PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING SOFTCLINIC LIVE. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND JVS GROUP.
You would like to use SoftClinic Live (as defined below) and any other OS and devices supported. JVS Group. (“JVS Group”) is willing to grant you the use of SoftClinic Live on the terms and conditions set forth in this Agreement.
1.0 Accepting this Agreement; Definitions
In order to use SoftClinic Live and related services, You must first agree to this Agreement. If you do not or cannot agree to this Agreement, You are not permitted to use SoftClinic Live.
Whenever capitalized in this Agreement:
“Agreement” means the SoftClinic Live License Agreement, including any attachments and any exhibits thereto which are hereby incorporated by this reference.
“Documentation” means any technical or other specifications or documentation that JVS Group may provide to You for use in connection with SoftClinic Live.
” SoftClinic Live ” means the application and service(s) provided by and maintained by JVS Group for the management of medical and other related records.
“You” and “Your” means and refers to the person(s) or legal entity (whether the company, organization, educational institution, or governmental agency, instrumentality, or department) using SoftClinic Live or otherwise exercising rights under this Agreement. For the sake of clarity, you may authorize contractors to use SoftClinic Live on Your behalf.
2.0 Use of SoftClinic Live and Restrictions
2.1 Permitted Uses and Restrictions
Subject to the terms and conditions of this Agreement, JVS Group, hereby grants You, a limited, non-exclusive, personal, revocable, non-sub licensable and non-transferable permission to, use SoftClinic Live.
(a) You realize and agree that JVS Group will own the intellectual property and data generated with use of SoftClinic Live, and as such must NOT be distributed either publicly or privately by You under any circumstances; YOU further agree authorization to JVS Group to use and process information YOU generate or provide to JVS Group by YOUR use of SoftClinic Live.
3.0 Your Obligations
You certify to JVS Group and agree that: (a) You are of the legal age of majority in the jurisdiction in which You reside (at least 18 years of age in many countries) and have the right and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government, that You have the right and authority to legally bind such entity or organization to the terms and obligations of this Agreement; (b) All information provided by You to SoftClinic Live in connection with this Agreement without limitation, will be current, true, accurate, supportable and complete and, with regard to information You provide to SoftClinic Live, You will promptly notify SoftClinic Live of any changes to such information. Furthermore, You agree that SoftClinic Live may share such information (including email address, mailing address, phone number, your personal information) with third parties who have a need to know for purposes related thereto (including but not limited to, intellectual property questions, customer service inquiries, patient information transfer, aggregate user data, data statistics, etc.); (c) You will comply with the terms of and fulfill Your obligations under this Agreement, and You agree be fully responsible for any actions undertaken by You in relation to Your use of SoftClinic Live and its compliance with the terms of this Agreement; (d) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You in connection with SoftClinic Live ,; (e) For the purposes of Schedule 1, You represent and warrant that You own or control the necessary rights in order to appoint JVS Group as Your worldwide agent for the delivery of Your SoftClinic Live information (including Medical Information) (if any and if needed), and that the fulfillment of such appointment by JVS Group shall not violate or infringe the rights of any third party; and (f) You will not act in a manner which conflicts or interferes with any existing commitment or obligation You may have and no agreement previously entered into by You will interfere with Your performance of Your obligations under this Agreement.
3.2 Use of SoftClinic Live
As a condition to using SoftClinic Live, You agree that: (a) You will only use the SoftClinic Live (including Your Medical Information) for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations; (b) You will not use SoftClinic Live for any unlawful or illegal activity, nor to generate SoftClinic Live information which would commit or facilitate the commission of a crime, or other unlawful or illegal act; (c) To the best of Your knowledge and belief, Your SoftClinic Live Information does not and will not violate, misappropriate, or infringe any third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights (e.g. photography or image rights, logo rights, third party data rights); (d) You agree that all development of SoftClinic Live Information (including Your Information) must be in accordance with the terms of this Agreement.
SoftClinic Live provides clear and complete information to users regarding SoftClinic Live Information, use and disclosure. Furthermore, SoftClinic Live takes appropriate steps to protect such data from unauthorized use, disclosure or access by third parties.
JVS Group will not disclose any of YOUR information to a third party without YOUR authorization. YOU agree to give JVS Group authorization to manage, deliver and process all of YOUR data, information and records YOU provide to SoftClinic Live, in accordance with these terms and conditions.
4. Quality Assurance and Compliance
You understand and agree that JVS Group reserves the right to review Your Information YOU provide to SoftClinic Live at any time during the Term of this Agreement and YOUR use of SoftClinic Live for Quality Assurance and State and Federal Compliance.
6. Liability Disclaimer
JVS GROUP SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE, MISUSE, RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF SoftClinic Live OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY LOSS OR FAILURE TO STORE OR TRANSMIT YOUR INFORMATION OR ANY CLAIMS ARISING FROM ANY USE OF THE FOREGOING BY THIRD PARTIES.
