TERMS AND CONDITIONS OF USE
These Terms and Conditions govern your use of eOrdersPlus™ that are owned, operated and maintained by Stratice Healthcare, LLC and its affiliated companies. We refer to Stratice Healthcare, LLC, eOrdersPlus™, its affiliated companies and service providers and other subcontractors in these Terms and Conditions as “we,” “us” or “our.” We refer to all applications available as “Our Applications.” Our Applications include, but are not limited to eOrdersPlus™.
1. Binding Nature of These Terms and Conditions.
These terms and conditions are binding. If you do not agree to these terms and conditions, please do not use eOrdersPlus™. If you use eOrdersPlus™, it means that you accept and agree to these Terms and Conditions. We may revise or update these Terms and Conditions as needed and advise you of material changes by posting a notice on eOrdersPlus™. Your continued use of eOrdersPlus™ after we revise or update these Terms and Conditions means that you agree to and accept those revisions and updates.
2. eOrdersPlus™ Does Not Provide Medical Advice.
If you think you may have a medical emergency, please call 911 immediately. The content on eOrdersPlus™, including for example and without limitation, audio, photographs, illustrations, graphics, other visuals, text, articles, interactive tools, video, copy, and software (collectively, the “Content”) is for informational purposes only. Content may not be complete. Content is not, and should not be considered a substitute for, professional medical advice, diagnosis or treatment by your healthcare provider. Always seek the advice of your healthcare provider, including your onsite clinician, about your medical condition. Do not delay seeking professional medical advice because of something you read on the Websites.
3. Proprietary Rights.
“Protected Material” includes: (1) eOrdersPlus™, Content and Our Applications; (2) all code, data and material that make up or operate the preceding; (3) the look, feel, design and organization of eOrdersPlus™; and (4) any copyright, trademark right, patent right, database right, moral right, sui generis right and other intellectual property and proprietary right in any of the preceding. Stratice Healthcare owns, solely and exclusively, all right, title and interest in and to Protected Material. You do not own Protected Material even though you have our permission to use it. Unless otherwise indicated, all logos, names, package designs, and marks on eOrdersPlus™ or in the Content are Stratice Healthcare’s trademarks or service marks or used under license by us. Other product and company names mentioned on eOrdersPlus™ may be trademarks or service marks of their respective owners. The unauthorized use of any of these materials is strictly prohibited. Please do not misuse our Protected Material and trademarks. Our Protected Material and trademarks are protected by copyright, intellectual property and other laws. We, our service providers and other subcontractors reserve to us all rights not expressly granted in these Terms and Conditions of Use. We will also aggressively protect our right to Protected Material and Trademarks to the fullest extent of the law.
4. Limited License.
Everything that you read or see on eOrdersPlus™ is copyrighted or otherwise protected and owned by us or a third party who licensed or granted to us the right to use such material. Unless otherwise expressly noted, nothing that you read or see on eOrdersPlus™ may be copied or used except as provided in these Terms and Conditions or with our prior written approval.
We grant you permission to print individual pages from the Websites, unless otherwise expressly noted, for your own personal, noncommercial use in learning about or evaluating the services or products offered on eOrdersPlus™. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter, modify or create derivative works of these materials. This grant of permission is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display (commercial or noncommercial); remove any copyright, trademark or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. We make no warranties or representations to you that your use of any materials or Content displayed on the Websites will not infringe the rights of third parties.
(b) Our Applications.
We grant you a limited, non-exclusive, non-transferable and revocable license to use Our Applications in non-printed, machine-readable form, so long as you are complying in all respects with these Terms and Conditions.
5. Submitted Information.
Unless specifically requested, such as when using Our Applications, we do not solicit or wish to receive from you any confidential, secret or proprietary information or other material. Any information you submit or send to us, including creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials (collectively, “Submitted Material”), will be deemed not to be confidential or secret, and may be used consistent with our Privacy and Security Policy and applicable law. By submitting or sending Submitted Material to us, you represent and warrant that Submitted Material is original to you, that no other party has any rights to Submitted Material, and that any “moral rights” in Submitted Material have been waived. By submitting or sending Submitted Material to us, you also grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy it to the extent permitted by applicable laws.
6. Passwords; Use of Personal Information; Other Acknowledgements.
Our Applications allow access only to users with a valid password. You must take all necessary steps to ensure that no unauthorized person has access to your password or account. It is your sole responsibility to: (A) control the dissemination and use of activation codes and passwords; (B) authorize, monitor, and control access to and use of your account and password; and (C) promptly inform us of any need to deactivate a password.
