Pleasant Avenue
Suite 2350
Livingston, NJ 07039

Terms of Use

https://atpointofcare.com

Last updated: June 18, 2020

At Point of Care, LLC (“@Point of Care,” “we,” “us,” or “ours”) owns and operates the website located at http://atpointofcare.com (the “Site”). These Terms of Use state the terms and conditions under which you may use the Site and the services that we make available via the Site from time to time (the “Services”). Please read these Terms of Use carefully. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Site or the Services. These Terms of Use may be updated by us from time to time without notice to you.

Use of Personal Data.

Your use of the Site and/or the Services may involve the transmission of your personally identifiable information (the “Personal Data”) to us. Our policies with respect to the collection and use of Personal Data are governed according to our Privacy Policy (located at http://atpointofcare.com/privacy-policy) which is hereby incorporated by reference in its entirety.

Intellectual Property Rights.

You acknowledge that this Site contains material such as software, text, graphics, images, sound recordings, audiovisual works, and other materials provided by or on behalf of @Point of Care (collectively, the “Content”). The Content may be owned by us or by third parties, and is protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of @Point of Care or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a single copy of the Content for your own personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Trademarks.

@Point of Care (stylized with design) and @Point of Care (standard characters) are trademarks and service marks of @Point of Care (the “@Point of Care Trademarks”). Other @Point of Care product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to @Point of Care. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the @Point of Care Trademarks displayed on this Site, without our prior written permission in each instance. All goodwill generated from the use of the @Point of Care Trademarks will inure to our benefit.

Community Guidelines.

By accessing and/or using the Services, you hereby agree that:

  • You will not use the Services for any unlawful purpose;
  • You will not upload, post, e-mail, transmit, or otherwise make available any content that:
    • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
    • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
    • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
  • You will not “stalk” or otherwise harass another;
  • You will not spam or use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means; and
  • Let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it.

Unsolicited Information.

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to @Point of Care on Public Areas of the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. @Point of Care, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, @Point of Care and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting @Point of Care a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information. This section shall not apply to any submissions you provide pursuant to an agreement with us. Links to Other Web Sites.

This Site may periodically provide links to third-party websites (“Third-Party Sites”) as well as other websites operated by @Point of Care (“Other @Point of Care Sites”). This Agreement governs only this Site and not any Third-Party Sites or Other @Point of Care Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third-Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. We also prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website.

Advertisements on This Site.

@Point of Care, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by @Point of Care. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Security of the Site.

Actual or attempted unauthorized use of the Site, the Content or the Services may result in criminal and/or civil prosecution. @Point of Care reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. @Point of Care will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

No Responsibility for Connectivity.

You agree that you are responsible for the means you use to access the Site and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

DISCLAIMER OF WARRANTIES.

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF @Point of Care PARTIES GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE OR THE SERVICES. NONE OF @Point of Care PARTIES WARRANT THAT THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, THE SERVICES, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE SERVICES, AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT, SERVICES AND THE SITE, IS ASSUMED SOLELY BY YOU. NONE OF @Point of Care PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Without limiting the foregoing, @Point of Care, its licensors, and its suppliers make no representations or warranties regarding the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.

Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL ANY OF @Point of Care PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF @Point of Care PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS @Point of Care PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification.

You agree to defend, indemnify, and hold @Point of Care Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Site, Content, or the Services; and (iii) your violation of any third-party right, including, without limitation, any copyright, trademark, property, or privacy right.

Termination.

We may terminate this Agreement and your access to all or any part of the Site, the Content or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site, the Content or the Services at any time without prior notice or liability.

Copyright Complaints.

If you believe this Website contains any content that infringes your copyright, please refer to our Copyright Infringement Notification Procedures.

Miscellaneous.

In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Limitation of Liability, Indemnification, and Miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release @Point of Care Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this site shall be governed by and construed in accordance with the laws of the State of New Jersey. Except for proceedings commenced by @Point of Care to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New Jersey. This Agreement contains the entire agreement of the parties concerning this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. @Point of Care will comply with all applicable laws. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by @Point of Care. Thank you for your cooperation. We hope you find the @Point of Care Site helpful and convenient to use. Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our email address at [email protected] or via U.S. mail to

At Point of Care, LLC
290 W. Mt. Pleasant Avenue
Suite 2350
Livingston, NJ 07039
973.890.8988

Copyright Infringement Notification Procedures.

If you believe this website contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Copyright agent:

At Point of Care, LLC
290 W. Mt. Pleasant Avenue
Suite 2350
Livingston, NJ 07039
973.890.8988