PLEASE READ THIS AGREEMENT CAREFULLY
By indicating your acceptance below or by accessing or using MedAbbrev.com or other InnoviHealth Systems Inc (“InnoviHealth”) software products (the “Software”) on InnoviHealth websites (the "Website"), YOU INDICATE YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with these terms, then do not purchase or use the Software. You are referred to below as "Client" if you are purchasing access or licenses to the Software. If you are accessing the Software on behalf of the Client, then you are referred to as the “User”.
- LICENSE. InnoviHealth grants to Client and Clients Users a nonexclusive, nontransferable license to access and use the Software for Client's internal, lawful use, and to the extent Client has paid the applicable fees for such access and use. The Software contains data sets from InnoviHealth and third-party licensors, and such data sets are included in the definition of "Software". InnoviHealth is the sole and exclusive owner of the Software and/or has been licensed to distribute the Software or portions of it. Client acquires no right to the Software or to the information and data contained in the Software, except the nonexclusive right to use such information and data solely for Client's own internal purposes, in accordance with this Agreement. Client shall have no right to allow any person or entity that is not an employee, contractor, or consultant of Client to access the Services, directly or indirectly in any way, and Client must ensure that anyone with access to the Software through Client will comply with the provisions of this Agreement. Client shall not publish, translate or transfer possession of the Software.
- FEE CALCULATIONS. The pricing unless otherwise indicated for this License is based on use of the Software by the number of User’s Licenses Client purchases for an annual period of time. If Client needs additional Users, Client will pay InnoviHealth the applicable additional fees.
- ACCESS. The above Fees will allow a maximum number of Users to be able to access the Software simultaneously (“Concurrent Users”). The Software will limit access by Clients Users to the amount of Concurrent User Licenses Client has purchased. Certain Users may be given Administration access which requires them to set up and maintain a User Name and Password. Client and Users may NOT use the Software on any public computer-based medical information system, or in any public electronic bulletin board, or translate, decompile, or disassemble the Software, or create any derivative work based on the Software or the accompanying documentation.
- USER ID AND SECURITY. “Administration Users” shall provide Client’s Users access to the Software on the Website by maintaining Client-approved IP addresses within the Clients account profile, maintaining an appropriate Concurrent User License, and maintaining the optional Do Not Use List, and the Regional/Organizational List. Administration Users agree to maintain strict security procedures to prevent unauthorized use or disclosure of Administration Users ID’s and to protect the Website from improper access. Administration Users ID’s are personal to the Administration Users only. All fees incurred by persons to whom Client has given an Administration Users ID to shall be Client's sole responsibility.
- DO NOT USE LIST. If Clients facility has formulated a list of abbreviations which Client believes should not be used, Client has the option of adding this list, or a URL link to this list to the Clients account profile for all of Clients Users to view.
- REGIONAL AND/OR ORGANIZATIONAL LIST. If Clients facility has formulated a list of regional or organizational abbreviations which are not present in the Software, Client has the option of adding this list, or a URL link to this list to the Clients account profile for all of Clients Users to view.
- ACCURACY AND ERRORS. Hereafter, unless otherwise stated, the use of the term Client will also include the Clients Users.
The Software is provided as a research and reference tool in connection with medical abbreviations and other medically related material. Client must exercise care in that the meaning shown on the Website for a particular term or abbreviation, may not be the meaning intended by the writer of the medical abbreviation in question. Client acknowledges and agrees that the Client assumes all responsibility for the risk arising from Clients access to and use of the contents of the Software.
- LIMITED WARRANTY. InnoviHealth expressly disclaims all warranties, express or implied, including the implied warranties of merchantability and of fitness for a particular purpose. InnoviHealth warrants that the Software will perform in accordance with the user documentation for it on the Website. To the extent that the Software contains information InnoviHealth has received from third parties, InnoviHealth warrants only that the Software contains an accurate copy of the information that was delivered to InnoviHealth.
- LIMITATION OF DAMAGES. InnoviHealth assumes no liability for any alleged or actual damages resulting from the misinterpretation of any medical abbreviation, term, or condition in reliance upon the Software or the contents thereof. InnoviHealth is not responsible or liable for any actions taken by Client as a result of Client's use of the Software, or for any error, inaccuracy, or omission in any report or analysis Client prepares in connection with or through use of the Software, or for any damage resulting from such use. Each party's liability to the other party for direct damages arising out of this Agreement shall not exceed the amount Client has paid or owes InnoviHealth under this Agreement in the year in which the cause of action arose. Under no circumstances will either party or InnoviHealth's licensors be responsible under this Agreement for any indirect, incidental, special or consequential damages resulting from either party's performance or failure to perform under this Agreement, including, without limitation, the use of or inability to use the Services, any damage to equipment and any cost of recovering lost data or of reprogramming. InnoviHealth does not warrant that the Software will meet Client's requirements or that the operation of the Website will be uninterrupted or without error.
