TECHMEDX TERMS OF SERVICE
- CONTRACTING ENTITY
You are contracting with Concise Computer Solutions, LLC, dba TechMedX, 6503-B Sydenstricker Rd. Burke Virginia, 22015
- ACCOUNTS AND FEES
You must register with TechMedX to use the Services, and you agree to keep your registration information accurate, complete and up to date as long as you continue to use the Services. TechMedX currently offers various fee-bearing accounts offering larger storage capacities and other feature enhancements (“Paid Accounts”). If you sign up for a Paid Account, you agree to pay the fixed subscription and variable usage-based fees, if any, for the account type you have selected and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you exceed any quota allocated to your account, you agree that TechMedX may restrict your ability to backup further data until you reduce your storage usage or sign up to another type of account with a higher quota or no quota at all. If you use a credit card for payment, you authorize TechMedX to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account unless you notify TechMedX before expiration of your current subscription that you do not want to renew.
- PASSWORDS AND SECURITY
You can choose to manage your own passwords and encryption codes or have TechMedX manage your password and encryption codes. If TechMedX manages your password and encryption you acknowledge this gives their authorized officials access to all information uploaded to our servers. TechMedX officials use this information only to assist in the backup and restoration of your information.
If you choose to manage your own encryption you are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. If you lose your passwords or the encryption keys for your accounts, you may not be able to access your backup data.
You must notify TechMedX immediately of any unauthorized use of your accounts or any other security breach related to the Service. If TechMedX determines that a security breach has occurred or is likely to occur, TechMedX may suspend your accounts and require you to change your user names and passwords.
- USE OF SERVICES AND SOFTWARE
Subject to these Terms, TechMedX grants you a limited, non-exclusive, non-transferable and revocable license to access the Site and use the Services and Software. You may install and use the Software in executable form only on the number and type of devices that are specified in the then-current documentation for your account type as described on the Site or as specified in other transaction documentation provided by TechMedX. You acknowledge that certain third-party code may be provided with the Software and that the license terms accompanying that code will govern its use.
You acknowledge that TechMedX or third parties own all right, title and interest in and to the Products, including all intellectual property rights. Except for the license granted in these Terms, TechMedX and its licensers retain all rights in the Products, and no implied licenses are granted to you.
You specifically agree that you will not, nor will you permit another person to:
- sublicense, lease, rent, loan, transfer, or distribute any portion of the Products;
- modify, adapt, translate, or create derivative works from the Products;
- decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Products; or
- remove, obscure, or alter any trademark, copyright, or other proprietary rights notices displayed in the Software or on the Site.
Any Software you have installed may periodically check with TechMedX for updates, and you agree that TechMedX may automatically download and install such updates on your devices.
- SHARED CONTENT
The Products may enable you to share or synchronize your files between your own devices or with devices owned or controlled by third parties. If you choose to use any such features, you agree that your use of these features, including any content submitted by you, shall be at your sole risk and responsibility. You also agree that you have obtained all necessary rights and licensees to any such content. You hereby grant TechMedX a worldwide, royalty-free, nonexclusive license to use any such content as part of the Services, and in relation to the Products, without any compensation to you or others. TechMedX reserves the right to refuse to post or remove any such content at any time at its sole discretion without notice or liability.
- COMPLIANCE WITH LAWS AND ACCEPTABLE USE
You are solely responsible for your conduct related to the Service and any data you store or share on the Service. You specifically agree that you will not use the Products to:
- violate any laws or regulations;
- infringe the intellectual property or other rights of third parties;
- transmit any material that is obscene or objectionable or that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.
- INTELLECTUAL PROPERTY PROTECTION
TechMedX respects the intellectual property of others and requires that users of the Service do the same. When you use the Products, you may not upload, store, share, display, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. If you commit repeated violations, TechMedX may terminate your accounts.
- USER INDEMNITY
You agree to defend, indemnify, and hold TechMedX, its suppliers, resellers, partners, and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with:
- your use of the Products;
- your violation of these Terms;
- your violation of any third party right, including any intellectual property right; or
- any claim that use of your data caused damage to a third party.
This indemnity obligation will survive the termination or expiration of your account and these Terms.
