Terms of Service

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Terms of Service

Last updated on April 29, 2020

Please read these Terms of Service ("Terms") carefully before agreeing to use the www.accentushealth.com website ("Website") and the service accessible through the Website (the "Service") operated by Accentus Health, Inc. ("Accentus," "us," "we," or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you do not have permission to access the Service.

1. These Terms

In order to become a User ("User" or "you") of the Website and to enjoy the Services offered and features available on the Website, you must read and accept all these Terms and our Privacy Policy. By browsing, accessing, or using the Website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to these Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

We may modify these Terms from time to time without notice to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements, and changes in our service offering. Such modification shall be effective upon posting by us on the Website. You agree to be bound by any changes to these Terms when you use the Service after any such modification is posted on the Website. Therefore, it is important that you review these Terms regularly to ensure you are updated as to any changes.

2. Accounts

In order to make certain use of the Service, you must create an account.  Your access to the expanded Services that is available to registered users is further subject to our End User License Agreement (the “EULA”) that you will be asked to agree to when you register your account.  In the event that any term contained in these Terms conflicts with any provision of the EULA, that particular provision of the EULA shall govern. 

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

3. Authorization Limitations and Restrictions

You shall not, and shall not permit any other person to, access or use the Service or materials made available through the Service (the “Materials”) except as expressly permitted by these Terms.  For purposes of clarity and without limiting the generality of the foregoing, except as expressly permitted by this Agreement, you shall not

(a) copy, modify, or create derivative works or improvements of the Service or Materials;

(b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Service or Materials to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;

(c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Service or Materials, in whole or in part;

 (d) bypass or breach any security device or protection used by the Service or Materials or access or use the Service or Materials other than by your own use of your then valid access credentials;

(e) input, upload, transmit or otherwise provide to or through the Service any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful code;

(f) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Service, our systems or our provision of services to any third party, in whole or in part;

(g) remove, delete, alter or obscure any trademarks, specifications, documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Service or any Materials, including any copy thereof;

(h) access or use the Service or Materials in any manner or for any purpose that infringes, ,misappropriated or otherwise violates any Intellectual Property Right or other rights of any third party, or that violates any applicable Law;

(i) access or use the Service or Materials for purposes of competitive analysis of the Service or Materials, the development, provision or use of a competing software service or product or any other purpose that is to the Provider's detriment or commercial disadvantage; or

(k) otherwise access or use the Service or Materials beyond the scope of the authorization granted hereunder.

4. Intellectual Property Rights

The Service and the Website, and their collective entire contents, structure, infrastructure, architecture, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You are permitted to use the Service for your commercial use consistent with these Terms.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials made available on or through the Service, except (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not (i) modify copies of any materials from this site or (ii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

No right, title,or interest in or to the Website or Service or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website or Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

5. Trademarks

Our name, (Accentus Health, Inc.), the term Accentus, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Accentus or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Service website are the trademarks of their respective owners.

6. Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Accentus.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Accentus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

7. Payment 

Pricing for the Service is listed on the publicly accessible portion of the Website and is subject to change at any time, though if you have already submitted payment for a monthly package, you will have access for the month purchased at the rate then charged.  Your next month of access to the Service will be charged at the new rate.  Payment for the Service shall be made using a major credit card.  If you fail to make a payment or credit card payment is declined, returned, or refused by your credit card company, then you will lose access to certain functionality of the Service or sections of the Website. 

8. Termination

We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website or the Service. When a breach of these terms has occurred, we may take such action as we deem to be appropriate.

You agree that we may, with or without cause and/or prior notice, take any or all of the following actions:

immediate, temporary, or permanent withdrawal of your right to use the Website or Accentus Service;

issue a warning to you;

commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs resulting from the breach);

further legal action against you; and/or

disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Without limiting the foregoing, the following will lead to a termination by us of your use of the Accentus Service: (a) breaches or violations of these Terms or other incorporated Accentus agreements or guidelines (including the Privacy Policy or EULA); (b) requests by law enforcement or other government agencies; (c) an express request by you; (d) suspicion of fraud; or (e) unexpected technical issues or problems.

The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Social Media 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.

Send e-mails or other communications with certain content or links to certain content on this Website.

Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.

Link to any part of the Website other than the homepage.

Otherwise, take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion. 

10. Indemnification

You agree to defend, indemnify and hold harmless Accentus and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password, or (b) a breach of these Terms.

11. Limitation Of Liability

IN NO EVENT SHALL ACCENTUS, OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. Disclaimer of Warranty 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

ACCENTUS, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE.

13. Services Disclaimer

THE WEBSITE AND SERVICE, INCLUDING THE COPYRIGHT MATERIALS THEREIN, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL OR MEDICAL ADVICE. TO THE EXTENT PERMITTED BY LAW, THERE IS ABSOLUTELY NO ASSURANCE THAT ANY INFORMATION TOUCHING ON MEDICAL MATTERS IS TRUE, CORRECT, OR PRECISE. THE MEDICAL INFORMATION PROVIDED IN THE APPLICATION IS OF A GENERAL NATURE AND CANNOT SUBSTITUTE FOR PROFESSIONAL ADVICE, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NOTHING STATED IN THE SOFTWARE OR COPYRIGHT MATERIALS OR DOCUMENTATION OR AVAILABLE THROUGH THE LICENSED SOFTWARE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE INCLUDING, PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.  

14. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of Ohio, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

16. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

17. Contact Us

If you have any questions about these Terms, please contact us at support@accentushealth.com