Terms of site use and other legal matters
As of April 25, 2011
Disclaimer. Netsmart Technologies presents
the information on this Site as a service to its customers and other
Internet users. While information on this Site is about medical
issues, it is not medical advice. The information contained on this
Site is not intended to be a substitute for professional medical
advice or medical care. Always seek the advice of a physician or
other qualified health provider with any questions you may have
regarding a medical condition and prior to starting any new treatment.
The information is provided "as is" without warranty of
any kind, and Netsmart hereby disclaims all warranties and conditions
with regard to any information contained on this Site, including
all implied warranties and conditions of merchantability and fitness
for a particular purpose. Netsmart assumes no liability of any
kind for the information and data contained in this Site or for
any diagnosis or treatment made in reliance thereon. Moreover, unless
expressly stated, views and opinions expressed herein have not been
approved by Netsmart, and do not necessarily represent its policy.
In addition, due to the rapidly changing nature of medicine and
our reliance on information provided by outside sources, we make
no representation, warranty or guarantee concerning the accuracy
or reliability of the content at this Site or at other sites to
which we link. Links are provided as a service, but Netsmart does
not intend links to be referrals or endorsements of the linked entities.
Links To Third Party Sites. Certain links
on this Site will let you leave this Site. The linked sites are
not under the control of Netsmart, and Netsmart is not responsible
for the contents of any linked site or any link contained in a linked
site. Such links are provided for your convenience only, and the
inclusion of any link does not imply endorsement by Netsmart of
any such linked site, except as otherwise expressly stated in this
Trademarks and Names. "Netsmart"
and the names of all Netsmart products and services referenced
in this Site are either trademarks or registered trademarks of the
Netsmart Technologies. Other product and company names referenced
in this Site may be the trademarks of their respective owners. The
names of certain companies, people, characters and/or data contained
in this site are fictitious and are in no way intended to represent
any real individual, company, product or event, unless otherwise
Copyright and Proprietary Rights. All rights reserved. All the
content of this Site is copyrighted. A single copy may be downloaded
and/or reprinted solely for personal and noncommercial use. Any
downloaded or reprinted material may not be altered in any way and
must contain the following copyright notice: "Copyright ©
2000 Netsmart Technologies. All Rights Reserved." and any
other copyright or other proprietary rights notices which were contained
on the downloaded material. Any other use of the material, either
in whole or in part for any other reason is expressly prohibited,
unless prior written consent is obtained from Netsmart Technologies.
Additional Legal Terms Applicable to Use of this Site:
A. Binding Agreement for Site Use. Before
using this Site, you must thoroughly review this Agreement in its
entirety. This Agreement is a binding legal document that defines
your rights and obligations with respect to your use of this Site.
Please refer to the definitions in Section U below for meanings
of all defined terms appearing in this Agreement. You indicate your
acceptance of this Agreement by taking any one of the following
actions: (1) using this Site in any manner whatsoever; (2) clicking
on the Consumer Portal link to enter the Consumer Portion of the
Site; or (3) registering as a Registered Consumer User so you may
access certain Restricted Areas of this Site. You may only access
and use this Site if you agree to be bound by the terms and conditions
stated in this Agreement. If you do not agree to the terms of this
Agreement, do not access or use this Site in any manner whatsoever.
As provided elsewhere in this Agreement, we may revise this Agreement
at any time in our sole discretion. We will post the revised Agreement
on this Site. At our option, we may also provide you other notice,
such as by email, of the revision of this Agreement. You agree you
will periodically review this Agreement for changes when visiting
our Site. If at any time you do not agree to the revisions we make
in this Agreement, please do not access or use this Site in any
B. Registration for Site Use. This Site
consists of Public Areas and Restricted Areas. Upon acceptance of
this Agreement, you may freely use the Public Areas of the Site.
Access and use of Restricted Areas of this Site requires you to
become a Registered Consumer User. Registered Consumer Users may
also be permitted to personalize their home page and have their
Account identifier and Password saved automatically. The registration
process is simple and free. Until you become a Registered Consumer
User, you may not access, and you agree not to access, the Restricted
Areas of this Site.
