Last updated on January 15 2021
THESE TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT (the “Terms”) represent a legal agreement between you, a User, and EAPOC Inc. (“EAPOC”), that explains your rights and obligations around your Use of the EAPOC website at easthma.ca (the “Site”), the Decision Support System, the web application at portal.easthma.ca (“WebApp”), and the eAMS: Asthma Management System mobile applications (the “Mobile Apps”) through which EAPOC offers its Electronic Asthma Management System (“eAMSTM”) Services, all Content, and any new features or tools that may be added to them.
Capitalized terms not defined in text in this Overview are defined in Section 4 of the Detailed Terms.
PLEASE READ THESE TERMS CAREFULLY.
Capitalized terms used in this Overview are defined in the Detailed Terms.
BY BROWSING THE SITE OR BY CLICKING “I AGREE” WHEN YOU OPEN AN ACCOUNT TO USE THE DECISION SUPPORT SYSTEM, WEBAPP OR MOBILE APPS AND TO SUBSCRIBE TO OUR SERVICES, YOU ACCEPT THESE TERMS, CONSENT TO THE TRANSMISSION OF CERTAIN INFORMATION DURING ACCOUNT ACTIVATION AND DURING YOUR USE OF THE SITE, THE DECISION SUPPORT SYSTEM, WEBAPP, AND MOBILE APPS ACCORDING TO OUR PRIVACY NOTICE, AND YOU
IF YOU DO NOT ACCEPT ALL THESE TERMS AS PROVIDED DO NOT ACCESS OR USE THIS SITE AND DO NOT OPEN AN ACCOUNT TO SUBSCRIBE TO OUR SERVICES OR USE THE DECISION SUPPORT SYSTEM, WEBAPP OR MOBILE APPS.
We may make some changes to or update these Terms from time to time without notice. It is your responsibility to check the Change Log on the last page of the Terms from time to time. If we make significant changes to these Terms, we will notify you of those changes and the date on which they will come into effect by posting an alert on the Site, Decision Support System, the WebApp, and the Mobile Apps and we may also send you the notice by email.
WHEN YOU USE OR ACCESS THE SITE, THE DECISION SUPPORT SYSTEM, THE WEBAPP, OR THE MOBILE APPS YOU ARE BOUND TO THE TERMS IN EFFECT ON THE DATE OF YOUR VISIT.
The currency date of these Terms is posted at the top of this page and the first page of the Detailed Terms.
If you have questions about the Site, the Decision Support System, the WebApp or Mobile Apps, or our Services, please contact us at firstname.lastname@example.org or through our “Contact Us” form on our website.
LAST UPDATED: January 15 2021
THESE TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT (the “Terms”) represent a legal agreement between you, a User, and EAPOC Inc. (“EAPOC”), that explains your rights and obligations around your Use of the EAPOC website at easthma.ca (the “Site”), Decision Support System, the web application at portal.easthma.ca (“WebApp”) and the eAMS: Asthma Management System mobile applications (the “Mobile Apps”) through which EAPOC offers its Electronic Asthma Management System (“eAMSTM”) Services, all Content, and any new features or tools that may be added to them.
PLEASE READ THESE TERMS CAREFULLY.
BY BROWSING THE SITE OR BY CLICKING “I AGREE” WHEN YOU OPEN AN ACCOUNT TO SUBSCRIBE TO OUR SERVICES AND TO USE THE DECISION SUPPORT SYSTEM, THE WEBAPP OR MOBILE APPS YOU:
IF YOU DO NOT ACCEPT ALL THESE TERMS AS PROVIDED DO NOT ACCESS OR USE THE SITE AND DO NOT OPEN AN ACCOUNT TO SUBSCRIBE TO OUR SERVICES OR TO USE THE DECISION SUPPORT SYSTEM, WEBAPP OR MOBILE APPS.
These Terms may be supplemented by additional terms related to specific Content or Service options we may make available on the Site or through the Decision Support System, WebApp or Mobile Apps ("Additional Terms"). REFERENCE TO THESE TERMS SHALL INCLUDE THESE TERMS AND ANY ADDITIONAL TERMS. We will notify you of any Additional Terms and prompt you to review and accept them before you engage with the specific Content or Services to which they may apply. If there are inconsistencies between these Terms and the Additional Terms, then the Additional Terms will govern.
