@Point of Care^™

Terms of Use

Last updated: February 21, 2014

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

At Point of Care 360, LLC (“@Point of Care^™,” “we,” “us,” or “ours”) owns a mobile application (the “App”). These Terms of Use state the terms and conditions under which you may use the App and the services that we make available via the App from time to time (the “Services”). Please read these Terms of Use carefully. “Subscriber,” “You” or “Your” refers to the person accessing or using the App and/or the Services. BY CLICKING THE “I ACCEPT” BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY (COLLECTIVELY, THE “AGREEMENT”) AND YOU certify that you are either (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, and (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 APP, THE CONTENT OR THE SERVICES. Unless otherwise stated herein, all defined terms shall have the meaning set forth in the Privacy Policy.

THIS APP DOES NOT PROVIDE MEDICAL ADVICE. The App, 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 App, 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 App, the Content and the Services. Reliance on the App, the Content and the Services is solely at your own risk.

Use of Personal Data. Your use of the App 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 is governed according to our Privacy Policy (located at https://atpointofcare.com/privacypolicy which is hereby incorporated by reference in its entirety.

Registration. If you would like to use the App, you will need to register as a subscriber (“Subscriber”). 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 App 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 Services 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 Services through the App in accordance with the terms and conditions of this Agreement. @Point of Care^™ will be responsible for providing the App, and Subscriber will be responsible for obtaining internet connections and other third party software and services necessary to access the App. Subscribers will have the right to (i) create individual accounts through the App (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 (iii) 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. Subscribers who are healthcare providers may have access to a drug database that contains information for the drugs that are approved and available for prescription (“Drug Database”). Reliance on the information from the Drug Database is solely at your risk.

@Point of Care^™ Reservation of Rights. @Point of Care^™ is under no obligation to accept any individual as a Subscriber to the Services, 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 App and from there the Subscriber’s Personal Data shall no longer be available via the App.

Fees. From time to time, @Point of Care^™ may charge fees in connection with the App and various Services provided through the App. 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 a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on mobile devices that you own or control and to run such copy of the App solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple, Inc. (“Apple”) application store (“Apple App”), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

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 App, the Content, the Services or any Subscriber Database; (ii) copy, modify, adapt or translate the App, the Content, the Services or any Subscriber Database, or otherwise make any use, resell, distribute or sublicense the App, the Content, the Services or any Subscriber Database except in connection with this Agreement; (iii) disclose and/or make the App, 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 App, the Content, the Services or any Subscriber Database; or (vi) use the App, 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.

Intellectual Property Rights.

You acknowledge that this App 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), @Point of Care^™ (standard characters), My360 (standard characters), Living Medical eTextbook (stylized with design) and Living Medical eTextbook (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 App 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 Care360. Nothing on this App 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 App, 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 App and/or the Services, you hereby agree that:

You will not use the App and/or 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 App and/or 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 App and/or 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 App and/or 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^™ through the App, 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 through the App. 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 App may periodically provide links to third party websites (“Third-Party Sites”) as well as other websites operated by @Point of Care360 (“Other @Point of Care^™ Sites”). This Agreement governs only this App and not any Third Party Sites or Other @Point of Care^™ Sites. Our decision to link to a Third-Party App is not an endorsement of the content or services in that linked Third Party App. 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 App. We also prohibit the use of any links to the App 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 App with any other website.

Advertisements on this App. @Point of Care^™, in its sole discretion, may post the advertisements of third parties on the App. The display of advertisements on the App 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 App 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 App.

Security of the App. Actual or attempted unauthorized use of the App, 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 App 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 App. @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 App 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 App.

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

Accessing and Downloading the App from iTunes. The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Use:

· You acknowledge and agree that (i) these Terms of Use are concluded between you and @Point of Care^™ only, and not Apple, and (ii) @Point of Care^™, not Apple, is solely responsible for the Apple App and content thereof. Your use of the Apple App must comply with the App Store Terms of Service.

· You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.

· In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App. As between @Point of Care^™ and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of @Point of Care^™.

· You acknowledge that, as between @Point of Care^™ and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple App or your possession and use of the Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

· You acknowledge that, in the event of any third party claim that the Apple App or your possession and use of that Apple App infringes that third party’s intellectual property rights, as between @Point of Care^™ and Apple, @Point of Care^™, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.

· You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

· You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the Apple App, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the Apple App against you as a third party beneficiary thereof.

· Without limiting any other terms of these Terms of Use, you must comply with all applicable third party terms of agreement when using the Apple App.

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 APP 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 APP, 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 APP OR THE SERVICES. NONE OF @Point of Care^™ PARTIES WARRANT THAT THIS APP OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS APP, THE SERVICES, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS APP ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS APP AND THE SERVICES, AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT, SERVICES AND THE APP 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 APP 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 App.

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 APP. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS APP. IN NO EVENT SHALL ANY OF @Point of Care360 PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE APP 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 App, 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 App, 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 App, the Content or the Services at any time without prior notice or liability.

Copyright Complaints.

If you believe this App 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 App;
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 360, LLC

290 W. Mt. Pleasant Avenue

Suite 2350

Livingston, NJ 07039

973.890.8988

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, 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 App 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 App. 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 App 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^™ App helpful and convenient to use. Questions or comments regarding this App, including any reports of non-functioning links, should be submitted using our email address at [email protected] or via U.S. mail to