C. Account and Password Security. If you
become a Registered Consumer User, you are responsible for maintaining
the strict confidentiality of your Account identifiers and Passwords.
You are responsible for any charges, damages, or losses that may
be incurred or suffered as a result of your failure to maintain
the strict confidentiality of your Account identifiers and Passwords.
We are not liable for any harm caused by or related to the theft
of your Account identifiers or Passwords, your disclosure of your
Account identifiers or Passwords, or your authorization to allow
another person or entity to access and use the Site, the Services
and/or the Content using your Account identifier and Password. You
agree to immediately notify us if you become aware of any unauthorized
use of your Account identifier or Password or any use of your Account
identifier or Password not permitted pursuant to this Agreement.
policy to respect and protect your privacy and the privacy of personal
be directed to info@Netsmart.com. We do not collect personally
identifiable information about you except when you specifically
provide such information to us on a voluntary basis. Please note
that we may, through the use of cookie technology (see below), collect
a record of how and when you access and use this Site, the Content,
and Services and that such information is considered to be personally
identifiable information that is voluntarily given by you. However,
personally identifiable information is stored on a separate server
as a reasonable security precaution, and will not be sold or otherwise
transferred to Sponsor/Advertisers without your prior consent, except
that we will disclose the information we collect to third parties,
e.g., governmental agencies, when, in our good faith judgment, we
and other voluntarily submitted information may be used by us to
provide our personnel with information that is useful in developing
and improving features and services for you and to assist us in
providing to you advertising appropriate for your apparent interests.
In addition, in the future, Netsmart may select Sponsor/Advertisers
who will offer to send you information about products and services.
If Netsmart decides to offer such distribution of information,
it will ask individual users to "opt in" to this program
and select an option that will preclude the sending of any such
information from Sponsor/Advertisers. We reserve the right to perform
statistical analyses of behavior and characteristics of persons
who use our Site in order to measure interest in and use of the
various areas of the Site and to inform advertisers of such information.
We will provide only aggregate data from these analyses to Sponsor/Advertisers
and others; no personally identifiable information will be disclosed.
We may sometimes permit Sponsor/Advertisers to offer subscription
and/or registration-based services through this Site. In this event,
we are not responsible for any actions or policies of such third
Sponsor/Advertiser before providing personally identifiable information
to them. You should be aware when you voluntarily disclose personally
identifiable information in postings to public forums on or accessible
through the Site (such as chat rooms, bulletin boards, mail lists,
and discussion groups, if any) that this information, along with
any medical facts disclosed in the your posting, can be collected
and correlated and used by third parties and may result in unsolicited
messages from third parties. Such activities are beyond our control.
We are committed to protecting the privacy of children. You should
be aware that this Site is not intended and/or designed to attract
children under the age of 13. We do not collect personally identifiable
information from any person we actually know is a child under the
age of 13. We may employ cookie technology to allow you to have
a personalized experience when using the Site and to navigate the
Site more quickly. Cookies are small text files a Site can use to
recognize repeat users and facilitate the user’s ongoing access
to and use of the Site. Generally, cookies work by assigning a unique
number to the user that has no meaning outside the assigning Site.
Content Providers and Sponsor/Advertisers hosting data for us. However,
there is a simple procedure in most browsers that allows the user
to deny or accept the cookie feature. Please note that your acceptance
of cookies may be necessary to provide you with certain features
(for example, customized delivery of information) available on this
E. General Health Information and Medical Disclaimers.
This Site is designed to offer general health information
for educational purposes only. The health information furnished
on this Site and the interactive responses furnished by or through
this Site, including information provided by health care professionals
through interactive "Q&A" services we may offer in
the future, are not intended or implied to be professional advice
and are not intended to replace personal consultation with a qualified
physician, pharmacist or other health care professional. You must
always seek the professional advice of your own physician, pharmacist
or other health care professional for questions related to your
disease, disease symptoms, and appropriate therapeutic treatments.
