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TERMS OF USE

These Terms of Use govern any use of the ABL websites, including, without limitation, all content such as text, information, images, and audio (collectively, Content) and all services (Services) made available through the TherapyEdge Web site (this site and the Content and Services are collectively referred to herein as the Site).

These Terms of Use constitute a legally binding agreement (Agreement) between ABL, SA. (ABL, we, us, or our) and the individual user or group/practice entity (Customer, you or your) using the Site, unless you have signed a separate agreement with ABL regarding your use of the Site, in which case the terms of the separate agreement shall govern.  By clicking on the "I Agree" button via the on-line registration process, or by otherwise accessing, using or browsing the Site, you acknowledge that you have read, understand and agree to be bound by these Terms of Use and to comply with applicable laws and regulations including, without limitation, United States export and re-export control laws and regulations.

ACCESS.  Your use of the Site is subject to your timely payment of subscription fees and any related charges, in accordance with the procedures identified in your license agreement.  As we add access to additional or improved services to our Site, we may require you to provide us or third parties with additional information, or to accept additional terms and conditions prior to enrolling in or using such services.  The Site will be accessible only by your authorized personnel identified in writing to ABL, in accordance with ABL's site administration procedures.  You are responsible for the acts or omissions by your personnel and their use of the Site, and for any damages incurred by you as a result thereof.

CONFIDENTIALITY OF PATIENT INFORMATION.  The Services provided through the Site enable you to store, access, transmit and receive medical, demographic and related information concerning your patients (Patient Information).  ABL agrees to take all steps reasonably necessary, consistent with our Privacy and Security Policy for the Site, to maintain Patient Information in the strictest confidence and to prevent the disclosure of such information to third parties except in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf and except as may be required or permitted by law. We reserve the right, in accordance with our Privacy and Security Policy for the Site, to use and disclose data from which information that could be used to identify an individual (such as names, social security numbers, and addresses) has been removed as required by applicable law.  Please read our Privacy and Security Policy for the Site (as the same may be amended or supplemented from time to time) carefully to ensure that you understand and agree to how we collect, use and protect information collected about you and your patients through the Site. 

LEGAL COMPLIANCE.  State and Federal laws, as well as ethical and licensure requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain Services or to transmit certain information to third parties. You agree that ABL, our licensors, and all other persons or entities involved in the operation of Services provided through the Site, have the right to monitor, retrieve, store, transmit, receive and use Patient Information in connection with the operation of such Services, and are acting on your behalf in storing, retrieving, receiving and transmitting Patient Information.  You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information you transmit, store, or receive in connection with the Site and the Services. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION MONITORED, STORED, RETRIEVED, TRANSMITTED OR RECEIVED USING THE SITE OR THE SERVICES.  ABL is only a service provider, and neither ABL nor the Site is a system of record. 

PRODUCT REPRESENTATIONS AND WARRANTIES.  ABL represents and warrants to Customer that:

1.     ABL will use appropriate technological and operational safeguards to protect the confidentiality of Patient Information and to reduce the risk of loss of Patient Information. These safeguards include encryption of electronically transmitted healthcare information, message and entity authentication, audit trails, emergency back up systems containing secure data, firewalls, anti-virus implementation and checks, and administrative security training and access limiting protocols.

2.     ABL will routinely review and update its technological and operational safeguards for compliance with applicable laws and regulations.

3.     ABL will execute Chain of Trust partner agreements with all third parties who may share, transmit, or process healthcare information and data electronically and will document and update its procedures periodically.

 

ABL's entire liability and Customer's exclusive remedy for breach of the foregoing warranties shall be, at ABL's option, either (a) cessation of use of the Site, and refund of all Customer Fees paid by Customer (minus the amount of Customer Fees for any period in which the Site worked properly); or (b) repair or replacement of the Site with a release upgrade by ABL.  This limited warranty is void if failure of the above services has resulted from abuse, misapplication, intentional or other acts that reasonably would likely result in failure of the Site performance in any manner caused by Customer, Customer's employees, agents or representatives.

