bing track

Terms of Use

Effective Date: June 21, 2017

Modernizing Medicine, Inc. and its subsidiaries and affiliated companies, including gMed Inc. (collectively, “Modernizing Medicine” “we” or “us”), thank you for using our Services. These Terms of Use (“Terms”) govern your access to and use of the websites (“Sites”), mobile applications (“Apps”) and other online services (including our cloud-based electronic health records services and patient portals), in each case that we own and/or operate and that link to these Terms (collectively, the “Services”). The Services include all software and Content provided through or as part of the Services.

Please read these Terms carefully before you start to use the Services, as they are a legal agreement between Modernizing Medicine and you. These Terms contain important provisions that limit our liability to you. By accessing or using the Services, you accept and agree to be bound by these Terms without limitation or qualification.

IMPORTANT DISCLAIMERS

  1. Modernizing Medicine does not provide medical care services. Modernizing Medicine provides technologies to help health care providers manage their medical practices. Modernizing Medicine also operates a portal wherein health care providers and patients can manage their accounts and records.
  2. Services-Specific Terms. These Terms contain general terms that apply to all our Services, as well as certain terms that apply only to a particular Service (“Services-Specific Terms”). We also may present to you or post additional Services-Specific Terms through the Services that apply to particular features of the Services. To the extent that these Terms conflict with the Services-Specific Terms, the Services-Specific terms will control.
  3. Customer Agreements. If you are using the Services on behalf of a health care provider that is a Modernizing Medicine customer (a “Provider Customer”), these Terms supplement any services agreement, business associate agreement and/or any other agreement between us and the Provider Customer (collectively, the “Customer Agreement”). To the extent that these Terms conflict with any Customer Agreement, the Customer Agreement will control. If you are using the Services as an employee or other representative of a Provider Customer, you are a “Practice User” for purposes of these terms. Customer Agreements contain terms protecting privacy and may contain terms that control over these Terms for Practice Users.

PRIVACY

To learn about our information collection, use, and privacy practices associated with the Services, please review our Privacy Policy. The Privacy Policy is incorporated into and made part of these Terms.

CHILDREN AND MINORS

The Services are not intended for or directed to children under 18 years old. If you are under 18 years old or otherwise have not attained the age of majority in your state of residence, you must have your parent or other legal representative’s permission to use the Services.

CHANGES TO THESE TERMS

We reserve the right to make changes to these Terms at any time. We will not make any changes that have a retroactive effect unless we are legally required to do so. Please check back from time to time to ensure that you are aware of any changes to these Terms. We will indicate the Terms’ effective date at the top of this page. Your continued use of the Services after changes have been posted indicates your consent to any changed Terms.

If we make material changes that would impact your use of the Services, we will endeavor to notify you of the changes, such as by posting a notice directly on the Services, by sending an email notification (if you have provided your email address to us), or by any other reasonable method. If you do not agree to the changed Terms, you should immediately terminate your use of the Services.

RESERVATION OF RIGHTS

We reserve the right at any time and for any reason, with or without notice, and without liability to you or any other user, to: (1) modify, suspend or terminate the operation or any feature of the Services; (2) restrict, limit, suspend or terminate your and/or any other user’s access to the Services; (3) monitor any user’s use of the Services to verify compliance with these Terms and/or any applicable law; (4) investigate any suspected or alleged misuse of the Services and cooperate with law enforcement and/or third-parties in such investigation; and (5) disclose information about any user’s use of the Services in connection with law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena.

PROPRIETARY RIGHTS

The Services are the proprietary property of Modernizing Medicine and/or its third-party licensors, and are protected by U.S. and foreign copyright, trademark and other intellectual property laws. As used in these Terms, “Content” means all text, information, materials, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, search engines and other content. The names, marks, logos and other identifiers associated with Modernizing Medicine and its products and services are trademarks and service marks of Modernizing Medicine and are solely owned by Modernizing Medicine.