Our secure Electronic Asthma Management System (“eAMSTM”) assists Healthcare Providers to improve care for patients with asthma by using a Decision Support System, to provide patient-tailored asthma advice, including an action plan which, once approved by an authorized Healthcare Provider, is delivered to Patients through the WebApp or Mobile Apps (together the “Services”).
Capitalized terms not otherwise defined in these Terms shall have the following meaning:
“Account” means an account created by a Patient, or by a Substitute Decision Maker on behalf of a Patient, to access the Services through the WebApp or the Mobile Apps or by a Healthcare Provider to access the Decision Support System. Patient accounts are free. Healthcare Provider accounts may be subject to a subscription fee;
“Account Record” means the Personal Information, Personal Health Information, (each as defined in the Privacy Notice) collected from or submitted by a Patient in the process of providing the Services and all other information in an Account;
“Affiliates” means the legal entities that (directly or indirectly) control, are controlled by, or are under common control with the named party, but only for as long as that control exists during the Term. For purposes of this definition, “control” means (a) having, direct or indirect, or the power to direct the management or policies of an entity or (b) having beneficial ownership of at least 50% of the voting securities or other ownership interest or other comparable equity interests of an entity;
"Content" means text, data, statistics, images, graphics, documents, forms, guidelines, video, audio or other multimedia content, software, or other information or material we provide on the Site, the Decision Support System, WebApp and Mobile Apps, and includes your Account Record;
“Decision Support System” means a Healthcare Provider-facing evidence-based clinical decision support system – available as a standalone product or integrated into Electronic Medical Records (“EMRs”) through an Application Programming Interface (“API”) – that reports asthma control level, suggests medications and dosing, and generates chart notes, an asthma action plan, and messages to the Healthcare Provider;
“Healthcare Provider” or “HCP” means a qualified healthcare practitioner, duly authorized to practice in the province in which he or she provides medical services and considers the eAMSTM recommendation to tailor a Patient’s therapy and personalized asthma action plan based on his or her professional clinical judgment, independently of EAPOC. HCPs who may use the Platform include, but are not limited to: physicians, nurse practitioners, medical students, physician assistants, nurses, registered educators, respiratory therapists and pharmacists. Any healthcare setting that uses the eAMSTM in any manner is responsible for ensuring that only qualified individuals, licensed to practice are permitted to use the eAMSTM.
“Feedback” means all comments and suggestions for improvement that you may provide to us by any means;
“Intellectual Property” means any property, tangible or intangible, that may be subject to Intellectual Property Rights, including ideas, formulae, algorithms, concepts, techniques, processes, procedures, protocols, approaches, methodologies, plans, systems, research, information, documentation, data, data compilations, specifications, requirements, designs, diagrams, programs, inventions, technologies, software (including its source materials and codes), tools, product knowledge, know-how, trade secrets, unpublished patent applications, and other materials or things, trademarks, trade names, and domain names;
“Intellectual Property Rights” means any and all legal protection now recognized by law or that in the future may be recognized by law anywhere in the world – whether by statute, at common law, or otherwise – relating to the Intellectual Property including patent law, copyright law and moral rights, trademark law, design patent or industrial design law, semiconductor chip or mask work law, trade secret law, confidential information, or any other statutory provision or common law principle applicable to these Terms that may provide a right in either the Intellectual Property or the expression or use of the Intellectual Property and all other applications, registrations, or grants of rights analogous to them, and including the right to apply for the any of them;
“Legal Dependent” means an individual who is less than 18 years old or an adult who authorized another individual to act on his or her behalf under a power of attorney for personal care;
“Patient” means an individual with asthma who uses the WebApp or the Mobile Apps;
“Person” means an individual, sole proprietorship, partnership, limited partnership, limited liability partnership, corporation, limited liability company, business trust, joint stock company, trust, incorporated association, joint venture or similar entity or organization, including a government or department or agency of a government;
“Platform” means the Decision Support System, the WebApp and the Mobile Apps;
“Purpose” to receive or provide (as applicable) the Services;
“Substitute Decision Maker” means a parent, guardian, or a holder of a power of attorney for personal care who acts on behalf of a Patient who is a Legal Dependent;
“Use”or “Using” means to access, read, review, print, communicate, share, upload, or download;
“User” means any Person who visits or Uses the Site or Uses the eAMSTM through the Decision Support System, the WebApp, or the Mobile Apps.
