Online Software and End User Agreement
EHR 2.0 TERMS OF SERVICE FOR DO-IT-YOURSELF ONLINE TOOLKIT FOR HIPAA/HITECH COMPLIANCE—YEAR 2015
Thank you for selecting the Services offered by Sahaa Solutions, LLC (D.B.A EHR 2.0) and/or its subsidiaries and affiliates (referred to as “EHR 2.0”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and EHR 2.0. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
- GENERAL TERMS
This Agreement describes the terms governing your use of the EHR 2.0 online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
- EHR 2.0’s Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
- YOUR RIGHTS TO USE THE SERVICES
- The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by EHR 2.0. EHR 2.0 reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, EHR 2.0 grants to you a professional, limited, nonexclusive, nontransferable right and license to use the Services.
- You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
- Make the Services available on any file-sharing or application hosting service.
For Services offered on a payment or subscription basis, the following terms apply, unless EHR 2.0 notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
- . Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
- You must pay with one of the following.
- A valid credit card acceptable to EHR 2.0;
- A valid debit card acceptable to EHR 2.0;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
- By another payment option EHR 2.0 provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- EHR 2.0 will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
- Additional cancellation or renewal terms may be provided to you on the website for the Services.
- USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
EHR 2.0 MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
- . THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
- ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
- ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
- YOUR PERSONAL INFORMATION.
You can view EHR 2.0’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable EHR 2.0 Privacy Statement, and any changes published by EHR 2.0. You agree that EHR 2.0 may use and maintain your data according to the EHR 2.0 Privacy Statement, as part of the Services. You give EHR 2.0 permission to combine identifiable and non-identifiable information you enter or upload for the Services with that of other users of the Services and/or other EHR 2.0 services. For example, this means that EHR 2.0 may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. EHR 2.0 is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
- You are responsible for your content.
You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Services. You grant EHR 2.0 a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. EHR 2.0 is not responsible for the Content or data you submit through the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- . Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
- Except as permitted by EHR 2.0 in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
- Community forums.
The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. EHR 2.0 does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which EHR 2.0 is not responsible.
- EHR 2.0 may freely use feedback you provide.
You agree that EHR 2.0 may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant EHR 2.0 a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to EHR 2.0 in any way.
- EHR 2.0 may monitor your Content.
EHR 2.0 may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect EHR 2.0 or its customers, or operate the Services properly. EHR 2.0, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
- ADDITIONAL TERMS
EHR 2.0 does not give professional advice.
Unless specifically included with the Services, EHR 2.0 is not in the business of providing legal, health care, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
- We may tell you about other EHR 2.0 services.
You may be offered other services, products, or promotions by EHR 2.0 (“EHR 2.0 Services”). Additional terms and conditions and fees may apply. With some EHR 2.0 Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant EHR 2.0 permission to use information about your business and experience to help us to provide the EHR 2.0 Services to you and to enhance the Services. You grant EHR 2.0 permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant EHR 2.0 permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
EHR 2.0 may be required by law to send you communications about the Services or Third Party Products. You agree that EHR 2.0 may send these communications to you via email or by posting them on our websites
- You will manage your passwords and accept updates.
You are responsible for securely managing your password(s) for the Services and to contact EHR 2.0 if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
- DISCLAIMER OF WARRANTIES
- YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EHR 2.0, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. EHR 2.0 AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 30 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
- EHR 2.0, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
- LIMITATION OF LIABILITY AND INDEMNITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF EHR 2.0, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, EHR 2.0, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET EHR 2.0 SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF EHR 2.0 AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF EHR 2.0, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold EHR 2.0 and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). EHR 2.0 reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by EHR 2.0 in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
EHR 2.0 may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect EHR 2.0’s rights to any payments due to it. EHR 2.0 may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
- EXPORT RESTRICTIONS.
You acknowledge that the Services, including the mobile application and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
- GOVERNING LAW.
