|
|
Terms and Conditions of Use Agreement
Your Agreement with CosMedic Laser Clinic to Terms and Conditions of Use
CosMedicLaserClinic.com web site use depends on your agreement to adhere to the
terms and conditions of use set forth in the following document.
Patient Client Terms and Conditions of Use Agreement
Your Agreement with CosMedic Laser Clinic to Terms and Conditions of Use
CosMedicLaserClinic.com web site use depends on your agreement to adhere to the
terms and conditions of use set forth in the following document.
Cookies
Our web site places small, temporary text files, known as cookies, on your
computer to help us in making our web site more personalized and efficient. We
use cookies to monitor your navigation within our web site and to monitor the
status of your session. We never use cookies to save your personal passwords.
These cookies expire at the end of each session on logout. None of our employees
will ever ask for a password.
Security
Your personal demographic and health data is stored and secured using
state-of-the-art technology. Connections to your data by CosMedicLaserClinic.com
and by your personal Provider's office are only possible using Secure Socket
Layer (SSL) technology. SSL technology provides sufficient means to maintain a
very high level of security for your personal health data, however no system is
unconditionally secure.
Encrypted Internal Communication
All internal communication between CosMedicLaserClinic.com and your personal
Health Care Provider's office, as well as your communications with your personal
Provider, are secured using high-level encryption technology via SSL. This level
of encryption effectively defeats unwanted intrusion into your private
communications between you and your personal Health Provider.
Access to Personal and Health Information
Your account with CosMedicLaserClinic.com is password protected. Access to your
personal and health information is limited to your personal Provider's office
and those individuals who "need to know" about you to better administer your
interactions with certain entities (e.g. insurance companies and other 3rd party
payers) and to certain individuals directly involved in your care. You may ask
your provider's office at any time to review the identity of those individuals
who have seen your online health information. No CosMedicLaserClinic employee
should access your personal or health information unless there is a problem with
an account that requires the attention of our technicians to address. Every
CosMedicLaserClinic employee signs a Privacy and Confidentiality Agreement.
Inappropriate access to a family member's health information is prohibited
unless it is to be reviewed by our Physicians and our Clinics staff in rendering
health care services or billing.
General Disclaimer
THE COSMEDICLASERCLINIC.COM WEB SITE IS PROVIDED ON AN "AS IS" BASIS AND YOUR
USE OF THE WEB SITE IS AT YOUR OWN RISK. COSMEDICLASERCLINIC.COM MAKES NO
WARRANTIES EITHER EXPLICIT OR IMPLICIT INCLUDING THE IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
COSMEDICLASERCLINIC.COM MAKES NO REPRESENTATION OR WARRANTY THAT ANY CONTENT
WILL BE ACCURATE, COMPLETE, OR TIMELY NOR DOES IT WARRANTY IT FOR ITS PROVIDER
CLIENT OFFICES. ALTHOUGH WE WILL STRIVE TO MAINTAIN HIGHEST TECHNOLOGICAL
STANDARDS, COSMEDICLASERCLINIC.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT
YOUR ACCESS OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, VIRUS FREE OR
UNCONDITIONALLY SECURE.
Medical Disclaimer
The CosMedicLaserClinic.com web site is not intended to substitute for medical
diagnosis / treatment or in lieu of consulting with a Provider or other health
care professional for medical diagnosis / treatment. CosMedicLaserClinic.com
does not practice medicine or dispense medical services and therefore does not
assume any liability for data contained within the application related to any
diagnosis or treatment. CosMedicLaserClinic.com assumes no liability for the
medical content of any site linked to its own.
Copyrights, Trademarks and Intellectual Property
All contents, processes and functions of the CosMedicLaserClinic.com web site
and applications, with the exception of your personal patient health
information, are copyrighted and protected under domestic and international
copyright laws. Trademarks and copyright materials of CosMedic Laser Clinic are
the sole property of the company and cannot be used without permission. All
intellectual property, software and code contained within the
CosMedicLaserClinic.com web site and its applications are the property of
CosMedicLaserClinic.com and cannot be used without permission.
Limitation of Liability
By agreeing to these Terms and Conditions of Use, you agree that the liability
of CosMedicLaserClinic.com, or its agents, if any, arising out of any legal
claim (whether in contract or tort) in connection with the use of the
CosMedicLaserClinic.com web site or its applications shall not exceed $100.
