Terms and Conditions
Following are the PracticePRO Software Systems® Terms and Conditions of Use. Please read these Terms and Conditions carefully before using this site.
- BINDING AGREEMENT
- PROFESSIONAL SERVICES DISCLAIMER
- APPLICABLE LAW AND VENUE
- SERVICE AGREEMENT
- COMPLETE AGREEMENT
1. BINDING AGREEMENT
By accessing this web site, you agree that these Terms and Conditions form a binding agreement between you and PracticePRO Software Systems Incorporated (“PracticePRO Software Systems”). If you do not wish to be bound by these Terms and Conditions, do not use this web site. PracticePRO Software Systems reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view the web site. Your continued use of this web site signifies that you agree to be bound by these Terms and Conditions as they are amended.
2. PROFESSIONAL SERVICES DISCLAIMER
The contents of the web site, such as text, graphics, images, information obtained from PracticePRO Software Systems’s licensors, and other material (“Content”) is for informational purposes only. Any information furnished on this web site is not intended nor implied to be professional advice and is not intended to replace personal consultation with a qualified physician, pharmacist, other health care professional, an accountant, or an attorney, as applicable. PracticePRO Software Systems has not examined all Content for accuracy, timeliness, completeness, appropriateness, or helpfulness. PracticePRO Software Systems does not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this web site. Your reliance upon information and Content obtained by you at or through this web site is solely at your own risk. We assume no liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any product, information, idea, or instruction contained in the Content.
You acknowledge that the information on the web site is provided “AS IS” for general information only. PracticePRO Software Systems DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEB SITE OR THE INFORMATION IN IT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. PracticePRO Software Systems reserves the right to change or discontinue at any time any aspect or feature of this web site.
IN NO EVENT SHALL PracticePRO Software Systems, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT WHETHER OR NOT PracticePRO Software Systems IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You acknowledge that in connection with the web site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of PracticePRO Software Systems and its suppliers. Accordingly, PracticePRO Software Systems assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the web site. PracticePRO Software Systems shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500.00. Any claims arising in connection with your use of this web site or any Content must be brought within one (1) year of the date of the event giving rise to such action. Your remedies are limited to those expressly provided for in these Terms and Conditions.
5. COPYRIGHT AND OTHER PROPRIETARY RIGHTS
The Content consists of copyrighted works proprietary to PracticePRO Software Systems, its licensors, or its suppliers. You may download and print a single copy of the Content solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way and must contain the following copyrighted notice: “Copyright (c) 2008 PracticePRO Software Systems Incorporated. All Rights Reserved” and all other copyright and proprietary rights notices which were contained in such Content. Any other use of the Content is expressly prohibited without our prior written permission and any rights or licenses to any tangible or intangible PracticePRO Software Systems materials not expressly granted herein are expressly reserved to PracticePRO Software Systems. Any unauthorized use of any of the Content is a violation of law and subjects you to all civil and criminal penalties provided for under domestic and international laws covering such unauthorized use.
You agree that you will not post any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this web site, you agree that such submission is non-confidential for all purposes. If you post such communications or content, you automatically grant-or warrant that the owner of such content has expressly granted-PracticePRO Software Systems a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to include the work on the web site (and to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed).
PracticePRO Software Systems may provide links on the web site, via advertising and otherwise, to other web sites that are not under the control of PracticePRO Software Systems. PracticePRO Software Systems does not endorse or make any warranty of any type regarding the content contained on such web sites or products and services offered therein. Your use of such web sites is at your own risk and PracticePRO Software Systems is not liable to you for any loss or damage you may suffer by your use of such web sites. You hereby waive any and all claims you may have against PracticePRO Software Systems regarding our inclusion of such links to third party web sites or your use of those web sites.
8. APPLICABLE LAW AND VENUE
By accessing this web site both you and PracticePRO Software Systems agree that the statutes and laws of the State of Georgia, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this web site, except where preempted by the federal laws of the United States of America, in which case such U.S. federal law will apply. You and PracticePRO Software Systems also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court in the State of New York, with respect to such matters. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
The following provisions of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions: Warranty, Liability, Applicable Law, Severability, Survival, and Venue, Indemnification, Conflict, and Complete Agreement.
Any waiver of any of these Terms and Conditions shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.
You agree to defend, indemnify and hold PracticePRO Software Systems, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from (1) your breach of these Terms and Conditions or (2) your unauthorized or unlawful use of this web site or the Content.
13. SERVICE AGREEMENT
These Terms and Conditions govern your general access of and use of the web site, however, your use of any other services offered by PracticePRO Software Systems or its affiliates is also governed by your agreement with PracticePRO Software Systems or its affiliates relating to the provision of such services (the “Service Agreement”). You must enter into an independent Service Agreement in order to receive such services. In the event that any provision of these Terms and Conditions conflicts with any provision of the Service Agreement, the Service Agreement will control.
14. COMPLETE AGREEMENT
Except for the Service Agreement, if any, these Terms and Conditions contain the entire agreement between you and PracticePRO Software Systems relating to your use of this web site.