Last Updated:
11/30/2021.
PLEASE READ THE FOLLOWING TERMS OF SERVICE
AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR
WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY
AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND
ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR
PROSPECTIVE CUSTOMER TO READ THE TERMS AND
CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND
CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR
SITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and
Transitional Care Physicians Of America, Inc.
(hereinafter
"
SamePageMD"), a company duly organized and validly existing,
located at
PO Box 5856,
Atlanta,
Georgia
31107. This
Agreement annuls and voids all previous agreements.
OVERVIEW
The Site (app.samepagemd.com) is operated by
SamePageMD. Throughout the Site, the terms "we", "us" and
"our" refer
to
SamePageMD.
SamePageMDoffers this Site, including all information, tools and
services available from this Site to you, the user,
conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from
us, you engage in our "Service" and agree to be bound by
the following terms and conditions, including those
additional terms and conditions and policies referenced
herein and/or available by hyperlink. These Terms apply
to all users of the Site, including without limitation
users who are browsers, vendors, customers, merchants,
and/or contributors of content. In the event of an
inconsistency between this Agreement and any additional
terms or policies referenced herein, the provisions of
the additional terms or policies shall control.
Please read these Terms carefully before accessing or
using our Site. By accessing or using any part of the
Site, you agree to be bound by these Terms. If you do
not agree to all the Terms of this Agreement, then you
may not access the Site or use any Service. If these
Terms are considered an offer, acceptance is expressly
limited to these Terms.
Any new features or tools which are added to the
current store shall also be subject to the Terms. You
can review the most current version of the Terms at any
time on this page. We reserve the right to update,
change or replace any part of these Terms by posting
updates and/or changes to our Site. It is your
responsibility to check this page periodically for
changes. Your continued use of or access to the Site
following the posting of any changes constitutes
acceptance of those changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are
at least the age of majority in your state or province
of residence, or that you are the age of majority in
your state or province of residence and you have given
us your consent to allow any of your minor dependents to
use this Site.
You may not use our products or Site for any illegal or
unauthorized purpose nor may you, in the use of our
products or Site, violate any laws in your jurisdiction
(including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code
of a destructive nature.
A breach or violation of any of the Terms will result
in an immediate termination of your account and right to
use our Service.
We have the right, but not the obligation, to take any
of the following actions in our sole discretion at any
time and for any reason without giving you any prior
notice:
1.
Restrict, suspend or terminate your access to all or any
part of our Site;
2.
Change, suspend or discontinue all or any part of our
products or Site;
3.
Refuse, move, or remove any content that is available on
all or any part of our Site;
4.
Deactivate or delete your accounts;
5.
Establish general practices and limits concerning use of
our Site.
You agree that we will not be liable to you or any
third party for taking any of these actions.
You understand and agree that our Site may include
communications such as service announcements and
administrative or legal notices from us. Please note
that you cannot opt out of receiving these notices.
You understand that your content (not including credit
card information), may be transferred unencrypted and
involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements
of connecting networks or devices. Credit card
information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Site, use of the
Site, or access to the Site or any contact on the Site,
without express written permission by us.
You may not modify, publish, transmit, reverse
engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the
content, in whole or in part, found on the Site.
SamePageMDcontent is not for resale. Use of the Site does not
entitle users to make any unauthorized use of any
protected content, and in particular you will not delete
or alter any proprietary rights or attribution notices
in any content. You will use protected content solely
for your personal use, and will make no other use of the
content without the express written permission of
SamePageMD
and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to
the intellectual property of
SamePageMD
or our licensors except as expressly authorized by these
Terms.
SECTION 2 - CREATING AN ACCOUNT
Once you create an account with us, you are registered
on the
SamePageMD
Site. The terms "member," "membership," and "account"
all refer to this registration as a member on
SamePageMD's Site. If you are merely surfing or browsing through
the Site and have not yet created an account, your use
of the Site is still subject to this Agreement; if you
do not agree to this Agreement, do not use the Site.
When you create an account, you will provide a unique
username and email. We will also ask you to create a password. Because any activities that occur under your username
or password are your responsibility it is important for
you to keep your username and/or password secure. You
may not assign or otherwise transfer your account to any
other person or entity. You acknowledge that
SamePageMD
is not responsible for third party access to your
account that results from theft or misappropriation of
your account. Notify us immediately if you believe that
someone has used your username, email, or password
without your authorization.
