The following Terms of Service must be agreed upon by every user prior to being able to use MyProtocols (the "Application"):
Authority : I agree that I am the legal operator of this device and the legal licensor of this copy of the Application and that I have the authority the bind myself into these Terms of Service. I further agree to not allow any other party to use the Application on this device.
Disclaimers. I agree to the following: scMedic is not responsible for any incorrect or inaccurate content associated with the Application, whether caused by users of the Application, or by any of the equipment or programming associated with or utilized in the Application. scMedic is not responsible for the conduct, whether online or offline, of any user of the Application. scMedic assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any data transmitted to or from scMedic. scMedic is not responsible for any problems or technical malfunction of any telephone network or lines, cellular or other wireless communication networks, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet on any computing device or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Application. Under no circumstances will scMedic or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Application, any content provided on the Application or transmitted to users, or any interactions between users of the Application, whether online or offline. The Application and the content therein is provided as-is and scMedic expressly disclaims any warranty of fitness for a particular purpose or non-infringement. scMedic does not guarantee and does not promise any specific results from use of the Application and/or the Application.
Indemnity. I agree to indemnify and hold scMedic, its subsidiaries, affiliates, officers, agents, and other partners and employees (the "Developers"), harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of my use of the Application whether or not in violation of this Agreement.
Limitation of Liability. I agree that, except in jurisdictions where such provisions are restricted, in no event will scMedic be liable to me or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from the use of the Application or the Application, even if scMedic has been advised of the possibility of such damages. I further agree that, notwithstanding anything to the contrary contained herein, scMedic’s liability to me for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by me to scMedic for the Application.
Waiver of Claims. I agree to waive any and all claims against the Developers that may arise from this agreement. I agree to waive any and all claims against the Developers that may arise from my use of the Application and any and all claims that may arise from the use of the Application on this device by any third parties with or without my knowledge or consent.
Data Charges. I understand that data downloaded via the Application may cause me to incur charges from my ISP or wireless carrier and I agree that those charges are solely my responsibility.
Modifications and Subscription. I agree that the Developers have reserved their rights to modify or discontinue the Application with or without notice to me. I acknowledge that such modifications may include, without limitation, the initiation of a subscription-based model (a "Subscription Plan") which would require me to pay an annual fee in an amount that may be less than or equal to the standard purchase price of the Application. I agree that if the Developers initiate a Subscription Plan, my continued access to the Application requires the payment of all applicable subscription fees, and, if I choose not to pay such fees, that my sole recourse will be to cease access to the Application. I agree that the Developers will not be liable to me or to any other party for any change to, or discontinuation of, the Application or my access to the Application, and that any such change to, or discontinuation of, the Application or my access to the Application will in no way modify, change or void any payment obligations that I may have incurred through my use of the application, whether such obligation is to the Developers or a third party.
Use for Patient Care.
a) I agree not to use any content displayed in the Application for the purpose of patient care unless I am properly trained to do so and hold all certifications and/or licenses as required by law and the respective physician, agency, company, department, organization and/or other entity which maintains the protocols and/or under whose medical license I operate and/or employs me in my capacity as a medical provider (the "Controlling Entities").
b) I understand that the Application is intended exclusively as a reference for protocols and is not meant to guide or direct the treatment of patients and that it is my responsibility to have personal knowledge and understanding of and the appropriate training in the most recent protocols issued by the Controlling Entities.
c) I agree that I will use my reasonable judgement when providing treatment to patients and that I will not follow any information provided by the content in the Application that I believe to be erroneous or dangerous.
d) I understand that although the Application may be used as a reference during the course of patient care, it may fail or crash at a critical moment or contain errors in content or functionality that have not yet been discovered or not yet addressed. I therefore agree to not rely upon the Application as the only source of protocol reference when treating patients, and agree to always have readily accessible other sources for protocol reference as necessary to provide proper patient care in the event the Application fails or has incorrect information. These sources will include at a minimum, but are not limited to, access to online medical control and a printed copy of the necessary protocols.
Knowledge of Protocols. I agree to maintain up-to-date knowledge of current treatment protocols through the Controlling Entities, independent of the Application, and that the responsibility for knowing the appropriate treatment protocols lies solely with me.
Third Party Content. I understand that the third party content displayed in the Application may be outdated or contain errors that are beyond the control of the Developers. I also understand that the third party may at any point remove their content's availability and that although the copy on my device will not be automatically removed, the Developers might be left with no ability for keeping the content up to date.
Modification to Terms of Service. I agree that these Terms of Service may change with each version of the Application, and in-between version releases, and that I must use the Application with internet access in order to receive automated notice of these updates. I understand that failure to regularly update the Application, failure to regularly use the Application or failure to regularly use the Application with internet connectivity may result in lack of automated notification of the updated Terms of Service, and I agree to be bound by the new Terms of Service as posted at http://www.scmedic.com/TermsOfService regardless of whether or not I have received notice of any changes to these Terms of Service.
Severability. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Venue. I agree that any and all civil action brought against the Developers arising from this agreement, arising from my use of the Application, or arising from the use of the Application on this device by any third parties with or without my knowledge or consent shall be filed in the courts of the State of South Carolina in the county of Greenville, and I further agree that venue shall be proper in the County of Greenville in the State of South Carolina.
Governing Law. I agree that the laws of the State of South Carolina shall govern these Terms of Service agreement.