The ER tech support public website, including but not limited to https://ertechsupport.com/ , (the “Public Site”) and ER tech support secure websites, including but not limited to our Customer Secure Site and Business Alliance Program Secure Site that is collectively called as ‘site’ are owned, operated and managed by ER tech support.
ER tech support may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features, at any time. ER tech support may remove, modify, or otherwise change any content, including that of third parties, on or from this Site. ER tech support may impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. ER tech support may terminate your use of the Site at any time in its sole discretion.
These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with ER tech support.
Copyrights. All content on the Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are either Copyright 2019 ER tech support, or are the property of ER tech support’s affiliates or licensors. All rights reserved.
Trademarks. All trademarks on the Site are either trademarks or registered trademarks of ER tech support or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ER tech support. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of ER tech support or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ER tech support. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
Patents. ER tech support’s products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. ER tech support reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these TOU. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of ER tech support’s products or processes.
Software. Any software, including any files, https://ertechsupport.com/ generated by the software, code, and data accompanying the software (collectively, the “Software”), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to ER tech support. ER tech support retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
In using this Site, you agree:
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site. This Site is controlled and operated in the United States. If you are in a jurisdiction that restricts you from accessing this Site, do not access or use this Site. ER tech support makes no representation that the Site is appropriate or available for use outside the United States.
The Secure Sites may include bulletin boards, which allow feedback to ER tech support and real-time interaction between users. ER tech support does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the bulletin boards and the Secure Sites that you do not:
By accessing the Secure Sites, you acknowledge and agree that ER tech support has no obligation to monitor bulletin boards. ER tech support reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless ER tech support and its affiliates and parties with whom ER tech support has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.
You expressly agree that you will not discuss or refer to any particular patient, any particular patient’s medical condition or any other information that could identify a particular patient.
Except as otherwise provided in section 5 below, you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes or requests for quotes, performance data, account information, or other material, data, or information (collectively, “Information”), are non-confidential and upon transmission of such Information to ER tech support via email or other means you grant to ER tech support an irrevocable, non-exclusive, royalty-free, sub licensable, worldwide license (including but not limited to a copyright license) to use such Information in any media for any purpose.
Only ER tech support Customers are allowed access to the ER tech support Customer Secure Site. The terms of this Section 6 apply to Customers accessing the Customer Secure Site.
Access to the Customer Secure Site is subject to these TOU and the terms of your software and/or services agreement (your “Agreement”). You agree that the Customer Secure Site contains Confidential Information as defined in your Agreement and that you will treat such Confidential Information in accordance with the terms of your Agreement. By posting messages or uploading files or templates through the Customer Secure Site, you are granting ER tech support a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
Links to Other Web Sites. This Site may from time to time contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship, or recommendation by ER tech support of — or responsibility for — the linked Web sites or any content, services, or products available on or through such sites.
Links from Other Web Sites. All links to this Site must be approved in writing by ER tech support, except that ER tech support consents to links in which:
Third Party Content. This Site may from time to time contain material, data, or information provided, posted, or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither ER tech support nor its affiliates shall have any liability whatsoever to you for any such third party material, data, or information.
THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ER tech support AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA, AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT ER tech support DOES NOT CONTROL INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, ER tech support AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT, OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE.
ER tech support DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES ER tech support MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.
ER tech support ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF ER tech support, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ER tech support DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ER tech support OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ER tech support OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ER tech support HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
Applicable Law. These TOU shall be governed by and construed in accordance with the the federal laws of the United States of America, without giving effect to its conflict of laws provisions.
These TOU constitute the entire agreement between you and ER tech support governing your use of the Site. Should any provision in these TOU be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the Site must be filed within one year after it arose or be permanently barred.