If you have or suspect that you have a medical problem or condition,
please contact a qualified health care provider immediately. YOU
SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE
OF SOMETHING YOU HAVE READ ON THIS SITE. Some Content may include
information on drugs, tests and treatments that may not be commonly
accepted medical practice. We do not adhere to or advocate any specific
philosophy of treatment. Although products, tests or procedures
may be mentioned in the Content, we do not recommend or endorse
them. You understand that the Content may contain unedited materials,
some of which are sexually explicit and may be offensive to you.
We do not make any warranty that the Content satisfies government
regulations requiring disclosure of information on prescription
drug products. We do not give medical advice, nor do we provide
medical or diagnostic services. Medical information changes rapidly.
While we believe our Content Providers exercise commercially reasonable
efforts to provide accurate, unbiased, and current information,
we cannot guarantee that this is always the case. Most Content on
this Site is provided to us by our Content Providers. We have not
examined the Content for accuracy, timeliness, completeness, appropriateness
or helpfulness. Your reliance upon information and Content obtained
by you at or through this Site is solely at your own risk. We assume
no liability or responsibility for damage or injury (including death)
to you, other persons or property arising from any use of any product,
information, idea or instruction contained in the Content or Services
provided to you.
F. Your Use of Content. The Content consists
of copyrighted works proprietary to our Content Providers and/or
to us. You may download and print a single copy of the Content solely
for your personal, non-commercial use. Any Content you download
or print may not be altered in any way and must contain the following
copyrighted notice: "Copyright © 1999 Netsmart Technologies.
All Rights Reserved" or the other copyright and proprietary
rights notices which were contained in the such Content. Any other
use of the Content, either in whole or in part for any other reason,
including but not limited to modification, reproduction, retransmission,
distribution, dissemination, sale, publishing, broadcast and circulation,
is expressly prohibited without our prior written permission. ANY
UNAUTHORIZED OR UNAPPROVED USE OF ANY OF CONTENT CONSTITUTES COPYRIGHT
INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES
PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND
TREATIES. The Content may be watermarked, contain identification
codes, and use other means to trace its origin and use. We or our
Content Providers may actively search for unauthorized use of our
G. Fees and Payment Terms. At present,
there are no fees charged by us for your access to and use of this
Site. You may be charged fees for access to and use of websites
of our Sponsor/Advertisers, and/or as a result of purchasing products
or services from our Sponsor/Advertisers. We always recommend that
you determine the existence and amount of fees, if any, you may
be charged before using the websites of our Sponsor/Advertisers
or purchasing products or services from them.
H. Advertisements and Solicitations. The
Site may contain advertisements placed by or on behalf of our Sponsor/Advertisers.
These advertisements may contain links to other websites. You should
be aware that Netsmart may accept fees from Sponsor/Advertisers
or others in exchange for allowing these Sponsor/Advertisers to
advertise services or products that they market and sell to you.
The Sponsor/Advertisers may also provide financial support for developing
the Content or Services made available to you through this Site.
Our reference to any products or services of Sponsor/Advertisers,
hypertext link to sites operated by Sponsor/Advertisers, or reference
to products, services or other information by trade name, trademark,
supplier or otherwise does not constitute or imply endorsement,
sponsorship, or recommendation of the goods and services by us.
UNLESS EXPRESSLY STATED BY US, WE DO NOT RECOMMEND OR ENDORSE PARTICULAR
PRODUCTS OR SERVICES OF OUR SPONSOR/ADVERTISERS OR OTHERS AS BEING
EITHER NECESSARY OR APPROPRIATE FOR YOU. WE ASSUME NO LIABILITY
TO YOU OR ANYONE ELSE FOR THE PRODUCTS AND SERVICES PROVIDED BY
OUR SPONSOR/ADVERTISERS. You hereby waive and hold us harmless against
any and all claims you may have regarding their products or services.
