LLC. (“MT”) operates the tempida.com website and software. This website and
software, including all content, features, functionality, programs,
applications, or services provided on or through the website are referred to,
apply to any use of the Software whether accessed via computer, mobile device,
or other technology, manner, or means. By using this Software, you agree that
MT operates the Software as a service to assist health care providers in documenting patient information (the “Service”).
Accounts; Use of the Software.
1.2. You will only use the Service for the purposes for which it has been designed and for your benefit. The Service will not be used for sending unsolicited templates or marketing materials (“Spam”). MT reserves the right to deactivate and remove from the software any User who violates this terms at MT’s sole discretion.
1.3. The Service is available only to persons who can form legally binding contracts under applicable law. The Service is not available to individuals under the age of 18. If you do not qualify, you may not use the Service. By using the Software, you represent that you are at least 18 years of age.
1.4. You use the Service at your own risk. You agree that you are responsible for ensuring and maintaining the security of your logins and passwords.
1.5. No verification of uploaded content. You acknowledge thatMT does not verify or guarantee the validity or accuracy of any of the data or templates uploaded by Users to the Service. Any and all data uploaded must be verified by you prior to use. You agree that MT shall not be held liable for any inaccuracies of any data or templates uploaded by users to the Service.
1.6. You will not include any patient identifying information in templates uploaded to the Service such as a patient’s name, date of birth, medical record number, or other patient identifying information.
1.7. You agree that any suggested CPT codes presented by the software are only suggestions and may not represent the actual CPT code that can be billed. You agree that solely you, and not MT, will be liable for any inaccuracies for any billed codes.
1.8. MT may discontinue or revise any or all aspects of the Service at its sole discretion.
2. Intellectual Property Rights.
2.1. MT allows you to upload and store templates for documenting medical documents. Templates can be uploaded by the User to either a public or private area of the Software. All templates stored in the private area of the Software will be the ownership of the User who uploaded the template. The User acknowledges that all templates uploaded to the public area of the Software will be freely and publicly available for viewing, use, and re-distribution by either MT or other Users of the Software, and that the User releases all rights to templates uploaded to the public area.
3.1. You will not upload data or templates to the Service other than for the intended use of the Service. The intended use will be determined by MT at its sole discretion.
3.2. You will not remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Software or interfere with or damage operation of the Software or use of the Content, or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
4. Reference Softwares.
The Software may include links or references to other external websites or services solely as a convenience to users (“Reference Softwares”). Links on Reference Softwares may lead to resources located on servers maintained by third parties over which MT has no control. MT does not endorse any such Reference Softwares or the information, materials, products, or services contained on or accessible through Reference Softwares. Access and use of Reference Softwares, including the information, materials, products, and services on or available through Reference Softwares is solely at your own risk, and MT makes no warranties, express, statutory, or implied, with respect to the Reference Softwares. You acknowledge and agree that MT will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through Reference Softwares.
5. Compliance with Law.
5.1. You agree to comply with all applicable laws, rules, and regulations applicable to the use of the Service.
5.2. You acknowledge that MT does not provide clinical services to patients, is not engaged in the practice of medicine, and does not verify or approve the provider information or credentials provided as part of the Services. In addition, nothing in the operation of the Service removes your obligation to exercise independent medical judgment in providing care to patients.
6. Representations and Warranties. You represent and warrant the following:
6.1. The Data you provide to MT is complete and accurate in all material aspects, and MT is entitled to present the Data on the Software, with no independent obligation to verify or confirm its accuracy or completeness, and third parties may rely on its accuracy in making medical decisions.
7. Warranty Disclaimer; Limitation of Liability; Indemnification.
7.1. YOUR USE OF THE SERVICE AND ANY RELIANCE ON THE SERVICE, INCLUDING ANY ACTION YOU TAKE BASED ON THE INFORMATION OBTAINED WHEN USING THE SERVICE, IS AT YOUR OWN RISK. MT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE INFORMATION THAT MAY BE OBTAINED FROM USE OF THE SERVICE, INCLUDING ACCURACY AND COMPLETENESS. THE SERVICE IS PROVIDED “AS IS,” AND MT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
7.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MT OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “MT”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF MT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. NOTWITHSTANDING THE FOREGOING, IN THE EVENT MT IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF MT TO YOU WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO PARTICIPATE IN THE SERVICE DURING THE TWELVE MONTH PERIOD PRIOR TO THE DETERMINATION OF LIABILITY (WHICH MAY BE ZERO). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
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