Website Terms and Conditions
These Terms and Conditions (“Terms and Conditions”) are an agreement between you and Teleport Med, LLC dba SirenMD (“SirenMD” or “we”) governing your use of the SirenMD website, your use of the SirenMD application through the SirenMD website and/or a mobile device, together with any updates and upgrades to the application, any Internet-based services related to the application, and any related documentation provided by SirenMD (collectively, the “Application”). The contents of the Application include the SirenMD website (“Content”). The Content and Application establish a structure which you, the doctor or health care professional (the “User”), can utilize to communicate to your own patients or to others (your “Contacts”) information you deem relevant.
THE APPLICATION AND CONTENT ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION AND CONTENT ARE WITH YOU. USING THE APPLICATION INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE APPLICATION IF YOU DO NOT ACCEPT THESE TERMS.
1) Password Restricted Areas of the Application. To access certain features of the Application, you will need to provide the following information:
- First and last name;
- A working email address;
- Mobile phone number;
- Professional title;
- Preferred username and password; and
- Any additional information we may require from time to time.
2) Limitations. SirenMD reserves all rights not expressly granted herein. Additionally, you may not:
- Modify, adapt, translate or create derivative works based upon the Application;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Application except to the extent expressly permitted to reverse engineer or decompile under applicable law;
- Remove or alter any proprietary notices, labels or marks from the Application;
- Use the Application on an application service provider basis, a timeshared basis, as a service bureau or outsourcing basis;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
- Use the Application for any illegal purpose.
3) Intellectual Property Rights.
- “SirenMD” is a trademark that belongs to SirenMD. Other trademarks, names and logos on the Application or Content are the property of their respective owners. Unless otherwise specified in these Terms and Conditions, all materials, including the arrangement of them on the Application are the sole property of SirenMD, Copyright © 2016. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
- We respect the intellectual property rights of others and encourage you to do the same. Accordingly, We have a policy of removing Users who violate intellectual property rights of others, suspending access to the Application (or any portion of Content thereof) to any User who uses the Application in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any User who uses the Application in violation of someone’s intellectual property rights.
- Pursuant to Title 17 of the United States Code, Section 512, SirenMD has implemented procedures for receiving written notification of claimed copyright infringement and for processing those claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a User of the Application, please provide written notice to SirenMD of any claims of infringement to firstname.lastname@example.org. To be sure the matter is handled immediately, Your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
4) Control. You control your own access to SirenMD, and are responsible for your use of the Application, including the confidentiality of your password(s), in accordance with these Terms and Conditions, and any applicable laws and regulations. You shall promptly notify SirenMD at email@example.com to notify us of any unauthorized use of your account or any other act or omission that would constitute a breach or violation of these Terms and Conditions.
5) Application Updates. The Application may be changed at any time at SirenMD’s sole discretion without notice to you. For example, SirenMD may make changes to its website at any time and/or offer automatic or manual updates or upgrades to the Application from time to time, but in no event shall SirenMD be required to provide any such updates or upgrades.
6) Assistive Nature Only. The contents of the Content and Application are assistive in nature. The Content and Application are not intended in any manner to provide medical advice or consultations, and do not provide medical advice or consultations. Instead, the Content and Application establish a structure which the User can communicate to your Contacts information you deem relevant. The Content and Application do not convey health care advice and are not medical consultations. You recognize that you acknowledge that i) the Application and Content are subject to factors beyond its control, such as the operation of third party networks and servers; ii) communication failures and delays may occur; and iii) SirenMD is intended to deliver non-emergency communications and information between Users.
7) End-User Communication. You acknowledge that SirenMD may send you communications regarding the Application, its features, service alerts, and network activity in connection with the use of the Application.
8) Collection and Use of Data. SirenMD may use aggregate data collected from the Application in a de-identified, anonymized, and aggregated manner in accordance with HIPAA and other applicable state laws governing the use and disclosure of protected health information. SirenMD may use automatic means to collect information about the User’s mobile device and about the User’s use of the Application. You or the User may be required to provide contact information as a condition of downloading, installing, or using the Application or certain of its features or functionality.
9) Compliance with HIPAA and the Privacy and Security Rules. Both parties agree to comply with any and all applicable laws relating to patient privacy, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and its regulations, as amended by the Health Information Technology for Economic and Clinical Health Act of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, Title XIII (2009) (the “HITECH Act”); any reference herein to HIPAA shall include the HITECH ACT amendments and any other amendments, relating to each party’s use of the Application and any protected health information (“PHI”) as that term is defined in HIPAA.
10) DISCLAIMER OF WARRANTY. THE APPLICATION IS PROVIDED AND LICENSED TO YOU “AS-IS,” WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, SIRENMD DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR MOBILE DEVICE OR THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE, YOUR CONTACTS’ USE, AND THE PERFORMANCE OF THE APPLICATION.
EXCEPT TO THE EXTENT ANY WARRANTY CANNOT OR
MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, SIRENMD MAKES NO WARRANTIES (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATIONS ON LIABILITY.