In addition, in the future, we may select Sponsor/Advertisers who
will offer to send you relevant information about their products
and services. If we decide to offer such distribution of information,
we will provide a process for you to "opt out" of any
such program operated by our Sponsor/Advertisers.
I. Private Mail Service. The Private Mail
Service permits you to send and receive email over the Internet.
The Private Mail Service is described as "secure" because
the text of email message is encrypted if sent to another user’s
Netsmart Private Mail account. YOU ACKNOWLEDGE AND AGREE THAT
THE TEXT OF EMAIL MESSAGES SENT TO RECIPIENTS WHO ARE NOT WITHIN
THE Netsmart PRIVATE MAIL NETWORK, AND ALL ATTACHMENTS TO MESSAGE,
ARE NOT SECURE. In addition, you also acknowledge and agree that
no form of encryption is fool proof. You agree to take all steps
necessary to ensure the text of your email messages and all attachments
to your email messages are secure.
J. Chat Rooms, Bulletin Boards, Mail List, and
Certain Private Mail Terms. You may be permitted to access
and use chat rooms, bulletin boards, mail lists and other forms
of group electronic communications through this Site, or through
the use of the Private Mail Service available to you through the
Site. If you use or participate in such electronic forums, either
through use of the Private Mail Service or otherwise, you are responsible
for your own communications and the consequences of posting your
communications. If you choose to post material using such electronic
forums, you agree to do so solely for lawful purposes. You expressly
agree that you will not: (1) post any defamatory, libelous, abusive,
harassing, threatening, obscene, or indecent material of any kind,
including, without limitation, material which encourages conduct
that would constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, federal, or international
law; (2) post any material, including, without limitation, text,
images, and audio that infringe on and/or violate the copyright
or any other personal or proprietary right of a third-party or any
law; (3) post any material that would invade the privacy of any
other person; (4) post any material intended to advertise to, sell
to, or to solicit others without the express permission of us; (5)
post charity solicitations, chain letters or pyramid schemes; (6)
post any material, including, without limitation, software which
contains a virus, worm, unauthorized code, "trojan horse",
"time bomb", or any other harmful or deleterious program
or component; (7) post any material that does not generally pertain
to the designated topic or theme of this Site; (8) after receiving
warning, continue to post material which we have advised you not
to post; (9) create a false identity or forged email address or
header, or otherwise attempt to mislead others as to the identity
of the sender or the origin of the message; (10) post, generate
or disseminate so-called "spam" or mass-mailings; (11)
allow anyone else to use your Account and Password to post or view
comments; (12) harvest or otherwise collect information about others,
including email addresses, without their consent; (13) violate any
U.S. law regarding the transmission of technical data or software
exported from the United States through the Service; (14) interfere
with or disrupt networks connected to the Site, or used for purposes
of delivering the Content or the Services (or violate the regulations,
policies or procedures of such networks); (15) attempt to gain unauthorized
access to the Restricted Areas of the Site, other accounts, computer
systems or networks connected to the Site, through password mining
or any other means; and (16) interfere with another of our user’s
use and enjoyment of the Site. We do not screen posted material
in advance and we are not responsible for screening or monitoring
material posted by you or any other person or entity in such electronic
forums. If notified by one of our users of any material which is
alleged not to conform to the terms of this Agreement, we may investigate
the allegation and determine in our sole discretion to remove or
request the removal of the material. We reserve the right to remove
material that is abusive, illegal, disruptive, or that otherwise
fails to conform with this Agreement. We reserve the right to edit
or delete any material posted on our Site, regardless of whether
such material violates these standards for content. We have no liability
or responsibility to you or any other person or entity for performance
or nonperformance of the screening activities set forth above. We
further do not represent, warrant or guarantee the truthfulness,
accuracy, or reliability of any of the material posted by in such
electronic forums. We also do not endorse any opinions expressed
in such electronic forums. YOU ACKNOWLEDGE THAT ANY RELIANCE ON
CONTENT POSTED IN SUCH ELECTRONIC FORUMS IS AT YOUR OWN RISK. You
hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual
license, with right to sublicense, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform
any materials and other information you submit to Public Areas of
this Site (including, without limitation, the electronic forums
referenced above) by all means and in any media now known or hereafter
developed for any use or purpose.
