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.