Description of services

Novus Health provides you with access to an electronic health record and practice management SaaS solution. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms.

 

No resale of services

Your right to use the services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services unless provided for under a separate agreement.

 

Privacy and protection of personal information

See the Privacy Statement for disclosures relating to the collection and use of your information.

 

Account, password and security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur by all users associated with your account.

 

You agree to notify Novus Consulting LLC immediately of any unauthorized use of your account or any other breach of security. Novus Consulting LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Novus Consulting LLC or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

 

No unlawful or prohibited use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Novus Consulting LLC server, or the network(s) connected to any Novus Consulting LLC server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Novus Consulting LLC server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You will not use or register the name Novus Consulting LLC, Novus Health, or any other trade name or trade mark of Novus Consulting LLC without express, prior permission, and you will not obstruct the identification procedures used by Novus Consulting LLC in the services.

 

You represent that the information submitted for transmission via the Novus Consulting LLC network and platform for EHR and practice management services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws or transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do Not Call provisions, faxing, data privacy, international communications, and export of technical or personal data.

 

Use of services and customer responsibilities

You are fully responsible for the contents of your transmissions through the Services. However, Novus Consulting LLC reserves the right to take any action with respect to the Services that Novus Consulting LLC deems necessary or appropriate in its sole discretion if Novus Consulting LLC believes you or your information may create liability for Novus Consulting LLC , compromise or disrupt the Services for you or other Customers, or cause Novus Consulting LLC to lose (in whole or in part) the services of Novus Consulting LLC ‘s ISPs or other suppliers. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures.

 

Novus Consulting LLC has no control of the content of the information passing through the Services. Novus Consulting LLC does not:

• Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service;

• Assume liability for any harassing, offensive or obscene material distributed through the Service by you or others under your account, Assume any liability for any material distributed through the Service by you or others under your account which is distributed in violation of any third party’s copyright or other intellectual property right;

• Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001 193, FTC regulations, and the Can Spam Act.

 

You agree to provide true, current, accurate and complete customer information as prompted by the registration form, and you agree to notify Novus Consulting LLC promptly of any changes to this information as required to keep it current, complete and accurate.

Novus Consulting LLC reserves the right at all times to disclose any information as Novus Consulting LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of all services provided by Novus Consulting LLC platform (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

You must obtain and pay for all equipment and third party services (e.g., Internet access and email service) required for you to access and use the Services.

By using the service, you agree to allow Novus Consulting LLC to use your Company Names and Logos in case studies, promotional materials, or other write-ups, unless you request otherwise.

 

Ownership

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Novus EHR and Practice Management platform are wholly owned by Novus Consulting LLC and/or its licensors and service providers except where expressly stated otherwise.

 

Disclaimer of Warranties and Limitation of Liability

Novus Consulting LLC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. Novus Consulting LLC FURTHER EXPRESSLLY DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This disclaimer includes loss of data resulting from delays, non deliveries, wrong deliveries, and any or all service interruptions caused by the negligence of Novus Consulting LLC and its employees or by Customer’s errors and omissions.

Novus Consulting LLC its affiliates, and their respective officers, directors, agents, employees, suppliers and shareholders shall not be liable and are not responsible for any loss or damage Customer suffers, or any party claiming through or under Customer, as a result of, or related to, the use of the Service including, but not limited to:

• performance of the Internet;

• performance of the telephone network;

• loss or damage resulting from delays, computer virus or interruption of the Service, including deletion or failure to store messages, regardless of cause;

• loss or damage to Customer’s equipment, facilities, software or data, arising from mistakes, omissions, interruptions, delays, errors, non delivery, incorrect delivery, viruses or defects in the transmission of information or data on the Internet;

• or any indirect, incidental, special, punitive or consequential damages, including but not limited to, lost revenues or profits, resulting from or relating in any way to the use of the Service even if the Novus Consulting LLC. Entities have been advised of the possibility of such damages.

 

You agree to indemnify and hold Novus Consulting LLC and its agents harmless from any and all claims, losses, damages, judgments, expenses and costs (including any attorney’s fees and expenses) arising out of your use of the service, your violation of the terms of this agreement, and the delivery of any of your documents using the service, or the infringement of any trademark or copyright by you.

 

Termination

Novus Consulting LLC reserves the right to suspend or terminate services if Novus Consulting LLC , in its sole discretion, believes that the service is used for a purpose that is unlawful or prohibited by these terms, conditions, and notices Novus Consulting LLC shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. Novus Consulting LLC shall have no obligation to maintain any messages or other content in your account or forward any unread or unsent message to you or any third party.

 

Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.

If you have a signed “Pricing Proposal” the termination provision found in the Pricing Proposal applies.

 

Jurisdiction and Governing Law

You agree that these Terms shall be governed by and construed in accordance with the laws of the state of Maryland, and you hereby consent and attorney to the jurisdiction of such province and agree that all disputes shall be tried in the state of Maryland in the City of Baltimore. You expressly waive any right, and agree not to have any dispute under the Terms tried or otherwise determined by a jury, except where required by law.