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These Terms of Service (this “Terms”) contains the terms and conditions that govern your access to and use of the Service Offerings (as defined below) that you or the entity you represent (“you”) have accept to proceed with. These Terms takes effect and you accept them when you 1) submit the Complaint (then you become the Patient); or 2) click an “I Accept the Terms of Service” button (then you become the Registered Medic). Herewith you represent that you are lawfully able to enter into usual contracts. If you are accepting these Terms for an entity, such as the company you work for, you represent that you have legal authority to bind that entity. Please see Section 14 for definitions of certain capitalized terms used in these Terms of Service.
1.1 Generally. You may access and use the Service Offerings in accordance with these Terms. Service Level Agreements may apply to certain Service Offerings. You will adhere to all laws, rules, and regulations applicable to your use of the Service Offerings according to definitions in Section 14.
1.2 Your Account. To access the Service(s) as Registered Medic, you must create an account associated with a valid e-mail address. Unless explicitly permitted by the Service Terms, you may only create one account per email address. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents) and we are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. On your request by email we may suspend or terminate your account at any time in accordance with Section 7.
1.3 Support to You. Generally we provide to users of the Service(s) the customer support sufficient for comfortable and effective work. If required, you might send us email. (See ‘Contact Us’ on the Service(s) web page)
1.4 Third Party Content. Third Party Content that might be used by users may be made available directly to you by other companies or individuals under separate terms and conditions, including separate fees and charges. Because we may not have tested or screened the Third Party Content, your use of any Third Party Content is at your sole risk.
2.1 To the Service Offerings. We may change, discontinue, or deprecate any of the Service Offerings (including the Service Offerings as a whole) or change or remove features or functionality of the Service Offerings from time to time. We will notify you of any material change to or discontinuation of the Service Offerings.
2.2 To the Service Level Agreements. We may change, discontinue or add Service Level Agreements from time to time in accordance with Section 12.
3.1 Service Security. Without limiting Section 10 or your obligations under Section 4.2, we will implement reasonable and appropriate measures designed to help you secure Your Content against accidental or unlawful loss, access or disclosure.
3.3 Service Attributes. To provide billing and administration services, we may process Service Attributes in the region(s) where the Service Offerings go. To provide you with support services and investigate fraud, abuse or violations of these Terms, we may process Service Attributes where we maintain our support and investigation personnel.
4.1 Your Content. You are solely responsible for the development, content, operation, maintenance, and use of Your Content.
For example, you are solely responsible for:
(a) the technical operation of Your Content;
(b) compliance of Your Content with the Acceptable Use Policy, the other Policies, and the law;
(c) any claims relating to Your Content; and
(d) properly handling and processing notices sent to you (or any of your affiliates) by any person claiming that Your Content violate such person’s rights, including notices pursuant to the Digital Millennium Copyright Act.
4.2 Other Security and Backup. You are responsible for properly configuring and using the Service Offerings and taking your own steps to maintain appropriate security, protection and backup of Your Content. The Service log-in credentials are for your internal use only, except that you may disclose your log-in credentials to your agents and subcontractors performing work on your behalf.
4.3 End User Violations. You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to these Terms, Your Content or use of the Service Offerings. You are responsible for End Users’ use of Your Content and the Service Offerings. You will ensure that all End Users comply with your obligations under these Terms. If you become aware of any violation of your obligations under these Terms by an End User, you will immediately terminate such End User’s access to Your Content and the Service Offerings.
4.4 End User Support. You are responsible for providing customer service (if any) to End Users. We do not provide any support or services to End Users unless we have a separate agreement with you or an End User obligating us to provide support or services.
5.1. Service Fees. The Service(s) usage is free of charge until special notice.
6.1 Generally. We may suspend your or any End User’s right to access or use any portion or all of the Service Offerings immediately
upon notice to you if we determine:
(a) your or an End User’s use of or registration for the Service Offerings
(i) poses a security risk to the Service Offerings or any third party,
(ii) may adversely impact the Service Offerings or the systems or Content of any other Service(s) customer,
(iii) may subject us, our affiliates, or any third party to liability, or
(iv) may be fraudulent;
(b) you are, or any End User is, in breach of these Terms.
