TERMS OF USE

Welcome to NoMoreClipboard.com, a personal health record and communication service (the "Service") offered by NoMoreClipboard.com for the purpose of letting you manage your health information electronically and communicate your information to physicians you designate.

Terms of Use.

By registering or using the Service, you agree to be bound by these Terms of Use without modification. Please make sure you read these Terms of Use thoroughly before registering.

Definition of Terms.

As used in these Terms of Use, "We", "Us" and "Our" refer collectively to NoMoreClipboard.com. "You" and "User" refer to You, the user of this Service. "Software" and "Hardware" includes all software/hardware that comprises the Service or is used to interact with the Service, and includes all software and hardware provided by Our Suppliers.

Changes to These Terms of Use.

We reserve the right to change these Terms of Use at any time. If the Terms of Use changes you will be notified upon Your next login, and Your use of the Services or access to the NoMoreClipboard.com Web Site constitutes Your agreement to the Terms of Use as they appear at the time You use the Services or access to the NoMoreClipboard.com Web Site.

NOT FOR EMERGENCIES.

The Service is not for use in medical emergencies or urgent situations. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR DOCTOR IMMEDIATELY.

Your Representations.

You represent and warrant that You are at least eighteen (18) years of age and that You have the legal right and ability to enter into these Terms of Use and to use the Service.

Password Confidentiality and Computer Security.

You are alone responsible for keeping Your password confidential and for the security of any computer You use to access the Service. You agree to notify NoMoreClipboard.com if You become aware that Your password has been compromised or that there is any other security problem with the Service.

Privacy Policy.

Your privacy is very important to us. Our Privacy Policy shall apply to Your access to the NoMoreClipboard.com Web Site and Your use of the Service and Software. Click here to view our full privacy policy.

Your Obligation to Verify Information Sent to Your Healthcare Providers.

You and Your physician or other healthcare provider are solely responsible for all information stored or communicated using the Service, Software or Hardware. You agree to verify the accuracy and completeness of all information communicated to Your physicians and other healthcare providers using the Service. You will notify Your physician or other healthcare provider and Us if You find any inaccuracy or incompleteness in the information received by the physician or other provider from the Service. You agree that We shall not be liable for any inaccuracy or incompleteness of any such information.

Links.

We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Use of the Service, Software, and Hardware.

We hereby grant You a non-exclusive, non-transferable, revocable right, without the right of sublicense, to access and use the Service and Software, subject to these Terms of Use. You may use the Software and Service solely for Your own personal and non-commercial use.

No Unlawful or Prohibited Use.

You agree that You will not use the Service, Software or Hardware for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the NoMoreClipboard.com Web Site in any manner that could damage, disable, overburden or impair the NoMoreClipboard.com Web Site or interfere with any other party's use and enjoyment of the NoMoreClipboard.com Web Site.

Restrictions on Use.

You acknowledge and agree that the Service and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except for information You provide, all content on the Service is copyrighted by Us and/or one or more of Our Suppliers. You may download and/or print a copy of information provided on this Service for Your personal use only, provided You keep all copyright and trademark notices intact. All Software is owned by NoMoreClipboard.com and/or its Suppliers and is protected by copyright laws and international treaty provisions. You may not reproduce (except as specifically set forth herein), download, modify, create derivative works from, distribute, or attempt to reverse engineer, decompile, disassemble, or access the source code for the Software. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. You may not, copy, paraphrase, omit, display, store, timeshare, rent, lease, sublicense, publish, distribute, transmit, create derivative works from, transfer, assign, sell or commercially exploit in any manner whatsoever the Software or content on Our Web Site. All marks displayed on the Service or in the Software are Our or Our Supplier's trademarks or service marks (both registered and unregistered). No right license or interest in such marks is granted to You under this Agreement. You agree that You will not assert any such right, license or interest with respect to such marks.

Disclaimer of Warranty.

THE NOMORECLIPBOARD.COM WEB SITE AND THE SERVICE AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, SERVICE, SOFTWARE OR RELATED GRAPHICS CONTAINED ON OR PROVIDED THROUGH THE NOMORECLIPBOARD.COM WEB SITE FOR ANY PURPOSE. NOMORECLIPBOARD.COM AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICE AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU MAY USE CERTAIN THIRD-PARTY SOFTWARE (INCLUDING WEB BROWSERS) OR HARDWARE IN CONNECTION WITH ACCESSING THE SERVICE AND SOFTWARE. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF SUCH THIRD-PARTY SOFTWARE OR HARDWARE. THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF SUCH THIRD-PARTY SOFTWARE OR HARWARE LIE SOLELY WITH YOU AND THE VENDOR OR SUPPLIER OR SUCH THIRD-PARTY SOFTWAREE OR EQUIPMENT, AS THE CASE MAY BE. THE INFORMATION, SOFTWARE AND SERVICE INCLUDED IN OR AVAILABLE THROUGH THE NOMORECLIPBOARD.COM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE NOMORECLIPBOARD.COM WEB SITE AND THE INFORMATION, SOFTWARE AND SERVICE AVAILABLE ON THE SITE. YOU UNDERSTAND THAT WE AND OUR SUPPLIERS CANNOT AND DO NOT WARRANT THAT FILES AVAILABLE THROUGH THE SERVICE OR THE SOFTWARE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. WE DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND THE SOFTWARE, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE AND THE SOFTWARE IS AT YOUR SOLE RISK.

