1. Acceptance of Terms.
b. You may not use the HITECH Tools if you are prohibited by Law (as defined below in Section 2(d)) from receiving or using the HITECH Tools. Also, unless expressly stated in the Additional Terms for any given Service, you may not use the Services unless you are fully able and competent to enter into the conditions, obligations, representations and other terms of these General Terms and are either of legal age to form a binding contract with Dynamic Health IT, possess legal parental or guardian consent or are an emancipated minor. In particular, unless expressly stated in the Additional Terms for any given Service, you affirm that you are over the age of 13 and acknowledge that these Services were not intended for children under 13.
d. Dynamic Health IT may change the Terms from time to time at its sole discretion, including by imposing a charge for access to or use of a HITECH Tools. If such changes are made, Dynamic Health IT will make a new copy of the General Terms available at www.dynamichealthit.com/terms, with any new Additional Terms made available to you from within or through the affected Service. Dynamic Health IT may require you to provide consent to the updated Terms in a specified manner before further use of the HITECH Tools is permitted. Otherwise, your continued use of any affected Service constitutes your acceptance of the changes. Your use of the HITECH Tools is subject to the most current version of the Terms posted on or through the affected Service at the time of such use. Please regularly check www.dynamichealthit.com/terms to view the then-current General Terms and Addition Terms.
2. Use of Services and Materials.
a. You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the HITECH Tools.
b. Unless expressly agreed to by Dynamic Health IT in writing elsewhere, Dynamic Health IT has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available through your use of the Services (“Your Content”). “User Content” means any Materials uploaded by you or the other users of the HITECH Tools. Dynamic Health IT has no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the HITECH Tools. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Dynamic Health IT retains the right to create reasonable limits on the use of the Materials, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the HITECH Tools and as otherwise determined by Dynamic Health IT in its sole discretion.
c. You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Dynamic Health IT immediately. You may not use another person’s Account Information. Dynamic Health IT may require that you change your Account Information or certain parts of your Account Information at any time for any reason.
d. You agree to use the HITECH Tools and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) (“Law”).
e. You agree not to access or attempt to access the HITECH Tools by any means other than the interface provided by Dynamic Health IT or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
a. The HITECH Tools and Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the “Intellectual Property Rights”). Except as expressly provided in the Terms, Dynamic Health IT and its suppliers do not grant any express or implied rights to use the
4. Use of Software.
a. Any Software that is made available via the Services is the property of Dynamic Health IT and its suppliers. If the Software made available via the HITECH Tools is accompanied by license terms, then use of such Software is governed by the terms of such license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the hyperlinks referenced in the Software. License terms may only be posted with the Software downloads or at the web page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between these Terms and the license agreement provided with such Software, the license agreement shall take precedence in relation to that Software; except only that if the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.
b. If no license agreement accompanies the Software, use of the Software will be governed by the terms of this Section 4(b). Dynamic Health IT grants you a personal, worldwide, freely revocable, limited, non-transferable, non-sublicensable, royalty-free, non-assignable, nonexclusive license to use the Software in the manner permitted by the Terms. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that you must first request the information from Dynamic Health IT and Dynamic Health IT may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on use of the Software to ensure that Dynamic Health IT ’s Intellectual Property Rights in the Software are protected. You may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. For clarity, your use of the Software is also subject to the disclaimers and limitations in Section 14, below and your compliance with the export control provisions of Section 18.
5. Use of Dynamic Health IT Materials, User Content and Shared Group Content.
a. Except as expressly indicated to the contrary in any applicable Additional Terms, Dynamic Health IT hereby grants you a nonexclusive, freely revocable (upon notice from Dynamic Health IT ), nontransferable, license to view, download and print Dynamic Health IT Materials, subject to the following conditions:
i. You may access and use the Dynamic Health IT Materials solely for personal, informational, non-commercial and internal purposes, in accordance with the Terms;
ii. You may not modify or alter the Dynamic Health IT Materials;
iii. You may not distribute or sell, rent, lease, license or otherwise make the Dynamic Health IT Materials available to others; and
iv. You may not remove any text, copyright or other proprietary notices contained in the Dynamic Health IT Materials.