Subject to your compliance with these Terms, we grant you a revocable, conditional and limited license to access and use the Services solely for your own personal and non-commercial use (or if you are a Practice User, otherwise in connection with the applicable Provider Customer’s authorized use of the Services) in accordance with applicable laws. If the Services permit you to download or print any Content, such Content may be used only by you and only in connection with this purpose. You may not copy or distribute any such Content. This license is personal to you and is not transferable or assignable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). We reserve all rights not expressly granted herein.

Any unauthorized use, reproduction or distribution of the Services is strictly prohibited and may result in civil and/or criminal penalties.

PROHIBITED USES

You must not:

  • Use the Services except as expressly authorized in these Terms;
  • Impersonate another, or falsify account information, or make unauthorized use of another’s information;
  • Copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the Services;
  • Remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any Content obtained through the Services;
  • Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Services;
  • Submit, upload, post or transmit any user-originated Content that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; discriminatory or otherwise objectionable (in our discretion);
  • Interfere in any way with the operation of the Services or any server, network or system associated with the Services, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Services or any server, network or system associated with the Services; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
  • Use any automated program, tool or process (including, without limitation, web crawlers, scrapers, robots, bots, spiders, and automated scripts) to access the Services or any server, network or system associated with the Services, or to extract, collect, harvest or gather Content from the Services;
  • Frame or otherwise create a browser or border environment around any page or Content of the Services, or deep-link to any internal page or area of the Services; or
  • Make any other use of the Services that violates these Terms or any applicable law.

USER NAME AND PASSWORD

If you access any part of the Services requiring a user name and password, you are solely responsible for keeping such user name and password strictly confidential. You are responsible for protecting the confidentiality and security of your user name and password and for any activity that occurs under your username. You may not permit anyone else to use your username and password, and you may not use anyone else’s username and password. You may not attempt to gain unauthorized access to any other user’s username and password.

You agree to immediately notify us in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your username and password or of any other breach of security that might affect the Services. We are not responsible for any loss or damage arising from someone else using your username and password or your failure to comply with this section.

FEEDBACK

The Services may offer you the opportunity to provide us with your comments, suggestions, ideas or other feedback (together, “Feedback”). If you choose to provide us with Feedback, you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.

USER SUBMISSIONS

The Services may permit you to send, post or otherwise submit Content on or through the Services, such Content sent, posted or submitted by you (collectively, “Submissions”). As between us and you, you own your Submissions, but, by sending, posting or transmitting Submissions to or through the Services, you grant Modernizing Medicine and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual and irrevocable right to use, reproduce, create derivative works of, display, perform, distribute and otherwise exploit your Submissions for any and all lawful purposes. Under no circumstances are you entitled to payment if Modernizing Medicine uses one of your Submissions.

All Submissions are deemed non-confidential and non-proprietary; however, notwithstanding the foregoing or anything to the contrary set forth above or otherwise in these Terms, Personal Information and Protected Health Information submitted through the features and functionality of the EHR Services (as defined below) and Patient Portal (as defined below) that provide for such submissions will be treated in accordance with the relevant Customer Agreement and our Privacy Policy.

You are responsible for the content of your Submissions. By posting a Submission, you represent and warrant that:

  • You own or otherwise control all of the rights to your Submission, including without limitation all copyrights and trademarks, and have all rights necessary to grant the rights and licenses set forth above;
  • Your Submission is true and accurate;
  • Your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
  • Your Submission complies with these Terms and applicable laws, rules and regulations.

You acknowledge and agree that Modernizing Medicine has the right (but not the obligation) to alter, remove, or refuse to post or allow to be posted any Submission. You also may have the right to request that Modernizing Medicine remove your Submission. Modernizing Medicine takes no responsibility and assumes no liability for any Submission posted by you or any third party or for altering, removing or refusing to post your Submission.

Modernizing Medicine strongly encourages you not to disclose any personal or identifying information in your Submissions (other than those submitted through the features and functionality of the EHR Services and Patient Portal that provide for such submissions), and Modernizing Medicine is not responsible for information that you communicate in any of your Submissions.