Limitation of Liability.

Neither NoMoreClipboard.com, nor any of its officer, directors, employees, agents or Suppliers shall be liable for losses or damages arising from input errors or misuse of the Service, negligent handling or sharing of any password, leaving a computer unattended during an online session or failure to sign off at the end of Your session, compromise of any password or account privacy arising from security problems with any computer You use to access NoMoreClipboard.com, the Service or Software, or Your failure to report a known incident of unauthorized account access or incorrect information.

IN NO EVENT SHALL NOMORECLIPBOARD.COM OR ANY OF ITS OFFICERS DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NOMORECLIPBOARD.COM WEB SITE OR THE SERVICE OR SOFTWARE, WITH THE DELAY OR INABILITY TO USE THE NOMORECLIPBOARD.COM WEB SITE OR THE SERVICE OR SOFTWARE, OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF THE NOMORECLIPBOARD.COM WEB SITE OR THE SERVICE OR SOFTWARE, EVEN IF WE OR OUR SUPPLIERS KNOW OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY" FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NOMORECLIPBOARD.COM WEB SITE, OR THE SERVICE OR SOFTWARE, OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NOMORECLIPBOARD.COM WEB SITE, THE SERVICE AND THE SOFTWARE.

As losses and damages, if any, arising from Your use of the Services and the Software and from Your access to this Web Site would be difficult, if not impossible to assess, You agree that THE TOTAL LIABILITY OF NOMORECLIPBOARD.COM, ITS OFFICERS DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, IF ANY, FOR ACTUAL LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY YOU FOR USE OF THE NOMORECLIPBOARD.COM WEB SITE, THE SERVICE AND OR SOFTWARE OR DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LOSSES OR DAMAGES, OR, IF NO AMOUNTS HAVE BEEN PAID BY YOU, ONE U.S. DOLLAR ($1.00 US).

Indemnification.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NOMORECLIPBOARD.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, ACTIONS OR DEMANDS, LIABILITIES, AND SETTLEMENTS, INCLUDING BUT NOT LIMITED TO, REASONABLE LEGAL AND ACCOUNTING FEES RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THESE TERMS OF USE OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING BUT NOT LIMITED TO USE OF THE SERVICE AND SOFTWARE, INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE, SOFTWARE OR THIS WEB SITE USING YOUR ACCOUNT.

Term and Termination.

Either We or You may terminate Your right to use Our Web Site and the Service at any time, with or without cause, upon notice. We reserve the right to terminate or suspend Your right to use Our Web Site and the Service without prior notice, but We will confirm such termination or suspension by subsequent notice. In addition, We may withdraw, suspend or discontinue any functionality or feature of Our Web Site. The provisions of these Terms of Use concerning Disclaimer of Warranty, Limitation of Liability, Indemnification, Term and Termination and General Legal Provisions shall survive any termination of these Terms of Use.

General Legal Provisions.

Applicable Law and Jurisdiction. These Terms of Use will be governed by Indiana law for all purposes, including Web site and services use and product purchases, without regard to or application of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of [Indiana]. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion for incidental or consequential damages that are contained in this Terms of Use. By agreeing to be bound by these Terms of Use, You may be waiving legal rights that could be available to You in another jurisdiction.

Severability.

If any provision of these Terms of Use or of any other legal notices posted by Us on this Web Site is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and the other provisions of the Terms of Use should remain in full force and effect.

Waiver.

Our failure to exercise or enforce any right or provision of these Terms of Use or other legal notices posted by Us on this Web Site shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Use or of any other legal notices posted by Us on this Web site shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

No Modification by Course of Conduct or Trade Practice.

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use or of any other legal notice posted by Us on this Web Site.

Assignment.

We may assign our rights and duties under these Terms of Use to any person at any time without notice to You or Your approval.

Notices.

If You have questions or comments regarding this Web Site, please contact Us at: info@NoMoreClipboard.com

Complete Agreement.

These Terms of Use and all other legal notices (including but not limited to these Terms of Use and the Privacy Policy) on this Web site constitute the complete agreement between You and Us with respect to the use of the NoMoreClipboard.com Web Site, the Service and the Software. Your use of the Services is also subject to the Our Privacy Policy. You also may be subject to additional terms and conditions that may apply when You use third-party content or third-party software.




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