North Carolina state law governs this Agreement without regard to its conflicts of laws provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply North Carolina law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND EHR 2.0 ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to EHR 2.0 150, Cornerstone Drive, Cary, NC 27519. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules, but if you are unable to pay any of them, EHR 2.0 will pay them for you. In addition, EHR 2.0 will reimburse all such fees and costs for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, EHR 2.0 will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 14 shall survive expiration, termination or rescission of this Agreement.
This Agreement, including the Additional Terms below, is the entire agreement between you and EHR 2.0 and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of EHR 2.0. However, EHR 2.0 may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by EHR 2.0 or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact EHR 2.0 via an email to: firstname.lastname@example.org
- ADDITIONAL TERMS AND CONDITIONS FOR THE ONLINE TOOLKIT
Your use of the Services provided by EHR 2.0 are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.
- LICENSE GRANT AND RESTRICTIONS
- Number of Reports. You may use the Services solely to prepare valid annual assessment report(s) for which you have paid the applicable fee(s), and after proper registration and any applicable payment, and/or print such assessment reports.
- Number of Reports. You may use the Services to prepare and submit annual assessment reports. After proper registration and payment is made, you may generate such reports electronically or by printing them. No more than five (5) reports may be prepared from the Services or from any one email address entered within the Services.
- Additional Examples of Restrictions on Use. You may not use the services to prepare reports, or worksheets on a professional or commercial basis (i.e., for a preparer’s or other fee).
2.1 State Services. The term “Services” includes any state version of Toolkit software made available through this website, which may be subject to additional fees as described on the website.
- Pricing. Prices are ultimately determined at time of final reports are done and are subject to change without notice. You should confirm that the pricing for your use of the Services has not changed, particularly if some time has passed between the date you start your report and the date you finish and are ready to complete it. The price for your use of the Service is established at the time you pay for it. Your price will not change once you pay for your Service.
- Import Services. The Services includes a feature that allows you to import, where applicable, certain information from previous years. If import services are not supported, you may need to manually enter your data.
You may be offered the ability to import data from other sources in addition to those above. You may provide us with your authorization and information to allow us to obtain your data from third parties on your behalf to use the Services or any third party service that you select. You represent that you have the necessary rights to grant us access to your accounts with third parties. Third parties are not affiliated with or endorsed or sponsored by us.
- Audit Advice. The Services may include a feature that connects you to an EHR 2.0 Audit Advice service to obtain answers to most HIPAA/Security related questions. Internet access is required to use this service. If you choose to use it, you understand and agree that neither EHR 2.0 nor the EHR 2.0 Audit Advice service advisor will represent you with federal or state agencies. Service levels and availability will vary based on demand and capacity and are subject to change without notice. To ensure a good experience and appropriate levels of coverage for everyone using the service, the audit expert may terminate the communication at his/her sole discretion after 20 minutes, or if it is otherwise determined that you are misusing or unnecessarily extending the duration of the communication. The full terms and conditions governing the EHR 2.0 Audit Advice service will be available on the Tax Advice service web site, and by accessing and using the Audit Advice service, you agree to be bound by those terms and conditions, which supplement, and supersede where inconsistent, this Agreement. Fees may apply.
- Amended Reports. You can prepare an amended report for years 2015, through the Services, up to certain period or as otherwise permitted by the HHS and supported by EHR 2.0.
- HELP AND SUPPORT
EHR 2.0 may use a variety of methods (e.g., in-product, Internet, e-mail, chat, video, fax and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by EHR 2.0 from time to time. Consult the Online Toolkit Help and Support web site for the most up-to-date information relating to this support and any associated charges.
- . Toolkit Guarantee. EHR 2.0 diligently works to ensure the accuracy of the assessment topics on every section prepared using the Online toolkit preparation Services.