SERVICES-SPECIFIC TERMS

  • EHR Services. We provide Provider Customers with access to and use of cloud-based electronic health records services, including EMA™, gGastro™, gCardio™ and gUro™ (collectively, the “EHR Services”). Generally, EHR Services are governed by the applicable Customer Agreement, and these Terms supplement the applicable Customer Agreement.
  • Patient Portal. In connection with our EHR Services, we may provide a feature that enables Provider Customers to create a personalized account for patients to facilitate registration, appointment scheduling, secure messaging, bill payment and other activities with the Provider Customer (such feature, a “Patient Portal”). The Patient Portal is available only to patients under the active care of a health care provider that is a Provider Customer. If you are a patient, you acknowledge and agree that all communication through the Patient Portal is between you and the Provider Customer, and Modernizing Medicine has no responsibility or liability for your activity and communications within the Patient Portal. You also acknowledge and agree that Provider Customers are communicating solely with you about your own personal conditions, and that asking for advice on behalf of another person could potentially be harmful and is prohibited. To use a Patient Portal, either the Provider Customer of whom you are a patient will provide you with a username and password, or will email you a link to register for the Patient Portal. In regards to the link, you will be required to verify your first and last name and date of birth to establish your Patient Portal account. If you have questions regarding cancellation of your Patient Portal account, please contact us at legal@modmed.com.
  • Store.ModMed.Com. Modernizing Medicine provides a service to its Provider Customers that allows : (i) the Provider Customers to maintain a listing of over-the-counter, non-prescription products (“OTC Products”) that the Provider Customer may recommend to its patients, (ii) upon patient authorization, provision of the OTC Products and related information to the public store.modmed.com website (the “ModMed Store”), and (iii) subsequently the ability for patients to purchase those products though the Amazon.com website. Modernizing Medicine makes an OTC Product list available through the ModMed Store. By clicking through to the ModMed Store, you authorize your health care provider and Modernizing Medicine to use and disclose the list of OTC Products recommended by your health care provider to the ModMed Store and, after you click-through from the ModMed Store, to Amazon.com, Inc., and its affiliates (collectively, “Amazon.com”). The purpose of the use and disclosure is to make it easier for you to purchase OTC Products through Amazon.com. We are a participant in the Amazon Services LLC Associates Program; an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MODERNIZING MEDICINE HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MODERNIZING MEDICINE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THE SERVICES WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY CONTENT PROVIDED THROUGH THE SERVICES WILL BE CURRENT OR ACCURATE; OR THAT A PARTICULAR PRODUCT, SERVICE OR PROVIDER YOU SEE ON THE SERVICES WILL BE AVAILABLE TO YOU. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

LIMITATIONS OF LIABILITY

MODERNIZING MEDICINE’S LIABILITY TO YOU IS LIMITED AS SET FORTH BELOW, EXCEPT AND ONLY THE TO EXTENT THAT ANY SUCH LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW.

  1. IN NO EVENT SHALL MODERNIZING MEDICINE OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS AND CONSULTANTS BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF APPLICABLE LAW PROHIBITS DISCLAIMER OF DIRECT DAMAGES, MODERNIZING MEDICINE’S AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE EVENTS GIVING RISE TO ANY CLAIM, OR, IF NO SUCH PAYMENTS HAVE BEEN MADE BY YOU, FIFTY U.S. DOLLARS ($50).
  2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH MODERNIZING MEDICINE CONCERNING THE SERVICES IS TO STOP USING THE SERVICES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

USER INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MODERNIZING MEDICINE AND RELATED PARTIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS AND CONSULTANTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, SUITS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO: (1) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, THE SERVICES OR ANY OF ITS COMPONENTS OR ANY OTHER PRODUCTS OR SERVICES OF MODERNIZING MEDICINE; (2) YOUR SUBMISSIONS; AND/OR (3) YOUR VIOLATION OF ANY OF THESE TERMS OR ANY APPLICABLE LAW.