“User Content” means any text, data, images, graphics, documents, video, audio or other multimedia content that you submit to or upload onto the Site, the WebApp, or the Mobile Apps, other than Personal Information and Personal Health Information.
"we", "us" or "our" means EAPOC Inc., our Affiliates, and our respective officers, directors, employees, contractors, and consultants.
"you" or "your" means a Person who Uses the Site, the Decision Support System, WebApp, the Mobile Apps, or the Content.
THE eAMSTM PROVIDES INFORMATION TO ASSIST HEALTHCARE PROVIDERS IN CLINICAL DECISION-MAKING BUT IT IS NOT INTENDED TO, AND DOES NOT, CONSTITUTE PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT, AND IS NOT A SUBSTITUTE FOR A HEALTHCARE PROVIDER’S PROFESSIONAL JUDGMENT.
EAPOC IS NOT RESPONSIBLE FOR A HEALTHCARE PROVIDER’S PROFESSIONAL DECISIONS, INCLUDING IN DETERMINING A PATIENT’S ASTHMA CONTROL LEVEL, CHANGING A PATIENT’S MEDICATIONS, AND GENERATING THE ACTION PLAN.
THE SITE, DECISION SUPPORT SYSTEM, WEBAPP, MOBILE APPS, SERVICES, AND CONTENT ARE PROVIDED FOR YOUR GENERAL INFORMATION ONLY, DO NOT CONSTITUTE MEDICAL, SCIENTIFIC, LEGAL, OR ANY OTHER TYPE OF ADVICE, AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, ASSESSMENT AND EVALUATION.
YOU SHOULD NOT RELY ON ANY OF THEM TO TAKE OR NOT TO TAKE ANY ACTION OR TO MAKE OR NOT MAKE ANY DECISIONS ABOUT YOUR MEDICAL CONDITIONS OR YOUR HEALTH WITHOUT CONSULTING A QUALIFIED PROFESSIONAL.
IF YOU RELY ON ANY CONTENT ON THE SITE, DECISION SUPPORT SYSTEM, WEBAPP, OR MOBILE APPS YOU DO SO AT YOUR OWN RISK, BUT NOTHING IN THESE TERMS IS INTENDED TO LIMIT YOUR STATUTORY RIGHTS.
We reserve the right, at any time and for any reason, to: (1) modify, suspend, or terminate the Site, the Decision Support System, WebApp, the Mobile Apps, and the Services without notice to you and without liability to you or to any third-party; (2) refuse to offer Services to any Person, or in any jurisdiction; and (3) to report verbal or written abuse of any kind (including threats of abuse or retribution) you make toward another User, our directors, officers, employees, contractors, or our third-party service providers to the authorities.
We, and any other Persons involved in the management of the Site, the Decision Support System, WebApp or the Mobile Apps, may make changes to the Content at any time and without notice. While we make commercially reasonable efforts to ensure that the Content is accurate, current, and error-free, occasionally some Content on our Site, the Decision Support System, WebApp or Mobile Apps may be inaccurate, incomplete, or may contain typographical or other errors (together “Errors”). We reserve the right, but we do not have an obligation to correct Errors or to change the Content, except as required by law. You should not take any updates to these Terms to indicate that such Errors have been corrected.
We are committed to protecting the privacy of your Account Record. You acknowledge and agree that your Use of the Site, the Decision Support System, WebApp, or the Mobile Apps, and our Services and our collection, Use, and disclosure of your Account Record is governed by our Privacy Notice. Our Privacy Notice is hereby included by reference in these Terms. If there are inconsistencies between these Terms and the Privacy Notice, then these Terms will control.
We seek to make the Site, the Decision Support System, WebApp, and the Mobile Apps accessible to all. If you have any problems Using the Site, the Decision Support System, WebApp or Mobile Apps, or accessing the Content please contact us at email@example.com.
