EMRian Terms of Service

Important! Read the following terms carefully before installing, copying and/or using the EMRian service.

EMRian reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account.

Account Terms

1. 1. You must be 13 years or older to use this Service.
2. 2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. 3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. 4. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
5. 5. You are responsible for maintaining the security of your account and password. EMRian cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. 6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
7. 7. If you are using a free account you are not permitted to block ads.
8. 8. One person or legal entity may not maintain more than one free account.
9. 9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
10. 10. We reserve the right to change these terms and conditions without notice by posting the changes to our website.
11. 11. We or you may terminate your account and remove you from our database at any time for any reason.
12. 12. You have read our copyright notice and terms and conditions and you agree to them.
13. 13. Users acknowledge and agree that your information may be utilized by EMRian for internal purposes only. In accordance with EMRian privacy policy, we will not disclose your information to 3^rd parties.
14. 14. You agree to use our services at your own risk. Our services are provided on an "as is" and "as available" basis. You agree that you have made your own determination regarding the usefulness of the service. We disclaim all warranties including, but not limited to, warranties of merchantability and fitness for a particular purpose.
15. 15. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
16. 16. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any EMRian customer, employee, member, or officer will result in immediate account termination.
17. 17. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
18. 18. You must not transmit any worms or viruses or any code of a destructive nature.
19. 19. We are not liable for damages, direct or consequential, resulting from your use of the service, any failure to provide service, suspension of service, or termination of service. We do not guarantee the availability of the service. You agree not to hold us responsible for data loss or interruption of service of any kind. We will be though backing up your data and the logs daily and thus will transfer it to you in a format acceptable for you (CD, DVD or other).
20. 20. We retain ownership and all rights to EMRian logos, trademarks, software, trade secrets, databases, reports, and website.
21. 21. If this agreement is terminated by us or by you for any reason, you agree to remove our code, logos and trademarks from all of your websites and other items.
22. 22. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY THIRD-PARTY'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. OUR LIABILITY WILL NOT EXCEED THE PURCHASE PRICE OF THE SERVICES.
23. 23. Questions about the Terms of Service should be sent to support at EMRian.com.

Cancellation and Termination

1. 1. You are solely responsible for properly cancelling your account. You can send an email or phone request to cancel your account.
2. 2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
3. 3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. 4. EMRian in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other EMRian service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. EMRian reserves the right to refuse service to anyone for any reason at any time.

EMRian - Copyright Notice

1. 1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
2. 2. EMRian does not pre-screen Content, but EMRian and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. 3. The look and feel of the Service is Copyright 2007 Emrian. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from EMRian.
4. 4. You may print and download portions of material from the EMRian website. We retain ownership and all rights to EMRian logos, trademarks, software, trade secrets, databases, reports, and website.

You have read, understood and agree to be bound by this agreement. If this agreement is terminated by us or by you for any reason, you agree to remove our code, logos and trademarks from all of your websites and other items. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY THIRD-PARTY'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED. You also grant to EMRian the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against EMRian for any alleged or actual infringement or misappropriation of any proprietary right in your communications to EMRian.

EMRian Client Data Protection

Doctor - patient data is very important and very sensitive. We have implemented the following procedures to safeguard your data. We recognize this is your data and we will never disclose it to third parties without your written consent. We will:

1. Log all changes to your data base
2. We will make a back up copy of your data base once a week
3. We will keep these copies as long as you require
4. At your request we will restore the latest copy of the data and use the log file to bring your data up to any point in time you need