You must provide us with current, complete and accurate information as prompted by the registration form. You agree to abide by our password policies, in particular to update your username or password for your security and protection, as and when may be required. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify 180 Medical immediately of any unauthorized use of your account or any other breach of security. 180 Medical will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by 180 Medical or another party due to someone else using your account or password. You may not use anyone else's account. You must ensure that your access to and use of the Portal, and the Materials and Services (including Communication Services, as defined below) available on or through the Portal, is legal in each jurisdiction in or through which you access, view or otherwise use the Portal or Materials.
All Material is protected by United States and other countries ™ copyrights, patents, trademarks, trade secrets or other proprietary rights, laws, and international treaty provisions. 180 Medical may have patents, patent applications, trademarks, trade secrets, copyrights, or other intellectual property rights covering subject matter in the Services. Except as expressly provided below or in any written license agreement from 180 Medical, the furnishing of Material or your access or use of the Portal or Services does not give you any license to such copyrights, patents, trademarks, trade secrets, or other intellectual property. Without limiting the above, the trademarks, logos and service marks ("Marks") displayed in the Portal are the property of 180 Medical or its licensors or content providers, or other parties and the contents of the Portal, including but not limited to the text and images and their arrangements on the Portal, its software, technical drawings, configurations, and other files, unless otherwise noted, are the copyrighted material of 180 Medical or its affiliates. 180 Medical and its affiliates will enforce their intellectual property rights to the fullest extent permitted by law.
Without the express written consent of 180 Medical, or such third party as may own Materials or Marks, in each instance, you may not give any part of the Materials, or assign or otherwise provide your rights under this agreement, to anyone else; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Portal; reproduce, duplicate, copy, republish, download, upload, display, perform, frame, transmit, distribute, modify sell, resell, visit or otherwise exploit our Materials, in whole or in part, whether in text, graphical, audio, video, executable or other form, other than as strictly necessary for your licensed use of the Materials; use any framing techniques to enclose any trademark, logo or other proprietary information (including texts, images, page layout or form) of the Portal; or use any meta tags or any other "hidden text" utilizing our name or Marks. Our status and that of any third parties or other users as the authors of Material or Contributions (as defined below) in the Portal must always be acknowledged.
Without our express written consent in each instance, you may not:
Any unauthorized use by you of the Portal, its Materials and Services, and the intellectual property embodied therein may subject you to civil and criminal penalties.
Certain non-public or trade secret Material may be marked "confidential" or otherwise be provided in a manner that a reasonable person should understand to be confidential information of 180 Medical. For a period of five (5) years from the time you accessed this confidential information, you may not disclose this confidential information to any third party. This restriction will not apply to any information that is or becomes publicly available without a breach of this restriction, was lawfully known to the receiver of the information without an obligation to keep it confidential, is received from another source who can disclose it lawfully and without an obligation to keep it confidential, or is independently developed without using or referring to the confidential information of 180 Medical. You may disclose this confidential information if required to comply with a court order or law, or other government demand that has the force of law. Before doing so, you must seek the highest level of protection available and, when possible, give 180 Medical enough prior notice to provide a reasonable chance to seek a protective order.
Materials and Contributions (as defined below), including links to outside content, posted in the Portal are not intended to amount to advice on which you should rely. In accessing the Portal or anything posted in it, no client, advisory, fiduciary or professional relationship is implied or established with you and, unless otherwise provided in an Existing Agreement, neither we nor any other person is, in connection with the Portal, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice via the Portal.
We therefore disclaim all liability and responsibility arising from any reliance placed on such Materials or Contributions by any user of the Portal or by anyone who may be informed of any of its contents.
The Services may contain communication features or functionality designed to enable you to communicate with others ("Communication Services"). You agree to use the Communication Services, if any, only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. These content standards apply to any and all comments and other content you post and suggestions, ideas, questions or other information which you contribute to the Portal (collectively, "Contributions") and to any interactive services associated with it. The standards apply to each part of any Contribution as well as to its whole.
Contributions must: be accurate (where they state facts), be genuinely held (where they state opinions), and comply with applicable law in the US and in any country from which they are posted, and may not be illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
Always use caution when giving out any personally identifiable information and business sensitive information in any Communication Services. 180 Medical does not control or endorse any Contributions, and 180 Medical specifically disclaims any liability with regard to the Contributions.
You agree that when using the Communication Services, you will not:
You agree that the rights you grant with respect to Contributions are irrevocable during the entire period of protection of your intellectual property rights associated with such Contributions. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
180 Medical has no obligation whatsoever to monitor the Communication Services. However, 180 Medical reserves the right at all times to review, edit, refuse to post, or to remove any Contributions, in whole or in part, in 180 Medical's sole discretion.