CosMedicLaserClinic.com shall not be liable for any direct, indirect,
consequential, punitive or incidental damages resulting from use or misuse by
you of the CosMedicLaserClinic.com web site or applications.
No Warranty
By accepting these Terms and Conditions of Use, you acknowledge that the service
and function found within the CosMedicLaserClinic.com web site are provided on
an "as is" basis and without warranty either express or implied. By accepting
these Terms and Conditions of Use you also acknowledge that your use of this web
site is at your own risk.
Termination of Agreement Resulting from Client Conduct
CosMedicLaserClinic.com reserves the right terminates services to a patient
client for breach of any part of this agreement or for cause, which shall be
considered misuse of the web site, or applications as described below. If
CosMedicLaserClinic.com should decide to terminate your use of the web site, we
will disable your password and notify your personal Provider by fax within 72
hours. Your personal Provider then has an obligation to establish an alternate
means of communication.
Any unlawful use or misuse of the web site or applications shall be grounds for
termination of this agreement. Misuse is exemplified by willful or otherwise
malicious interaction with your personal Provider's office, which jeopardizes
patient care or the ability of the Provider to care for the patient. An example
of such misuse is the sharing of passwords, which is prohibited.
CosMedicLaserClinic believes that it has a responsibility to its user client
community to maintain a high level of standards and is committed to enforcing
those standards.
Complete Agreement
You acknowledge that this document is complete and is the entire agreement.
Severability
The provisions of this agreement are severable and complete. In the event that
any provision is determined to be invalid or unenforceable, this will not affect
the validity of the remaining provisions.
Terms and Conditions of Use Agreement
This End-User License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and COSMEDICLASERCLINIC.COM INC. ("COSMEDICLASERCLINIC")
for use of the COSMEDICLASERCLINIC and HEALTHHIGHWAY software product identified
below on COSMEDIC LASER CLINIC's network of shared server computers connected to
the World-Wide-Web ("Web"), which includes "on-line" or electronic computer
software and documentation and may include computer software and associated
media and printed materials ("SOFTWARE PRODUCT" or "SOFTWARE"). By accessing or
otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this
EULA. If you do not agree to the terms of this EULA, you are not authorized to
use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The SOFTWARE
PRODUCT is licensed, not sold.
You acknowledge that you are required to obtain and provide your own:
--Computer and Operating System
--Internet Connection
--Telephone or DSL Line or Cable Modem (if required for Internet connection)
GRANT OF LICENSE
This EULA grants you the following rights:
--Term. This license shall be continuous, subject to the terms of this EULA.
--Access and Use. The SOFTWARE PRODUCT is intended to be used on-line in
conjunction with a hosting service. You will be provided with a single account
per license. You may access your single account and the SOFTWARE PRODUCT on
multiple computers. You must use the SOFTWARE PRODUCT in compliance with the
acceptable use policy published on-line by COSMEDICLASERCLINIC and with the
acceptable use policy of any other applicable network
--Backup copies. You may make copies of the images, text and your user-content
in SOFTWARE PRODUCT for backup and archival purposes. You are encouraged to make
regular backups of your user-content and Web pages.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Web-Based Software. The SOFTWARE PRODUCT represents a new generation of software
which is entirely Web-based. The SOFTWARE PRODUCT is resident on
COSMEDICLASERCLINIC's server computers. The SOFTWARE PRODUCT is accessed wholly
through your own Web browsing software over the Internet. COSMEDICLASERCLINIC
will provide you with an account number by e-mail to use to access the SOFTWARE
PRODUCT on the Web.
Upgrades. COSMEDICLASERCLINIC will provide normal and customary competitive
on-line upgrades to the SOFTWARE PRODUCT without additional charge.
COSMEDICLASERCLINIC is under no obligation to make any specific enhancements to
or customization of the SOFTWARE PRODUCT. COSMEDICLASERCLINIC reserves the right
to charge additional amounts for specific enhancements or custom features.
Connection. The SOFTWARE PRODUCT is accessed over the Internet but does not
include your particular connection to the Internet. You are responsible for
obtaining your own Internet service and connection to the Internet.