- SIRENMD IS NOT LIABLE TO YOU OR YOUR CONTACTS FOR ANY LOSSES OR DAMAGES ARISING FROM OR ASSOCIATED WITH YOUR USE OR MISUSE OF THE CONTENT AND/OR APPLICATION, OR THE USE OR MISUSE OF THE CONTENT AND/OR APPLICATION BY YOUR CONTACTS, NOR IS IT LIABLE IF YOU OR YOUR CONTACTS IMPROPERLY SHARE INFORMATION USING THE CONTENT AND/OR APPLICATION.
- IN NO EVENT SHALL SIRENMD BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH) RESULTING FROM THE USE OF THE CONTENT AND/OR APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. FURTHERMORE, SIRENMD IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APPLICATION AND/OR CONTENT, OR THE USE OR MISUSE BY YOUR CONTACTS OF THE APPLICATION AND/OR CONTENT.
- Any claims arising in connection with your use of the Content and Application must be brought within one (1) year of the date of the event giving rise to such action occurred. The exclusive remedy is return of the purchase price for the Application. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
11) Indemnification. You agree to defend, indemnify and hold harmless SirenMD and its officers, directors, employees and agents against all third-party claims and causes of action, as well as related losses, liabilities, judgments, awards, settlements, damages, expenses and costs (including reasonable attorney’s fees and related expenses) that directly or indirectly relate to your use or misuse of the Application or Content or violation of any of these Terms and Conditions.
12) Termination. Any failure by you to comply with these Terms and Conditions will result in automatic and immediate termination of your license. You may also terminate your license at any time by uninstalling or destroying all copies of the Application in your possession, custody or control. SirenMD may also suspend or terminate your license, including access to the Application, at any time at its sole discretion with or without notice to you. If your license is terminated, you must immediately cease all use of the Application, including uninstalling and destroying all copies of the Application in your possession, custody or control.
13) Children Under the Age of 13. The Application is not intended for use by children under the age of 13. We do not knowingly collect personal information from children under the age of 13. If we learn that we have received personal information from a child under 13 without valid consent from a parent or guardian, we will delete the aforementioned information. You agree to notify SirenMD in the event that we may have received information from a child under the age 13 without the appropriate consent.
14) Export Controls. The Application is subject to United States of America (U.S.) export laws and regulations. You will comply with all applicable export controls, and will not use or otherwise export or re-export the Application except as permitted by the laws and regulations of the U.S. and any other jurisdiction(s) in which the Application was obtained. By downloading or using the Application, you represent and warrant that you are not located in a country that is subject to a U.S. trade or economic sanctions or designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties. If you use the Application outside the U.S., you are solely responsible for following applicable local laws.
15) California Consumer Notice. Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice: The Application and Content are provided by SirenMD headquartered at 1951 NW 7th Avenue, Floor 3, Miami, Florida 33136. If you have a question or complaint regarding the Application or Content, please contact Customer Service at firstname.lastname@example.org. You may also contact us by writing SirenMD, 1951 NW 7th Avenue, Floor 3, Miami, Florida 33136. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
16) Amendment. SirenMD may amend these Terms and Conditions at its sole discretion by posting revised, removed or additional terms on the SirenMD website or within the Application. If you continue to use the Application after any amendments are made, your continued use means that you accepted the amendments and agree to be bound by such amendments. If you object to any amendments, your sole recourse shall be to cease using the Application.
17) Severability. In the event that any portion of these Terms and Conditions is terminated or adjudged to be void or unenforceable, that portion shall be severed and the remainder of the Terms and Conditions shall continue and shall be effective and enforceable.
18) Governing Law. The laws of the U.S. and the State of Florida, excluding its conflicts of law rules govern this Agreement. This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
19) Entire Agreement. These Terms and Conditions, including any documents incorporated herein by reference, constitute the entire agreement between you and SirenMD with respect to the Application and there are no written or oral representations, understandings or agreements that are not fully expressed herein. In the event of any conflict between these Terms and Conditions and the Master Service Agreement executed by your enterprise, the terms of the Master Service Agreement shall control. In the event of any conflict between the terms of this Agreement and the terms of the SirenMD MSA and SLA executed by your enterprise, the terms of the MSA and SLA shall control.
20) Open Source Notices. The Application uses JSON API (Creative Commons license), Java (Binary Code License), Spring Web Flow (Apache License), Apache Mavin (Apache License), Logback API (EPL and GNU LGPL license), Common file upload API (Apache License) software, Sail.js (MIT), JSONWebToken (MIT), BCrypt-Node.js, Node.js Foundation, Mocha (MIT), Travis CI (MIT), Express (StrongLoop, MIT), Grunt (Bocoup, MIT), EJS (Jupiter Consulting, MIT), Istanbul (Yahoo, MIT), Should.js (MIT), AFNetworking (MIT), SDWebImage (MIT), Apache HTTP Core, Floating Action View (MIT), Koush/Ion (Apache License), Android Universal Image Loader (Apache License), and Android Photo View (Apache License). None of the licenses referenced in this Section 20 require any fees or payments and thus can be used by the User under this Agreement.
21) Contact Us. If you have any questions about these Terms and Conditions or otherwise need to contact us for any reason, you can reach us at email@example.com.