- . If you are a registered user and you pay an HHS or state penalty and/or interest solely because of a error on a form prepared for you using Online Toolkit, and not as a result of, among other things, your failure to enter all required information accurately, willful or fraudulent omission or inclusion of information on your report, misclassification of information on the report, or failure to complete the report to avoid or reduce an applicable penalty/interest after EHR 2.0 announced updates or corrections to the Online Toolkit in time for you to file an amended report, then EHR 2.0 will pay you in the amount of the HHS or state penalty and/or interest paid by you to the HHS or state up to a maximum of $5,000 per year. In this regard, you are responsible for keeping EHR 2.0 apprised promptly of any change in your email address, mailing address and/or phone number so that you can be notified of such updates or corrections. The Toolkit Guarantee does not apply to sections completed in which the data is entered directly by you, rather than through the use of the in-product Toolkit wizard guidance. You are responsible for paying any additional penalty or liability you may owe and providing any other information EHR 2.0 reasonably requests to validate your claim. A “registered user” is a user from whom EHR 2.0 has received the information necessary to permit such person to print or electronically file a report prepared using the Online Toolkit Services and who complies with the terms and conditions of this Agreement.
- . Toolkit Guarantee. EHR 2.0 diligently works to ensure the accuracy of the assessment topics on every section prepared using the Online toolkit preparation Services.
- If you believe such an error occurred, you must notify EHR 2.0 as soon as you learn of the mistake (and in no event later than 30 days after the penalty or interest is assessed and within the applicable federal and/or state agency statute of limitation). For the most current information send by mail at EHR 2.0, 150 Cornerstone Drive, Suite #104, Cary, NC 27513. EHR 2.0 will then contact you promptly to resolve the issue. To validate the claim, EHR 2.0 may require your report, a copy of the notice, and any other documents to support the report.
- Audit Support Guarantee.
If you received an audit letter based on your 2015 report preparation and are not satisfied with how we responded to your inquiry, we’ll refund the applicable purchase price you paid.
If you are a registered user of Online Toolkit, subscribed to our Compliance Maintenance Program (CMP) currently and you receive an audit letter from the HHS or state agency relating to your 2015 report, then EHR 2.0 will provide audit guidance (what to expect and how to prepare) from a certified security/compliance professional available year round, to help answer your audit questions until December 31, 2018. Audit Support Guarantee is applicable to Federal and State audit letters and/or notices. We will not be your representative or provide legal advice. If you are not satisfied with how we responded to your inquiry, then you are entitled to a refund of the applicable purchase price paid by you for the product you purchased. Claims must be submitted within sixty (60) days of the date you received your audit guidance, but no later than June 15, 2019 (3 years). All other fees are excluded including, consulting, CMP, and technical support fees. This Guarantee cannot be combined with any other Guarantee.
To qualify, you must successfully complete and generate report (with paid option) using online toolkit. Claims must be submitted to EHR 2.0 within sixty (60) days of the date you received your audit guidance by submitting a claim with the following documents (1) Audit Support Guarantee Claim Request Summary, (2) copy of your proof of payment, and (3) HHS or State audit letter. Send it to EHR 2.0, 150, Cornerstone Drive, Suite #104, and Cary, NC 27513. Please use a traceable mailing method and maintain copies of submitted items for your records. Claims of non-payment will require photocopy substantiation of all required items. Please allow up to 6 weeks for processing and delivery. If after 8 weeks you have not received your check, contact us. To validate your claim, and as a precondition of refund payment, EHR 2.0 may require your reports, file and/or other supporting information such as copies of your printed information policies and procedures.
- USER ID AND PASSWORD SECURITY
You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the Services under your user ID. You must remember your user ID and password to electronically transfer your report information into next year’s report.
- PRIVACY OF INFORMATION
At EHR 2.0 we place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services and with entrusting your HIPAA/HITECH compliance assessment services to us. Our full Privacy Statement can be found on the EHR 2.0 website. To contact us with a question, visit our website or write to us at: EHR 2.0, 150, Cornerstone Dr., Suite #104, and Cary, NC 27513
You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer or other files.