CUSTOMER REPRESENTATIONS AND WARRANTIES. Customer represents and warrants to ABL that:

1.     Customer has the right to grant to ABL the rights and licenses granted in this Agreement on behalf of itself and any healthcare professional who treated the patient and created or submitted the Patient Information or other similar healthcare information;

2.     Customer will use appropriate measures to protect the security and confidentiality of the Patient Information (for example, by protecting passwords used to access Patient Information and by employing physical security measures for any computers that contain Patient Information);

3.     Customer has obtained any required authorization from patients for the release and disclosure of the Patient Information and any related information, subject to the terms of this Agreement;

4.     Only authorized personnel and representatives required to have access and who agree to be bound by this Agreement will have access to the Patient Information and related healthcare information; and

5.     The transmission, storage and display of Patient Information and related healthcare information pursuant to the terms of this Agreement shall not violate any law, judgment, order, injunction, decree, rule, regulation or ruling.

 

SECURITY.  The Site is intended by ABL to require a userID and password to access and use. Certain Services may require additional codes and/or authentication procedures. You are solely responsible for (1) maintaining the strict confidentiality of the userIDs, passwords and codes (collectively, IDs) assigned to you and your personnel, (2) instructing your personnel to not allow another person to use their IDs to access the Site, (3) ensuring that only properly trained and duly authorized Users are given access to the Site, (4) any charges, damages, or losses that may be incurred or suffered as a result of you or your personnels failure to maintain the strict confidentiality of their IDs, and (5) promptly informing us in writing of any need to deactivate an ID due to security concerns. ABL is not liable for any harm related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person or entity to access and use the Site using your IDs. You agree to immediately notify ABL of any unauthorized use of your IDs. 

LIMITATIONS ON USE.  The Content and Services available through the Site are the property of ABL or its licensees and are protected by worldwide copyright and other intellectual property laws. Content and Services received through the Site may be displayed, reformatted and printed only for limited, non-commercial use by you and your authorized personnel, provided that the copyright and other intellectual property notices appear in all copies. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the information received through the Site to anyone other than your authorized personnel. Under no circumstances may the name of ABL be used in any advertising or publicity without the express prior written permission of ABL.

All trademarks, service marks, trade names, trade dress and product names whether or not appearing on this website are protected in the United States and internationally, and they may not be used without the express prior written permission of ABL, except to identify the products or services of ABL. The following trademarks: TherapyEdgeTM, TherapyEdgeTM, TETM, HIV-TETM, Therapy ExpertTM, LogiCare, ViroScorer, HIVRes, are trademarks of ABL, SA. or its affiliates. Various aspects of the Site and its Services are subject to U.S. and International patents and patents pending, including U.S. Patents Nos. 6081786, 6188988, and 09/523532.  Please contact ABL for further details.

Nothing herein shall be construed as conferring any license or right under any ABL patent, copyright, trademark or other intellectual property right.  ABL will aggressively enforce its intellectual property rights on this website and its contents, to the fullest extent of the law.

NO MEDICAL ADVICE.  The Content and Services available through the Site are intended for informational and educational purposes only and are not a substitute for the professional judgment of the health care professional in diagnosing and treating patients.  ABL does not practice medicine, give medical advice or provide medical or diagnostic services, nor does ABL endorse drugs or recommend therapy.  In particular (and without limiting the generality of the foregoing), you expressly acknowledge your understanding that the listing and relative ranking of therapeutic options on the Sites "ViroScorer" and Therapy Evaluation pages represents only the level by which the patient characteristics input by you or on your behalf match the information in our database gathered from numerous sources, and is not an indication by ABL of the success of any regimen if prescribed for any particular patient. You expressly acknowledge and agree that ABL is not responsible for the results of your decisions resulting from the use of the Site, including, but not limited to, your choosing or not choosing a specific treatment based on the Content or Services. You shall ensure that all your personnel to whom you permit access to the Site are aware of the limitations of the use of the Site.

 

MEDICAL INFORMATION DISCLAIMER.  Every effort has been made to ensure that the Content and any other information provided in the Service is accurate, up-to-date, and complete, but no guarantee is made to that effect.  The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient.  Your reliance upon Content or Services obtained by you at or through the Site is solely at your own risk.  You shall ensure that all your personnel to whom you permit access to the Site are aware of the limitations of the use of the Site.

 

DISCLAIMER OF WARRANTIES.  THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN AS IS BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK.  EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE 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 COURSE OF DEALING OR CUSTOM OF TRADE.  WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT IT IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS. 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 THE 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.

