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Effective Date: July 1, 2017
Please read these legal notices carefully before using any of the web sites (the "Web Sites") owned or operated by Fiscalsoft Corporation ("Fiscalsoft") . |
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By accessing or using any of the
functionality available on the Web Sites ("Services") you acknowledge your agreement and, you hereby accept and agree to comply with the terms, conditions and notices stated within the Terms of Use, as may be amended, modified, supplemented from time-to-time with or without specific notice to you (“Terms of Use”). These Terms of Use constitute a binding agreement between yourself and Fiscalsoft. Fiscalsoft reserves the right, at its sole discretion, to change these Terms of Use from time to time without advance notice. Any changes will be posted at the Web Sites under “Terms of Use” or similar identifying function. By accessing the Web Sites, your usage will be deemed to be your acceptance of and agreement to any modifications. Because your continued use of the Web Sites will mean you accept those changes, it is your responsibility to review the legal notices periodically. IF YOU DO NOT AGREE TO ALL OF THE TERMS WITHIN THESE LEGAL NOTICES, PLEASE DO NOT ACCESS OR USE THE WEB SITES, OR ANY CONTENT OR FUNCTIONALITY ACCESSIBLE. |
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The contents of the Web Sites, including, but not limited to, all text,
graphics, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks,
copyrighted material, trade dress, software, specifications, catalogs, literature, technical
information, advertisements and other content or materials located on the Web Sites
(“Content”) is owned by Fiscalsoft or third parties with all rights reserved unless otherwise
noted. |
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All Content and Services on the Web Sites (as well as the
organization and layout of the Web Sites) are owned and copyrighted or licensed by Fiscalsoft,
its affiliates or its third-party vendors. You may copy information from the Web Sites for your
personal or educational use only, provided that each copy includes any copyright, or trademark
notice, or attribution as they appear on the pages copied. The Content may not otherwise be
copied, displayed, distributed, downloaded, licensed, modified, published, reposted,
reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for
public or commercial purposes, except as provided in these terms and conditions without the
express written permission of Fiscalsoft. You may not use any Content in any manner that may
give a false or misleading impression or statement. Nothing on the Web Sites shall be construed
as conferring any license of any intellectual property rights, whether by estoppel, implication or
otherwise. |
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The Web Sites includes the display of various trademarks and/or
service marks. Fiscalsoft’s name and logo and all related trademarks, design marks, and slogans
are the trademarks or service marks of Fiscalsoft. You are not authorized to use any Fiscalsoft
name or mark in any advertising, publicity, or any other commercial manner without the prior
written consent of Fiscalsoft. |
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You acknowledge that Fiscalsoft disclaims any
duty or obligation to screen or approve third-party Services or Content accessible on the Web
Sites, and that Fiscalsoft shall have the right, but not the obligation, in its sole discretion to
reject, modify, delete or relocate any Services or Content available, or may be available, via the
Web Sites, for any reason whatsoever. The Services or Content provided through the Web Sites
may be located on third party websites or applications, via a link, click-through advertising, or
otherwise. Nothing contained in any of these Services or Content is an offer or promise by
Fiscalsoft to sell a specific product for a specific price or that any advertiser will sell any product
or service for any purpose or price or on any specific terms. In addition, Fiscalsoft does not
make any representations or warranties with respect to such third party services or content,
and is not responsible for their accuracy, sufficiency, veracity, completeness or timeliness. You
are responsible for confirming the sufficiency and reliability of any third party services. You
hereby release Fiscalsoft from any and all claims, demands, liability and damages, actual or
consequential, of every kind and nature, known and unknown, suspected or unsuspected,
disclosed or undisclosed, arising out of or in any way connected with your use of such services
or content. Please note that you may be subject to additional or different terms, conditions and
privacy policies when you use third party services, content (as defined below), software or sites. |
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You expressly understand and agree that: your use
of, and reliance upon any and all of the Web Sites, Services, or Content is at your sole risk and is
made available on an "as is" and as "available" basis. Fiscalsoft makes no express or implied
representations, warranties, or guarantees with regard to the appropriateness, accuracy,
sufficiency, correctness, veracity, value, completeness, or timeliness of the Web Sites, Services,
or Content. FISCALSOFT EXPRESSLY DISCLAIMS, AND YOU UNEQUIVOCALLY RELEASE, ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
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Unless specified otherwise, Fiscalsoft offers
you access to the Web Sites solely for your personal and non-commercial uses. You agree to only access or use the Web Sites for legal purposes that are permitted by this Terms of Use. Among other things, you agree not to:
(a) modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works based upon, frame in another Web page, use on any other
website, transfer or sell any information, software, lists of users, databases or other lists,
products or services provided through or obtained from the Web Sites, including without
limitation, engaging in the practices of "screen scraping", "indexing", "database scraping", or
any other activity with the purpose of obtaining lists of users or other information; such as the
use of internet robot or spider software to extract data or content from the Web Sites, except
with the express written permission of Fiscalsoft;
(b) damage, disable, overburden or impair the Web Sites or interfere with
any other party's use or enjoyment of the Web Sites;
(c) obtain or attempt to obtain any materials or information through any
means not made readily accessible by Fiscalsoft through the Web Sites; and
(d) access or attempt to access password protected, secure or non-public
areas of the Web Sites, except with the express written permission of Fiscalsoft.