b. Some Services involve collaboration and file-sharing services among other users or a specific group in conjunction with such collaboration and file-sharing. The User Content that you or other Users share with other Users through the Services shall be referred to as “Shared Group Content”. While some Services offer functionality to limit another User’s use of your Shared Group Content, such limitations are not guaranteed and it is your sole responsibility to determine what limitations, if any, are placed on Shared Group Content that you distribute. You agree that Dynamic Health IT has no liability of any kind should other Users use, modify, destroy, corrupt, copy or distribute your Shared Group Content in violation of the limitations that you may impose on its use. Further, it is your sole responsibility to determine what limitations are placed on your use of another User’s Shared Group Content, including by looking at a given Service’s functionality and Additional Terms along with any additional restrictions placed by such User on your use of their Shared Group Content
d. Software is subject to the additional provisions governing Software set forth herein.
e. The rights granted to you in Dynamic Health IT Materials as specified above are not applicable to the design, layout or look and feel of the of any Services. Such elements of the Services are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No Dynamic Health IT Materials may be copied or retransmitted unless expressly permitted by Dynamic Health IT .
6. User Conduct.
a. You agree that you, not Dynamic Health IT, are entirely responsible for all of Your Content that you distribute, perform, display, upload, post, email, transmit or otherwise make available on or through the Services (“Make Available”), whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness.
b. You represent and warrant that: (i) you own the Intellectual Property Rights, or have obtained all necessary license(s) and permission(s), to use Your Content in keeping with your use in connection with the Services or as otherwise permitted by the Terms; (ii) you have the rights necessary to grant the license and sublicenses described in the Terms; and (iii) you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in the Terms, including distribution, public display, public performance and reproduction of Your Content.
c. You acknowledge and agree that by accessing or using the HITECH Tools or Materials, you may be exposed to Materials from others that you may consider offensive, indecent or otherwise objectionable and hereby do waive any legal or equitable rights or remedies you have or may have against Dynamic Health IT with respect thereto, and agree to indemnify and hold Dynamic Health IT, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
d. You agree not to use, or to encourage or permit others to use, the Services to: i. Make Available any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. Stalk, intimidate and/or harass another;
iii. Incite others to commit violence;
iv. Harm minors in any way;
v. Make Available any Material that you do not have a right to Make Available under any Law or contractual or fiduciary relationship;
vi. Make Available any Material that infringes any Intellectual Property Right or other proprietary right of any party;
vii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
viii. Forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Services;
ix. Use the Services or Materials such that it will mislead a User into believing that they are interacting directly with Dynamic Health IT or any Service;
x. Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
xi. Use any Dynamic Health IT domain name as a pseudonymous return email address;
xii. Make Available any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
xiii. Access or use the Services in any manner that could damage, disable, overburden or impair any Dynamic Health IT server or the networks connected to any Dynamic Health IT server;
xiv. Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable Laws related to the access to or use of the Services, violate any requirements, procedures, policies or regulations of networks connected to the Services, or engage in any activity prohibited by the Terms;
xv. Disrupt or interfere with the security of, or otherwise cause harm to, the Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Services or any affiliated or linked sites;
xvi. Disrupt, interfere with, or inhibit any other User from using and enjoying the Services or Materials, or other affiliated or linked sites, Services or Materials;
xvii. Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Services;
xviii. Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Dynamic Health IT ;
xix. Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Services or any Materials, use of any Service or Materials, or access to any Service or Materials; or
xx. Use any data mining, robots, or similar data gathering and extraction methods in connection with the Services or Materials.
xxi. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section 6(d).
a. Dynamic Health IT, in its sole discretion, may (but has no obligation to) monitor or review the HITECH Tools and Materials at any time. Without limiting the foregoing, Dynamic Health IT shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any Law.
b. Although Dynamic Health IT does not generally monitor User activity occurring in connection with the HITECH Tools or Materials, if Dynamic Health IT becomes aware of any possible violations by you of any provision of the Terms, Dynamic Health IT reserves the right to investigate such violations, and Dynamic Health IT may, at its sole discretion, immediately terminate your rights hereunder, including your right to use the HITECH Tools, or Materials or change, alter or remove Your Content or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, Dynamic Health IT believes that criminal activity has occurred, Dynamic Health IT reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, Dynamic Health IT is entitled to retain and/or disclose any information or Materials, including Your Content or Account Information (or elements thereof), in Dynamic Health IT ’s possession in connection with your use of the HITECH Tools to (i) comply with applicable Law, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the Terms or rights of third parties; (iv) respond to your requests for customer services; or (v) protect the rights, property or personal safety of Dynamic Health IT, its Users or third parties, including the public at large, as Dynamic Health IT in its sole discretion believes to be necessary or appropriate.