Furthermore, the registering party hereby acknowledges,
understands and agrees to:
a) furnish factual, correct, current and complete
information with regards to yourself as may be requested
by the data registration process, and
b) maintain and promptly update your registration and
profile information in an effort to maintain accuracy
and completeness at all times.
If anyone knowingly provides any information of a
false, untrue, inaccurate or incomplete nature,
Transitional Care Physicians Of America, Inc.
will have
sufficient grounds and rights to suspend or terminate
the member in violation of this aspect of the Agreement,
and as such refuse any and all current or future use of
Transitional Care Physicians Of America, Inc. Services,
or any portion thereof.
SECTION 3 - CONDUCT
As a user or member of the Site, you herein
acknowledge, understand and agree that all information,
text, software, data, photographs, music, video,
messages, tags or any other content, whether it is
publicly or privately posted and/or transmitted, is the
expressed sole responsibility of the individual from
whom the content originated. In short, this means that
you are solely responsible for any and all content
posted, uploaded, emailed, transmitted or otherwise made
available by way of the
SamePageMD
Services, and as such, we do not guarantee the accuracy,
integrity or quality of such content. It is expressly
understood that by use of our Services, you may be
exposed to content including, but not limited to, any
errors or omissions in any content posted, and/or any
loss or damage of any kind incurred as a result of the
use of any content posted, emailed, transmitted or
otherwise made available by
SamePageMD.
Furthermore, you herein agree not to make use of
Transitional Care Physicians Of America, Inc.'s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or
otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene,
libelous, or invasive of another's privacy or which is
hateful, and/or racially, ethnically, or otherwise
objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including,
but not limited to, any
SamePageMD officials,
forum leaders, guides or hosts or falsely stating or
otherwise misrepresenting any affiliation with an
individual or entity;
d) forging captions, headings or titles or otherwise
offering any content that you personally have no right
to pursuant to any law nor having any contractual or
fiduciary relationship with;
e) uploading, posting, emailing, transmitting or
otherwise offering any such content that may infringe
upon any patent, copyright, trademark, or any other
proprietary or intellectual rights of any other
party;
f) uploading, posting, emailing, transmitting or
otherwise offering any content that you do not
personally have any right to offer pursuant to any law
or in accordance with any contractual or fiduciary
relationship;
g) uploading, posting, emailing, transmitting, or
otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, "junk mail," "spam," or
any other form of solicitation, except in any such areas
that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or
otherwise offering any source that may contain a
software virus or other computer code, any files and/or
programs which have been designed to interfere, destroy
and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or
otherwise acting in any manner that would negatively
affect other users' ability to participate in any real
time interactions;
j) interfering with or disrupting any
Transitional Care Physicians Of America, Inc.Services, servers and/or networks that may be connected
or related to our website, including, but not limited
to, the use of any device software and/or routine to
bypass the robot exclusion headers;
k) intentionally or unintentionally violating any
local, state, federal, national or international law,
including, but not limited to, rules, guidelines, and/or
regulations decreed by the U.S. Securities and Exchange
Commission, in addition to any rules of any nation or
other securities exchange, that would include without
limitation, the New York Stock Exchange, the American
Stock Exchange, or the NASDAQ, and any regulations
having the force of law;
l) providing informational support or resources,
concealing and/or disguising the character, location,
and or source to any organization delegated by the
United States government as a "foreign terrorist
organization" in accordance to Section 219 of the
Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass
another individual; and/or
n) collecting or storing of any personal data relating
to any other member or user in connection with the
prohibited conduct and/or activities which have been set
forth in the aforementioned paragraphs.
Transitional Care Physicians Of America, Inc. herein
reserves the right to pre-screen, refuse and/or delete
any content currently available through our Services. In
addition, we reserve the right to remove and/or delete
any such content that would violate the Terms or which
would otherwise be considered offensive to other
visitors, users and/or members.
