Terms of Service

Terms of Service

eClinicalWorks LLC (or the "Company") offers a community (the "Service") according to the terms of service (the "Terms of Service" or the "Agreement") declared below. The Company reserves the right to modify these terms without notice. Your continued usage of the Service constitutes your acceptance of these terms, available at http://ecwideas.eclinicalworks.com/terms-of-service . Violation of any terms will result in termination of your account. Questions about the Terms of Service may be sent to ECWIDEAS@ECLINICALWORKS.COM .

User Conduct and Submissions

      I.        Any remarks, ideas, graphics, photographs, or other information communicated to the Company (collectively, "Content") posted on the Service in a Hosted Area belong to the person who posted such content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.

     II.        You give the party who owns the Hosted Area in which you post your Content (the "Company") a non-exclusive, free, worldwide license for the duration of the applicable author's rights, to publish your Content. In addition to the right to publish, you also grant the Company under said license the following rights, without limitation: (i) the right to reproduce; (ii) the right to transfer, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; and (v) the right to film, perform or post the Content in any media. Except as described in our Privacy Policy, the Company will not be required to treat any Content as confidential.

    III.        The submission of your Content on the Service is entirely voluntary, non-confidential, gratuitous, and non-committal. You understand that the Company may be working on the same or similar Content, that it may already know of such Content from other sources, that it may simply wish to develop this (or a similar Content) on its own or it may have taken/will take some other action. In return for the Company’s review and consideration of your Content, you acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted:

  1. The Content represents your own original work. You have all necessary rights to disclose the Content to the Company. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by the Company's review and/or use of the Content.
  2. You understand that disclosure of Content to the Company does not establish a confidential relationship or obligate the Company to treat your Content (or any related materials) as secret or confidential.
  3. You understand that the Company has no obligation, either express or implied, to develop or use your Content and that no compensation is due to you or anyone else for any inadvertent or intentional use of your Content, related ideas or ideas derived from your idea. You understand that the Company assumes no obligation with respect to any of your Content unless and until the Company enters into a written contract with you, and then only as expressed in that contract. In the absence of a separate formal contract, your rights shall be limited to those existing under the patent laws of the United States.

  4. If your Content is the subject of a pending or issued patent, you have disclosed or will disclose that fact to the Company. To the extent you hold a patent in the Content, the Company acknowledges that no license under any patent is herein granted to the Company. Any license to use a patented Content shall be in the form of a written contract, in which event the Company's obligations shall be only those expressed in such contract.

  5. The Company will give your Content such consideration as is warranted by its sole judgment. The Company's review of your Content shall not be construed as any recognition of the novelty or originality of the Content. The Company is not obligated to give reasons for rejecting your Content or to reveal the Company’s activities that are related to the subject matter of the submitted Content.

  6. Neither the discussion or negotiations between the Company and you relating to the possible purchase or license of the Content, nor the making of any offer for the purchase or license of the Content, shall prejudice the Company in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of the submitted Content. Further, the Company's consideration or its discussions or negotiations with you will not in any way impair the Company’s right to contest the validity or infringement of your rights.

  7. You acknowledge that the Company, directly or indirectly, may (i) be working on the same Content or a similar Content to the Content, or (ii) already know of such Content from other sources, or (iii) simply wish to develop this Content or as similar to the Content on its own.

  8. You hereby irrevocably release and forever discharge the Company and all 3rd party providers and their affiliates and subsidiaries (together, the "Released Parties") from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against the Released Parties or their respecting successors and assigns with respect to the Content, including without limitation in respect of how the Company and its affiliates and subsidiaries, directly or indirectly, use the Content, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
  9. To the extent required by the Health Insurance Portability and Accountability Act of 1996 and regulations related to privacy promulgated there under (the “Privacy Standard”), and notwithstanding anything to the contrary herein, you will maintain the confidentiality of Protected Health Information or PHI (as defined by the Privacy Standard) and will comply with applicable requirements of the Privacy Standard.

    IV.        The Company has the right, but not the obligation, to remove Content that it determines in its sole discretion to be PHI, unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property, or that is detrimental to the quality or intended spirit of the Service. The Company also has the right, but not the obligation, to limit or revoke the use privileges of account of anyone who posts such Content.

     V.        Examples of unacceptable Content or behavior on the Service include

  1. abuse, harassment, threats, flaming or intimidation of any person or organization
  2. engaging in or contributing to any illegal activity or activity that violates others' rights
  3. use of derogatory, discriminatory or excessively graphic language
  4. providing information that is false, misleading or inaccurate
  5. hacking or modifying the Company Service or another Web site to falsely imply an association with the Company
  6. implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization
  7. transmitting worms, viruses or harmful software
  8. sending spam
  9. disclosing personal or proprietary information of another user, person or organization

    VI.        The Company cannot control all Content posted by third parties to the Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may use the "report abuse" feature on any topic or reply. Urgent issues can be reported to ECWIDEAS@ECLINICALWORKS.COM .

   VII.        Use of the Service is also governed by our Privacy Policy, a copy of which is currently located at our corporate website.

General Conditions

      I.        Any abuse or threatened abuse of other users of the Service or of Company personnel will result in immediate account termination.

     II.        Any failure of the Company to enforce or exercise a right provided in these terms is not a waiver of that right.

    III.        Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.

    IV.        This Terms of Service constitutes the entire agreements between you and the Company and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of Service.

  1. These Terms of Service shall be governed by and construed in accordance with the Commonwealth of Massachusetts, without giving effect to principles of conflicts of law. You and the Company each agree that any action at law or in equity arising out of or relating to these Terms of Service will be filed only in the state/province or federal courts in and for Massachusetts, and hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.