We operate the Site, the Decision Support System, WebApp, and the Mobile Apps and offer Services from Ontario, Canada. OUR SERVICES ARE ONLY MADE AVAILABLE WHERE THEY CAN BE LEGALLY OFFERED AND WE DO NOT REPRESENT OR WARRANT THAT EITHER THE SERVICES OR ANY CONTENT ARE LEGAL FOR USE IN ANY OTHER LOCATIONS. IF YOU USE THE SITE, DECISION SUPPORT SYSTEM, WEBAPP, OR MOBILE APPS OR SUBSCRIBE TO RECEIVE SERVICES FROM ANOTHER LOCATION, YOU MUST COMPLY WITH ALL PROVINCIAL, STATE, OR FEDERAL LAWS APPLICABLE IN THE LOCATION FROM WHICH YOU ACCESS THEM.
We comply with Canada’s Anti-Spam Legislation (“CASL”). We will ask for your explicit consent before we send you any marketing or promotional emails, newsletters, invitations to participate in surveys, or other reasons that are not central to the Purpose. You may provide your consent for such email communications when you open your Account and you may withdraw your consent by using the “Unsubscribe” link available in any of our emails to you, or by contacting us at firstname.lastname@example.org.
EAPOC (or its licensors), own the entire right, title, and interest in and to Site, the Decision Support System, WebApp, the Mobile Apps, the Content, the Services and the Intellectual Property Rights in each of them. Nothing in these Terms grants you any rights, title, or interest in the Site, the Decision Support System, WebApp, the Mobile Apps, or the Content, other than as explicitly provided below. Unless otherwise expressly provided under these Terms, we have not and do not grant you a license or any Intellectual Property Rights in any Intellectual Property that we own or control. You agree not to take any action that interferes, in any manner, with our Intellectual Property Rights with respect to the Site, the Decision Support System, WebApp, the Mobile Apps, and Content. All trademarks, service marks, logos, trade names and any other proprietary designations of EAPOC used in/on/with any Content on the Site, Decision Support System, WebApp, Mobile Apps are common law or registered trademarks of EAPOC. Any other trademarks, service marks, logos, trade names and any other proprietary designations used in/on/with any Content on the Site, the Decision Support System, WebApp, or the Mobile Apps are owned, or operated under license, by the respective third parties. You acknowledge that we may seek immediate injunctive relief, in addition to any other remedies available to us, if you violate this section of the Terms.
Subject to these Terms, EAPOC hereby grants you and you accept, a non-exclusive, non-transferable, revocable, non-sublicensable, and limited right license to Use the Decision Support System, WebApp or Mobile Apps together with their underlying software and software code solely for the Purpose and your personal, non-commercial use (the “License”). This License does not transfer EAPOC’s or its licensors’ right, title, and interest in the Decision Support System, WebApp or Mobile Apps from EAPOC, or its licensors, to you. For clarity (i) Patients are licensed to use the WebApp or to download the Mobile Apps on one personal device that you own and control; and (ii) Healthcare Providers and clinics are only permitted to Use the eAMSTM via API or our standalone website.
The WebApp and Mobile Apps may periodically check for software updates or upgrades and push them to your device for installation. By accepting these Terms, you agree to receive these types of automatic updates and upgrades without any additional notice. All updates and upgrades we may provide are subject to these Terms, including any Additional Terms.
You may access and Use the Site, the Decision Support System, WebApp or the Mobile Apps and the Content only for the Purpose, according to these Terms and according to all applicable laws and regulations in the location from which you are Using them.
You acknowledge and agree that your Use of the Decision Support System, WebApp and Mobile Apps is limited to the License, as described in Section 12(b). If you engage in any of the following activities when Using the Site, the Decision Support System, WebApp, the Mobile Apps, the Content, or the Services, we have the right to terminate your Account, your subscription to the Services, and the API access to the eAMSTM. Therefore, you agree that you:
You should not share through email, post on the public area of the Site, or in any Feedback, any material that contains Personally Identifiable Information and Personal Health Information (both as defined in the Privacy Notice).
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit (“Make Available”) User Content on the Site and the Decision Support System, WebApp, or Mobile Apps and you acknowledge and agree that you are solely responsible for all User Content that you Make Available on the Site, Decision Support System, WebApp or Mobile Apps. Accordingly, you represent and warrant that (i) you either are the sole and exclusive owner of the User Content or that you have all the licenses, consents, and releases necessary to Make Available the User Content; and (ii) that the User Content, your use of it, or your Making it Available, does not infringe a third party's Intellectual Property Rights or any rights of publicity or privacy, or result in the violation of any applicable law or regulation. User Content is not confidential information, and we will not be liable for any Use and/or disclosure of such User Content. If you post or upload any User Content to the Site or the Decision Support System, WebApp or Mobile Apps, you acknowledge and agree that, subject to our Privacy Notice, we may Use such information as we see fit, including to reproduce, transmit, publish, and post it, on any medium anywhere in the world for free.