If you are accessing personal information that is not yours, you specifically verify, agree and acknowledge, as the context may require, that:
You may only retrieve information from eOrdersPlus™ or Our Applications if you stored it or with express permission of the information’s owner.
You may not reproduce, distribute or disclose any information provided through Our Applications to any person other than (1) the individual to whom that information pertains, (2) to that individual’s parent or guardian, (3) to other individuals and entities permitted to receive the information under HIPAA and applicable state law, rules or regulations, or (4) any other individual or entity with prior consent of the owner of the information.
Any unauthorized retrieval or usage activity may be grounds for terminating your use of the Websites and/or Our Applications, and may violate state and federal civil and criminal laws.
7. Restrictions on Use of eOrdersPlus™.
You may not:
Download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit Protected Material or other user’s information for any commercial purpose or to obtain direct financial gain (e.g., mass marketing);
Insert your own or a third party’s advertising, links, branding or other promotional content into the Protected Materials;
Use any resources of eOrdersPlus™ for chain letters, junk mail, “flooding” servers with requests, “spamming” solicitations (commercial or non-commercial) or bulk communications of any kind;
Attempt to gain unauthorized access to our computer systems or other computer systems through eOrdersPlus™ or other means;
Engage in “spidering,” “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses or other contact or personal information, or other automatic means of obtaining lists of users or other information from eOrdersPlus™;
Attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Protected Material;
Send, upload, transmit, distribute, post or otherwise publish on eOrdersPlus™, any message or material that: (a) is unlawful, fraudulent, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, pornographic, sexually explicit, indecent, or racially offensive; (b) constitutes or encourages conduct that could lead to criminal or civil liability; (c) restricts or inhibits any other user from using eOrdersPlus™; (d) violates, plagiarizes or infringes on the intellectual, proprietary or other right of others; (e) contains or leads to a virus, spyware, or other harmful component; or (f) constitutes or contains false or misleading indication of origin, endorsement or statement of fact;
Impersonate any other person or entity, whether actual or fictitious, including the employees, staff members or agents of Stratice Healthcare or eOrdersPlus™;
- Misrepresent your affiliation with any person or entity, including, but not limited to, with Stratice Healthcare; or Use an inappropriate, offensive or otherwise objectionable member name.
8. Communication on eOrdersPlus™ and Other Public Forums.
(a) Communication. Certain functions of the Websites may permit you to communicate by secured messaging, or via other means, such as chat services, bulletin boards, blogs and other communication forums. You alone are responsible for the content of your messages, and the consequences of these messages.
(b) Editorial Control; Disclosure. We may monitor or review all information posted to eOrdersPlus™ or Our Applications. Although we are not responsible for information posted by users, we reserve the right to disclose such information as necessary to satisfy our legal obligations or government requests. We may also edit, remove or refuse to post any information that we believe is objectionable, violates these Terms and Conditions, our policies or applicable law.
9. Disclaimer of Warranties; Limitation on Damages; Risk of Loss.
(a) Disclaimer of Warranties. eOrdersPlus™, its content and our applications are provided on an “as is,” “as available” basis. Stratice healthcare, its subsidiaries, its affiliated companies, and their directors, officers, members, managers, employees, affiliates, licensors, and suppliers (collectively, “stratice healthcare”) disclaim, to the fullest extent permitted by law, all warranties, either express or implied, statutory or otherwise, including, but not limited to, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties or title, merchantability, non-infringement, and fitness for particular purpose.
Stratice Healthcare makes no representations or warranties about the accuracy, reliability, completeness or timeliness of the Content, Our Applications, links or communications provided on or through the use of eOrdersPlus™.
When using eOrdersPlus™, Content and Our Applications will be transmitted over the Internet, a medium that is beyond our control and jurisdiction. Accordingly, we assume no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted over the Internet in connection with the use of eOrdersPlus™ or Our Applications.
WE MAKE NO WARRANTY THAT eOrdersPlus™ WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH eOrdersPlus™ CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You and the healthcare provider are responsible for ensuring the use of independent professional judgment in making diagnostic, treatment or other decisions.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON eOrdersPlus™ IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON eOrdersPlus™ AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON eOrdersPlus™, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITES.
WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM eOrdersPlus™. IF YOU ARE DISSATISFIED WITH eOrdersPlus™, YOUR SOLE REMEDY IS TO DISCONTINUE USING eOrdersPlus™.
(b) Limitation of Damages. IN NO EVENT WILL STRATICE HEALTHCARE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING OR ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OR INABILITY TO USE eOrdersPlus™, THE CONTENT, FUNCTIONS AND MATERIALS RELATED THERETO, OR OUR APPLICATIONS, OR YOUR PROVISION OF INFORMATION VIA eOrdersPlus™ (WHETHER SUCH CAUSE OF ACTION IS BASED ON WARRANTY, CONTRACT, TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE OR ANY OTHER LEGAL THEORY), REGARDLESS OF WHETHER STRATICE HEALTHCARE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our liability to you arising from these Terms and Conditions, or your use of eOrdersPlus™ (whether for breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory) will not exceed the amounts you actually paid to us for the use of eOrdersPlus™, Content or Our Applications during the three (3) months prior to the occurrence of the first claim or cause of action.
(c) Limitation of Period. Any claims arising in connection with your use of eOrdersPlus™, Content, Protected Material, or Our Applications, must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
(d) Assumption of Risk. Unless provided specifically otherwise in these Terms and Conditions, you are using eOrdersPlus™, the Content, the Protected Materials, and Our Applications at your own risk.
10. Advertisements and Links.
(a) Third Party Websites. The Websites may contain links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the content of any linked site or subsequent links from that site. We provide links only as a courtesy to our users, and such links do not imply our endorsement of any linked site.
(b) Linking to the Websites. If you include a link from any other website to eOrdersPlus™, such link must open in a new browser window and link to the full version of an HTML formatted page of eOrdersPlus™. You are not permitted to link directly to any Content, such as using an “in-line” link to cause the image hosted by us to be displayed on another website. You may not download or use images hosted on eOrdersPlus™ on another website. You may not “frame” our Content with third-party content, materials or branding. We reserve the right to demand that any link to eOrdersPlus™ be discontinued and to revoke your right to link to eOrdersPlus™ from any other web site at any time upon written notice to you.
You agree to defend, indemnify, and hold us and our subsidiaries and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of eOrdersPlus™ or the Content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. U.S. Restricted Rights.
Our Applications are made available only with RESTRICTED RIGHTS. All use, duplication, or disclosure of the product or any of its content, software, interfaces or other features by the United States Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of the Rights in Technical Data Computer Software Clause at DFARS 252.22-70013 and/or subparagraphs c(1) and c(2) of the Commercial Computer Software Restricted Rights Clause at 48 CFR Section 52.227-19, as applicable.
You agree that we may terminate, change, suspend or discontinue our agreement with you for any reason, including, without limitation, if you breach any provision of these Terms and Conditions or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions or applicable law, or for any other reason without notice or liability. If you are a party to a separate service agreement, termination of that service agreement will be controlled by the applicable provision of that service agreement. Stratice Healthcare maintains a policy that provides for the termination in appropriate circumstances of eOrdersPlus™ use privileges of users who are repeat infringers of intellectual property rights.
14. Governing Law.
These Terms and Conditions are governed by the internal substantive laws of the State of Indiana, without respect to its conflict-of-laws principles. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. No waiver of any of these Terms and Conditions will be deemed a further or continuing waiver of such term or condition or any other term or condition.
You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your use of eOrdersPlus™ or Our Applications, resides in the courts of the State of Indiana located in Hamilton County and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Indiana located in Hamilton County in connection with any such dispute including any claim involving us or our directors, officers, members, managers, employees, affiliates, licensors and suppliers.
16. Notices and Our Contact Information.
We will give you notice under these Terms and Conditions by means of electronic messages through eOrdersPlus™ or Our Applications, by a general posting on eOrdersPlus™ or Our Applications or by conventional email or mail to the address provided by you through eOrdersPlus™ or Our Applications. Notices by you may be given by conventional postal mail addressed to: Stratice Healthcare, 742 South Rangeline Road, Carmel, IN 46032.
17. Complete Agreement.
These Terms and Conditions constitute the entire agreement between you and Stratice Healthcare with respect to the use of eOrdersPlus™, Content or Our Applications. Your use of eOrdersPlus™ is also subject at all times to our Privacy and Security Policy. Last Updated: January 14, 2015