K. Software. To facilitate your access
to and use of our Site, the Services or the Content, we may make
Software available to you. The terms of your use of the Software
will be stated separately in a license agreement that will be included
with the Software. You agree to only use the Software in a manner
permitted pursuant to such license agreements.
L. Intellectual Property Ownership. You
agree that we (or our Content Providers or Sponsor/Advertisers)
own all worldwide rights, titles and interests in and to this Site,
the Services and the Content. You acknowledge and agree that this
Site, the Services and the Content are copyrighted and are subject
to protection under domestic and international copyright laws and
treaties as well as other laws relating to intellectual property
rights. Netsmart, the Netsmart logo, and other marks clearly
identified in the Site as ours are our trademarks. You may not use
our marks without our written permission. All other names, brands
and marks are used for identification purposes only and may be trademarks
or registered trademarks of their respective owners. All rights
not expressly granted in this Agreement are reserved to us. No other
rights or licenses, whether express, implied, arising by estoppel,
or otherwise are conveyed or intended by this Agreement.
M. Bookmarking and Linking. You may create
a bookmark in your browser to this Site. Otherwise, you may not
create a link to this Site without our prior written approval, including
a link on a publicly accessible website. All permitted links may
only be to the home page of this Site.
N. Links to Third Parties. We provide links
on our Site to third party websites for your convenience. These
third part websites are not under our control and we are not responsible
for such third party websites. Your use of such third party websites
is at your own risk and we are not liable to you for any loss or
damage you may suffer by your use of such websites. You hereby waive
any and all claims you may have against us regarding our inclusion
of links to such third party websites or your use of those websites.
Unless expressly stated to the contrary by us, our inclusion of
links to such Third Party websites do not reflect our approval,
endorsement or recommendation of such websites.
O. General Disclaimers. OUR SITE, THE SERVICES,
AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL
FAULTS" BASIS. WE (AND OUR CONTENT PROVIDERS AND SPONSOR AND/OR
ADVERTISERS) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR
WARRANTIES ARISING BY VIRTUE OF COURSE OF DEALING OR CUSTOM OF TRADE.
WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT OR INFORMATION
ON OR AVAILABLE THROUGH THIS SITE IS ACCURATE, COMPLETE, APPROPRIATE,
RELIABLE, OR TIMELY. WE (AND OUR CONTENT PROVIDERS AND SPONSOR AND/OR
ADVERTISERS) ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR
ACCESS TO AND USE OF THE SITE, THE SERVICES OR THE CONTENT WILL
BE UNINTERRUPTED OR ERROR-FREE, OR THAT OUR SITE, THE SERVICES OR
THE CONTENT IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL
COMPONENTS. WE (AND OUR CONTENT PROVIDERS AND SPONSOR AND/OR ADVERTISERS)
FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, THE
SERVICES OR CONTENT IS YEAR 2000 READY OR COMPLIANT. YOU ACKNOWLEDGE
THAT YOUR USE OF OUR SITE, THE SERVICES AND THE CONTENT IS AT YOUR
OWN RISK. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE
NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE,
LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THIS SITE,
THE SERVICES OR THE CONTENT. YOU (AND NOT US OR OUR CONTENT PROVIDERS
AND SPONSOR/ADVERTISERS) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE, THE
SERVICES AND/OR THE CONTENT. WE RESERVE THE RIGHT TO CHANGE OR DISCONTINUE
AT ANY TIME ANY ASPECT OR FEATURE OF THIS SITE. Some jurisdictions
do not permit the exclusion or limitation of implied warranties.
Therefore, only if required by applicable law, some or all of the
exclusions or limitations above may not apply to you. You may have
other rights from jurisdiction to jurisdiction.