YOU HEREBY GRANT TO EAPOC A WORLD-WIDE, IRREVOCABLE, PERPETUAL, NON-EXCLUSIVE, TRANSFERABLE, ROYALTY-FREE LICENSE, WITH THE RIGHT TO SUBLICENSE, TO USE, COPY, ADAPT, MODIFY, DISTRIBUTE, LICENSE, PUBLICLY DISPLAY, PUBLICLY PERFORM, TRANSMIT, STREAM, BROADCAST, AND OTHERWISE EXPLOIT ANY USER CONTENT MADE AVAILABLE ON THE SITE, THE DECISION SUPPORT SYSTEM, WEBAPP, OR THE MOBILE APPS AND YOU HEREBY WAIVE YOUR MORAL RIGHTS (AS DEFINED IN THE COPYRIGHT ACT, CANADA OR OTHER SIMILAR LEGISLATION IN OTHER COUNTRIES) IN THE USER CONTENT.
We welcome and encourage your Feedback. YOU ACKNOWLEDGE AND AGREE THAT ALL FEEDBACK YOU GIVE US IS THE SOLE AND EXCLUSIVE PROPERTY OF EAPOC AND YOU HEREBY IRREVOCABLY ASSIGN TO EAPOC ALL YOUR RIGHT, TITLE, AND INTEREST IN AND TO THE FEEDBACK AND ALL INTELLECTUAL PROPERTY RIGHTS IN IT AND HEREBY WAIVE ANY MORAL RIGHTS YOU MAY HAVE IN THE FEEDBACK. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain our intellectual property rights and other legal protections for the Feedback.
To open an Account, you must be at least 16 years old, of sound mind, otherwise legally able to be bound by these Terms, and have read and agreed to these Terms and the Privacy Notice.
You can register for an Account to access the Services through the Decision Support System, WebApp or the Mobile Apps. You represent and warrant that you will provide accurate, current, and complete information in your Account and to update such information from time to time to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account and your subscription to the Services (as applicable) if any information you provided during registration or any time thereafter proves to be inaccurate, fraudulent, outdated, or incomplete.
For our protection, we reserve the right, but do not have an obligation to, verify your identity through background checks and other identity verification services at our sole discretion.
Your Account login credentials will be created at registration. It is vital that you keep your login credential safe and not share them with anyone. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR SAFEGUARDING YOUR LOGIN CREDENTIALS AND ARE SOLELY RESPONSIBLE FOR ANY ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIONS. IF YOU SUSPECT THAT YOUR LOGIN CREDENTIALS MAY HAVE BEEN LOST, STOLEN, OR COMPROMISED, YOU MUST NOTIFY US IMMEDIATELY BY PHONE AT (416)-864-6060 ext 2045 OR BY EMAIL AT ADMIN@EASTHMA.CA.
We may, at our discretion, with or without prior notice to you, and at any time, limit, suspend, deactivate or cancel your Account if we determine or suspect that you have engaged in a Prohibited Act or violated any other provisions of these Terms. You may cancel or suspend your Account and access to the Services at any time by sending us an email at email@example.com. Upon cancellation of an Account or a subscription for Services, your Account Record will be subject to our data retention and destruction policies outlined in our Privacy Notice.
The Site, the Decision Support System, WebApp, or the Mobile Apps may contain hyperlinks or references to third-party websites that we provide for your convenience only, and do not constitute our endorsement of those sites, their operators, or any products or services that may be sold on those sites. If we are associated with any third-parties which we hyperlink on our Site or the Decision Support System, WebApp or Mobile Apps, then we will so indicate.
If you click on a link to a third-party site you will leave the Site, the Decision Support System, WebApp, or the Mobile Apps and you will be subject to the terms and conditions of those sites. We have no control over any third-party websites, and we accept no responsibility for any content, material or information on them, or for your use or reliance on any of it.