If you use any part of our Portal in breach of these terms and conditions, your right to use the Portal, Material, and Services (including the Communication Services) will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made.
You must not misuse the Portal, Material, or Services (including the Communication Services) by introducing viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Portal, Material, or Services, including the Communication Services, the server on which the Portal is stored or any server, computer or database connected to the Portal. You must not attack the Portal, Material, Services, or the Communication Services via a denial-of-service attack or a distributed denial of service attack.
By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990 and/or other applicable laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Portal, Material, Services, or the Communication Services will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Portal, Material, Services, or the Communication Services or to your downloading of any material posted in the Portal, or on any website linked to it.
You have no obligation to give 180 Medical any suggestions, comments or other feedback ("Feedback") relating to the Portal, and its Materials and Services. However, any Feedback you voluntarily provide, through the Services or by any other means, may be used by 180 Medical, including in 180 Medical Products (including related specifications or other documentation), which in turn may be relied upon by other third parties to develop their own products. Accordingly, if you do give 180 Medical Feedback on any version of the Materials or the 180 Medical Products to which they apply, you agree: (a) 180 Medical may freely use, reproduce, license, distribute, and otherwise commercialize your Feedback, including in in any 180 Medical Product, without any payment or reimbursement to you of any kind; (b) you also grant third parties, without charge, only those intellectual property rights necessary to enable other products to use or interface with any specific parts of a 180 Medical Product that incorporate your Feedback; and (c) you will not give 180 Medical any Feedback (i) that you have reason to believe is subject to any patent, copyright or other intellectual property claim or right of any third party; or (ii) that is subject to license terms which seek to require any 180 Medical Product incorporating or derived from such Feedback, or other 180 Medical intellectual property, to be licensed to or otherwise shared with any third party.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND US, ALL MATERIALS, SERVICES, AND INFORMATION PROVIDED DIRECTLY ON THE PORTAL OR INDIRECTLY THROUGH THE PORTAL BY HYPERTEXT LINK OR OTHERWISE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE MATERIALS, SERVICES AND SUCH INFORMATION, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS AND FITNESS FOR A PARTICULAR PURPOSE. 180 Medical DOES NOT WARRANT THAT THE PORTAL, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PORTAL, 180 Medical'S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM 180 Medical ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 180 Medical WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PORTAL, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PORTAL, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OUR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, ANTICIPATED SAVINGS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, UNDER ANY THEORY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE EVEN IF FORESEEABLE, OF ANY KIND ARISING FROM YOUR ACCESS TO, USE OF, OR RELIANCE UPON ANY MATERIALS, SERVICES, OR INFORMATION OBTAINED FROM OR THROUGH THIS PORTAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PORTAL, MATERIAL, AND SERVICES IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Your sole and exclusive remedy is to discontinue using and accessing the Portal. The aforementioned exclusions and limitations apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions apply even if 180 Medical has been advised of the possibility of such claims, losses, costs or damages.
We process information about you through the Portal in accordance with our Portal Privacy Statement.
180 Medical respects the intellectual property rights of others, and requires that the users of the Portal do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Portal in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 ("DMCA") is:180 Medical
After receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material in the Portal, we will replace the removed material and cease disabling access to it.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
These terms constitute the entire agreement between you and 180 Medical governing your use of the Portal. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision will be deemed severable from these terms and will not affect the validity or enforceability of the remaining provisions. If you breach these terms and conditions and we take no action, we shall still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions. You agree that any claim arising out of or related to these terms or your use of the Portal must be filed within one (1) year after it arose or be permanently barred.
180 Medical reserves the right to terminate your access to any or all of the Portal, Materials, or Services at any time, without notice, for any reason whatsoever.
This E-Script portal expressly is for use by physicians, nurses and other referring clinicians of 180 Medical. Please do not share any login credentials with other parties inside or outside of your organization. We are committed to protect the information you provide, just as we protect it when you provide it to us over the phone, via fax, in person or through the mail. We subscribe to the HIPAA Privacy Practices that cover "protected health information" under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").
This Portal has implemented safeguards to protect confidential data and protected health information. In accordance with the HIPAA security rule, all form data is encrypted, user authentication is required, and proper audit controls are in place. By registering and logging-in, a user acknowledges they are authorized to handle patient information, they will do so with proper responsibility in following their medical practice's information security and privacy policies, and they will uphold the confidentiality of any and all patient information. End users are also required to adhere to the Portal terms of service.