Computer and Web Browser. You will need a computer and operating system capable
of running Web browsing software to access the SOFTWARE PRODUCT. The SOFTWARE
PRODUCT does not include a computer, an operating system, or Web browsing
software. COSMEDICLASERCLINIC may, but will not be obligated to, make Web
browsing software available through its Web based software library. You may have
to update your Web browsing software from time to time in order to obtain the
maximum benefit of and access to the SOFTWARE PRODUCT. It is your own
responsibility to obtain, install, configure and update your Web browsing
software.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not
reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
Copyright Notices. You must maintain all copyright notices on all copies of the
SOFTWARE PRODUCT.
No Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third
parties.
Rental. Except as provided in the following "Software Transfer" section, you may
not rent, lease or lend the SOFTWARE PRODUCT.
Software Transfer. You may not transfer your rights under this EULA unless
COSMEDICLASERCLINIC agrees in advance in writing and the recipient agrees to the
terms of this EULA.
Termination. COSMEDICLASERCLINIC may terminate this EULA only if you fail to
comply with the terms.
COPYRIGHT
All title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof
are owned by COSMEDICLASERCLINIC or its suppliers. All title and intellectual
property rights in and to the content which may be accessed through use of the
SOFTWARE PRODUCT is the property of the respective content owner and may be
protected by applicable copyright or other intellectual property laws and
treaties. This EULA grants you no rights to use such content.
HOSTING SERVICES
This EULA may be made in conjunction with and End-User Hosting Service
Agreement. You must comply with the terms of the End-User Hosting Agreement.
COSMEDICLASERCLINIC reserves the right to discontinue hosting services at any
time pursuant to the terms of the End-User Hosting Service Agreement.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is COSMEDICLASERCLINIC Corporation / 300 South Harbor
Boulevard, Suite 700, Anaheim CA 92805.
EXPORT RESTRICTIONS
The SOFTWARE PRODUCT is intended for access only in the United States. Export
of the SOFTWARE PRODUCT from the United States is regulated under "EI controls"
of the Export Administration Regulations (EAR, 15 CFR 730-744) of the U.S.
Commerce Department, Bureau of Export Administration (BXA). A license is
required to export the SOFTWARE PRODUCT outside the United States. You agree
that you will not directly or indirectly, export or re-export the SOFTWARE
PRODUCT (or portions thereof) to any country or to any person, entity or end
user subject to U.S. export restrictions without first obtaining a Commerce
Department export license. You warrant and represent that neither the BXA nor
any other U.S. federal agency has suspended, revoked or denied your export
privileges.
NOTE ON JAVA SUPPORT
THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA
TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED
FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS
REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE
SUPPORT MACHINES, OR WEAPONS SYSTEMS, OR ON HEALTH CARE SERVICES WHICH IN WHICH
THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR
SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
WARRANTIES
COSMEDICLASERCLINIC expressly disclaims any warranty for the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT and any related documentation is provided "as is" without
any warranty of any kind, either express or implied, including, without
limitation, the implied warranties of merchantability, fitness for a particular
purpose, or no infringement. The entire risk arising out of use or performance
of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR DAMAGES.
In no event shall COSMEDICLASERCLINIC or its suppliers be liable for any damages
whatsoever (including, without limitation, damages for loss of business profits,
business interruption, loss of business information, or any other pecuniary
loss) arising out of the use of or inability to use this COSMEDICLASERCLINIC
product, even if COSMEDICLASERCLINIC has been advised of the possibility of such
damages. Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation may not apply to you.
MISCELLANEOUS
This EULA is governed by the laws of the State of California. Should you have
any questions concerning this EULA, or if you desire to contact
COSMEDICLASERCLINIC for any reason, please contact the COSMEDIC LASER CLINIC
Customer Information Department, 1113 S. Park Victoria Drive, Milpitas CA 95035.
I HAVE BEEN ADVISED AND I ACKNOWLEDGE THAT I NEED A COMPUTER AND OPERATING
SYSTEM CAPABLE OF RUNNING WEB BROWSING SOFTWARE TO ACCESS THE HOSTING SERVICE
AND THE SOFTWARE PRODUCT. I ACKNOWLEDGE THAT I MAY HAVE TO UPGRADE MY WEB
BROWSING SOFTWARE FROM TIME TO TIME IN ORDER TO RECEIVE THE MAXIMUM BENEFIT OF
AND ACCESS TO THE SOFTWARE PRODUCT. I FURTHER ACKNOWLEDGE THAT IT IS MY OWN
RESPONSIBILITY TO OBTAIN, INSTALL, CONFIGURE AND UPGRADE MY WEB BROWSING
SOFTWARE.
|
|
|
|
|
|
