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Terms of Use

Last Update December 9, 2011

This Terms of Use Agreement shall be governed by the Electronic Signatures Act, and your agreement to the terms of this Agreement shall be manifested by any use, viewing or access to this Web site (the “Site”).

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. Insight Software, LLC (“ISLLC,” “we,” “us”) provides this web site (collectively, the “Site”), the My Vision Express® Practice Management System Electronic Medical Records demonstration software (the “Demo Software”) and data conversion services (the “Services”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement and the ISLLC Site Privacy Policy governs the relationship between ISLLC and you (the “Site Visitor” or “you”) with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. If you do not agree to these terms and conditions, you must not use the Site.

ISLLC may at any time, at its sole discretion, revise or otherwise update this Agreement by posting an amended Agreement on the Site; any changes that ISLLC makes to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this Agreement. Your use of the Site following the posting of an updated Agreement constitutes acceptance of the updated Agreement.

Further, ISLLC reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. You agree that ISLLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any materials (including the Demo Software) provided on the Site.

1. YOUR USE OF THE SITE. By requesting the Demo Software and/or the Services, you confirm that you are a health care provider, or that your request for the Demo Software and/or the Services is made on behalf of a health care provider, as that term is defined in the Health Insurance Portability and Accountability Act of 1996 and all subsequent amendments (“HIPAA”) and the standards and regulations set forth by the United States Department of Health and Human Services pursuant to HIPAA. You agree that all Electronic Health Records and/or Electronic Medical Records entered into and/or managed by the Demo Software will be protected by you in compliance with HIPAA and all regulations and standards.

In order to take advantage of certain features on the Site, you may be required to register to set up a Site account, where you can save your preferences, receive e-mail alerts, discount offerings, or other information from the Site. You may also be required to register to receive e-mail updates with updated information from ISLLC. By having a Site account with ISLLC, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our Site, and (b) maintain and promptly update your Site information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Services.

All accounts, user names and passwords are personal. You may not transfer an account, user name or password to anyone else or allow someone else to use your account, user name or password without ISLLC’s written permission. Similarly, you may not use the account, user name or password of anyone else without their permission and the permission of ISLLC.

You are responsible for all activity on your account. If you become aware of any unauthorized use of your account, user name or password, you should immediately notify ISLLC. Such notification will not render ISLLC responsible for any unauthorized use of your account, whether occurring before or after such notification.

ISLLC may refuse registration of any user at its complete discretion and may terminate your access to the Site, or any area of the Site, or an account, user name or password, at any time, at its complete discretion. You acknowledge that misuse of the Demo Software or the Services will constitute a material breach of these Terms and Conditions and that under such circumstances ISLLC will have the right to either suspend your right to use the Demo Software or the Services pending any resolution of the dispute or terminate your access to the Demo Software and the Services.

2. NO GUARANTEE OF RESULTS. There is no guarantee for the results of the Demo Software, Services or any other information provided on the Site. You acknowledge that the Demo Software and Services are provided “as is.”

3. USER’S SUBMISSIONS.  Personal information you submit to ISLLC is governed by the ISLLC Privacy Policy. To the extent there is an inconsistency between this Agreement and the ISLLC Privacy Policy, this Agreement shall govern. You agree that you will not upload or transmit any communications or content of any type to ISLLC that infringes or violates any rights of any party.

By submitting communications or content to ISLLC, you agree that such submission is non-confidential for all purposes.  If you submit any business information, idea, concept or invention to ISLLC, you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, ISLLC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. ISLLC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the ISLLC without a prior agreement regarding confidentiality.

It is strictly prohibited to upload information of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use or the ISLLC Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site.

ISLLC reserves the right to review all information prior to posting on the Site and to remove any information for any reason, at any time, without prior notice, at its sole discretion.

4. RULES OF CONDUCT. You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site and/or any Demo Software or other materials. In addition, your use of the Site is conditioned on your compliance with the following rules of conduct. You agree not to:

(a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the Site; (d) engage in spidering, screen scraping, database scraping, harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining information on users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (e) obtain or attempt to obtain unauthorized access to computer systems, Demo Software, Services or information through any means; (f) use the Site or the Demo Software or Services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (g) use the Site or the Site’s services or features in violation of ISLLC’s or any third party’s intellectual property or other proprietary or legal rights; (h) use any known or future unknown technology to harvest, names, auction ids, web site addresses, names or addresses for spam, reverse engineering, data collection, data mining, unsolicited telemarketing or other unwanted nuisance intrusions; (i) use any device, software or scheme that would interfere with the proper functioning of the Site, or any transaction via the Site; (j) place an undue burden or interfere with the lawful transmission of ISLLC’s content to its users, use any device to limit ISLLC’s total free access to the web infrastructure; and (k) use the Site or the Site’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Site

5. ISLLC’S PROPRIETARY RIGHTS. You acknowledge and agree that the Site, the Demo Software, the Services and the materials provided on the Site are and shall remain the property of ISLLC and/or its licensors, and are protected by copyright, trademark, and/or other proprietary rights and laws. Except as expressly authorized in advance in writing by ISLLC, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of the materials, provided that, subject to your compliance with this Agreement, ISLLC does grant to you a limited, personal, revocable, non-transferable and non-sublicensable license to (a) access the Site and the materials via the Internet solely for purposes of viewing such materials and (b) to print out pages of the Site for your personal, non-commercial use if you include the following copyright notice: “Copyright ©2011, Insight Software, LLC.  All rights reserved.” and other copyright and proprietary rights notices that are contained in the Materials. Any special rules for the use of other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.