To the extent permitted by applicable law, You agree to indemnify and hold harmless, JVS Group, its directors, officers, employees, independent contractors and agents (each an “JVS Group Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys’ fees and court costs (collectively, “Losses”), incurred by a JVS Group Indemnified Party and arising from or related to any of the following: (i) Your breach of any certification, covenant, obligation, representation or warranty in this Agreement; (ii) any claims that Your SoftClinic Live Information or use of SoftClinic Live violates or infringe any third party intellectual property or proprietary rights; (iii) SoftClinic Live’s permitted use, promotion or delivery of YOUR Information, metadata, related trademarks and logos, or images and other materials that You provide to JVS Group under this Agreement; (iv) any claims, including but not limited to any user claims, regarding Your Information, or related logos, trademarks, content or images; or (v) Your use of YOUR Information, metadata or Your development and distribution of any JVS Group related information.
To the extent permitted by law, you hereby agree to indemnify, defend and hold harmless each JVS Group Indemnified Party from any Losses incurred by such JVS Group Indemnified Party by reason of any such use.
8.0 Term and Termination
The Term of this Agreement shall extend until the one (1) year anniversary of the original activation date of your acceptance of this Agreement (“Effective Date”). Thereafter, subject to your compliance with the terms of this Agreement, the Term will automatically renew for successive years, unless sooner terminated in accordance with this Agreement.
This Agreement and all rights granted by JVS Group hereunder and any services provided hereunder will terminate, effective immediately upon notice from JVS Group: (a) if You fail to comply with any term of this Agreement and fail to cure such breach within 30 days after becoming aware of or receiving notice of such breach; (b) if You become insolvent, fail to pay Your debts when due, dissolve or cease to do business, file for bankruptcy, or have filed against You a petition in bankruptcy; or (f) if You engage, or encourage others to engage, in any misleading, fraudulent, improper, unlawful or dishonest act relating to this Agreement, JVS Group may also terminate this Agreement, or suspend Your rights to use SoftClinic Live, if You fail to accept any new Agreement terms.
9.0 No Warranty
The SoftClinic Live services may contain inaccuracies or errors that could cause failures or loss of data. JVS Group, or its licensors, may provide or make available through SoftClinic Live certain web based applications, service related software, certificate issuance services, or other services for your use (collectively the “Services”). JVS Group and its licensors reserve the right to change, suspend, remove, or disable access to any Services (or any part thereof) at any time without notice. In no event will JVS Group or its licensors be liable for the removal of or disabling of access to any such Services. JVS Group or its licensors may also impose limits on the use of or access to certain Services, or may remove the Services for indefinite time periods or cancel the Services at any time and in any case and without notice or liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF SoftClinic Live, AND ANY SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IF WITH YOU. SoftClinic Live AND ANY AND ALL RELATED SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE”. WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND JVS Group, ITS AGENTS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO JVS GROUP AND SERVICES EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. SoftClinic Live DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE JVS GROUP OR SERVICES, THAT THE OPERATION OF JVS GROUP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT DEFECTS OR ERRORS IN SoftClinic Live OR SERVICES WILL BE COMPATIBLE WITH FUTURE PRODUCTS, SERVICES OR SOFTWARE OR ANY THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH ANY JVS GROUP WILL NOT BE LOST, CORRUPTED OR DAMAGED. YOU ACKNOWLEDGE THAT SoftClinic Live AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE ERRORS, DELAYS, FAILURES OR INACCURACIES IN THE TRANSMISSION OR STORAGE OF DATA OR INFORMATION BY OR THROUGH SoftClinic Live OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR FINANCIAL, PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SoftClinic Live OR A SoftClinic Live AUTHORISED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE SoftClinic Live OR SERVICES PROVDE DEFECTIVE YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Any notices relating to this Agreement shall be in writing. Notices will be deemed given by SoftClinic Live when sent to you at the email address or mailing address You provided during the registration process. All notices to SoftClinic Live relating to this Agreement will be deemed given when sent by you at the email email@example.com. You consent to receive notices by email and agree that any such notices that SoftClinic Live sends You electronically will satisfy any legal communication requirements. A party may change its email or mailing address by giving the other written notice as described above.
11. Changes to the Agreement
JVS Group may change the terms of this Agreement at any time. In order to continue using the SoftClinic Live, You must accept and agree to the new terms of this Agreement. If you do not agree to new terms, your use of the SoftClinic Live will be suspended or terminated. You agree that your acceptance of such new Agreement terms may be signified electronically, including without limitation, by you checking a box or clicking on an “agree” or similar button.
12.Terms and Conditions of SoftClinic Live Website, Site and Related Services.
13 Information Storage and Backup
JVS Group is not guaranteeing nor is it obligated to provide backup services to your information or settings. Any all such services are provided on a limited basis for active users whose accounts are in good standing, but may be further limited and/or revoked at any time. JVS Group can provide these services at an additional fee. Please contact JVS Group for further information.
1 Appointment of Agent
1.1 You hereby appoint JVS Group as Your worldwide agent for the delivery of the YOUR information YOU provide to SoftClinic Live. You hereby acknowledge that JVS Group will deliver the information for You and on Your behalf. For purposes of this Schedule 1, the term “information” includes any additional permitted functionality, content or services provided and authorized by you.
2. Legal Consequences
The relationship between you and JVS Group established by this Schedule 1 may have important legal consequences for you. You acknowledge and agree that it is your responsibility to consult with your legal advisors with respect to your legal obligations hereunder.