WE PROVIDE THE SITE, THE DECISION SUPPORT SYSTEM, WEBAPP, AND MOBILE APPS, ACCOUNTS, CONTENT, AND SERVICES ‘AS IS’ AND ‘AS AVAILABLE’. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS THAT THE SITE, THE DECISION SUPPORT SYSTEM, WEBAPP, MOBILE APPS, SERVICES, ACCOUNTS, AND CONTENT WILL BE OF SATISFACTORY OR OF MERCHANTABLE QUALITY, SATISFACTORY TO OR MEET ALL REQUIREMENTS OF A USER, FIT FOR ANY PARTICULAR PURPOSE, NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, FUNCTION OR BE AVAILABLE UNINTERRUPTED, SECURE, ERROR-FREE, ACCURATE, CURRENT, OR COMPLETE; OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, OR THE COURSE OF USAGE OR TRADE OF ANY OF THE FOREGOING. EAPOC IS NOT RESPONSIBLE FOR ANY DAMAGE TO OR INCOMPATIBILITY WITH ANY SYSTEMS, PLATFORMS, OR HARDWARE ON WHICH THE eAMSTM SERVICES ARE USED.
THE eAMSTM PROVIDES INFORMATION TO ASSIST THE HEALTHCARE PROVIDER IN CLINICAL DECISION-MAKING, BUT SUCH INFORMATION IS NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT, NOR TO SUBSTITUTE FOR THE HEALTHCARE PROVIDER’S PROFESSIONAL JUDGMENT AND EAPOC EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM A HEALTHCARE PROVIDER’S PROFESSIONAL DECISIONS. A HEALTHCARE PROVIDER IS SOLELY RESPONSIBLE FOR HIS OR HER RELIANCE ON THE eAMSTM AND ALL HIS OR HER PROFESSIONAL DECISIONS.
THE USER IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON eAMSTM SERVICES OR THE CONTENT PROVIDED ON THE SITE, THE DECISION SUPPORT SYSTEM, WEBAPP, AND MOBILE APPS INCLUDING INACCURATE OR INCOMPLETE INFORMATION.
EAPOC IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF INFORMATION AVAILABLE IN A PATENT’S EMR. THE USER AGREES THAT EAPOC IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR LIABILITY ARISING FROM ANY USE OF OR RELIANCE ON THAT INFORMATION.
THE USER ACKNOWLEDGES THAT OTHER PERSONS HAVE ACCESS TO A PATIENT’S EMR, AND THAT THE ACTIONS OF SUCH OTHER PERSONS ARE BEYOND THE CONTROL OF EAPOC. ACCORDINGLY, EAPOC DOES NOT ASSUME LIABILITY FOR OR RELATING TO ANY IMPAIRMENT OF THE PRIVACY, SECURITY, CONFIDENTIALITY, INTEGRITY, AVAILABILITY, OR RESTRICTED USE OF ANY INFORMATION ON A PATIENT’S EMR, FOR UNAUTHORIZED ACCESS TO A PATIENT’S EMR, OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT, CORRUPTION, LOSS OR DESTRUCTION OF ANY DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION STORED IN A PATIENT’S EMR, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS.
THE HEALTHCARE PROVIDER AND THE CLINIC IN WHICH HE OR SHE OPERATES ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL OUTPUT AND REPORTS, AND FOR PROTECTING PATIENTS’ EMR DATA. EAPOC HEREBY DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE DECISION SUPPORT SYSTEM, WEBAPP, MOBILE APPS, ACCOUNT, SERVICES, AND CONTENT REMAINS WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE DECISION SUPPORT SYSTEM, WEBAPP, MOBILE APPS, ACCOUNT, OR SERVICES AND YOU AGREE TO TAKE REASONABLE PRECAUTIONS TO PROTECT YOUR ACCOUNT INFORMATION IN ALL SUCH REGARDS.
