@Point of Care

 

Terms of Use

http://atpointofcare.com

 

Last updated: September 12, 2014

 

 

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

 

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.

UUNDER 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 info@atpointofcare.com  or via U.S. mail to

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

We try to answer every email in a timely manner but are not always able to do so.

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