WAIVER OF RIGHT TO PURSUE CLASS ACTION CLAIMS.

You agree to only resolve disputes with us on an individual basis, and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

LIMITATION ON TIME TO BRING AN ACTION.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred.

WAIVER OF JURY TRIAL; AGREEMENT TO ARBITRATE CLAIMS.

By agreeing to these Terms, both you and we are waiving the right to a jury trial on any disputes that may arise.

You agree to arbitrate all disputes between you and us. If a dispute arises between you and us relating to the Services or these Terms, you and we agree that the dispute shall be resolved by final and binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations (“AAA Rules”). You and we agree to the following rules relating to any arbitration proceeding:

  • YOU AND MODERNIZING MEDICINE WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
  • The venue for all disputes arising under these Terms shall be in Boca Raton, Florida, but you and we may agree to conduct the arbitration by telephone, online and/or solely based on written submissions. You hereby waive any right to claim that such location is an inconvenient forum and covenant not to sue us in any other forum.
  • The arbitrator will have the power to grant whatever relief would be available in court under law or in equity (including attorney’s fees) and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives.
  • The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
  • Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • You and we agree, to the extent practicable, to direct the arbitrator issue a decision within 120 days from the date the arbitrator is appointed. You and we acknowledge that if the arbitrator does not issue a decision within 120 days, such event will not limit or waive the powers of the arbitrator or this agreement to arbitrate.
  • All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
  • The award of the arbitrator will be in writing and will not include any statement setting forth the reasons for the disposition of any claim.

Either you or we may seek an injunction at any time from any court of competent jurisdiction as necessary to protect the rights or property of you or us pending the completion of arbitration.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Modernizing Medicine will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Modernizing Medicine for all fees associated with the arbitration that Modernizing Medicine paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.

VIOLATIONS; TERMINATION

You acknowledge and agree that: (i) Modernizing Medicine may at any time terminate your access to the Services, in whole or in part, if Modernizing Medicine determines, in its sole judgment, that you have violated these Terms or any applicable law; (ii) such termination may be effected without prior notice; and (iii) in the event of such termination, Modernizing Medicine may immediately deactivate and terminate your account and remove (or block your further access to) all your Submissions stored in or associated with your account, without any liability to you.

INTERNATIONAL USE

The Services are intended for use in the United States of America only. All matters relating to our Services are governed by the laws of the State of Florida in the United States of America. If you visit our Services or contact us from outside of the United States of America, please be advised that (i) any information you provide to us or that we automatically collect will be transferred to the United States of America; and (ii) that by using our Services or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States of America in accordance with these Terms.

LINKS TO THIRD PARTIES

The Services may contain links to third party websites, products and/or services (“Linked Third Party Sites”). Such links do not constitute or imply Modernizing Medicine’s approval, sponsorship or endorsement of any Linked Third Party Sites. Modernizing Medicine is not responsible for and makes no representations or warranties, express or implied, regarding any Linked Third Party Sites. You access and use Linked Third Party Sites solely at your own risk. When you access and use a Linked Third Party Sites, you are subject to the terms and conditions of use and privacy policy for such Linked Third Party Sites. Any rights, claims or actions you may have in respect of a Linked Third Party Site can only be brought directly against the provider of that Linked Third Party Site.

SOFTWARE UPDATES

Modernizing Medicine may from time to time, in its sole discretion (without obligation), develop and provide updates for our software (including Apps), which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Modernizing Medicine has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Portions of the software may not properly operate if you do not install all Updates, so we encourage you to promptly install all Updates. To that end, based on your mobile device settings, with respect to an App, when your mobile device is connected to the Internet, either (i) the Updates will automatically download and install or (b) you may receive notice of or be prompted to download and install available Updates. For clarity, all Updates are part of the Services and subject to these Terms.

