Terms of Use
Welcome to www.eclinic-emr.com (the "Site"), a website operated by Eclinic ("Eclinic," "we," "us," "our"). Your use of the Site and any information distributed in conjunction with this Site, or any of the products or services offered thereon (collectively, the "Services") is subject to these terms of use ("Terms of Use"), our privacy policy, and other notices posted on this Site. Your use of this Site or of any content presented in any and all areas of the Site indicates your acknowledgment and agreement to these Terms of Use, our privacy policy and other notices posted on this Site. If you do not agree to be bound by and comply with all of the foregoing, you may not access the Site or use the Services. We suggest you print a copy of each of these documents for your records. In addition, some of the Services may be subject to additional posted terms and conditions. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by reference. In the event of inconsistency between these Terms of Use and any additional posted terms and conditions, the provisions of the additional terms and conditions shall control.
Participation Restriction
This Site is not intended for use by anyone not able to legally form binding contracts. If you are not able to legally form binding contracts, you may not use the Site or submit information about yourself to the Site. We reserve the right to discontinue, suspend, cancel, deactivate or delete your account and all related information and files in your account. We further reserve the right (but do not have the obligation) to restrict, refuse, terminate, or suspend your access to or use of all or any part of the Services, at any time and for any reason without giving any prior notice, in our sole discretion, including without limitation, in such instances wherein we believe that you are or might be engaged in any form of fraudulent, illegal, or otherwise improper activity regarding the Services. You agree that we will not be liable to you or any third party for taking any of these actions.
Revisions to the Site or Terms of Use
We reserve the right at any time to change the Site, including eliminating or discontinuing any content on or feature of the Site and any part of our Services. In addition, we may revise these Terms of Use at any time, at our sole discretion, by posting an amended Terms of Use on the Site. Any changes that we make to the Terms of Use will be effective immediately upon posting. Please check this page periodically for changes to the Terms of Use; you will be able to determine if the terms have been changed since your previous visit by viewing the "Last Updated" information that appears at the top of this page. Your use of the Site and any dispute related thereto is subject to the then-current version these Terms of Use.
Proprietary Rights
The Site, its underlying technology and software, and all content and materials within the Site, including site layout, design, images, programs, text, illustrations, videos, music, logos, trademarks, service marks, animations, and any other information (collectively, the "Content") are the property of Eclinic its affiliated companies or licensors, or other users of the Site, and is protected by U.S. and international copyright and other intellectual property laws. You acknowledge that these rights are valid and enforceable. Except as explicitly permitted, on a case-by-case and use-by-use basis, by the respective owner of the Content, you may not copy, display, distribute, modify, publish, perform, reproduce, republish, post, store, transmit, create derivative works from, reverse engineer, sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone. Nothing contained in these Terms of Use shall purport to convey any ownership or other rights with respect to the Content, and you acknowledge that by using the Site or Content you do not acquire any ownership or other rights with respect thereto. You may print or download Content from the Site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Eclinic.
Your Conduct on Our Site
While using the Site, Services, and any information or products contained on the Site, you agree to comply with all applicable laws, rules, and regulations. You agree to use our message facilities only to send and receive messages and material that are proper and related to eCLINIC. Without limiting any of the foregoing, you agree that you will not use our Site to take any of the following actions:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of another person or advocate any of the foregoing;
• Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
• Advertise, promote, solicit, or offer to sell any goods or services for any commercial purpose unless you have our prior written consent to do so;
• Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
• Restrict or inhibit any other user from using and enjoying any public area within our Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
• Interfere with or violate any other Site user's right to privacy; solicit, collect or store personal information about other users of the Site without their express consent;
• Impersonate any person or entity, including, but not limited to, a Eclinic representative, or falsely state or imply, or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site;
• Use the Site or the materials contained on the Site for any fraudulent or unlawful purpose.
• Interfere with or disrupt our Site, servers, or networks, or take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
• "Frame" or "mirror" any part of the Site without our prior written authorization.
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to access, monitor, copy, retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, any part of the Site, or its contents. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
Notification of Objectionable or Infringing Content
If You believe that any Content available on the Site is incorrect, pornographic, obscene, or offensive, or infringes your intellectual property rights, please notify us by mail to the address provided below. When reporting a copyright infringement, you must (a) identify the copyrighted work that you believe has been infringed upon, in sufficient detail so we can find it; (b) identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site; (c) include a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) include a statement by you declaring under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (e) your physical address, telephone number, and email address, and (f) your electronic or physical signature.
Privacy policy
You agree that we may collect and use information that you provide to us or that is otherwise collected about you when you use the Site, in accordance with our Privacy Policy.
Governing Law
When accessing this Site (regardless of where you are located) you agree that these Terms of Use, our Privacy Policy, and any matters arising from or relating to use of this Site, are to be construed in accordance with and governed by the internal laws of the State of Arizona (without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Arizona to the rights and duties of the parties), and any disputes arising herefrom shall be determined by a court of competent jurisdiction in Arizona (or such other venue which we may elect as appropriate, in our sole discretion), and you hereby submit to the personal jurisdiction thereof.
Notice for California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Notices
Unless provided to the contrary herein, any and all notices or other communications or deliveries required or permitted to be made under these Terms of Use shall be sent (a) if to you, at the electronic mail address you provide during registration, and (b) if to Eclinic, by electronic mail to info@eclinic-emr.com
Miscellaneous
If any provision of these Terms of Use are found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. These Terms of Use, together with any of our policies and agreements referred to herein, are the entire agreement between you and us relating to your use of the Site, Services, or the Content, and supersedes any and all prior or contemporaneous written or oral agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of these Terms of Use. These Terms of Use are not assignable, transferable or sublicenseable by you except with our prior written consent. The provisions of the following sections shall survive any termination of these Terms of Use: Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Your Conduct on Our Site, Governing Law, Notices, and Miscellaneous.