Socius Medical Terms of Use


PLEASE READ THIS LEGAL TERMS OF USE AGREEMENT CAREFULLY BEFORE ENTERING THE COMMUNITY OR OTHERWISE ACCESSING OR DOWNLOADING ANY INFORMATION FROM THE COMMUNITY (THE "COMMUNITY"). BY ACCESSING OR USING THE COMMUNITY, YOU HEREBY ACCEPT AND AGREE TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS TERMS OF USE AGREEMENT (THE "USER AGREEMENT"). THIS USER AGREEMENT IS A BINDING AGREEMENT BETWEEN YOU AND SAINT LUKE'S HOSPITAL FOUNDATION (“SLHF”) (“THE COMMUNITY OPERATOR”) AND GOVERNS YOUR ACCESS AND USE OF THE COMMUNITY. SOCIUSMEDICAL, LLC IS A THIRD PARTY BENEFICIARY TO THIS USER AGREEMENT.

BY USING THIS COMMUNITY YOU SIGNIFY THAT YOU UNDERSTAND AND AGREE TO THE FOLLOWING:

  1. OPERATOR GRANTS YOU A LIMITED RIGHT TO USE THE COMMUNITY
    Operator hereby grants you a limited right and license to access the Community and use the Contributed Content (defined below), subject to the following terms and conditions. Operator reserves the right to revoke this right and license at any time without or without cause.
  2. CONTRIBUTED CONTENT
    In connection with your use of this Community, you may have occasion to upload or otherwise contribute ideas, comments, editorials, writings, communications, drawings, images, data or other types of content ("Contributed Content") to the Community.

    You grant to the Community Operator and its affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any Contributed Content that you post on or through the Community, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. You waive all rights you may have to inspect and/or approve of any use by the Community Operator or other users of the Community of any Contributed Content.

    Contributed Content is not guaranteed by the Operator or any of its third party vendors as to accuracy, completeness, or usefulness. It is the responsibility of our Community users to evaluate the accuracy, completeness or usefulness of any Contributed Content.

    You agree not to upload, post or otherwise make available in the Community any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree and acknowledge that you have the burden of determining whether any material is or is not protected by copyright. By submitting Contributed Content, you permit any other user of the Community to access, view, store or reproduce the Contributed Content for that user's personal use or any other use permitted under the Community Guidelines (if any).

    You may not post or otherwise make available in the Community any content that is illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your Contributed Content.
  3. NO RESPONSIBILITY FOR TRANSMITTED MATERIAL
    You acknowledge that transmissions to and from this Community may not be secure or confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to the Community, no confidential, fiduciary, contractually implied or other relationship is created between you and the Community, the Operator, or any other third party.
  4. THE COMMUNITY OR THE CONTRIBUTED CONTENT MAY NOT BE AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES
    The Operator and its third party providers make no representation that the Community or any Contributed Content is appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Community from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
  5. SOCIUSMEDICAL, LLC
    1. SOCIUS TECHNOLOGY. This Community utilized certain proprietary property owned by SociusMedical, LLC (“Socius”), including: (i) the Socius name, the Socius logo, the product and service names associated with the software programs and services (“Programs and Services”), and other trademarks and service marks, whether or not registered; (ii) certain audio and visual information, documents, documentation, software and other works of authorship, and derivative works thereof; and (iii) other technology, software, processes, algorithms, user interfaces, know-how and trade secrets, copyrights, techniques, designs, inventions, discoveries, concepts, improvements, and other tangible and intangible technical material or information created by Socius, its employees, agents or licensors (collectively, “Socius Technology”). For clarity, the Socius Technology shall include analytics generated or collected by Socius via the Programs and Services, or collected by the Operator from users’ use of the Community, including de-identified aggregated data derived from Contributed Content. Other than as expressly set forth in this User Agreement, no license or other rights in or to the Socius Technology are granted to you or any other party, and all such licenses and rights are hereby expressly reserved by Socius. No portion of the Socius Technology may be sold or otherwise used or distributed in conjunction with any commercial purpose, unless expressly permitted in writing by Socius.
    2. SOCIUS TRADEMARKS. SociusMedical, SociusConnect, and SociusExpress are trademarks of Socius, and the Socius logo is a United States service mark. All other trademarks, service marks, trade names and logos appearing on the Community are the property of their respective owners.
    3. SOCIUS WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY. To the extent permitted under applicable laws, no responsibility is assumed by Socius for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Community or related to the Socius Technology. IN NO EVENT WILL SOCIUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTRIBUTED CONTENT OR ANY OTHER INFORMATION CONTAINED IN THIS COMMUNITY; NOR SHALL SOCIUS BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS COMMUNITY, THE SOCIUS TECHNOLOGY, OR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL WITH RESPECT TO THE SAME, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF SOCIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    4. NO RESPONSIBILITY FOR TECHNICAL PROBLEMS. All or any portion of the Community may not be available and may not function properly at any time. The Community is hosted by Rackspace US Inc. Please refer to the hosting terms of service located at http://www.rackspace.com/cloud/, Socius shall not be liable for any defects, delays or errors in or resulting from your use of the Community.
    5. DISCLAIMER OF WARRANTIES. THE UNAUTHORIZED ALTERATION OF THE SOCIUS TECHNOLOGY OR USE OF THE SOCIUS TECHNOLOGY OUTSIDE OF THE COMMUNITY IS EXPRESSLY PROHIBITED. SOCIUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND REPRESENTATIVES SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, ACTIONS, OR DAMAGES WHICH MAY ARISE ON ACCOUNT OF THE UNAUTHORIZED ALTERATION OR USE OF THE SOCIUS TECHNOLOGY OR THIS COMMUNITY.

      THE SOCIUS TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOCIUS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SOCIUS TECHNOLOGY CONTAINED IN THE COMMUNITY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.

      THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
  6. NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT
    If you believe that any material on this Community infringes upon any copyright which you own or control, or that any link on this Community directs users to another Community that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with the Designated Agent as set forth below. Notifications of claimed copyright infringement must be sent to the Operator’s Designated Agent for notice of claims of copyright infringement. The Designated Agent for this Community may be reached as follows:
  7. APPLICABLE LAW
    This User Agreement and your use of this Community are and shall be governed and construed in accordance with the internal laws of Missouri and Illinois without regard to its rules concerning conflict of laws. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern.
 
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