APPLE DEVICE ADDITIONAL TERMS

If you access an App via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the following terms (“Apple Device Additional Terms”) are hereby made part of these Terms:

  • Conflicting Terms. If these Apple Device Additional Terms conflict with any other provision of these Terms, then the Apple Device Additional Terms shall control with respect to access and use of the Services via an Apple Device.
  • Agreement with Modernizing Medicine, Not Apple. You acknowledge that these Terms are an agreement between Modernizing Medicine and you, and not with Apple. Modernizing Medicine, not Apple, is solely responsible for any App you access via your Apple Device (“iOS App”) and the content thereof. If these Terms are less restrictive with respect to an iOS App or otherwise conflict with, the Apple App Store Terms of Service (the “App Store Terms of Service”), the App Store Terms of Service shall apply to the extent of any conflict.
  • Scope of License. The license granted to use an iOS App is limited to a non-transferable license to use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
  • Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App. If Modernizing Medicine decides (in its sole discretion) to provide support and maintenance services for an iOS App, Modernizing Medicine is solely responsible for providing such services.
  • Warranty. In the event of any failure of the an iOS App to conform to any applicable warranty provided by Modernizing Medicine in these Terms, you may notify Apple and Apple will refund the purchase price for the iOS App (if any) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is Modernizing Medicine’s sole responsibility. Notwithstanding the foregoing, Modernizing Medicine is not obligated to provide any warranty with respect to an iOS App and you acknowledge and agree that this paragraph will not have any effect on the warranty disclaimers provided in these Terms.
  • Product Claims. You hereby acknowledge that Modernizing Medicine, not Apple, is responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Note that, pursuant to the limitation of liability provision set forth in these Terms, these Terms will not limit Modernizing Medicine’s liability beyond what is permitted by applicable law.
  • Intellectual Property Rights. You acknowledge that, in the event of any third party claim that an iOS or your possession and use (in accordance with these Terms) of an iOS App infringes that third party’s intellectual property rights, Modernizing Medicine, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Third Party Beneficiary. You hereby acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to any iOS App, and that, upon your acceptance of these Terms, Apple has the right (and deemed to have accepted the right) to enforce the Terms against you with respect to the iOS App as a third party beneficiary thereof.
  • Questions or Complaints. Please address your questions, complaints or claims with respect to an iOS App to Modernizing Medicine at 561-880-2998 or legal@modmed.com. Modernizing Medicine’s principal offices are located at 3600 FAU Boulevard, Suite #202, Boca Raton, Florida 33431

MISCELLANEOUS

  • Notice. Modernizing Medicine may provide you with notices, including those regarding changes to the Terms, by postings on the Services.
  • Governing Law. You and Modernizing Medicine agree that these Terms and any claim or dispute between you and Modernizing Medicine relating to your use of the Services will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions.
  • Waiver. A provision of the Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Modernizing Medicine to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
  • Severability. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
  • Independent Contractor. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Modernizing Medicine as a result of the Terms or use of the Services.
  • Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and shall not be deemed to limit or affect any of the provisions hereof.
  • Disclosures. The Services are offered by Modernizing Medicine, Inc., located at 3600 FAU Boulevard, Suite #202, Boca Raton, Florida 33431, email: info@modmed.com, Telephone: 866-799-2146. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

If you are a copyright owner or an agent thereof, and believe that any third party content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works from the Services;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Modernizing Medicine to locate the material;
  4. Information reasonably sufficient to permit Modernizing Medicine to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Modernizing Medicine’s designated Copyright Agent to receive notifications of claimed infringement is:

Daniel Cane 3600 FAU Boulevard, Suite #202
Boca Raton, Florida 33431
Email: legal@modmed.com
Telephone: 866-799-2146
Fax: 561-423-5912

Questions and Comments
If you have a question or comment regarding the Services, please contact us via email or at the address below. Your input is valuable to us.

Modernizing Medicine
Attn: General Counsel
3600 FAU Boulevard, Suite #202
Boca Raton, Florida 33431
561-880-2998
legal@modmed.com