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Fiscalsoft grants access to secured Content on the
Web Sites through the use of passwords and user identification information. In these
circumstances the user, or account owner, has access and control over the particular account.
The account owner's control is exercised through the use of passwords and therefore to
maintain exclusive control, the account owner should not reveal the password to anyone and
take accurate steps to ensure that the information is stored in a secure location. |
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By creating a link to the Web Sites, you agree that:
(a) you will not employ any technology that results in the placement of
content from the Web Sites in a frame or a reduced pop-up window or any other display
mechanism which changes the appearance of the Web Sites from how it would appear if a user
typed the URL in a typical browser line;
(b) your site will not display content or link to other websites that contain
content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive;
(c) you have duly registered your domain name and possess all rights
necessary to use the same; and
(d) you shall not in any manner access, collect, store, disclose, transfer or use
any information obtained or derived from a user’s access to or use of the Web Sites;
(e) at the request of Fiscalsoft, you agree to immediately cease using the link
at any time that Fiscalsoft so requests.
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IN NO EVENT SHALL FISCALSOFT 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 WEB SITES, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE WEB
SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED
THROUGH THE WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
FISCALSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any services or
content made available or obtained through the use of the Web Sites, and all other use of the
Web Sites, is done at your own discretion and risk and you will be solely responsible for any
damage to your computer system or loss of data that results therefrom. If you are dissatisfied
with any portion of the Web Sites, or with any of these terms of use, your sole and exclusive
remedy is to discontinue using the Web Sites. |
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You agree that Fiscalsoft may in its sole discretion and at any time
terminate your access to and use of the Web Sites, or any part thereof, with or without notice.
You further agree that use of the Web Sites and any of its Services shall be immediately
terminated if you violate these Terms of Use. In addition, Fiscalsoft reserves the right, in its sole
discretion, to modify or discontinue the Services or access to Content, or any portion thereof,
with or without notice, and without liability to you.
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You agree to indemnify and hold Fiscalsoft, its third-party vendors, member medical specialty boards, corporate affiliates, directors, officers, employees and agents harmless from any and all claims and demands, including, but not limited to reasonable attorneys’ fees and litigation expenses, made by any third-party due to or arising out of any content, submitted, posted, or otherwise provided by you to the Web Sites or Fiscalsoft, or any breach by you or your affiliates, employees, agents and representatives of these terms of use.
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This Terms of Use is governed by the laws of the
Commonwealth of Kentucky, U.S.A. without regard to conflicts of laws principles. You hereby
consent to the exclusive jurisdiction and venue of federal or state courts sitting in the city of
Lexington, Fayette County, Kentucky in all disputes arising out of or relating to accessing or
using of the Web Sites. Access or use of the Web Sites is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including without limitation
this paragraph.
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In the event that any dispute arises between you and
Fiscalsoft whether under the terms hereof or as a result of any action taken by Fiscalsoft or you
as a result or consequence of your use of the Web Sites or any documents or materials you
downloaded, viewed or referred to on the Web Sites, or by reason of any application, request
for information or other contact between you or a representative of yours and Fiscalsoft or any
representative of Fiscalsoft, you and Fiscalsoft expressly agree to waive and hereby waive any
rights you each may have to a trial by jury of any and all issues arising in any action or
proceeding between you and Fiscalsoft or their respective successors, representatives, or heirs.
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If any provision of these Terms of Use are held
to be illegal, invalid, or unenforceable under the present or future laws effective, such provision
will be fully severable; this Agreement will be construed and enforced as if such illegal, invalid,
or unenforceable provision had never comprised a part of this Agreement; and the remaining
provisions of this Agreement will remain in full force and effect and will not be affected by the
illegal, invalid, or unenforceable provision or by its severance from this Agreement.
Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there will be added
automatically as a part of these Terms of Use a provision as similar in terms to such illegal,
invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.
Unless otherwise specified herein (or in any other definitive written agreement between you
and Fiscalsoft), the Terms of Use constitutes the entire agreement between you and Fiscalsoft
with respect to your access to and use of the Services and Content available on the Web Sites
and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and Fiscalsoft with respect to the Web Site.
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