8. Use of Your Content.
A note in common terms: We realize that this section might look a bit scary and so we want to point out a few things. This section only applies to those portions of our sites, such as User Forums, where we intend for users to share content freely with Dynamic Health IT and with each other. It does not apply to all of the content that you share, contribute or post to our sites. For services like those, we will provide customized license grants that are consistent with the spirit and intent of those services and that are appropriate for the kinds of content we expect you to share within them. (We say this more formally below.) So we encourage you to be selective when deciding which content to contribute under this license and we want you to be sure that you are comfortable granting the rights in this section when it comes to that content.
a. Dynamic Health IT does not claim ownership of Your Content. However, except as provided in Section 8(b), you grant Dynamic Health IT a worldwide (because the Internet is global), royalty-free, nonexclusive, transferable, perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your Content (in whole or in part) and to incorporate Your Content into other Materials or works in any format or medium now known or later developed.
b. The terms of Section 8(a) shall not apply to Your Content:
i. When specifically agreed that Section 8(a) shall not apply in any Additional Terms that may accompany certain Services; or
ii. When Your Content is Made Available through Services that are intended for private communication or which allow you to limit public access or use to Your Content and you do in fact limit public access or use.
In the case of Your Content covered by Section 8(b)(i), you grant Dynamic Health IT only those rights set forth in such Additional Terms.
In the case of Your Content covered by Section 8(b)(ii), you grant Dynamic Health IT a worldwide (because the Internet is global), royalty-free, nonexclusive, transferable, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate Your Content solely for the purpose of enabling your use of the HITECH Tools. You may revoke this license and terminate Dynamic Health ITs rights at any time by removing Your Content from the HITECH Tools; provided that you agree that Dynamic Health IT may retain and use copies of Your Content for archival purposes and pursuant to Section 7 (Investigations), above.
You have no obligation to provide Dynamic Health IT with ideas, suggestions, documentations and/or proposals (“Feedback”). However, if you submit Feedback to Dynamic Health IT, while you retain ownership in such Feedback, you hereby grant Dynamic Health IT a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose throughout the universe. Further, by submitting Feedback, you represent and warrant that (i) your Feedback does not contain the confidential or proprietary information of you or of third parties; (ii) Dynamic Health IT is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Dynamic Health IT may have something similar to the Feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from Dynamic Health IT for the Feedback under any circumstances.
10. Right to Derive Revenue/Advertisements.
Except for Your Content subject to Section 8(b) above, you agree that Dynamic Health IT may derive revenue and/or other remuneration from Your Content that you Make Available via the Services without payment to you. For example, Dynamic Health IT may display Dynamic Health IT and/or third party paid advertisements and/or other information adjacent to or included with the Services and adjacent to or in connection with Your Content, and you agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of advertising or other revenue generating models pursued by Dynamic Health IT on or in conjunction with the HITECH Tools and/or Your Content are subject to change without specific notice to you.
11. Links to Third Party Sites.
The HITECH Tools and Materials may include links that will take you to other sites outside of the Services (“Linked Sites”). The Linked Sites are provided by Dynamic Health IT to you as a convenience and the inclusion of the links does not imply any endorsement by Dynamic Health IT of any Linked Site. Dynamic Health IT has no control of the Linked Sites and you agree that Dynamic Health IT is not responsible for the availability or contents of any Linked Site (including any advertising, products or other materials on or available from such Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site.
