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INTRODUCTION

Welcome to the CmyDr.com Terms of Use agreement. The following Terms of Use apply when you view or use the Service via our website located at www.CmyDr.com. Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use.
YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE "SERVICES") OF CMYDR.COM IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.
BY CLICKING/CHECKING THE "I AGREE" BUTTON/BOX, ACCESSING THE CMYDR.COM WEBSITE OR BY UTILIZING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT”). THE SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.

DEFINITIONS

For purposes of this agreement:
1. “Site” refers to the CmyDr.com, which can be accessed via desktop, tablet or mobile device.
2. “Service” refers to the Company’s services accessed via the Site, in which healthcare providers, doctors, and patients can connect via a free, secure telehealth service.
3. “Provider” refers to a healthcare organization (i.e. hospital, insurance company, clinic, etc.) that registers its domain for use on CmyDr.com.
4. “User” may refer to a healthcare professional registered to a particular Provider’s domain within the Site.
5. “Company” refers to Revation Systems, Inc. and its subsidiary North Light Software, Inc.
6. “We,” “us,” and “our” refer to the Company.
7. “You” refers to you, as a user of our Site or our Service.

PRIVACY POLICY

The Company respects the privacy of its Service Users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

ABOUT THE SERVICE

The Service securely connects patients with their health-care institutions and doctors over encrypted video and voice services. CmyDr.com was built on HIPAA compliant and HITRUST CSF certified best practices. What does that mean, exactly? Unlike mainstream or traditional remote conferencing services, CmyDr.com has implemented best-in-class privacy and data-security controls to protect our Users’ data.

REGISTRATION

In order to utilize the Services, Provider may be required to provide information about Provider, including without limitation: address, phone number, domain name, primary point-of-contact information (including name, email, phone number). Provider agrees that any such information it provides is accurate.
Once Provider has registered its domain onto CmyDr.com, Users may also be required to provide information prior to utilizing the Services. Users agree that all information they provide will be accurate. Users will also be required to create a password for signing into the Services. Users are entirely responsible for maintaining the security and privacy of their username and password and agree not to disclose it to any third parties.
1. Note: CmyDr.com stores and utilizes this information to (1) ensure Users are associated with a Provider, and (2) provide Users with appointment follow-up emails. Provider and User data is not sold, forwarded, or otherwise utilized by third parties.

USE AND CONDUCT RESTRICTIONS

Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
1. You agree that you will not under any circumstances:
  1. access this Service outside of the United States of America,
  2. access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
  3. collect or harvest any personal data of any User of the Site or the Service
  4. use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
  5. distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
  6. use the Service for any unlawful purpose or for the promotion of illegal activities;
  7. attempt to, or harass, abuse or harm another person or User;
  8. provide false or inaccurate information when checking in to the Service;
  9. interfere or attempt to interfere with the proper functioning of the Service;
  10. make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  11. bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  12. circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
  13. share malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

PROVIDER RESPONSIBILITIES

Provider is responsible for the activities of all Users who access or use the Services through Provider’s domain and Provider agrees to ensure that any such User will comply with the terms of this Agreement and any CmyDr.com policies. CmyDr.com, Revation Systems, Inc. and its subsidiary North Light Software, Inc. assume no responsibility or liability for User violations. If you become aware of any violation of this Agreement in connection with use of the Services by any person, please contact CmyDr.com at abuse@cmydr.com. CmyDr.com may investigate any complaints and violations that come to its attention and may take any action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not be implied to be the advice or opinion of the Company. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content shared on the Service or transmitted to Users.
Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to take appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any user that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us at abuse@cmydr.com.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

USER CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS

For contractual purposes, you: (a) consent to receive communications from other Users and/or CmyDr.com in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that other Users may provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CMYDR.COM, REVATION SYSTEMS, INC., NORTH LIGHT SOFTWARE, INC., THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND SUPPLIERS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SERVICES, YOUR VIOLATION OF THIS AGREEMENT OR THE INFRINGEMENT OR VIOLATION BY YOU OR ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY OR APPLICABLE LAW.

WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF TERMS

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Minnesota, without regard to conflict of law provisions.
We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

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