Platinum MD
By using the PlatinumMD Site the user agrees to these terms and represents that the user is 18 years of age or older, and if agreeing to these terms on behalf of another person or any legal entity, that the user is duly authorized to do so. Use of the ePlatinumMD Site after any change in these terms constitutes agreement to these terms as modified.
PlatinumMD grants the nonexclusive, nontransferable, royalty-free right and license to access and use ePlatinumMD Site in any manner permitted under these terms.
PlatinumMD provides information, products and services to meet the needs of a diverse group of people. Medical practices, clinics, hospitals, industry groups, and other institutions and businesses who are interested in ePlatinumMD’s products and services, including present and prospective customers, healthcare IT experts, investors and members of the general public. The needs of ePlatinumMD evolve in response to factors, including medical science, healthcare information technology, public health and health care policy, and the regulations. ePlatinumMD may begin, alter, suspend, and terminate offering of the content, features or functions on or through the ePlatinumMD Site in any manner consistent with contractual obligations, at any time, without notice.
Nothing appearing on the PlatinumMD Site is professional advice specific to medical, legal, accounting, tax, or compliance. Nothing obtained on or through the ePlatinumMD Site is a substitute for advice provided by specific professionals.
The user is responsible for online contributions. PlatinumMD may offer through or as part of the site, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting, the user represents to ePlatinumMD, in each instance, that the user either owns or that has the right to display or transmit each and every element of participation, and that submission will not violate the legal rights or interests of any person or entity; and that the user grants to ePlatinumMD a perpetual, irrevocable, royalty-free license to use the participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes. If there is any question as to whether the user has the right to make a contribution to the site or does not wish to grant the rights of use, the contribution should not be made.
Rights to access and use PlatinumMD granted above is contingent upon compliance with the content in this section below.
The site is to be used at all times solely as permitted under these terms and solely for internal business purposes, not to access or use the site for any other purpose or for any unlawful or illegal purpose, to no defeat or evade any security or access control device or procedure used on or associated with the site; and not to defeat or sell, lease, traffic in, sublicense, or otherwise transfer to any person or entity either rights to access or use the site or any password, user name, or other information or device used to authorize access to and use of, the site; or disclose any of the foregoing to anyone other than employees and agents whose duties require their use.
Obligations under this provision include agreement not to permit any person or entity who is not a customer or an employee of a customer of PlatinumMD to have access to any section of the ePlatinumMD site reserved for customers using password, user name, or other access credentials, except as agreements with ePlatinumMD which expressly permits not to access or use the ePlatinumMD site using any automated, recursive or robotic means or in any other manner that, in ePlatinumMD’s sole judgment, interferes with the operation of the site or burdens the ability to provide the site
The PlatinumMD site reflects intellectual property that, as between the user and ePlatinumMD, is owned solely and exclusively by ePlatinumMD. The user acknowledges and agrees that the user may not reverse engineer, disassemble, decompile, download, copy, reproduce, prepare derivative works of, distribute, publish, perform or display any functionality, code, content, or other resource used by ePlatinumMD; or any Information Resource made available on or through the ePlatinumMD site, except as ePlatinumMD in current effect otherwise provide or has otherwise permitted
PlatinumMD grants a non-exclusive, non-transferable right and license to copy limited portions of text and to download, copy, and distribute articles, white papers, downloadable and other content displayed or otherwise made available on any section authorized to use solely and exclusively for internal business purposes, provided that the user is otherwise in compliance with any agreement entered into with ePlatinumMD and that any such copy the user make identifies ePlatinumMD as the author of that content and bears each and every legal notice that appears on the ePlatinumMD site on or in association with that content, including without limitation, the copyright notice applicable to the specific content copied. The rights of use granted under this limited license specifically exclude the right to distribute or otherwise transfer full or partial copies, reproductions, or summaries of any licensed site content to any person or entity who is unaffiliated with the user or from which the user has removed any copyright or other proprietary notice
Nothing in these terms provides the user with any license or rights of use in or to any portion of the PlatinumMD site or any other intellectual property of ePlatinumMD other than those expressly stated herein or transfers any rights, title or interests in or to any intellectual property of ePlatinumMD
The user agrees not to allow any person or entity acting on the user’s behalf or using the user’s system to act in any manner prohibited above or attempt to act in any manner prohibited above, including without limitation disallowed utilization of hardware, software, network and Internet connectivity, and information, individually or in any combination
Any use or attempted use of the PlatinumMD site in violation of these terms may, without prejudice to any other claims, rights, or remedies ePlatinumMD may have, result in the termination of the user’s rights to use the ePlatinumMD site
Regarding contract partners, if the user has entered into one or more agreements with PlatinumMD that are in effect when the user utilizes the ePlatinumMD Site, including without limitation, agreements that authorize the user to use ePlatinumMD software or our other products or services, the user acknowledge and agree that use of the ePlatinumMD Site is governed by those agreements as well as by these terms.
