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Agreement: This Terms of Use Agreement ("Agreement") applies to all Atenda ("Atenda
Healthcare Solutions, Inc.") online resources including www.atenda.com and any
other Atenda Healthcare Solutions, Inc.® hosted systems, and all Atenda
Healthcare Solutions, Inc. services and related products (collectively, the
"System"). Please read this Agreement carefully before using any part of the
System. Use of the System is strictly subject to your acceptance of the terms
and conditions contained in this Agreement.
Medical Advice: Although Atenda Healthcare Solutions, Inc. is dedicated to
servicing the health care industry, Atenda Healthcare Solutions, Inc. is not
authorized to provide, and does not engage in, providing medical advice. Should
you require medical advice please contact a licensed healthcare professional.
Acceptable Use: You may not use the System for anything other than a lawful and
legitimate purpose. Regardless of the location from where the System is used or
accessed, you agree to comply with all applicable laws, regulations, statutes,
and ordinances in connection with the use of the System. Examples of prohibited
uses include, without limitation: (a) violation of any party's proprietary,
publicity, privacy, or other right; (b) use of the information to commit fraud;
(c) misuse or disclosure of a party's confidential or proprietary information;
(d) downloading or otherwise exporting programs or content from the System in
violation of United States export laws; (e) transmission, storage, or knowing
receipt of any obscene or pornographic material or engaging in any misleading,
tortuous, defamatory, libelous, or offensive activity; or (f) disruption of the
System, through use of methods such as viruses, Trojan horses, worms, time
bombs, denial of service attacks, flooding, or spamming. In addition, to the
extent applicable, you agree not to use, combine, or disclose the information
available on the System in such a way that would violate HIPAA regulations or
other applicable law.
Business Associates: Some parts of the System facilitate transactions between
you and certain Atenda Healthcare Solutions, Inc. Business Associates, as
defined by HIPAA. "Trading Partner(s)" means any laboratory, pharmacy, pharmacy
benefits manager, medical equipment supply company, disease management company,
third party administrator, or health plan to which Atenda Healthcare Solutions,
Inc. transmits transactions or from which Atenda Healthcare Solutions, Inc.
receives transactions.
Disclaimers: You expressly understand and agree that any and all information
contained on or obtained from the system is provided "as is" and on an "as
available" basis. Atenda Healthcare Solutions, Inc., its licensors, and its
information providers do not warrant that the system contains accurate
information or will be free from bugs, defects, or errors, or accessible without
interruption. Atenda Healthcare Solutions, Inc. makes no warranties, express or
implied, as to the merchantability, fitness for a particular use or purpose, or
any other warranty, condition, guaranty, or representation, whether oral,
written, or in electronic form, including but not limited to the quality,
accuracy, usefulness, timeliness, or completeness of any information provided
hereon.
Limitation of Liability: Your use of the system and the information therein is
entirely at your risk. Atenda Healthcare Solutions, Inc. will not be responsible
for any direct or indirect, consequential, special, or punitive damages or
losses you may incur in connection with the system, your use thereof, or any of
the information, data, or other material transmitted through or residing on the
system, or any errors, defects, interruptions, deletions, or losses resulting
therein, regardless of the type of claim or the nature of the cause of action,
even if Atenda Healthcare Solutions, Inc. has been advised of the possibility of
such damage or loss. To the maximum extent permitted by law, you hereby release
and forever waive any and all claims you may have against Atenda Healthcare
Solutions, Inc. from losses or damages you sustain in connection with your use
of the System.
Down Time: Atenda Healthcare Solutions, Inc. takes commercially reasonable
measures so that the System is available without significant interruption,
except for scheduled downtime needed to help maintain effective operation of the
System. However, difficulties with hardware, software, and equipment and
services supplied by others may result in service interruptions. IN NO EVENT
WILL ATENDA HEALTHCARE SOLUTIONS, INC. BE LIABLE TO ANY PARTY FOR ANY LOSS,
COST, OR DAMAGE THAT RESULTS FROM ANY PERIOD OF DOWN TIME SUFFERED BY THE
SYSTEM.