6.2 Effect of Suspension. If we suspend your right to access or use any portion or all of the Service Offerings:
(a) we will not erase any of Your Content as a result of your suspension, except as specified elsewhere in these Terms.
Our right to suspend your or any End User’s right to access or use the Service Offerings is in addition pursuant to Section 7.2.
7.1. Term. The term of the Service(s) usage will commence on the Effective Date and will remain in effect until terminated by you or us in accordance with Section 7.2.
(a) Termination for Convenience. You may terminate the Service(s) usage for any reason by:
(i) providing us notice by email (see ‘Contact Us’ on the Service web page) and
(ii) closing your account for all Services for which we provide an account closing mechanism.
We may terminate the Service(s) usage for any reason by providing you 30 days advance notice.
(b) Termination for Cause.
(i) By Either Party. Either party may terminate the Service(s) usage for cause upon 30 days advance notice to the other party if there is any material default or breach of these Terms by the other party, unless the defaulting party has cured the material default or breach within the 30 day notice period.
(ii) By Us. We may also terminate the Service(s) usage immediately upon notice to you
(A) for cause, if any act or omission by you or any End User results in a suspension described in Section 6.1,
(B) if our relationship with a third party partner who provides software or other technology we use to provide the Service Offerings expires, terminates or requires us to change the way we provide the software or other technology as part of the Service(s),
(C) if we believe providing the Service(s) could create a substantial economic or technical burden or material security risk for us,
(D) in order to comply with the law or requests of governmental entities, or
(E) if we determine use of the Service Offerings by you or any End Users or our provision of any of the Service(s) to you or any End Users has become impractical or unfeasible for any legal or regulatory reason.
7.3. Effect of Termination.
(a) Generally. Upon any termination of the Service(s) usage:
(i) all your rights under these Terms immediately terminate;
(ii) you will immediately return or, if instructed by us, destroy all the Service(s) Content in your possession; and
(iii) Sections 4.1, 5.2, 7.3, 8 (except the license granted to you in Section 8.4), 9, 10, 11, 13 and 14 will continue to apply in accordance with their terms.
(b) Post-Termination Assistance. Unless we terminate your use of the Service Offerings pursuant to Section 7.2(b), during the 30 days following termination:
(i) we will not erase any of Your Content as a result of the termination;
(ii) you may retrieve Your Content from the Service(s) only under mutual agreement by you and us; and
(iii) we will provide you with the same post-termination data retrieval assistance that we generally make available to all customers.
Any additional post-termination assistance from us is subject to mutual agreement by you and us.
8.1 Your Content. As between you and us, you or your licensors own all right, title, and interest in and to Your Content. Except as provided in this Section 8, we obtain no rights under these Terms from you or your licensors to Your Content, including any related intellectual property rights. You consent to our use of Your Content to provide the Service Offerings to you and any End Users.
8.2 Your Submissions. Your Submissions will be governed by the terms of the Apache Software License, unless you specify one of our other supported licenses at the time you submit Your Submission.
8.3 Adequate Rights. You represent and warrant to us that:
(a) you or your licensors own all right, title, and interest in and to Your Content and Your Submissions;
(b) you have all rights in Your Content and Your Submissions necessary to grant the rights contemplated by these Terms; and
(c) none of Your Content, Your Submissions or End Users’ use of Your Content, Your Submissions or the Services Offerings will violate the Acceptable Use Policy.
8.4 Service Offerings License. As between you and us, we or our affiliates or licensors own and reserve all right, title,
and interest in and to the Service Offerings. We grant you a limited, revocable, non-exclusive, non-sublicensable,
non-transferrable license to do the following during the Term:
(i) access and use the Service(s) solely in accordance with these Terms; and
(ii) copy and use the Service(s) Content solely in connection with your permitted use of the Service(s).
Except as provided in this Section 8.4, you obtain no rights under these Terms from us or our licensors to the Service Offerings, including any related intellectual property rights. Some Service(s) Content may be provided to you under a separate license, such as the Apache Software License or other open source license. In the event of a conflict between these Terms and any separate license, the separate license will prevail with respect to that Service(s) Content.