You may provide us with your telephone number as part of your customer record or registration or via other method. You understand and agree that the Services may require multiple sources of information about you to confirm your identity and help ensure the security of your use of Online Toolkit, often referred to as “multi-factor authentication” (“MFA”). Part of the MFA identity authentication and verification process may involve EHR 2.0 sending text message(s) containing security code(s) to your telephone number. You agree to receive these text message(s) from EHR 2.0 containing security code(s) as part of the MFA process. In addition, you agree that EHR 2.0 may send automated text messages and pre-recorded voice messages to the telephone number you provide for certain limited purposes, including: verifying your identity, providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.
- USE WITH YOUR MOBILE DEVICE.
- Mobile access to the Services requires an authorized app and may not be available for all mobile devices or telecommunication providers. You will need to check the Services website to ensure your mobile device and telecommunications provider is compatible with Online Toolkit. EHR 2.0 is not obligated to provide a compatible version of the Services for all mobile devices or telecommunication providers, which are subject to change by EHR 2.0 at any time with reasonable notice to you.
- Apple Requirements. If you downloaded the Services from the Apple iTunes App Store, the following terms also apply to you:
- . Acknowledgement: You acknowledge that this Agreement is between you and EHR 2.0 only, and not with Apple, and EHR 2.0, not Apple, is solely responsible for the Services and the content thereof.
- Scope of License: The license granted to you for the Services is a limited, non-transferable license to use the Services on an iPhone OS Product that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes App Store Terms of Service.
- Maintenance and Support: EHR 2.0 and not Apple is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
- Warranty: EHR 2.0 is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be EHR 2.0’s sole responsibility.
- Product Claims: EHR 2.0, not Apple, is responsible for addressing any user or third party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, EHR 2.0, not Apple, will be 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.
- Developer Contact Info: Direct any questions, complaints or claims to: EHR 2.0 150, Cornerstone Drive, Suite # 104, Cary, NC 27513
- Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Services, e.g., if you are using a VoIP application, then you must not be in violation of their wireless data service agreement when using the Services.
- Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
- LIMITATION OF LIABILITY AND DAMAGES.
YOU UNDERSTAND THAT EHR 2.0 WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR PENALTIES OR INTEREST.
EXCEPT FOR THE REIMBURSEMENT FOR AUDIT GURANTEE DESCRIBED IN SECTION 4 OF THESE SUPPLEMENTAL TERMS, THE ENTIRE CUMULATIVE LIABILITY OF EHR 2.0 AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED AS SET FORTH IN SECTION 9 OF THE GENERAL TERMS.
EHR 2.0 SHALL NOT BE LIABLE FOR LOSS OF REVENUE, INABILITY TO COMPLETE YOUR REPORT, DELAY IN PREPARING YOUR REPORT, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO EHR 2.0, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON.
EHR 2.0 SHALL NOT BE LIABLE FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT ITS PERFORMANCE IS DELAYED OR PREVENTED DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, NATURAL DISASTERS, TERRORIST ACTS, WAR OR OTHER HOSTILITIES, LABOR DISPUTES, CIVIL DISTURBANCES, THE ACTIONS OR OMISSIONS OF THIRD PARTIES, ELECTRICAL OR COMMUNICATION SYSTEM FAILURES, OR GOVERNMENTAL ACTION.
- MISCELLANEOUS MATTERS.
You agree that EHR 2.0 is not acting as your agent or fiduciary in connection with your use of the Software or any Services.
You can contact EHR 2.0 150, Cornerstone Drive, Suite 104, Cary, NC 27513 or by calling 866-276 8309 if you have a question or concern about any product or service we sell over the Internet. The web address of the Complaint Assistance Unit of the Division of Consumer Services of the North Carolina Department of Consumer Affairs is:
Additional Third Party Software Licensing Terms.
The Services and corresponding mobile app may contain third party software components which are governed by and subject to commercial terms and licenses as provided below. You must comply with any such commercial terms and licenses with regard to these separate third party software components. EHR 2.0 makes no warranty concerning these third party software components.