- COPYRIGHT AND CONFIDENTIALITY. Client acknowledges that the Software, the process and technologies included therein, as well as any other information or materials made available to Client by InnoviHealth through the Website are valuable assets, trade secrets, and/or copyrighted material of InnoviHealth or InnoviHealth's licensors and that InnoviHealth and its licensors retain title to them. Under no circumstances may Client copy the Software or the accompanying documentation for the purposes of distribution to others, nor may Client remove the copyright notices on the Software or the accompanying documentation. Client agrees not to decompile, reverse engineer, or otherwise attempt to discover the source code of the Software.
- TERMINATION FOR BREACH. InnoviHealth may terminate Client's access to the Software at any time if InnoviHealth reasonably believes that Client is in violation of this Agreement. This Agreement shall automatically terminate if Client fails to comply with any provision of this Agreement.
- COOKIES. InnoviHealth may employ use of a "cookie" that collects traffic data to store temporary settings information on Users computers to facilitate more efficient use of the Software.
- BILLABLE SERVICES. Customization request to support advanced reporting requests or new features will be provided at InnoviHealth's current hourly rates, but may be waived at InnoviHealth’s discretion. Client will be invoiced for such charges, as incurred, and will pay half of the invoice to begin the work, and the remainder within thirty (30) days of the service being completed.
- THIRD PARTY SOFTWARE AGREEMENTS. This Software may contain third-party software, data, and/or tools, that if included by the Client in Clients Subscription will require the Client to agree to that third party’s user agreements. These agreements will be displayed at time of checkout and will require the Clients agreement to proceed with that purchase selection.
- PAYMENT OF SUBSCRIPTION SERVICES.
- Refunds. For Annual subscription accounts, the Client has 30 days from the Software account being activated to cancel the account to receive a refund, if payment for Software was supplied. No refunds will be allowed after the Client has exceeded 30 days from Software account activation.
- Annual subscriptions will be renewed automatically on the anniversary date of when the subscription was first activated for additional one (1) year terms unless Client terminates the subscription. Annual subscriptions can be paid for by credit card, check, wire transfers, ACH, or other industry standard payment methods currently approved by InnoviHealth.
- Annual subscriptions approved to pay by methods other than by credit cards, have no more than 30 days from the purchase, subscription, and/or renewal date to remit funds. If funds are not received within 30 days, the account and/or product may be removed or canceled, or a late fee of 1% per month (12% annually) or $25.00 per month (whichever is greater) will be applied to the account.
- Accounts that pay by a check or other similar payment methods, in which the check bounces, or payment doesn’t clear, will have their accounts immediately canceled and a fee of $40.00 applied to their account. The account will be reinstated once all applicable fees and outstanding balances are brought current by payment with a credit card, ACH payment, or wire transfer.
- Clients with Annual subscriptions who cancel a product, or their account, will have access to those products and accounts until the end of that current subscription period. No refunds will be issued even if the Client discontinues using the Software before the end of the subscription period.
- Account Cancelation. It is solely up to the Client to cancel the Clients account when and if the Client no longer wishes to continue to use the Software. InnoviHealth will not under any circumstances, except for those already listed in this Subscription Agreement, deactivate a User’s access or a Clients account without specifically being instructed to do so by the Client. A cancel account button is available to the Client in account administration. If a Client wishes to cancel their account by any other method of communication, it is up to the Client to make sure that InnoviHealth receives that communication and that the Clients account is canceled accordingly. InnoviHealth is under no obligation to refund any subscription payments because Client failed to properly cancel their subscription.
- GOVERNING LAW. This Agreement is governed by the laws of the State of Utah and applicable federal law.
- ACCEPTANCE OF TERMS. The person choosing to indicate acceptance of this Agreement represents that they are acting on behalf of Client, and that they have the authority to bind Client. Terms of a purchase order or other ordering or shipping document do not modify, amend, or add to the terms of this Agreement, and shall have no effect. In the event that a provision of this Agreement is determined to violate any law or is unenforceable, the remainder of the Agreement shall remain in full force and effect. Except as otherwise required by law, we may in our sole discretion change the terms of this Agreement from time to time. This may include adding new or different terms, or removing terms from this Agreement. When changes are made we will update this Agreement on the Website. The Website will be updated on or before the effective date of the revised Agreement, unless an immediate change is necessary as required by law or to maintain the security of the Website or for other legal reasons. You will be notified if we revise, modify or otherwise update this Agreement. Your use of MedAbbrev.com after the effective date of the new version of this Agreement will constitute your acceptance of the new version of this Agreement.
Updated September 1, 2023
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