8.5 License Restrictions. Neither you nor any End User may use the Service Offerings in any manner or for any purpose
other than as expressly permitted by these Terms. Neither you nor any End User may, or may attempt to,
(a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Service Offerings,
(b) reverse engineer, disassemble, or decompile the Service Offerings or apply any other process or procedure to derive the source code of any software included in the Service Offerings,
(c) access or use the Service Offerings in a way intended to avoid incurring fees (if any) or exceeding usage limits or quotas, or
(d) resell or sublicense the Service Offerings.
All licenses granted to you in these Terms are conditional on your continued compliance these Terms, and will immediately and automatically terminate if you do not comply with any term or condition of these Terms. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Service Offerings you have used. You may only use the Service(s) Marks in accordance with the Trademark Use Guidelines.
8.6 Suggestions. If you provide any Suggestions to us or our affiliates, we will own all right, title, and interest in and to the Suggestions, even if you have designated the Suggestions as confidential. We and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Suggestions.
9.1. General. You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their
respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities,
costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning:
(a) your or any End Users’ use of the Service Offerings (including any activities under your Service(s) account and use by your employees and personnel);
(b) breach of these Terms or violation of applicable law by you or any End User;
(c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content; or
(d) a dispute between you and any End User.
If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
9.2. Process. We will promptly notify you of any claim subject to Section 9.1, but our failure to promptly notify you
will only affect your obligations under Section 9.1 to the extent that our failure prejudices your ability to defend the claim.
(a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and
(b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement.
We may also assume control of the defense and settlement of the claim at any time.
THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE
FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH:
(A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY
(I) TERMINATION OR SUSPENSION OF THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS,
(II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR,
(III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
(C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR
(D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA.
IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THESE TERMS FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 3 MONTHS PRECEDING THE CLAIM.
We may modify these Terms (including any Policies) at any time by posting a revised version on the Service(s) Site or by otherwise notifying you in accordance with Section 13.7; provided, however, that we will provide at least 90 days advance notice in accordance with Section 13.7 for adverse changes to any Service Level Agreement. Subject to the 90-day advance notice requirement with respect to adverse changes to Service Level Agreements, the modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Service Offerings after the Effective Date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the Service(s) Site regularly for modifications to these Terms. We last modified these Terms on the date listed at the end of these Terms.
13.1 Confidentiality and Publicity. You may use Service(s) Confidential information only in connection with your use of the Service Offerings as permitted under these Terms. You will not disclose Service(s) Confidential Information during the Term or at any time during the 5 year period following the end of the Term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Service(s) Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by these Terms.
13.2 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
13.3 Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and neither party,
nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
Both parties reserve the right
(a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party and
(b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.
13.4 No Third Party Beneficiaries. These Terms does not create any third party beneficiary rights in any individual or entity.
(a) To You. We may provide any notice to you under these Terms by:
(i) posting a notice on the Service(s) Site; or
(ii) sending a message to the email address then associated with your account.
Notices we provide by posting on the Service(s) Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
(b) To Us. To give us notice under these Terms, you must contact us using ‘Contact Us’ on the Service(s) Site. We may update the contacts for notices to us by posting a notice on the Service(s) Site.
(c) Language. All communications and notices to be made or given pursuant to these Terms must be in the Service(s) working languages (English / Russian / Ukrainian languages as of current day).
13.6 Assignment. You will not assign these Terms, or delegate or sublicense any of your rights under these Terms, without our prior written consent. Any assignment or transfer in violation of this Section 13.6 will be void. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
13.7 No Waivers. The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
13.8 Severability. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms but the rest of these Terms will remain in full force and effect.
13.9 Governing Law; Venue. The laws of Ukraine, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between you and us.
“Acceptable Use Policy” means the following policy, as it may be updated by us from time to time:
- No Illegal, Harmful, or Offensive Use or Content;
- No Security Violations;
- No Network Abuse;
- No E-Mail or Other Message Abuse.
“Account Information” means information about you that you provide to us in connection with the creation or administration of your Service(s) account. For example, Account Information includes names, email and postal addresses, and geolocation data (latitude, longitude). Account Information does not include Your Content.
“Patient” means individual, human team, entrepreneur or entity that accepted these Terms and has submitted the Complaint to the Service web site www.301.in.ua .
“Content” means software (including machine images), data, text, audio, video, or images.
“Documentation” means the getting started guides, and other technical and operations manuals and specifications for the Service(s) located at www.301.in.ua , as such documentation may be updated by us from time to time.
