Terms of Service

Terms of Service

Welcome to ClinEdge!

Thanks for using our products and services (“Services”). The Services are provided by ClinEdge, LLC (“ClinEdge”), located at 108 Myrtle Street, suite 201, Quincy, MA 02171, United States.

By using our Services, you are agreeing to these terms. Please read them carefully.

 

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

 

Using our Services

 

You must follow any policies made available to you within the Services.

 

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

 

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

 

Our Services display some content that is not ClinEdge’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

 

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

 

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

 

 

Accounts

 

When a you create an account with ClinEdge, you must provide us with information that is accurate, complete and current at all times.  Failure to do so constitutes a breach of these terms, which may result in immediate termination of your account and removal of any of your content of such User.

 

You are responsible for safeguarding any password that is used to access your account and for any activities or actions resulting from such account.  You agree not to disclose your password to any third party.

 

Third Party Websites and Services

 

The Services from time to time may contain links to websites maintained by third parties. All links are provided only as a convenience to you, and the inclusion of any link does not imply endorsement or sponsorship by ClinEdge of such website or any association with its operators. ClinEdge does not control or operate in any respect information, products or services on such third-party sites and is not responsible for their content. These sites may be governed by different terms of use and privacy policies. Please check these policies before using these sites. You assume sole responsibility for use of third-party links.

 

Certain portions of the Services from time to time may be delivered by third party websites and organizations.  By using the Services, you, acknowledge and agree that ClinEdge may share information and data with any third party with which ClinEdge has a contractual relationship to provide the requested service or functionality on your behalf.

 

 

Privacy

 

ClinEdge’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that ClinEdge can use such data in accordance with our privacy policies.

 

About Software in our Services

 

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

 

ClinEdge gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by ClinEdge as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ClinEdge, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

 

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

 

Content and Intellectual Property

 

A. ClinEdge Content.

 

All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content used in connection with the Services other than “User – Contributed Content” (collectively, “ClinEdge Content”), including but not limited to the design, selection, arrangement, and coordination of ClinEdge Content on the Site, is owned or licensed by or to ClinEdge, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property laws. Except as expressly provided in this Terms of Use, no part of the Services and no ClinEdge Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without ClinEdge’s prior express written consent. Except as expressly provided in these terms, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the ClinEdge Content, and ClinEdge reserves all rights not expressly granted hereunder. ClinEdge expressly disclaims all responsibility and liability for uses by you of any ClinEdge Content obtained on or in connection with the Services.

 

B. User Contributed Content.

 

ClinEdge has no duty to pre-screen content posted on the Website by third parties, whether directly contributed by the third party or contributed by ClinEdge or another third party on behalf of the third party (collectively, “User-Contributed Content”).  CLINEDGE IS NOT RESPONSIBLE FOR USER-CONTRIBUTED CONTENT.

 

ClinEdge reserves the right to decline to permit the postings on the Site or to remove from the Site any User-Contributed Content that fails to meet our content guidelines in effect from time to time or if such User-Contributed Content otherwise violates these terms, as determined in our discretion.  ClinEdge also reserves the right to edit User-Contributed Content.

 

All User-Contributed Content is the sole responsibility of the party who contributes such Content, and we specifically disclaim all liability for such User-Contributed Content.

 

By submitting or authorizing User-Contributed Content, you grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense, adopt, distribute, display, publicly perform, reproduce, transmit, modify, edit and other exploit the User-Contributed Content and the likenesses (if any) contained therein, in connection with our business.

 

C. Restrictions

 

Users agree that they will not use the Services in a manner that: (i) violates any federal, state, local, or international law or regulation; (ii) may, in the sole discretion of ClinEdge, contribute to the harassment, exploitation, or harm of any person, including activities that may be defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable; (iii) may expose ClinEdge to any liability, including by posting any material that is false, or derogatory or that infringes on or misappropriates the intellectual property rights of third parties; (iv) may be harmful to others, ClinEdge’s operations, or ClinEdge’s reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g. get-rich-quick schemes, Ponzi or pyramid schemes, phishing, or pharming) or engaging in other deceptive practices; or (v) introduces content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including  viruses, Trojan horses, worms, or other malware.

 

Modifying and Terminating our Services

 

 

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

 

You can stop using our Services at any time, although we’ll be sorry to see you go. ClinEdge may also stop providing Services to you, or add or create new limits to our Services at any time.

 

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

 

Our Warranties and Disclaimers

 

 

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

 

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CLINEDGE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

 

Liability for our Services

 

WHEN PERMITTED BY LAW, CLINEDGE, AND CLINEDGE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CLINEDGE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, CLINEDGE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

 

Indemnification

 

By using the Services, you agree to defend, indemnify and hold harmless ClinEdge, its subsidiaries and affiliates, and their respective employees, directors, officers, and agents, from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to: (i) your use of or inability to use the Services or the Content; (ii) your breach or alleged breach of these terms; (iii) a claim, which if true, would constitute a violation by you of your representations and warranties or of applicable federal, state, local or international laws or regulations; and (iv) a claim alleging your negligence or willful misconduct related to the Services or Content.  You may not settle any claim without the prior written consent of ClinEdge, which shall not be unreasonably withheld.

 

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify ClinEdge and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

 

Notification of Infringement

 

We respect the intellectual property rights of others.  ClinEdge does not permit or tolerate the posting of any User-Contributed Content that infringes any person’s intellectual property rights.  Should you become aware of or suspect any copyright infringement on this Site, please contact ClinEdge at [contact email].

 

About these Terms

 

 We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

 

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

 

These terms control the relationship between ClinEdge and you. They do not create any third party beneficiary rights.

 

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

 

If it turns out that a particular term is not enforceable, this will not affect any other terms.

 

The laws of Massachusetts, U.S.A., will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Massachusetts, USA, and you and ClinEdge consent to personal jurisdiction in those courts.

 

Last Modified:  June 18, 2019