Intellectual Property: Atenda Healthcare Solutions, Inc. and its licensors and
its information providers retain all intellectual property rights with respect
to the System. All System content included or available on the System,
including, but not limited to, trade names or marks, service names or marks,
text, graphics, interfaces, code, information, databases, technology
(collectively, the "Content"), and the selection and arrangement thereof, are
the sole and exclusive property of Atenda Healthcare Solutions, Inc., or its
licensors or information providers. However, you are free to view, copy, print,
and distribute the Content as long as:
The Content is used for information purposes only.
The Content is used for non-commercial purposes only within your organization.
Copies of the Content include all applicable copyright notices.
The Atenda Healthcare Solutions, Inc. name, Atenda Healthcare Solutions, Inc.
logo, and all other Atenda Healthcare Solutions, Inc. trademarks that appear
throughout the System belong to Atenda Healthcare Solutions, Inc., its
affiliates licensors, information providers, or third party trademark owners.
The names of actual companies and products listed on the System may be the
trademarks of their respective owners.
Except as specified above, nothing contained herein shall be construed as
conferring by implication, estoppels, or otherwise any license or right under
any patent, trademark, or copyright of Atenda Healthcare Solutions, Inc. or any
third party. Please read the Atenda Healthcare Solutions, Inc. copyright
statement addressed by the Atenda Healthcare Solutions, Inc. Legal Policy on the
Copyright page.
Privacy Policy: Atenda Healthcare Solutions, Inc. recognizes the importance of
protecting the privacy of information we may collect from you. It is our intent
to balance our legitimate business interests in collecting and using information
received from and about you with your reasonable expectations of privacy. The
manner in which we handle information learned about you from your use of the
System is addressed by the Atenda Healthcare Solutions, Inc. Privacy Policy on
the Privacy Policy page.
Indemnification: You acknowledge that Atenda Healthcare Solutions, Inc. does not
endorse or act in a representative capacity and is not responsible or liable for
or on behalf of you, any affiliate site, other System user, or other third
party. To the maximum extent allowed by applicable law, you agree to defend,
indemnify, and hold harmless Atenda Healthcare Solutions, Inc., its affiliates,
and licensors and information providers, from and against all suits,
proceedings, losses, liabilities, and expenses, including without limitation,
attorneys' fees, whether in tort, contract, or otherwise, which arise out of or
relate to your breach of any term, acknowledgement, or warranty in this
Agreement, or any activity by you in relation to the System or use of the
Content.
General: This Agreement shall, for all purposes, be construed, governed by, and
enforced solely and exclusively in accordance with the laws of the State of
Florida, USA, without giving effect to its conflict of law provisions or your
actual state of residence. You hereby agree that the courts located in Fort
Lauderdale, Florida, USA, will constitute the sole and exclusive forum for the
resolution of any and all disputes arising out of or in connection with this
Agreement and you hereby irrevocably consent to the personal jurisdiction and
venue of such courts and irrevocably waive any objections thereto. You hereby
irrevocably consent to service of process for all actions in such courts. Any
judgments obtained by such courts may be entered and enforced against you in any
jurisdiction where you or your assets are located. Any legal action concerning
this Agreement or the System must be brought by you within one (1) year after
the claim or cause of action arises. If any provision of this Agreement is held
to be invalid or unenforceable such provision shall be struck and the remaining
provisions shall be enforced. Atenda Healthcare Solutions, Inc.'s failure to act
with respect to a breach by you or others does not waive its right to act with
respect to subsequent and/or similar breaches.
Acceptance of Terms: By accessing and using the System (or otherwise accepting
an agreement which incorporates, by reference, this Agreement), you signify your
acceptance of this Agreement. Atenda Healthcare Solutions, Inc. may change this
Agreement from time to time. If at any time, you choose not to accept this
Agreement, please do not access or use our site. Your continued use of the
System following the posting of changes to this Agreement will mean that you
accept those changes. Please contact us if you have questions about Atenda
Healthcare Solutions, Inc. or problems with the functionality of this site.
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