IF YOU ARE DISSATISFIED WITH THE SITE, THE DECISION SUPPORT SYSTEM, WEBAPP, MOBILE APPS, YOUR ACCOUNT, THE SERVICES, THE CONTENT, THESE TERMS, OR ANY ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE, THE DECISION SUPPORT SYSTEM, WEBAPP, MOBILE APPS, CONTENT, ACCOUNT, AND SERVICES. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES, HOWEVER THEY ARISE, INCLUDING WITHOUT LIMITATION, ILLNESS, INJURY (INCLUDING DEATH OR DISABILITY), EMOTIONAL DISTRESS, DAMAGES FOR INCONVENIENCE, HARM TO BUSINESS OR PERSONS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, INFORMATION, PROGRAMS, OR OTHER DATA ON ANY DEVICE FROM WHICH YOU ACCESS TH SERVICES ARISING, DIRECTLY OR INDIRECTLY FROM (1) YOUR USE OF, OR THE INABILITY TO USE YOUR ACCOUNT, THE SITE, THE DECISION SUPPORT SYSTEM, THE WEBAPP, MOBILE APPS, THE SERVICES, OR THE CONTENT, FOR ANY REASON; (2) THE ACCURACY OF YOUR EMR OR ANY UNAUTHORIZED ACCESS THEREOF, (3) YOUR USE OR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES ON ANY LINKED SITES, (4) THE ACTS OR OMISSIONS OF ANY THIRD-PARTY, INCLUDING USERS AND OUR SERVICE PROVIDERS, (5) YOUR COMMUNICATIONS OR INTERACTIONS WITH YOUR HEALTHCARE PROVIDER AND HIS OR HER CLINIC, OR (6) ANY ERRORS OR OMISSIONS IN THE CONTENT, THE SITE, THE DECISION SUPPORT SYSTEM, THE WEBAPP OR MOBILE APPS, OR YOUR ACCOUNT; (7) OUR, YOUR, OR YOUR HEALTHCARE PROVIDER’S OR HIS OR HER CLINIC’S TRANSMISSION OF CONFIDENTIAL INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, PERSONAL HEALTH INFORMATION, OR OTHER SENSITIVE INFORMATION THOUGH THE INTERNET, INCLUDING BY EMAIL, TO OR FROM THE SITE, THE DECISION SUPPORT SYSTEM, THE WEBAPP, THE MOBILE APPS, OR YOUR ACCOUNT; ALL WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY OF LIABILITY, AND WHETHER OR NOT WE HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN THAT REGARD.
EAPOC WILL NOT BE DEEMED TO BE IN VIOLATION OF THIS AGREEMENT UNLESS THE USER HAS FIRST GIVEN EAPOC WRITTEN NOTICE SPECIFYING THE NATURE OF THE DEFAULT, AND EAPOC HAS FAILED WITHIN THIRTY (30) DAYS OF RECEIPT OF THE NOTICE EITHER TO CURE THE DEFAULT OR, IF CURE WITHIN SUCH PERIOD IS NOT PRACTICABLE, TO BE DILIGENTLY PROCEEDING TO CURE THE DEFAULT.
You hereby agree to release, defend, indemnify, and hold us harmless from and against any and all liabilities, damages, claims, costs, threats, losses, fines, fees and expenses (including reasonable attorneys’ fees and expenses), (individually a “Claim” and together “Claims”) made by a third-party arising directly or indirectly out of: a) your Use or reliance on the Site, the Decision Support System, WebApp or Mobile Apps, Services, Account, or Content, (b) your breach, or the breach by any person for whom you are responsible at law, of these Terms, and any Additional Terms, or the Privacy Notice; (c) your User Content; (d) your violation of any rights of a third-party, (e) your use, reliance on, or engagement of any kind with any of our service providers and (f) your use or reliance upon any sites linked on the Site or the Decision Support System, WebApp or Mobile Apps, or your commercial or other relationship with the operators of those sites and any contract for products or services of those parties that you may have entered, (g) the acts or omissions and professional decisions of your Healthcare Provider; and (h) your negligent or willful misconduct, or the negligent or willful misconduct of any person for whom you are responsible at law. In addition, you agree to reimburse us for any and all costs, attorney's fees and expenses we may incur to enforce the provisions of this Agreement against you, whether by arbitration, prosecution of a lawsuit, or otherwise. You will not be required to indemnify us, to the extent allowed by law, where such Claims are caused by our gross negligence or willful misconduct.
The Platform software licensed to you in Section 12(b) of these Terms may include “Open Source” software (computer software that is distributed under a licensing arrangement, which provides that the computer code can be shared, viewed, and modified by the public). The restrictions in Section 14(b) only apply to our Platform software when and to the extent that they do not conflict with any terms of the applicable Open Source software license(s).
You and we agree to settle any dispute, claim, or controversy arising directly or indirectly from the enforcement, interpretation, validity, breach, and termination of these Terms, any Additional Terms, or the Privacy Notice (collectively, "Disputes") through good faith negotiations after providing to the other a written Notice of Dispute.