Materials and features are subject to change or termination without notice in the editorial discretion of ISLLC. All rights not expressly granted herein are reserved to ISLLC and its licensors.  If you violate any of these Terms of Use, your permission to use the materials provided on the Site automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.

All trade names, trademarks and service marks on the Site that are not owned by ISLLC or its affiliates are the property of their respective owners. The trade names, trademarks, and service marks owned by ISLLC or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not either ISLLC’s or one of its affiliate’s product or Service, or in any other manner that is likely to cause confusion or dilution. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of ISLLC’s (or its affiliates’) trade names, trademarks, or service marks without the prior express written permission of ISLLC or its affiliates.

6. ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES.  The Site may provide links to third-party web sites. ISLLC also may select certain sites as priority responses to search terms you enter and ISLLC may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. ISLLC does not recommend and does not endorse the content on any third-party websites. ISLLC is not responsible for the content of linked third-party sites, sites framed within the ISLLC Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. ISLLC does not endorse any product, service, or treatment advertised on the ISLLC Site.

7. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. THE SITE, THE DEMO SOFTWARE, THE SERVICES AND OTHER MATERIALS ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ISLLC, ITS AFFILIATES AND ITS SUPPLIERS DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE SITE (INCLUDING ANY LINKS TO OTHER WEBSITES THAT ARE CONTAINED WITHIN THE SITE), THE DEMO SOFTWARE, THE SERVICES AND OTHER MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ISLLC, ITS AFFILIATES AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ISLLC, ITS AFFILIATES AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE DEMO SOFTWARE, THE SERVICES AND OTHER MATERIALS IS TO STOP USING THE SITE OR THE DEMO SOFTWARE, THE SERVICES AND OTHER MATERIALS.

8. INDEMNITY. You agree to defend, indemnify and hold harmless ISLLC, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys’ fees) arising out of: (a) your activities in connection with the Site; (b) your use of the Demo Software, the Services or other materials provided by ISLLC based on your request made on this Site; (c) any violation or alleged violation of the Terms of Use of any third party website by ISLLC, or other claim of violation or alleged violation made by any third party against ISLLC, arising out of the provision of any Services to you based on your request made on this Site; (d) any violation of this Agreement by you; (e) any improper or unauthorized use of the Demo Software, the Services and other materials by you; or (f) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.

9. JURISDICTIONAL ISSUES. The Site is controlled and operated by ISLLC from its principal office in Weston, Florida, U.S.A., and is not intended to subject ISLLC to the laws or jurisdiction of any state, country, or territory other than that of Florida and of the United States of America. ISLLC does not represent or warrant that the Site, the Demo Software, the Services and other materials, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site, the Demo Software, the Services and other materials do so on their own initiative and at their own risk, and are responsible for complying with local laws. ISLLC may limit the availability of the Site to any person, geographic area, or jurisdiction it chooses, at any time in its sole discretion. You agree not to transport, import, export or re-export all or any part of the Demo Software, the Services and other materials to (or to a national or resident of), or to use all or any part of the Demo Software, the Services and other materials from (as applicable): (a) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to ISLLC that you are not located in or under the control of any such country or on any such list.

10. GOVERNING LAW AND FORUM. This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida, United States of America, without regard to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Materials between you and ISLLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers, you agree to the exclusive jurisdiction of the federal and state courts located in Broward County in the State of Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

11. COPYRIGHT AGENT. ISLLC respects the intellectual property rights of others, and requires that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to ISLLC, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent
Insight Software, LLC
3050 Universal Boulevard, Suite 120
Weston, Florida 33331

12. MISCELLANEOUS. If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

13. COMPLETE AGREEMENT; NO MODIFICATION; NON-ASSIGNABILITY.  Except as otherwise expressly provided, these Terms of Use together with any of ISLLC’s policies referred to herein, are the entire Agreement between you and ISLLC relating to your use of the Site, the Demo Software, the Services and other materials, and supersedes any and all prior or contemporaneous written or oral Agreements between you and ISLLC regarding the same subject matter (except other written, fully-executed contracts, including Sales Order Authorizations between you and ISLLC). Neither the course of conduct between you and ISLLC, nor trade practice, shall act to modify any provision of this Agreement, and any modification of this Agreement must be in writing and signed by the party against whom enforcement is sought. This Agreement is not assignable, transferable or sublicensable by you except with the prior written consent of ISLLC.

Questions or comments regarding the Site should be submitted using the Contact Us Form or via U.S. mail to: Webmaster, Insight Software, LLC., 3050 Universal Boulevard, Suite 120, Weston, Florida 33331.