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Subscriber Terms of Service

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Last updated: September 12, 2014

 

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: cancel@atpointofcare.com
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.