Transitional Care Physicians Of America, Inc. herein
reserves the right to access, preserve and/or disclose
member account information and/or content if it is
requested to do so by law or in good faith belief that
any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein contained
content is in violation of the rights of any third
party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal
safety of
Transitional Care Physicians Of America, Inc., its visitors, users and members, including the
general public.
Transitional Care Physicians Of America, Inc. herein
reserves the right to include the use of security
components that may permit digital information or
material to be protected, and that such use of
information and/or material is subject to usage
guidelines and regulations established by
Transitional Care Physicians Of America, Inc.
or any other content providers supplying content
services to
Transitional Care Physicians Of America, Inc.. You are hereby prohibited from making any attempt to
override or circumvent any of the embedded usage rules
in our Services. Furthermore, unauthorized reproduction,
publication, distribution, or exhibition of any
information or materials supplied by our Services,
despite whether done so in whole or in part, is
expressly prohibited.
SECTION 4 - GLOBAL USE; EXPORT/IMPORT
COMPLIANCE
Due to the global nature of the internet, through the
use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is
considered acceptable content. Uploading, posting and/or
transferring of software, technology and other technical
data may be subject to the export and import laws of the
United States and possibly other countries. Through the
use of our network, you thus agree to comply with all
applicable export and import laws, statutes and
regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the
United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which
may be identified on any government export exclusion
report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be
part of an export-prohibited country identified in
applicable export and import laws and regulations;
b) agree not to transfer any software, technology or
any other technical data through the use of our network
Services to any export-prohibited country;
c) agree not to use our website network Services for
any military, nuclear, missile, chemical or biological
weaponry end uses that would be a violation of the U.S.
export laws; and
d) agree not to post, transfer nor upload any software,
technology or any other technical data which would be in
violation of the U.S. or other applicable export and/or
import laws.
SECTION 5 - SUBMITTED CONTENT
Transitional Care Physicians Of America, Inc. shall not
lay claim to ownership of any content submitted by any
visitor, member, or user, nor make such content
available for inclusion on our website Services.
Therefore, you hereby grant and allow for
Transitional Care Physicians Of America, Inc.
the below listed worldwide, royalty-free and
non-exclusive licenses, as applicable:
a) The content submitted or made available for
inclusion on the publicly accessible areas of
Transitional Care Physicians Of America, Inc.'s Sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform
and/or publicly display said Content on our network
Services is for the sole purpose of providing and
promoting the specific area to which this content was
placed and/or made available for viewing. This license
shall be available so long as you are a member of
Transitional Care Physicians Of America, Inc.'s sites, and shall terminate at such time when you
elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or
made available for inclusion on the publicly accessible
areas of
Transitional Care Physicians Of America, Inc.'s sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform
and/or publicly display said Content on our network
Services are for the sole purpose of providing and
promoting the specific area in which this content was
placed and/or made available for viewing. This license
shall be available so long as you are a member of
Transitional Care Physicians Of America, Inc.'s sites and shall terminate at such time when you
elect to discontinue your membership.
c) For any other content submitted or made available
for inclusion on the publicly accessible areas of
Transitional Care Physicians Of America, Inc.'s sites, the continuous, binding and completely
sub-licensable license which is meant to permit to use,
distribute, reproduce, modify, adapt, publish,
translate, publicly perform and/or publicly display said
content, whether in whole or in part, and the
incorporation of any such Content into other works in
any arrangement or medium current used or later
developed.
Those areas which may be deemed "publicly accessible"
areas of
Transitional Care Physicians Of America, Inc.'s Sites are those such areas of our network properties
which are meant to be available to the general public,
and which would include message boards and groups that
are openly available to both users and members. However,
those areas which are not open to the public, and thus
available to members only, would include our mail system
and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Transitional Care Physicians Of America, Inc. may
provide an area for our user and members to contribute
feedback to our website. When you submit ideas,
documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of
confidential or proprietary information;
b)
SamePageMD shall not
be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any
Contributions;
c)
SamePageMD shall be
entitled to make use of and/or disclose any such
Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically
become the sole property of
SamePageMD; and
e)
SamePageMD is under
no obligation to either compensate or provide any form
of reimbursement in any manner or nature.
