Emergent Health Care Solutions, LLC (“Emergent,” “we,” “us,” or “our”) is an Oregon limited liability company. Emergent owns and operates the website: https://www.emergent.tech (“Site”). You can find more information about Emergent on the Site.
These Terms of Use (“Terms”) apply to visitors to our Site and set out the rules through which visitors (“you” or “your”) may interact with the Site.
Use of any Emergent product or service offerings, including our cloud-based product modules and our iOS Apps (“Emergent Products”) is governed by the agreements entered into directly with our customers and not these Terms.
1. Acceptance
By accessing or using our Site you are agreeing to these Terms. If you do not agree with these Terms, you should not use, and are not permitted to use, our Site.
2. Changes to Terms of Use
We encourage you to review these Terms from time to time. We reserve the right at any time to change any portion of these Terms. If we change these Terms, we will post an updated version with a new effective date. The posting of the amended Terms is your notice of that change. By continuing to access and use our Site after updated Terms are posted, you agree to abide by the updated Terms. In the event you do not consent to the terms of the updated Terms, you must discontinue use of our Site.
3. Authorized Users; User Submissions
Access or use of our Site by anyone under the age of eighteen (18) is strictly prohibited.
The Site allows you to submit material, documents or other content (“Submissions”) to us. Regarding the Submissions, you: (a) represent that you have obtained all necessary permissions and authorizations in advance of making the submission; and (b) you hereby grant to us a non-exclusive, worldwide license to use any Submissions. Do not make any Submissions unless you have obtained all necessary permissions and authorizations.
4. Limitations on Use
While using the Site, you may not perform any actions which could interfere with or otherwise adversely affect the proper functioning of the Site. If you are accessing our Site on behalf of a company, government agency, or other legal entity, you are nevertheless individually bound by the Terms even if your company or agency has a separate agreement with Emergent.
Without limiting the generality of the foregoing, you may not: (a) use any robot, spider, scraper or other automated means to access our Site for any purpose without prior express written permission from Emergent; (b) take any action that imposes, or may impose, in Emergent’s sole discretion, an unreasonable or disproportionately large load on Emergent’s infrastructure; (c) bypass any measures Emergent may use to prevent or restrict access to the Site; or (d) use the Site to send altered, deceptive, or falsely-sourced information, including without limitation by forging headers or manipulating identifiers.
Emergent has the right, in its sole discretion, to change, modify or discontinue any page, feature or other component or element of the Site at any time, and for any reason, with or without prior notice to you. Emergent reserves the right to restrict your access to some or all of the Site at any time for any reason with or without prior notice to you. You agree that the Terms will apply to any upgrades, changes, or modifications to our Site.
Unauthorized or prohibited use of our Site may subject you to civil liability and criminal prosecution under applicable federal and state laws.
5. Provision of the Site
Emergent has no responsibility to provide you access to the Site. Emergent reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Site or any part thereof, with or without notice. You acknowledge and agree that Emergent shall not be liable to you for any modification, suspension or discontinuance of the Site.
Further, Emergent shall not be liable to you for any loss or liability resulting, directly or indirectly, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, government orders, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.
6. Third Party Websites
Our Site may contain links to third-party websites, software, content, or services (“Third Party Websites”) that are not owned or controlled by Emergent. Emergent has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Websites. In addition, Emergent will not and cannot censor or edit the content of any Third Party Website.
7. Emergent Intellectual Property Rights
Our Site, including without limitation, all software code, site architecture and design, interactive features and appearance thereof (“Site IP”), all our trademarks, service marks, and trade names used in connection with our Site (the “Marks”) and all text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable elements of the Site, and the selection and arrangements thereof (“Content” and collectively with Site IP and Marks, “Emergent IP”) are the property of Emergent and/or its assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, and other intellectual property rights laws. You may not make any use of the Emergent IP, without the express prior written consent of Emergent.
You agree not to: (a) sell, resell, lease or the functional equivalent thereof, access to the Site, or Emergent IP to a third party; (b) attempt to reverse engineer the Site or any component thereof; or (c) attempt to create a substitute or similar service through the use of, or access to, the Site.
YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OF USE SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, OR OTHER PROPRIETARY RIGHTS IN THE EMERGENT IP OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY. You undertake not to take any action which could be considered inconsistent with or which is likely in any way to prejudice such ownership rights.
8. Warranty Disclaimer
YOUR USE OF OUR SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” EMERGENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES REGARDING: (a) INFORMATION, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE SITE; OR (b) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMERGENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
EMERGENT HAS NO RESPONSIBILITY OR LIABILITY FOR: (a) LOSS OR DELETION OF, OR FAILURE TO RECEIVE, PROCESS, OR STORE ANY USER CONTENT OR OTHER INFORMATION MAINTAINED ON OR TRANSMITTED USING THE SITE; (b) VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY; OR (c) THE ACTIONS OF ANY THIRD PARTY.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN ALL CASES, EMERGENT’S LIABILITY TO YOU, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR A BREACH OF EMERGENT’S OBLIGATIONS UNDER THESE TERMS OF USE OR FOR NEGLIGENCE, SHALL BE LIMITED TO $50.00 AS THE SOLE AND EXCLUSIVE REMEDY. TO THE FULLEST EXTENT PERMITTED BY LAW, EMERGENT, ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR ANY REASON, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnity
You agree to indemnify, defend, and hold harmless, Emergent, its suppliers, content providers, licensors, and their respective officers, directors, shareholders, employees, representatives, contractors and agents from any and all claims and damages (including, without limitation, attorneys’ fees, expert witness fees, and court costs) arising from or relating to any allegation regarding your use of the Site or any violation of these Terms.
11. Privacy
We maintain a website privacy policy, which is available at https://www.emergent.tech/privacy-policy, and which is incorporated herein by reference. The privacy policy describes the personal information that we may collect from you, the purposes for which we may use it, when and how we disclose it to third parties, and your rights with respect to your personal information.
12. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Emergent without restriction.
13. Governing Law; Dispute Resolution
By accessing the Site and the Services, you agree that the laws of the State of Oregon, without regard to its conflict of law provisions, will govern the Terms and any dispute that may arise between you and us. In addition, you agree to submit to the personal and exclusive jurisdiction of the courts located in Lane County in the State of Oregon.
We will attempt to work with you in good faith to resolve any dispute that may arise between you and Emergent in connection with your use of the Site or the validity and scope of these Terms. If, however, a dispute cannot be resolved promptly, you agree that it shall be resolved exclusively by binding arbitration in Eugene, Oregon. Any arbitration proceeding hereunder will be governed by the provisions of ORS 36.600, et seq., as amended from time to time. The arbitrator will be one mutually selected by the parties or, if they cannot agree within ten days after the service of a notice of arbitration by the aggrieved party upon the other, an arbitrator will be selected by the Circuit Court in Lane County as provided in ORS 36.645 (Appointment of Arbitrator). The parties waive any right they may have to a jury trial, and further waive any right to initiate any action in state or federal court prior to appointment of an arbitrator and the arbitrator’s authorization to act except for the limited purpose of: (a) compelling arbitration after a party has refused to accept a request to arbitrate; (b) compelling selection of an arbitrator as provided in ORS 36.645; and (c) obtaining provisional relief as provided in ORS 36.630 (Provisional Remedies).
14. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Emergent as a result of these Terms or use of our Site.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the extent that the remaining provisions can be substantially applied within the original intent of these Terms taken as a whole. Any court holding a provision to be invalid, illegal, or unenforceable shall not render the offending provision void or unenforceable, but instead shall modify the provision to the minimum extent necessary to make the provision valid, legal, and enforceable.
Emergent’s failure to act with respect to a breach of these Terms by you or others does not waive its right to act with respect to subsequent or similar breaches.
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
In the event of the termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Emergent IP, the limitation on liability, indemnity, and all other provisions for which survival is equitable or appropriate.
These Terms are the entire agreement between you and Emergent regarding the subject matter herein, and supersede any prior understandings or agreements, written or oral.
15. How to Contact Emergent
Mail:
Emergent Health Care Solutions, LLC
910 Shelley Street
Springfield, OR 97477
E-mail:
support@emergent.tech
Last updated on November 14th, 2024
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