P. Exclusion of Consequential Damages. UNDER
NO CIRCUMSTANCES WHATSOEVER WILL WE (OR OUR CONTENT PROVIDERS AND
SPONSOR AND/OR ADVERTISERS) BE RESPONSIBLE OR LIABLE TO YOU OR ANY
OTHER PERSON OR ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL,
CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES),
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE
IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THIS SITE, THE SERVICES
AND/OR THE CONTENT, OR YOUR USE OR RELIANCE ON THE CONTENT AND INFORMATION
PROVIDED ON OR THROUGH THIS SITE, OR (2) ERRORS, INACCURACIES, OMISSIONS,
DEFECTS, UNTIMELINESS, OR ANY OTHER FAILURE TO PERFORM BY US OR
OUR CONTENT PROVIDERS OR SPONSOR AND/OR ADVERTISERS. THE FOREGOING
EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE (OR OUR CONTENT PROVIDERS
OR SPONSOR/ADVERTISERS) HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. Some jurisdictions do not permit the exclusion of
certain types of damages. Therefore, only if required by applicable
law, some or all of the exclusions above may not apply to you. You
may have other rights from jurisdiction to jurisdiction.
Q. Limitation of Liability. IF, NOTWITHSTANDING
THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN
YOU AND US), WE (OR OUR CONTENT PROVIDERS OR SPONSOR AND/OR ADVERTISERS)
SHOULD HAVE ANY LIABILITY TO YOU FOR ANY LOSS, HARM OR DAMAGE, YOU
AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS)
AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE
LESSER OF $1,000 OR THE FEES YOU PAID US DURING THE THREE (3) MONTHS
IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT
YOU CONTEND GAVE RISE TO YOUR CLAIM. YOU AND WE (ON BEHALF OF OURSELVES
AND OUR CONTENT PROVIDERS AND SPONSOR AND/OR ADVERTISERS) AGREE
THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION
OF RISK BETWEEN YOU AND US (AND OUR CONTENT PROVIDERS AND SPONSOR
AND/OR ADVERTISERS) AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU
TO USE THIS SITE, THE SERVICES AND THE CONTENT. YOU ACKNOWLEDGE
THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD
NOT PROVIDE THE SITE, THE SERVICES OR THE CONTENT TO YOU.
R. Indemnity. You agree to defend, indemnify
and hold us (and our Content Providers and Sponsor/Advertisers)
harmless against any and all losses, expenses, costs or damages
(including our reasonable attorneys’ fees, expert fees’
and other reasonable costs of litigation) arising from, incurred
as a result of, or in any manner related to (1) your breach of the
terms of this Agreement, (2) your unauthorized or unlawful use of
this Site, the Services, or the Content, and (3) the unauthorized
or unlawful use of this Site, the Services, or the Content by any
other person using your Account identifier and Password.
S. Arbitration. You agree that any controversy
or claim arising out of or relating to this Agreement, including
its formation, performance or beach, as well as any related action
in tort, shall be settled by arbitration in Sacramento, California
administered by the American Arbitration Association in accordance
with its applicable Commercial Arbitration Rules. A single arbitrator
who is an attorney licensed to practice law in the State of California
with a minimum of ten (10) years experience in contract disputes
involving medical information data processing shall be selected
to serve as arbitrator pursuant to the rules of the American Arbitration
Association. Such arbitrator shall have the authority to award any
remedy or relief that a court of the state of California or any
federal court could order, including specific performance of any
obligation created under this Agreement, an award of actual, liquidated,
or punitive damages, the issuance of an injunction, or the imposition
of sanctions for abuse or frustration of the arbitration process.