The user’s obligations to safeguard PlatinumMD’s confidential and proprietary information from unauthorized disclosure or use, as set forth in the user’s agreements with ePlatinumMD, apply with respect to any and all use the user may make of non-public sections of the site and ePlatinumMD’s use of the ePlatinumMD Site, if any, to deliver certain products, services or related Information Resources to the user does not alter our agreement with the user. The terms of the agreement that define the scope of the user’s permitted use of these products, services or resources, apply fully to anything we deliver to the user through this site. As such, the user agrees that certain uses the user may make of the ePlatinumMD Site in violation of these terms may also constitute a material breach of one or more agreements the user has entered into with ePlatinumMD. In the case of a conflict between any executed agreement between the user and ePlatinumMD and these terms or any other document, the terms of the executed agreement between the user and ePlatinumMD shall govern the right and obligations of the parties.
The site is provided “as is” and “as available.” The user’s decision to use the site with respect to any information is the sole responsibility of the user and that any and all uses the site may make are, and shall be, at the user’s sole risk. PlatinumMD does not warrant that the site will perform as expected or without interruption, that it will meet all needs, be secure, that the content posted onto the site will be current, accurate, or free from errors, viruses, other malicious or harmful code, or other defects, that use of the site will not result in loss of, or damage to, information, that information posted to the site can or will be displayed accurately, completely, or at all, or that the site will not alter or damage systems. ePlatinumMD expressly disclaims any and all warranties related to the site, any functionality, content or other information made available to the user on or through the site, and information posted to the site, or any system used to do so, expressed or implied, statutory or otherwise, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event shall PlatinumMD officers, directors, employees, shareholders, agents, or representatives be liable to the user or to any of the affiliated practices for any direct, indirect, consequential, punitive, or other damages, including without limitation damages for loss of goodwill, lost profits, lost data or lost opportunities, in any way relating to these terms and conditions or resulting from any use of, or inability to use, the site or any breach of security, including the failure of essential purpose, even if company has been notified of the possibility or likelihood of such damages occurring, and, whether such liability is based on contract, tort, negligence, strict liability, products liability or otherwise. User acknowledges and agrees that sole remedy for alleged injury suffered from or related to use of the site is to quit use of the site.
The user agrees to indemnify, defend and hold harmless, at the user’s sole expense, PlatinumMD, and its directors, officers, affiliates, and employees from and against any claim arising from or related to the user’s use of the ePlatinumMD site and any breach of these terms by or attributable to the user, including without limitation, a claim that the user’s ePlatinumMD participation infringed intellectual property, privacy, or other legal rights or interests of any person or entity. The user agrees to pay any and all such claims, losses, deficiencies, damages, liabilities, costs and expenses, including without limitation, reasonable attorney’s fees and all related costs and expenses as are incurred by or awarded against any one or more of the parties with respect to each such claim. ePlatinumMD will use reasonable efforts to provide the user with prompt written notice of any such claim and of all related claims. The user agrees to conduct the defense and settlement of any related action or proceeding, subject to the parties’ consent to any position or settlement, which shall not be unreasonably delayed or withheld.
PlatinumMD Healthcare may change this policy at any time, though will make reasonable efforts to inform the user of those changes by posting a notice on the ePlatinumMD site or by sending notice by email or regular mail. The user is welcome to contact ePlatinumMD at any time with any questions about this policy, including questions as to whether the posted policy has been changed. Unless a notification of the change in policy states otherwise, changes to this policy are effective as of the date and time posted: 10/12/2009. No modification, amendment, or waiver of any provision of these terms shall be effective unless adopted by ePlatinumMD Healthcare in writing. No failure or delay by ePlatinumMD Healthcare in exercising any right, power, or remedy under these terms and conditions shall operate as a waiver of any such right, power, or remedy.
If any provision of these terms is ruled by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these terms shall remain in full force and effect.
The user acknowledges and agrees that each entity which collectively makes up PlatinumMD is a third party beneficiary of these terms, and that each entity may enforce any provision of the terms that benefits it. There are no other third party beneficiaries of these terms.
These terms shall be interpreted, construed and governed by, and in accordance with, the laws of the State of California. Any cause of action arising out of or related to these terms may only be brought in the local court of applicable jurisdiction in the State of California, Orange County, and the user hereby submits to the jurisdiction and venue of that court.
These terms are the final, complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersede any prior or contemporaneous agreements or understandings, either written or oral.