Effective Date: April 2005
Last Update: December 1, 2017
1. THIS IS AN AGREEMENT BETWEEN YOU AND WHITECOAT CLIPBOARD
This is an agreement ("Agreement") between you and WhiteCoat Clipboard. This Agreement governs your use of any Web pages or Web site operated by WhiteCoat Clipboard (each, a "WhiteCoat Clipboard Web Site," and collectively, the "WhiteCoat Clipboard Web Sites" or "WhiteCoat Clipboard Web Pages"). WhiteCoat Clipboard offers the WhiteCoat Clipboard Web Site to you conditioned on your acceptance on this Agreement without modification. Your use of the WhiteCoat Clipboard Web Sites constitutes your acceptance of this agreement.
2. WHITECOAT CLIPBOARD MAY MODIFY THIS AGREEMENT
WhiteCoat Clipboard reserves the right to change the terms, conditions, and notices under which it offers the WhiteCoat Clipboard Web Site, including any changes to charges associated with product purchase. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any WhiteCoat Clipboard Web Pages. Your continued use of the WhiteCoat Clipboard Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
If any terms contained in this Agreement conflict with any terms contained within the WhiteCoat Clipboard Web Site, then the terms in this Agreement supersede.
4. NO UNLAWFUL OR HARMFUL USE OF THE WHITECOAT CLIPBOARD WEB SITE
You will not use the WhiteCoat Clipboard Web Site or any of the WhiteCoat Clipboard Web Pages for personal gain purposes. You will not use the WhiteCoat Clipboard Web Site in any way that is unlawful, or harms WhiteCoat Clipboard, its affiliates, resellers, distributors, service providers and/or suppliers, or any customer of WhiteCoat Clipboard; as determined in WhiteCoat Clipboard's sole discretion. WhiteCoat Clipboard may inform you about certain specific harmful uses in a code of conduct or other notices available through the WhiteCoat Clipboard Web Site, but has no obligation to do so. You may not use the WhiteCoat Clipboard Web Site in any way that breaches any code of conduct, policy or other notice applicable to the WhiteCoat Clipboard Web Site. Without limiting the generality of this section, you may not use the WhiteCoat Clipboard Web Site in any manner that could damage, disable, overburden, or impair any WhiteCoat Clipboard Web Pages (or the network(s) connected to any WhiteCoat Clipboard Web Pages) or interfere with any other party's use of the WhiteCoat Clipboard Web Site.
5. MATERIALS YOU PROVIDE
For materials you provide to WhiteCoat Clipboard related to the WhiteCoat Clipboard Web Site, you grant WhiteCoat Clipboard permission to (1) use, copy, transmit, reproduce, edit, modify, translate and reformat your information, each in connection with the WhiteCoat Clipboard Web Site, and (2) maintain these rights, to the maximum extent permitted by applicable law. WhiteCoat Clipboard will not pay you for your information. WhiteCoat Clipboard may remove your information from the WhiteCoat Clipboard web database at any time. For any information you provide WhiteCoat Clipboard, you state with the acceptance of this Agreement that you have all rights necessary to make the grants and permission to provide such information. To the maximum extent permitted by applicable law, WhiteCoat Clipboard may disclose any information in the event it has a good faith reason to believe that a crime has been committed in association with credit card purchases, fraud investigations, and any police action requiring personal data retrieval from WhiteCoat Clipboard. Your Agreement with these terms ensures your compliance with protecting the rights, property, and interests of WhiteCoat Clipboard and any customer of WhiteCoat Clipboard.
6. INFORMATION AVAILABLE FROM THE WHITECOAT CLIPBOARD WEB SITE
WhiteCoat Clipboard and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the WhiteCoat Clipboard Web Site, even if such information appears in any e-mail from WhiteCoat Clipboard or on the WhiteCoat Clipboard Web Site Pages. WhiteCoat Clipboard and its suppliers do not authorize the use of information available from the WhiteCoat Clipboard Web Site including personal data from customers for any purpose other than identification of customers, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Nothing contained in the WhiteCoat Clipboard Web Site is intended to constitute professional advice including, but not limited to, medical treatment.
7. WHITECOAT CLIPBOARD MAKES NO WARRANTY
WhiteCoat Clipboard provides the WhiteCoat Clipboard Web Site "as is," "with all faults," and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, WhiteCoat Clipboard makes no representations, warranties or conditions, express or implied. WhiteCoat Clipboard disclaims any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, accuracy, title, no encumbrances, no liens and non-infringement, (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions that access to or use of the WhiteCoat Clipboard Web Site will be uninterrupted or error-free. There are no warranties that extend beyond the face of this agreement.
8. LIABILITY LIMITATION
In no event will any WhiteCoat Clipboard company be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the WhiteCoat Clipboard Web Site, even if WhiteCoat Clipboard has been advised of the possibility of such damages. Limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the WhiteCoat Clipboard Web Site, you do not agree with any part of this agreement, or you have any other dispute or claim with or against WhiteCoat Clipboard with respect to this Agreement or the WhiteCoat Clipboard Web Site, then your sole and exclusive remedy is to discontinue using the WhiteCoat Clipboard Web Site.
9. CHANGES TO THE WHITECOAT CLIPBOARD WEB SITES; ADDITIONAL LIABILITY LIMITATION
WHITECOAT CLIPBOARD MAY CHANGE THE WHITECOAT CLIPBOARD WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the WhiteCoat Clipboard Web Site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by WhiteCoat Clipboard and persons other than WhiteCoat Clipboard (any such person is referred to as a "Third Party"). You acknowledge and agree that WhiteCoat Clipboard is not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, threatening, or illegal content, or (2) any third party conduct, transmissions or data. In addition, you acknowledge and agree that WhiteCoat Clipboard is not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of the WhiteCoat Clipboard Web Site, (2) any incompatibility between the WhiteCoat Clipboard Web Site and other web sites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the WhiteCoat Clipboard Web Site in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties though links contained on the WhiteCoat Clipboard Web Site. The limitations, exclusions and disclaimers in sections 7, 8 and 9 of this agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.
10. TERMINATION; ACCESS RESTRICTION
WhiteCoat Clipboard may terminate this Agreement, or terminate or suspend your access to the WhiteCoat Clipboard Web Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the WhiteCoat Clipboard Web Site will immediately cease. Upon such termination or suspension, any information you have stored on the WhiteCoat Clipboard web site may not be retrieved later.
11. INTERPRETING THE AGREEMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. WhiteCoat Clipboard may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the WhiteCoat Clipboard Web Site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and WhiteCoat Clipboard with respect to the WhiteCoat Clipboard Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and WhiteCoat Clipboard with respect to the WhiteCoat Clipboard Web Site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
12. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the WhiteCoat Clipboard Web Site are Copyright 2005-2016 WhiteCoat Clipboard and/or its suppliers, 7160 Irving Street, Westminster, Colorado 80030 U.S.A. All rights reserved. WhiteCoat Clipboard, and/or other WhiteCoat Clipboard products and services referenced herein may also be either trademarks or registered trademarks of WhiteCoat Clipboard or MedInfo Inc. in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
13. ACCOUNT INFORMATION
Each time you enter your account login information, you are permitting WhiteCoat Clipboard and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering, please keep it secure. WhiteCoat Clipboard is not responsible for lost or stolen usernames or passwords and the use of such information, without WhiteCoat Clipboard notification, is the sole responsibility of the original user.