If we cannot find a resolution within 21 business days from the Notice of Dispute, then the Dispute will be settled by binding arbitration, except that we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our Intellectual Property Rights.
YOU AND WE MUST FILE A NOTICE OF DISPUTE FOR ARBITRATION (EXCEPT INTELLECTUAL PROPERTY DISPUTES) WITHIN ONE YEAR FROM THE DATE WHEN THE MATTER AT ISSUE FIRST AROSE, OTHERWISE NEITHER OF US WILL ABLE TO INITIATE ARBITRATION OR SEEK LEGAL RECOURSE FOR THAT MATTER.
Any Dispute shall be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada Inc. The arbitration shall be conducted in Ontario, in the English language, by a single arbitrator appointed under the Rules. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. The arbitration will include a written confidential record of the arbitrator’s findings, which shall be final. An award of arbitration may be entered in a court of competent jurisdiction.
This section will survive any termination of your Account or your subscription to Services.
We may make some changes or updates to these Terms from time to time without notifying you. A log of such changes will appear in the Change Log on the last page of these Terms. The changes will come into effect on the day they are made. It is your responsibility to check these Terms and the Change Log from time to time. If we make significant changes to these Terms or replace them completely, we will notify you by e-mail about such significant changes to these Terms. WHEN YOU USE OR ACCESS THE SITE AND THE WEBAPP OR MOBILE APPS, YOU ARE BOUND TO THE TERMS IN EFFECT ON THE DATE OF YOUR VISIT.
Relationship of The Parties. We and you are independent contractors under these Terms and these Terms do not, and shall not be construed to, create a partnership or joint venture, agency relationship, or employment relationship between us. Neither we nor you have the right or authority to create any obligations on each other’s behalf.
Force Majeure. Neither you nor we are be liable for any breach of these Terms where such breach is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes (including work stoppages or slow-downs), labour shortages, lock-outs, and other industrial disputes; breakdown of systems or network access; power failure, flood, storms, fire, earthquakes, explosion, accident; cyber or terrorist attacks, acts of civil or military authorities, governmental restrictions, wars (whether declared or undeclared), revolution, riot, insurrection, civil disturbances; earthquakes; epidemics or pandemics, quarantine restrictions; freight embargoes; mechanical or electrical breakdown or non-availability of any machinery, equipment, or service provided by any person or corporation not a party to this Agreement; delay, interruption, or failure, occasioned by a computer software or hardware problem, and delays by carriers, suppliers or materials shortages. Lack of money, financing, or credit will not be and will not be deemed to be an event of Force Majeure.
Severability. If any part of these Terms is found void and unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be severed from these Terms, then the rest of these Terms will remain valid and enforceable.
Cumulative Remedies. Other than as expressly stated in this Agreement, and subject to the Dispute Resolution section, the remedies provided in this Agreement are in addition to, and without prejudice to, any other remedies we or you may have at law or in equity.
Waiver. If we choose not to enforce any right that we have against you at any time, this does not prevent us from later exercising or enforcing that right.
Assignment. You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other Person without our prior written consent, which we may give or withhold, at our sole discretion. We may assign these Terms without notice to you or consent from you.
Governing Law and Jurisdiction. These Terms shall be governed by and interpreted under the laws of the Province of Ontario and the laws of Canada applicable in Ontario, without regard to principles of conflicts of laws that may impose the laws of another jurisdiction. Subject to the Dispute Resolution provisions, you and we irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario regarding any dispute or claim that may arise from or in connection with these Terms.
Enurement. These Terms will be binding upon and inure to your and our benefit and to the benefit of your and our respective heirs, successors, permitted assigns and legal representatives, as applicable.
Statutory Rights. This Agreement shall not prejudice your statutory rights as a consumer.
Survival. Any provisions of these Terms that require or contemplate performance after termination and by their nature must survive the termination of your Account or your subscription for Services, will survive such termination.
Acknowledgement. You agree that you have read these Terms before using the Platform, including any linked terms. You understand that by using the Platform and Services, you agree to be bound by these Terms and the linked terms in it.
If you have any questions regarding these Terms or if you wish to request any information from us, please contact us by email at firstname.lastname@example.org
These Terms are in effect as of January 15 2021.