SECTION 6 - INDEMNITY
All users and/or members agree to insure and hold
Transitional Care Physicians Of America, Inc., our subsidiaries, affiliates, agents, employees,
officers, partners and/or licensors blameless or not
liable for any claim or demand, which may include, but
is not limited to, reasonable attorney fees made by any
third party which may arise from any content a
member or
user of our Site may submit, post, modify, transmit or
otherwise make available through our Services, the use
of
SamePageMD
Services or your connection with these Services, your
violations of the Terms of Service and/or your violation
of any such rights of another person.
SECTION 7 - COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate,
duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to
SamePageMD's sites.
SECTION 8 - MODIFICATIONS
Transitional Care Physicians Of America, Inc.reserves the right at any time it may deem fit, to
modify, alter and or discontinue, whether temporarily or
permanently, our service, or any part thereof, with or
without prior notice. In addition, we shall not be held
liable to you or to any third party for any such
alteration, modification, suspension and/or
discontinuance of our Services, or any part thereof.
SECTION 9 - TERMINATION
As a member of app.samepagemd.com, you may cancel or
terminate your account, associated email address and/or
access to our Services by submitting a cancellation or
termination request to
.
As a member, you agree that
Transitional Care Physicians Of America, Inc.
may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your
account, any email associated with your account, and
access to any of our Services. The cause for such
termination, discontinuance, suspension and/or
limitation of access shall include, but is not limited
to:
a) any breach or violation of our Terms or any other
incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other
governmental agencies;
c) the discontinuance, alteration and/or material
modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or
problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal
activities; and/or
g) the nonpayment of any associated fees that may be
owed by you in connection with your
app.samepagemd.com account Services.
Furthermore, you herein agree that any and all
terminations, suspensions, discontinuances, and or
limitations of access for cause shall be made at our
sole discretion and that we shall not be liable to you
or any other third party with regards to the termination
of your account, associated email address and/or access
to any of our Services.
The termination of your account with app.samepagemd.com
shall include any and/or all of the following:
a) the removal of any access to all or part of the
Services offered within app.samepagemd.com;
b) the deletion of your password and any and all
related information, files, and any such content that
may be associated with or inside your account, or any
part thereof; and
c) the barring of any further use of all or part of our
Services.
SECTION 10 - LINKS
Either
Transitional Care Physicians Of America, Inc.
or any
third parties may provide links to other websites and/or
resources. Thus, you acknowledge and agree that we are
not responsible for the availability of any such
external sites or resources, and as such, we do not
endorse nor are we responsible or liable for any
content, products, advertising or any other materials,
on or available from such third-party sites or
resources. Furthermore, you acknowledge and agree that
Transitional Care Physicians Of America, Inc.
shall not
be responsible or liable, directly or indirectly, for
any such damage or loss which may be a result of, caused
or allegedly to be caused by or in connection with the
use of or the reliance on any such content, goods or
Services made available on or through any such site or
resource.
SECTION 11 - PROPRIETARY RIGHTS
You do hereby acknowledge and agree that
Transitional Care Physicians Of America, Inc.'s Services and any essential software that may be used
in connection with our Services ("Software") shall
contain proprietary and confidential material that is
protected by applicable intellectual property rights and
other laws. Furthermore, you herein acknowledge and
agree that any Content which may be contained in any
advertisements or information presented by and through
our Services or by advertisers is protected by
copyrights, trademarks, patents or other proprietary
rights and laws. Therefore, except for that which is
expressly permitted by applicable law or as authorized
by
Transitional Care Physicians Of America, Inc.
or such applicable licensor, you agree not to alter,
modify, lease, rent, loan, sell, distribute, transmit,
broadcast, publicly perform and/or created any
plagiaristic works which are based on
Transitional Care Physicians Of America, Inc.
Services
(e.g. Content or Software), in whole or part.
Transitional Care Physicians Of America, Inc. hereby
grants you a personal, non-transferable and
non-exclusive right and/or license to make use of the
object code or our Software on a single computer, as
long as you do not, and shall not, allow any third party
to duplicate, alter, modify, create or plagiarize work
from, reverse engineer, reverse assemble or otherwise
make an attempt to locate or discern any source code,
sell, assign, sublicense, grant a security interest in
and/or otherwise transfer any such right in the
Software. Furthermore, you do herein agree not to alter
or change the Software in any manner, nature or form,
and as such, not to use any modified versions of the
Software, including and without limitation, for the
purpose of obtaining unauthorized access to our
Services. Lastly, you also agree not to access or
attempt to access our Services through any means other
than through the interface which is provided by
Transitional Care Physicians Of America, Inc.
for use in accessing our Services.
