MedConsents Medical Informed Consents

PRACTICAL HEALTHCARE TECHNOLOGIES LLC ("PHTech") PROVIDES THIS TERMS OF USE ("AGREEMENT") TO YOU AS A USER OF MEDCONSENTS.COM MEDICAL CONSENT FORMS. BY USING MEDCONSENTS.COM MEDICAL CONSENT FORMS, YOU, TOGETHER WITH ANY COMPANY OR OTHER BUSINESS ENTITY YOU ARE ACTING ON BEHALF OF, ARE INDICATING YOUR WILLINGNESS TO BE BOUND BY ALL OF THE TERMS IN THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE MEDCONSENTS.COM MEDICAL CONSENT FORMS.

By registering you agree that all information provided by you are true and accurate to the best of your knowledge.  We may change the terms and conditions of this Agreement at any time and without prior notice to you, but such changes will be effective only when they are electronically posted to the Services.  However, we will not change our information practices or practices related to our Privacy Policy without first giving you prior notice of such changes.  You agree to be bound by all of the terms of this and all future agreements, as long as you use MedConsents.com Medical Consent Forms.  PHTech reserves the right to modify or discontinue services at any time with reasonable notice to Members.

Passwords
As a user, you are responsible for protecting your password.  You agree that you will be responsible for any and all statements made and acts or omissions that occur through the use of your membership and password.  If you have reason to believe or become aware of any loss, theft, or unauthorized use of your membership account or password, notify PHTech immediately.  PHTech will act as though any communication it receives under your user name and/or password will have been made or authorized by you. Each member location is responsible for presenting PHTech with an accurate number of member users at each location for accurate billing. Failure to provide an accurate user number will result in termination of service or legal action.

Registration Obligations
In consideration of your use of the Services, you agree to:  (i) provide true, accurate, and complete information about yourself as prompted by the Service's registration form(s) (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.  If PHTech has reasonable grounds to suspect that your Registration Data does not meet these requirements, PHTech may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

PHTech Content
PHTech Content is defined as any information, data, photos, video, graphics, and any other material or services that are found on the MedConsents.com Medical Informed Consent web site.  By accepting this Agreement, you agree that all PHTech Content is the sole property of PHTech, and PHTech and its licensors shall retain all right, title, and interest in and to the PHTech Content, which may not be reproduced without prior written consent of PHTech.  All PHTech Content:  (i) is protected under U.S. and international copyright, trademark and other laws; (ii) may contain the trade secret and other confidential and proprietary information of PHTech; and (iii) is intended for the use only by authorized purchasers of MedConsents.com Medical Consent Forms.  You may not modify, publish, retransmit, participate in the transfer, sale or resale of, create derivative works of, distribute, perform or display any of the MedConsents Medical Consent Forms any way, except that your active license allows you to print copies for use to consent patients as needed.
MedConsents.com Medical Consent Forms ("IICs") are only intended to outline the potential risks, benefits, and alternatives associated with medical procedures and medications.  These IICs are provided for informational purposes only. Nothing contained the MedConsents.com Medical Consent Forms should be construed as a substitute for your own medical knowledge, experience and training.  While PHTech endeavors to ensure the reliability of information contained in the medical consent forms, PHTech cannot guarantee the accuracy or completeness of the information contained in the MedConsents.com Medical Consent Forms, and assumes no liability for their content, errors, or omissions.  Laws vary from state-to-state regarding required information and processes needed to be given to a patient for informed consent.  Please be sure to check the laws regarding legal informed consent as they apply within your state.

Fees
You agree to pay all current fees associated with use of the Service.  PHTech reserves the right to modify fees with notice.

MedConsents.com and PHTech Advertising
You acknowledge that PHTech has the right to advertise and post promotions on MedConsents.com Medical Informed Consent website. You acknowledge that you may not advertise or post promotions on MedConsents.com Medical Informed Consent website without express permission from PHTech.

Indemnity
You agree to indemnify, defend, and hold harmless PHTech from and against any claim, liability, cost, damage, or loss it may incur (including, without limitation, attorneys' fees) as a result of:  (i) your or your patients' or clients' use of MedConsents.com Medical Consent Forms (ii) any content provided or authorized by you; (iii) any violation by you of your obligations under this Agreement; (iv) any violation by you of the rights of others; and (v) all claims related to any and all Member Content provided by you, including but not limited to, information, procedures, diagnosis and medications.

Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on MedConsents.com Medical Informed Consent website provided by PHTech are the registered and unregistered Trademarks of PHTech and others.  Except by written permission of PHTech, your use of the Trademarks displayed on this site is strictly prohibited.  PHTech will aggressively enforce its intellectual property rights to the fullest extent of the law.

Disclaimer of Warranties
YOU ACKNOWLEDGE THAT PHTECH EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE COMPLETENESS, TRUTH, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OF THE SERVICES AND THE MEMBER CONTENT FOR ANY PARTICULAR PURPOSE.  ALL INFORMATION PROVIDED ON MEDCONSENTS.COM MEDICAL INFORMED CONSENT WEBSITE OR THE SERVICES IS TO BE USED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS.  FURTHER, PHTECH MAKES NO WARRANTY THAT:  (I) SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF VIRUSES, WORMS OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (III) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS OR WILL BE ACCURATE, RELIABLE OR RESULT IN REVENUE OR SAVINGS TO YOU.  PHTECH ALSO MAKES NO WARRANTY WITH RESPECT TO THE MEMBER CONTENT, INCLUDING INFORMATION REGARDING MEDICAL RECORDS, APPOINTMENTS, DIAGNOSES, ADVICE, AND REFERRALS.
YOU AGREE THAT PHTECH WILL NOT BE HELD LIABLE TO ANYONE FOR ANY LOSS OR INJURY RESULTING FROM YOUR OR YOUR CLIENTS' AND PATIENTS' DIRECT OR INDIRECT USE OF PHTECH MEDCONSENTS.COM MEDICAL CONSENT.  THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY PHTECH'S PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING ANY PORTION OF THE SERVICES OR MEDCONSENTS.COM MEDICAL CONSENT FORMS.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SUCH WARRANTIES, SO THIS MAY NOT APPLY TO YOU, BUT THE DISCLAIMER WILL APPLY TO THE FURTHEST EXTENT ALLOWED BY LAW.

Disclaimer of Liability
You acknowledge that PHTech will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for malpractice and related torts, loss of profits, goodwill, use, data or other intangible losses (even if PHTech has been advised of the possibility of such damages), resulting from or related to the use or inability to use MedConsents.com Medical Consent Forms.  Some jurisdictions do not allow the waiver of such damages, so this may not apply to you, but the waiver will apply to the furthest extent allowed by law.  In no event shall PHTech's maximum aggregate liability for claims arising under or in any way relating to this Agreement and the Services exceed the total amount paid by you to PHTech for the Service, irrespective of the facts and legal theories (including negligence and other torts) underlying those claims.  You acknowledge that PHTech will not be liable in any way or to any party for the Member Content, including information regarding diagnoses, procedures, medications and advice.

Miscellaneous
If any provision in this Agreement is invalid or unenforceable under applicable law, it will be enforced to the furthest extent possible and the remaining provisions will continue in full force and effect.  Nothing in this Agreement shall construed as creating an agency, partnership, or joint venture relationship between you and PHTech.  This Agreement, its resulting rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Oregon (except with respect to its conflict of law provisions), as if the Agreement were a contract wholly entered into and wholly performed in Multnomah County, Oregon.  Except for the right of PHTech to apply to a court of competent jurisdiction for injunctive relief as provided in this Agreement, any dispute arising under this Agreement shall be resolved through arbitration. The parties agree to first attempt to resolve the dispute informally with the help of a mutually agreed-upon mediator.  If the parties are unable to arrive at a mutually satisfactory solution through mediation, the parties agree to submit their dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") but not necessarily under the auspices of AAA.  The arbitration may be conducted either by one impartial arbitrator chosen by mutual agreement of the parties, or if the parties are unable to agree on a single arbitrator within thirty (30) days of first demand for arbitration, they may apply to the Multnomah County Court for an appointment of an arbitrator.  The arbitrator shall have no power to add or detract from the agreements of the parties and may not make any ruling or award that does not conform to the terms and conditions of this Agreement.  The arbitrator shall have the authority to grant injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law.  The arbitrator shall have no authority to award punitive damages or any other damages not measured by the prevailing party's actual damages.  The arbitrator shall specify the basis for any damage award and the types of damages awarded. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys' fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings.  The parties agree that all arbitration and related proceedings shall take place in Portland, Oregon, and you hereby consent to the jurisdiction and venue of such arbitration. The failure of PHTech to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision.  You agree that any claim or cause of action against PHTech must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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