- CHANGES TO THE SERVICE AND TERMS
TechMedX reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part. In the event TechMedX anticipates that any such action will significantly affect your use of the Service in a negative way, TechMedX will endeavor to provide you with advance notice by email, an in-client message or by posting relevant information on the Site.
TechMedX reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Products following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Products immediately.
- TERM AND TERMINATION
These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing use of the Products.
TechMedX may terminate your account and these Terms immediately and without notice if you fail to renew your subscription, fail to pay any fees or invoices when due or otherwise fail to comply with these Terms.
On termination or expiration of your account or these Terms, you will no longer have the right to continue to use the Software and the Services, and you will no longer be able to access and restore your backup data. Also, you specifically agree that TechMedX has no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your backup data from TechMedX systems.
- ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and TechMedX and completely replace any prior agreements between you and TechMedX relation to the Products. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. The failure of TechMedX to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement. You agree that any claim or cause of action related to these Terms or the use of the Products must be filed within one (1) year after the cause of action arose or be forever barred.
- DISCLAIMER OF WARRANTIES AND HIPAA STATEMENT
YOU SPECIFICALLY AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TECHMEDX, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, TECHMEDX, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE PRODUCTS WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE PRODUCTS WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
UNLESS OTHERWISE AGREED IN WRITING BY TECHMEDX OR AN AUTHORIZED RESELLER, TECHMEDX DOES NOT INTEND THAT YOUR USE OF THE SERVICES WILL CREATE ANY OBLIGATIONS TO COMPLY WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND ANY RELATED REGULATIONS (“HIPAA”), AND TECHMEDX MAKES NO REPRESENTATIONS THAT THE SERVICES SATISFY HIPAA REQUIREMENTS. IF YOU ARE A “COVERED ENTITY” OR “BUSINESS ASSOCIATE,” YOU AGREE NOT TO USE THE SERVICES IN CONNECTION WITH ANY “PROTECTED HEALTH INFORMATION” (AS THOSE TERMS ARE DEFINED IN HIPAA) UNLESS AGREED IN WRITING BY TECHMEDX OR AN AUTHORIZED RESELLER.
- LIMITATION OF LIABILITY
YOU SPECIFICALLY AGREE THAT TECHMEDX, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS OR IN ANY WAY RELATING TO THE PRODUCTS.
YOU AGREE THAT THE AGGREGATE LIABILITY OF TECHMEDX, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO THE AMOUNT PAID FOR THAT ACCOUNT DURING THE ONE (1) YEAR PERIOD BEFORE THE RELEVANT CLAIM OR TWO-HUNDRED US DOLLARS ($200), WHICHEVER IS LOWER. YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TECHMEDX.
These Terms and the relationship between you and TechMedX will be governed by the laws of the State of Virginia, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Fairfax County, Virginia to resolve any dispute or claim arising from these Terms. As to intellectual property rights, you specifically agree that TechMedX may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You may not assign or transfer any of your rights or obligations under these Terms to a third party without the prior written consent of TechMedX. TechMedX may freely assign this Agreement.
- CONTACTING TechMedX
Users with questions about these Terms may contact TechMedX via: firstname.lastname@example.org.
Last revised: February 11th 2018
Terms of Service
By accepting these terms you are agreeing that TechMedX will automatically charge the selected amount of money, from the account you have chosen; every month until canceled. This transaction can be changed at any time with 24 hours notice. You credit Card will be saved on file with Square to process recurring charges.Changes can be made online or by contacting our company directly. If funds are unavailable your account will be charged and continue to incur new charges until made current. By accepting these terms you agree to pay for this service until canceled, and the software are fully removed from your computer. As long as the software remains on your computer you agree to pay the amount selected, even if the funds are not available by the chosen method.
Managed service plans are designed to help keep your computer up to date and alleviate the need for you to manage updating all your applications. Management plans DO NOT ensure that no problems will ever arise with your computer. However when or if they do we will be in a better position to quickly help resolve whatever issue may come up.
TechMedX reserves the right to refuse service to any one, at any time, and to remove any, and all software as part of service termination.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the siteplace an order and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information,
Users may, however, visit our Site anonymously.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
TechMedX collects and uses Users personal information for the following purposes:
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To process transactions
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To send periodic emails
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
6503 Sydenstricker Rd, Burke, VA 22015