12. Modifications to HITECH Tools and Materials.
Dynamic Health IT may at any time and from time to time modify or discontinue, temporarily or permanently, the HITECH Tools or Materials, or any portion thereof, with or without notice. You agree that Dynamic Health IT shall not be liable to you or any third party for any modification, suspension or discontinuance of the HITECH Tools or Materials.
a. The Terms will continue to apply until terminated by either you or Dynamic Health IT as set forth below.
b. If you want to terminate your agreement with Dynamic Health IT, you may do so by (i) notifying Dynamic Health IT at any time and (ii) closing your accounts for all of the HITECH Tools or Materials that you use, where Dynamic Health IT has made this option available to you. Your notice should be sent, in writing, to Dynamic Health IT’s address set forth below.
c. Dynamic Health IT may at any time terminate the Terms (or portion thereof, such as any individual Additional Terms) with you if:
i. You have breached any provision of the Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
ii. Dynamic Health IT is required to do so by Law (for example, where the provision of the HITECH Tools or Materials to you is, or becomes, unlawful);
iii. The provision of the HITECH Tools to you by Dynamic Health IT is, in Dynamic Health IT’s opinion, no longer commercially viable;
iv. Dynamic Health IT has elected to discontinue the HITECH Tools or Materials (or any part thereof); or
v. There has been an extended period of inactivity in your account.
d. Dynamic Health IT may also terminate or suspend all or a portion of your account and/or access to the HITECH Tools for any reason. Except as may be set forth in any Additional Terms applicable to a particular HITECH Tool, termination of your account may include: (i) removal of access to all offerings within the HITECH Tools; (ii) deletion of Your Content and Account Information, including your personal information, log-in ID and password, and all related information, files and Materials associated with or inside your account (or any part thereof); and (iii) barring of further use of the HITECH Tools.
e. You agree that all terminations for cause shall be made in Dynamic Health IT’s sole discretion and that Dynamic Health IT shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your Account Information), or access to the HITECH Tools and Materials, including Your Content.
f. Upon expiration or termination of the Terms, you shall promptly discontinue use of the HITECH Tools and Materials. However, any perpetual licenses you have granted, any of your indemnification obligations hereunder, any of Dynamic Health IT’s disclaimers or limitations of damages of liabilities hereunder and Sections 2, 3, 6(b-d), 7, 9-13, 14, 16, 19, 20 and 21 will survive any termination or expiration of the Terms.
14. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
a. THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY DYNAMIC HEALTH IT “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DYNAMIC HEALTH IT MAKES NO WARRANTY THAT (I) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, HITECH TOOLS OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SITE, HITECH TOOLS OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DYNAMIC HEALTH IT OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
b. DYNAMIC HEALTH IT SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY HITECH AND YOUR USE OF MATERIALS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. DYNAMIC HEALTH IT ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.
c.DYNAMIC HEALTH IT DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. DYNAMIC HEALTH IT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR HITECH TOOLS. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
d. MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED DYNAMIC HEALTH IT SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF DYNAMIC HEALTH IT . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DYNAMIC HEALTH IT WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. DYNAMIC HEALTH IT ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
e. DYNAMIC HEALTH IT WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY HITECH TOOLS OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
f. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitations of Liability
IN NO EVENT WILL Dynamic Health IT, Inc. OR ITS PARENT, AFFILIATES, LICENSEES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR ITS PRODUCTS OR SERVICES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE). THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF DYNAMIC HEALTH IT OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Notification of Copyright Infringement.
a. Dynamic Health IT respects the Intellectual Property Rights of others and expects its users to do the same. Dynamic Health IT will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification.
b. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the HITECH Tools, on web sites linked to or from the HITECH Tools, or in connection with the HITECH Tools or Materials, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) of claimed copyright infringement to Dynamic Health IT’s Copyright Agent (contact information below), which must contain all of the following elements:
i. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
ii. A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
iii. A description of where the content that you claim is infringing is located on the HITECH Tools;
iv. Information sufficient to permit Dynamic Health IT to contact you, such as your physical address, telephone number and e-mail address;
v. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
vi. A statement by you that the information in your notice is accurate and, under penalty of perj ury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney.
17. Export Control Laws.
You acknowledge and agree that products, services or technology provided by Dynamic Health IT are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, reexport, or transfer Dynamic Health IT products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
18. Indemnity and Liability.
You agree to indemnify and hold Dynamic Health IT and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your Content, your use of the HITECH Tools or Materials, your connection to the HITECH Tools or Materials, the actions of any member of your group, your access to or use of Linked Sites and your connections therewith, any claim that Your Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the HITECH Tools or Materials, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.
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