SECTION 12 - WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF
TRANSITIONAL CARE PHYSICIANS OF AMERICA, INC. SERVICES
AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES
AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS
AVAILABLE" BASIS.
TRANSITIONAL CARE PHYSICIANS OF AMERICA, INC.
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b)
TRANSITIONAL CARE PHYSICIANS OF AMERICA, INC. AND OUR
SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i)
TRANSITIONAL CARE PHYSICIANS OF AMERICA, INC. SERVICES
OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)
TRANSITIONAL CARE PHYSICIANS OF AMERICA, INC.
SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE
OBTAINED FROM THE USE OF THE
TRANSITIONAL CARE PHYSICIANS OF AMERICA, INC.
SERVICES OR
SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF
ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER
MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU
THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN
THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED BY WAY OF
TRANSITIONAL CARE PHYSICIANS OF AMERICA, INC. SERVICES
OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION
AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR
COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR
DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT
FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER
WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM
TRANSITIONAL CARE PHYSICIANS OF AMERICA, INC.
OR BY WAY
OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME
DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN
LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A
COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN
CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR
UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO
HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN
EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR
SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 - LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT
TRANSITIONAL CARE PHYSICIANS OF AMERICA, INC.
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO
YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF
ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE
LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH
POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT
FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND
SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR
SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR
SERVICE.
SECTION 14 - RELEASE
In the event you have a dispute, you agree to release
Transitional Care Physicians Of America, Inc.(and its officers, directors, employees, agents, parent
subsidiaries, affiliates, co-branders, partners and any
other third parties) from claims, demands and damages
(actual and consequential) of every kind and nature,
known and unknown, suspected or unsuspected, disclosed
and undisclosed, arising out of or in any way connected
to such dispute.
SECTION 15 - NOTICE
Transitional Care Physicians Of America, Inc. may
furnish you with notices, including those with regards
to any changes to the Terms, including but not limited
to email, regular mail, MMS or SMS, text messaging,
postings on our website Services, or other reasonable
means currently known or any which may be herein after
developed. Any such notices may not be received if you
violate any aspects of the Terms by accessing our
Services in an unauthorized manner. Your acceptance of
this Agreement constitutes your agreement that you are
deemed to have received any and all notices that would
have been delivered had you accessed our Services in an
authorized manner.
SECTION 16 - INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all
of the
Transitional Care Physicians Of America, Inc.trademarks, copyright, trade name, service marks, and
other
Transitional Care Physicians Of America, Inc.logos and any brand features, and/or product and
service names are trademarks and as such, are and shall
remain the property of
Transitional Care Physicians Of America, Inc.. You herein agree not to display and/or use in any
manner the
Transitional Care Physicians Of America, Inc.logo or marks without obtaining
Transitional Care Physicians Of America, Inc.'s prior written consent.
Transitional Care Physicians Of America, Inc. will
always respect the intellectual property of others, and
we ask that all of our users do the same. With regards
to appropriate circumstances and at its sole discretion,
Transitional Care Physicians Of America, Inc. may
disable and/or terminate the accounts of any user who
violates our Terms and/or infringes the rights of
others. If you feel that your work has been duplicated
in such a way that would constitute copyright
infringement, or if you believe your intellectual
property rights have been otherwise violated, you should
provide to us the following information:
a) The electronic or the physical signature of the
individual that is authorized on behalf of the owner of
the copyright or other intellectual property
interest;
b) A description of the copyrighted work or other
intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you
allege has been infringing upon your work;
d) Your physical address, telephone number, and email
address;
e) A statement, in which you state that the alleged and
disputed use of your work is not authorized by the
copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of
perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the
copyright or intellectual property owner, representative
or agent authorized to act on the copyright or
intellectual property owner's behalf.