Judgment on the award rendered by the arbitrator may be entered
in any court having jurisdiction thereof. You hereby submit to the
personal jurisdiction of the state and federal courts sitting in
Sacramento County, California. You and us shall each bear one-half
of the arbitrator's fees and expenses. The arbitrator shall award
reasonable attorneys' fees and costs to the prevailing party, such
costs to include out-of-pocket expenses, experts' fees, arbitrator's
fees and administrative fees incurred in the arbitration, and all
T. Certain Additional Disclosures. The
entity offering this Site is Netsmart Technologies, a company incorporated
in the State of Delaware, USA. At present, there are no charges
to you to access and use this Site, although as noted above, your
access to and use of websites of our Sponsor and/or Advertisers,
or your purchase of products and services from Sponsor and/or Advertisers,
may cause you to incur certain charges. All complaints concerning
this Site, the Services or the Content should be reported to: info@Netsmart.com.
All complaints received are duly investigated within a reasonable
time. You will be notified of the resolution, if any, of your complaint,
by email or in writing provided you have furnished with your email
address or physical address.
U. Miscellaneous Terms.
Other Restrictions. In addition to the
terms and conditions of this Agreement, you must abide all other
terms, conditions, and restrictions contained in any other agreement
you have with us or stated elsewhere in this Site. The terms of
this Agreement shall control over any conflicting terms of any other
agreement you may have with us.
Termination. Your right to access and use
the Site, the Services and the Content immediately terminates without
further notice upon your violation of any of the terms and conditions
of this Agreement. We may also terminate this Agreement at any time,
with or without cause, or terminate your right to use this Site
or Content at any time, with or without cause. We may cease offering
this Site at any time.
Amendments. We reserve the right to make
changes to this Agreement at any time without advance notice. We
agree to post all amended forms of this Agreement upon the Site
and such amended forms shall be effective immediately upon our posting
of the same. Also, we may, in our sole discretion, provide email
notice to you. It is at all times, however, your responsibility
to read the most current form of this Agreement before using this
Site, the Service and/or the Content, to insure that you agree to
the terms and conditions of the then current version of the Agreement.
You agree that these standards for notice of amendments to this
Agreement are reasonable.
Governing Law. This Agreement is governed
by the laws of the State of California, without giving effect to
any principles of conflicts of law and not including the provisions
of the United Nations Convention on Contracts for the International
Sale of Goods. In rendering an award pursuant to an arbitration
action, the arbitrator shall determine the rights and obligations
of the parties according to the substantive and procedural laws
of the State of California.
Access from Outside the U.S. We are based
in Sacramento, California USA. We make no claims the Services or
Content is appropriate or may be downloaded outside of the United
States. Access to or use of the Services or the Content may not
be legal by certain persons or in certain countries. If you access
and/or use our Site, Services and/or Content from outside the United
States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction.
Export Control. Some Content and Software
may contain software and/or other information subject to U.S. Export
Control Laws. You agree to comply with such the U.S. Export Control
Laws and not to export or re-export the Content and Software to
countries or persons prohibited under U.S. Export Control Laws.
By downloading the Content and/or Software, you are agreeing that
you are not in a country where such export is prohibited or are
a person or entity to which such export is prohibited. You are responsible
for compliance with the laws of your local jurisdiction regarding
the import, export, or re-export of the Content and Software.
U.S. Government Restricted Rights. The
Software and Content are made available only with RESTRICTED RIGHTS.
All use, duplication, or disclosure of the Software or the Content
by the Government is subject to restrictions as set forth in subparagraphs
(c)(1)(ii) of the Rights in Technical Data Computer Software Clause
at DFARs 252.22-70013 and/or subparagraphs c(1) and c(2) of the
Commercial Computer Software Restricted Rights Clause at 48 C.F.R.
Section 52.227-19, as applicable. The contractor/vendor/manufacturer
Netsmart Technologies, 11060 White Rock Road, Suite 210, Rancho Cordova, CA 95670 U.S.A.
Waiver. The waiver by us of a breach of
any provision of this Agreement shall not operate or be construed
as a waiver of any other or a subsequent breach of the same or a
Interpretation. In respect to all defined
terms in this Agreement, the singular shall include the plural and
Assignment. We may freely assign our rights
under this Agreement. You may not assign your rights under this
Agreement without our prior written permission, which may be refused
in our sole discretion. Any attempt by you to assign your rights
under this Agreement without our permission shall be void.