“Effective Date” means the date when you accepted these Terms or these Terms have been published on the Service web site www.301.in.ua after any modifications to these Terms.
“End User” means any individual or entity that directly or indirectly through another user:
(a) accesses or uses Your Content; or
(b) otherwise accesses or uses the Service Offerings under your account.
The term “End User” does not include individuals or entities when they are accessing or using the Services or any Content under their own Service(s) account, rather than your account.
“Complaint” means application that individual, human team, entrepreneur or entity has submitted to the Service web site www.301.in.ua .
“Policies” means the Acceptable Use Policy, the Site Terms, the Service Terms, the Trademark Use Guidelines, all restrictions described in the Service(s) Content and on the Service(s) Site, and any other policy or terms referenced in or incorporated into these Terms.
- We know that you care how your information is used and shared, and we appreciate your trust that we will do so carefully and sensibly.
- We use best practices and best corporate-grade functionality and cloud hosting to receive, handle and persist Service(s) Content, Account Information, and Your Content.
- We will not disclose, move, access or use Account Information and Your Content except as provided in these Terms.
“Registered Medic” means individual, human team, entrepreneur or entity that accepted these Terms and completed the registration procedure on the Service web site www.301.in.ua .
“Service(s)” means each of the web services made available by us or our affiliates, including those web services described in these Terms of Service.
“Service Attributes” means Service usage data related to your account.
“Service(s) Confidential Information” means all nonpublic information disclosed by us, our affiliates,
business partners or our or their respective employees, contractors or agents that is designated as confidential
or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood
to be confidential. Service(s) Confidential Information includes:
(a) nonpublic information relating to our or our affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs;
(b) third-party information that we are obligated to keep confidential; and
(c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. Service(s) Confidential Information does not include any information that:
(i) is or becomes publicly available without breach of these Terms;
(ii) can be shown by documentation to have been known to you at the time of your receipt from us;
(iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or
(iv) can be shown by documentation to have been independently developed by you without reference to the Service(s) Confidential Information.
“Service(s) Content” means Content we make available in connection with the Service(s) or on the Service(s) Site to allow access to and use of the Service(s), including Documentation; Help & FAQ; and other related technology.
“Service Level Agreement” means all service level agreements that we offer with respect to the Service(s) and post on the Service(s) Site, as they may be updated by us from time to time.
“Service(s) Marks” means any trademarks, service marks, service or trade names, logos, and other designations that we may make available to you in connection with these Terms.
“Service Offerings” means the Service(s), the Service(s) Content, the Service(s) Marks, the Service(s) Site, and any other product or service provided by us under these Terms. Service Offerings do not include Third Party Content.
“Service(s) Site” means www.301.in.ua and any successor or related site designated by us.
“Service(s) Support Guidelines” means the guidelines available for you as email from us or posted to Service(s) site, as they may be updated by us from time to time.
“Service Terms” means the rights and restrictions for particular Service(s), as they may be updated by us from time to time.
All content (except Account Information and Your Content) included on the Service(s) Site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of 301 Team or its content suppliers and protected by Ukraine and international copyright laws. The compilation of all content (except Account Information and Your Content) on the Service(s) Site is the exclusive property of 301 Team and protected by Ukraine and international copyright laws. All software used on the Service(s) Site is the property of 301 Team or its software suppliers and protected by Ukraine and international copyright laws. Please email all requests concerning copyright issues to firstname.lastname@example.org.
“Suggestions” means all suggested improvements to the Service Offerings that you provide to us.
“Term” means the term of these Terms described in Section 7.1.
“Third Party Content” means Content made available to you by any third party on the Service(s) Site or in conjunction with the Service(s).
“Trademark Use Guidelines” means the guidelines and license located at www.301.in.ua , as they may be updated by us from time to time.
“Your Content” means Content that you or any End User transfers to us for processing, storage or hosting by the Service(s) in connection with your Service(s) account and any computational results that you or any End User derive from the foregoing through their use of the Service(s). For example, Your Content includes Content that you or any End User stores in Service(s). Your Content does not include Account Information.
“Your Submissions” means Content that you email or otherwise submit to us concerning the Service(s).
Last updated March 22, 2017
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