The
Transitional Care Physicians Of America, Inc.
agent for
notice of claims of copyright or other intellectual
property infringement can be contacted as follows:
Mailing Address:
Transitional Care Physicians Of America, Inc.
Attn: Copyright Agent
PO Box 5856
Atlanta,
Georgia
31107
Telephone:
(888) 772-0076
Fax:
(770) 751-8014
Email: services@samepagemd.com
SECTION 17 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between
you and
Transitional Care Physicians Of America, Inc.and shall govern the use of our Services, superseding
any prior version of this Agreement between you and us
with respect to
Transitional Care Physicians Of America, Inc.
Services. You may also be subject to additional terms
and conditions that may apply when you use or purchase
certain other
Transitional Care Physicians Of America, Inc.
Services, affiliate Services, third-party content or
third-party software.
SECTION 18 - CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and
Transitional Care Physicians Of America, Inc.
with regard to the Agreement that the relationship
between the parties shall be governed by the laws of the
state of
Georgia
without regard to its conflict of law provisions and
that any and
all claims, causes of action and/or disputes,
arising out of or relating to the Agreement, or the relationship between you and
Transitional Care Physicians Of America, Inc., shall be filed within the courts having jurisdiction
within the County of
Fulton,
Georgia or the
U.S. District Court located in said state. You and
Transitional Care Physicians Of America, Inc.
agree to submit to the jurisdiction of the courts as
previously mentioned, and agree to waive any and all
objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
SECTION 19 - WAIVER AND SEVERABILITY OF TERMS
At any time, should
Transitional Care Physicians Of America, Inc.
fail to
exercise or enforce any right or provision of the
Agreement, such failure shall not constitute a waiver of
such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the Agreement remain in full force and
effect.
SECTION 20 - NO RIGHT OF SURVIVORSHIP
NON-TRANSFERABILITY
You acknowledge, understand and agree that your account
is non-transferable and any rights to your ID and/or
contents within your account shall terminate upon your
death. Upon receipt of a copy of a death certificate,
your account may be terminated and all contents therein
permanently deleted.
SECTION 21 - STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless
of any statute or law to the contrary, any claim or
action arising out of or related to the use of our
Services or the Agreement must be filed within
1
year(s) after said claim or cause of action arose or
shall be forever barred.
SECTION 22 - VIOLATIONS
Please report any and all violations of this Agreement
to
Transitional Care Physicians Of America, Inc.
as follows:
Mailing Address:
Transitional Care Physicians Of America, Inc.
PO Box 5856
Atlanta,
Georgia
31107
Telephone:
(888) 772-0076
Fax:
(770) 751-8014
Email: services@samepagemd.com
SECTION 23 - GOVERNMENT REQUESTS
In order to cooperate with governmental requests,
subpoenas or court orders, to protect our systems, or to
ensure the integrity and operation of our business and
systems, we may access and disclose any information we
consider necessary or appropriate, including and without
limitation, your information, IP address, and usage
history. Our right to disclose any such
information is governed by the terms of our Privacy
Policy.
SECTION 24 - FOREIGN ACCESS OF SITE
The Site is controlled, operated and administered by
SamePageMDfrom our offices within the USA. If you access the Site
from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will
not use
SamePageMD's content accessed through the Site in any country or
in any manner prohibited by any applicable laws,
restrictions or regulations.
SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that
contains typographical errors, inaccuracies or omissions
that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information
on the Site or on any related Site is inaccurate at any
time without prior notice (including after you have
submitted your order).
We undertake no obligation to update, amend or clarify
information on the Site or on any related Site,
including without limitation, pricing information,
except as required by law. No specified update or
refresh date applied on the Site or on any related Site,
should be taken to indicate that all information on the
Site or on any related Site has been modified or
updated.
SECTION 26 - PRIVACY POLICY
Every member's registration data and various other
personal information are strictly protected by the
Transitional Care Physicians Of America, Inc.
Online Privacy Policy (see the full Privacy Policy at
https://app.samepagemd.com/privacy). As a member, you
herein consent to the collection and use of the
information provided, including the transfer of
information within the United States and/or other
countries for storage, processing or use by
Transitional Care Physicians Of America, Inc.
and/or our subsidiaries and affiliates.