The following Terms of Service must be agreed to by every user prior to being able to use the app (the “Application”):
Authority. I (the user) agree that I am the legal operator of this device and the legal licensor of this copy of the Application and that I have the authority the bind myself into these Terms of Service. I further agree to not allow any other party to use the Application on this device.
Grant of License. Subject to the terms and conditions of hereof, Acid Remap (which such term shall include Acid Remap LLC and, as applicable, its subsidiaries, affiliates, officers, agents, and other partners and employees) hereby grants to me a nonexclusive license to access and use the Application solely for my own internal business operations or my own personal purposes.
Ownership. I agree that Acid Remap retains ownership of the Application and reserves all rights not expressly granted herein. I further agree that Acid Remap owns and retains all right, title, and (except as expressly licensed hereunder) interest in and to the Application and all copies or portions thereof, and any derivative works thereof (by whomever created).
Restrictions on Use. I understand that my use of the Application, and the license granted hereunder, is conditional. I agree that I:
Disclaimers. I agree to the following: Acid Remap is not responsible for any incorrect or inaccurate content associated with the Application, whether caused by users of the Application, or by any of the equipment or programming associated with or utilized in the Application. Acid Remap is not responsible for the conduct, whether online or offline, of any user of the Application. Acid Remap assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any data transmitted to or from Acid Remap. Acid Remap is not responsible for any problems or technical malfunction of any telephone network or lines, cellular or other wireless communication networks, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet on any computing device or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Application. Under no circumstances will Acid Remap or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Application, any content provided on the Application or transmitted to users, or any interactions between users of the Application, whether online or offline. The Application and the content therein is provided “as-is” and Acid Remap expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Acid Remap does not guarantee and does not promise any specific results from use of the Application and/or the Application.
Limitation of Liability. I agree that, except in jurisdictions where such provisions are restricted, in no event will Acid Remap be liable to me or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from the use of the Application or the Application, even if Acid Remap has been advised of the possibility of such damages. I further agree that, notwithstanding anything to the contrary contained herein, Acid Remap’s liability to me for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by me to Acid Remap for the Application.
Waiver of Claims. I agree to waive any and all claims against Acid Remap that may arise from this agreement. I agree to waive any and all claims against Acid Remap that may arise from my use of the Application and any and all claims that may arise from the use of the Application on this device by any third parties with or without my knowledge or consent.
Data Charges. I understand that data downloaded via the Application may cause me to incur charges from my ISP or wireless carrier and I agree that those charges are solely my responsibility.
Modifications and Subscription. I agree that Acid Remap has reserved their rights to modify or discontinue the Application with or without notice to me. I acknowledge that such modifications may include, without limitation, the initiation of a subscription-based model (a “Subscription Plan”) which would require me to pay an annual fee in an amount that may be less than or equal to the standard purchase price of the Application. I agree that if Acid Remap initiates a Subscription Plan, my continued access to the Application requires the payment of all applicable subscription fees, and, if I choose not to pay such fees, that my sole recourse will be to cease access to the Application. I agree that Acid Remap will not be liable to me or to any other party for any change to, or discontinuation of, the Application or my access to the Application, and that any such change to, or discontinuation of, the Application or my access to the Application will in no way modify, change or void any payment obligations that I may have incurred through my use of the application, whether such obligation is to Acid Remap or a third party.
Knowledge of Protocols, Use for Patient Care and Indemnity.
a) I agree not to use any content displayed in the Application for the purpose of patient care unless I am properly trained to do so and hold all certifications and/or licenses as required by law and the respective physician, agency, company, department, organization and/or other entity which maintains the protocols and/or under whose medical license I operate and/or employs me in my capacity as a medical provider (the “Controlling Entities”).
b) I agree to maintain up-to-date knowledge of current treatment protocols through the Controlling Entities, independent of the Application, and that the responsibility for knowing the appropriate treatment protocols lies solely with me.
c) I understand that the Application is intended exclusively as a reference for protocols and is not meant to guide or direct the treatment of patients and that it is my responsibility to have personal knowledge and understanding of and the appropriate training in the most recent protocols issued by the Controlling Entities.
d) I agree that I will use my reasonable judgement when providing treatment to patients and that I will not follow any information provided by the content in the Application that I believe to be erroneous or dangerous.
e) I understand that although the Application may be used as a reference during the course of patient care, it may fail or crash at a critical moment or contain errors in content or functionality that have not yet been discovered or not yet addressed. I therefore agree to not rely upon the Application as the only source of protocol reference when treating patients, and agree to always have readily accessible other sources for protocol reference as necessary to provide proper patient care in the event the Application fails or has incorrect information. These sources will include at a minimum, but are not limited to, access to online medical control and a printed copy of the necessary protocols.
f) I agree to indemnify and hold Acid Remap harmless from any damages, losses, liabilities, claims, or demands, including reasonable attorney’s fees, made by any third party due to or arising out of my use of the Application in violation of this Agreement, except to the extent those losses, liabilities, claims or demands arise from the negligence or wrongful or unlawful acts of Acid Remap.
Data Security Obligations. I am fully responsible for the security of data shared in the Notes feature of the Application or otherwise in my possession. Such features are not secure or HIPAA compliant. I agree not store or otherwise incorporate any protected health information (“PHI”) in the App. I further agree that I will not store or otherwise incorporate any other sensitive or private information, including, without limitation, passwords, in the App. As used herein, “HIPAA” shall mean Section 262 of the Health Insurance Portability and Accountability Act, P.L. 104-191, or any successor statute, which governs the use and transmission of individually identifiable health information, and any regulations promulgated thereunder.
Third Party Content. I understand that the third party content displayed in the Application may be outdated or contain errors that are beyond the control of Acid Remap. I also understand that the third party may at any point remove their content’s availability, and that although the copy on my device will not be automatically removed, Acid Remap might be left with no ability for keeping the content up to date.
Modification to Terms of Service. I agree that these Terms of Service may change with each version of the Application, and in-between version releases, and that I must use the Application with internet access in order to receive automated notice of these updates. I understand that failure to regularly update the Application, failure to regularly use the Application or failure to regularly use the Application with internet connectivity may result in lack of automated notification of the updated Terms of Service, and I agree to be bound by the new Terms of Service as posted at http://www.acidremap.com/legal/TermsOfService.html regardless of whether or not I have received notice of any changes to these Terms of Service.
Term and Termination. I agree that these terms shall be effective as of the date I accept the terms herein or first access, download or use the Application (the “Effective Date”) and shall remain in effect for so long as I use or access the Application or until otherwise terminated (the “Term”). Upon any termination, I shall no longer be permitted to use or access the Application. The terms herein that contemplate obligations after the Term, including but not limited to Disclaimers, Limitation of Liability, Knowledge of Protocols, Use for Patient Care and Indemnity, Governing Law and Severability, and Confidentiality, shall survive termination. Subject to any other provisions herein, either I or Acid Remap may terminate this these terms if: (i) the other breaches any material term or condition of this Agreement and fails to cure such breach within ten (10) days after receipt of written notice or (ii) the other becomes the subject of a voluntary or involuntary petition in bankruptcy or other proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors.
Severability. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Venue. I agree that any and all civil action brought against Acid Remap arising from this agreement, arising from my use of the Application, or arising from the use of the Application on this device by any third parties with or without my knowledge or consent shall be filed in the courts of the State of California in the County of San Francisco, and I further agree that venue shall be proper in the County of San Francisco in the State of California.
Governing Law. I agree that this Terms of Service agreement shall be governed by the laws of the State of California, without regard to its conflict of laws provisions.