Severability. If any provision of this
Agreement shall be held by a court of competent jurisdiction to
be contrary to law, the remaining provisions of this Agreement shall
remain in full force and effect.
Survival. The following provisions survive
the expiration or termination of this Agreement for any reason whatsoever:
General Disclaimers, Exclusion of Consequential Damages, Limitation
of Liability, Indemnity, and Arbitration.
Entire Agreement. This Agreement contains
the entire agreement between you and us relating to the subject
matter hereof, and supersedes any other oral or written communications
relating thereto. No provision appearing on any purchase order,
confirmation form, or other form originated by you relating to the
subject matter hereof shall serve to alter or add to the terms of
this Agreement. No statements of any of our employees may amend,
vary or supplement the terms and conditions of this Agreement. This
Agreement may only be modified by us by posting an amended version
of this Agreement to our Site.
Glossary. As used in this Agreement, the
following terms shall have the following meanings:
"Account" means the account
we establish for you when you become a Registered Consumer User.
"Agreement" means all the
terms for use of this Site under the heading "Terms of Site
Use and Other Legal Matters".
"Content" means the text,
images, and audio that are contained on or made available to you
through this Site. Most of the Content is provided to us by Content
"Content Providers" means
the third parties that furnish us Content to make available to you.
"Password" means the alphanumeric
string assigned to or selected by you when you become a Registered
Consumer User. The Password, when used with a valid Account, permits
you to access certain Restricted Areas of this Site.
"Public Areas" means any portion
of this Site that is intended by us to be accessed and used without
an Account or Password.
"Registered Consumer User" means an individual who has successfully completed Registration
and has been issued an Account and Password.
"Registration" means the enrollment
process necessary for the creation of an Account and Password for
Registered Consumer Users.
"Restricted Area" means any
portion of this Site that is intended by us to require an Account
and Password to access and use. Not all Restricted Areas are accessible
by Registered Consumer Users.
"Service" means any on-line
application or service made available for your use on or through
"Site" means this Netsmart
website. We reserve the right to discontinue or make changes to
this Site at any time.
"Software" means any software
that we provide you (by download, email, or otherwise). Software
is generally subject to a separate software license agreement that
is provided to you with the Software.
"Sponsor and/or Advertiser" means (1) the third parties that participate or offer to participate
in e-commerce or other transactions with you or for your benefit
through this Site, including vendors, advertisers, payors, labs,
insurance companies, pharmacies, pharmaceutical companies, employers,
and the like, and (2) the third parties that we permit to link to
this Site or to advertise, market or solicit goods or services to
you, whether through the Site or by other form of contact, e.g.,
direct mail or email.
"Netsmart" means Netsmart
Corporation, a company incorporated in the State of Delaware USA.
"We" "us" and "our" refer to Netsmart Technologies, and its subsidiary and affiliated
"You" and "your" refers
to you, the individual who has agreed to be bound by the terms and
conditions of this Agreement, as well as anyone to whom you have
provided or allowed access to your password.
V. Refund Policy
Helper software comes with a 30 day in-house money back guarantee. The program must be returned, unregistered, (in house) within thirty days from the date of purchase. There are no returns on software that has been registered. This applies to new program purchases only.
Upgrades and maintenance contracts are non-refundable.
As of the year 2002 Therapist Helper will no longer be sold as a small group program, but sold by individual provider.
Maintenace renewal will be based on indvidual provider and will no longer be sold by small group programs.
A current maintenance contract is required to purchase and use Traveler, expedite, and SecureConnect. Product upgrades will not be sold without a maintenance contract.
Helper software does not support wireless networks or peer-to-peer.
Email and Communication Opt Out Policy
You may always opt out of receiving future communications from Netsmart Technologies. Emails contain an unsubscribe option, but to opt-out of any other communications, please contact us at firstname.lastname@example.org.