Effective Date: July 1, 2017 Please read these legal notices carefully before using any of the web sites (the “Web Sites”) owned or operated by Fiscalsoft Corporation (“Fiscalsoft”) .
Acceptance of Terms and Conditions
By accessing or using any of the functionality available on the Web Sites (“Services”) you acknowledge your agreement and, you hereby accept and agree to comply with the terms, conditions and notices stated within the Terms of Use, as may be amended, modified, supplemented from time-to-time with or without specific notice to you (“Terms of Use”). These Terms of Use constitute a binding agreement between yourself and Fiscalsoft. Fiscalsoft reserves the right, at its sole discretion, to change these Terms of Use from time to time without advance notice. Any changes will be posted at the Web Sites under “Terms of Use” or similar identifying function. By accessing the Web Sites, your usage will be deemed to be your acceptance of and agreement to any modifications. Because your continued use of the Web Sites will mean you accept those changes, it is your responsibility to review the legal notices periodically. IF YOU DO NOT AGREE TO ALL OF THE TERMS WITHIN THESE LEGAL NOTICES, PLEASE DO NOT ACCESS OR USE THE WEB SITES, OR ANY CONTENT OR FUNCTIONALITY ACCESSIBLE.
Content
The contents of the Web Sites, including, but not limited to, all text, graphics, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials located on the Web Sites (“Content”) is owned by Fiscalsoft or third parties with all rights reserved unless otherwise noted.
Copyright
All Content and Services on the Web Sites (as well as the organization and layout of the Web Sites) are owned and copyrighted or licensed by Fiscalsoft, its affiliates or its third-party vendors. You may copy information from the Web Sites for your personal or educational use only, provided that each copy includes any copyright, or trademark notice, or attribution as they appear on the pages copied. The Content may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these terms and conditions without the express written permission of Fiscalsoft. You may not use any Content in any manner that may give a false or misleading impression or statement. Nothing on the Web Sites shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication or otherwise.
Trademarks
The Web Sites includes the display of various trademarks and/or service marks. Fiscalsoft’s name and logo and all related trademarks, design marks, and slogans are the trademarks or service marks of Fiscalsoft. You are not authorized to use any Fiscalsoft name or mark in any advertising, publicity, or any other commercial manner without the prior written consent of Fiscalsoft.
Disclaimer of Third Party Content
You acknowledge that Fiscalsoft disclaims any duty or obligation to screen or approve third-party Services or Content accessible on the Web Sites, and that Fiscalsoft shall have the right, but not the obligation, in its sole discretion to reject, modify, delete or relocate any Services or Content available, or may be available, via the Web Sites, for any reason whatsoever. The Services or Content provided through the Web Sites may be located on third party websites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services or Content is an offer or promise by Fiscalsoft to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Fiscalsoft does not make any representations or warranties with respect to such third party services or content, and is not responsible for their accuracy, sufficiency, veracity, completeness or timeliness. You are responsible for confirming the sufficiency and reliability of any third party services. You hereby release Fiscalsoft from any and all claims, demands, liability and damages, actual or consequential, of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such services or content. Please note that you may be subject to additional or different terms, conditions and privacy policies when you use third party services, content (as defined below), software or sites.
Disclaimer of Warranties
You expressly understand and agree that: your use of, and reliance upon any and all of the Web Sites, Services, or Content is at your sole risk and is made available on an “as is” and as “available” basis. Fiscalsoft makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness of the Web Sites, Services, or Content. FISCALSOFT EXPRESSLY DISCLAIMS, AND YOU UNEQUIVOCALLY RELEASE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Use of the Fiscalsoft Website
Unless specified otherwise, Fiscalsoft offers you access to the Web Sites solely for your personal and non-commercial uses. You agree to only access or use the Web Sites for legal purposes that are permitted by this Terms of Use. Among other things, you agree not to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works based upon, frame in another Web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Web Sites, including without limitation, engaging in the practices of “screen scraping”, “indexing”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information; such as the use of internet robot or spider software to extract data or content from the Web Sites, except with the express written permission of Fiscalsoft; (b) damage, disable, overburden or impair the Web Sites or interfere with any other party’s use or enjoyment of the Web Sites; (c) obtain or attempt to obtain any materials or information through any means not made readily accessible by Fiscalsoft through the Web Sites; and (d) access or attempt to access password protected, secure or non-public areas of the Web Sites, except with the express written permission of Fiscalsoft.
Password & Account Access
Fiscalsoft grants access to secured Content on the Web Sites through the use of passwords and user identification information. In these circumstances the user, or account owner, has access and control over the particular account. The account owner’s control is exercised through the use of passwords and therefore to maintain exclusive control, the account owner should not reveal the password to anyone and take accurate steps to ensure that the information is stored in a secure location.
Linking to Web Site
By creating a link to the Web Sites, you agree that: (a) you will not employ any technology that results in the placement of content from the Web Sites in a frame or a reduced pop-up window or any other display mechanism which changes the appearance of the Web Sites from how it would appear if a user typed the URL in a typical browser line; (b) your site will not display content or link to other websites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive; (c) you have duly registered your domain name and possess all rights necessary to use the same; and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Web Sites; (e) at the request of Fiscalsoft, you agree to immediately cease using the link at any time that Fiscalsoft so requests.
Fiscalsoft Limitation of Liability
IN NO EVENT SHALL FISCALSOFT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITES, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FISCALSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any services or content made available or obtained through the use of the Web Sites, and all other use of the Web Sites, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom. If you are dissatisfied with any portion of the Web Sites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Web Sites.
Revocation
You agree that Fiscalsoft may in its sole discretion and at any time terminate your access to and use of the Web Sites, or any part thereof, with or without notice. You further agree that use of the Web Sites and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, Fiscalsoft reserves the right, in its sole discretion, to modify or discontinue the Services or access to Content, or any portion thereof, with or without notice, and without liability to you.
Indemnification of Fiscalsoft by User
You agree to indemnify and hold Fiscalsoft, its third-party vendors, member medical specialty boards, corporate affiliates, directors, officers, employees and agents harmless from any and all claims and demands, including, but not limited to reasonable attorneys’ fees and litigation expenses, made by any third-party due to or arising out of any content, submitted, posted, or otherwise provided by you to the Web Sites or Fiscalsoft, or any breach by you or your affiliates, employees, agents and representatives of these terms of use.
Applicable Law
This Terms of Use is governed by the laws of the Commonwealth of Kentucky, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of federal or state courts sitting in the city of Lexington, Fayette County, Kentucky in all disputes arising out of or relating to accessing or using of the Web Sites. Access or use of the Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Jury Trial Waiver
In the event that any dispute arises between you and Fiscalsoft whether under the terms hereof or as a result of any action taken by Fiscalsoft or you as a result or consequence of your use of the Web Sites or any documents or materials you downloaded, viewed or referred to on the Web Sites, or by reason of any application, request for information or other contact between you or a representative of yours and Fiscalsoft or any representative of Fiscalsoft, you and Fiscalsoft expressly agree to waive and hereby waive any rights you each may have to a trial by jury of any and all issues arising in any action or proceeding between you and Fiscalsoft or their respective successors, representatives, or heirs.
Severability/Entire Agreement
If any provision of these Terms of Use are held to be illegal, invalid, or unenforceable under the present or future laws effective, such provision will be fully severable; this Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement; and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there will be added automatically as a part of these Terms of Use a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. Unless otherwise specified herein (or in any other definitive written agreement between you and Fiscalsoft), the Terms of Use constitutes the entire agreement between you and Fiscalsoft with respect to your access to and use of the Services and Content available on the Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fiscalsoft with respect to the Web Site.