 

EXCLUSION OF DAMAGES.  YOU UNDERSTAND THAT NEITHER US NOR ANY OF OUR LICENSEES OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, INJURY OR DAMAGE AS A RESULT OF YOUR USE OR MISUSE OF THE SITE OR ANY CONTENT, SERVICE OR INFORMATION AVAILABLE OR NOT AVAILABLE THROUGH IT. IN NO EVENT SHALL ABL, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE SITE SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, ANY SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, DAMAGES RESULTING FROM LOST RECORDS OR DATA, INTERRUPTION, DOWNTIME, INCORRECT LINKAGE, DELAY, INACCURACY OR OTHER NONPERFORMANCES, ANY DAMAGES RELATING TO YOUR USE OR RELIANCE UPON THE SITE OR THE CONTENT, SERVICES OR OTHER INFORMATION CONTAINED THEREIN OR WITH REGARD TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, NON-TIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY ABL OR ITS LICENSORS OR SUPPLIERS). THIS LIMITATION OF DAMAGES SHALL APPLY REGARDLESS OF WHETHER YOU OR ANYONE ELSE HAS ADVISED ABL OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow certain limitation of liabilities, so one or more of the above limitations may not apply to you.

 

LIMITATION OF LIABILITY.  IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE GREATER OF $1,500 OR THE FEES YOU OR YOUR EMPLOYER PAID US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE TO YOU.

 

INDEMNIFICATION.  ABL shall defend, indemnify and hold harmless Customer, its directors, officers, agents, and employees from and against any claim arising from the disclosure of Patient Information by ABL to unauthorized persons or in violation of applicable law or regulation, excluding any claims arising from disclosures of Patient Information made at your direction or on your behalf.

 

You agree to indemnify and hold harmless ABL and ABL licensees and suppliers, and ABL employees, representatives, agents, subsidiaries and affiliates, against any and all claims, suits, actions or other proceedings brought against ABL made by any third party due to, or arising out of, your or your personnels use of the Site and any information or Content available through it, including any of the Services, your or your personnels violation of this Agreement, any errors or inaccuracies contained in the Patient Information as delivered by or on behalf of Customer to ABL that result in harm to Customers patients, any medical treatment, diagnosis or prescription rendered by you or your agents, or any infringement by you or any other user of your account of any intellectual property rights or the civil and legal rights of any person or entity. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action or proceeding

 

TERM AND TERMINATION.  This Agreement shall remain in effect according to the terms of your license agreement and subject to your payment of all applicable fees for Services and your compliance with all other terms and conditions herein.  Either party may terminate this Agreement immediately in the event of default by the other party. Either party may terminate this Agreement for convenience at any time upon thirty (30) days written notice to the other party. Upon any expiration or termination of this Agreement, you shall immediately discontinue the use of the Site, including all Services and Content, and ABL shall promptly return or destroy all Patient Information, including such information in possession of ABL's subcontractors, if feasible to do so.  If return or destruction of said Patient Information is not feasible, ABL agrees to extend any and all protections, limitations and restrictions contained in this Agreement to ABL's use and/or disclosure of any Patient Information retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make return or destruction of the Patient Information infeasible.

 

The paragraphs of this Agreement entitled CONFIDENTIALITY OF PATIENT INFORMATION, LEGAL COMPLIANCE, LIMITATIONS ON USE, NO MEDICAL ADVICE, MEDICAL INFORMATION DISCLAIMER, DISCLAIMER OF WARRANTIES, EXCLUSION OF DAMAGES, LIMITATION OF LIABILITY, INDEMNIFICATION, TERM AND TERMINATION, U.S. GOVERNMENT END USERS, and MISCELLANEOUS shall survive the expiration or termination of this Agreement for any reason whatsoever.

U.S. GOVERNMENT END USERS.  The Site includes software that is Commercial Computer Software provided with RESTRICTED RIGHTS under Federal Acquisition Regulations and agency supplements to them.  Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and in the Rights in Commercial Computer Software or Commercial Computer Software Documentation clause at DFAR 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights clause at FAR  52.227-19, as applicable.

EXPORT. Customer may not use or otherwise export or reexport the Site or Services, the related software or applications or any underlying information or technology of the Site except in full compliance with all United States and other applicable laws and regulations.  By subscribing to or using the Site, Customer is agreeing to the foregoing and is representing and warranting that Customer is not located in, under the control of, or a national resident of any country to which the U.S. has embargoed goods or on any U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.

 

MISCELLANEOUS.  This Agreement, including our Privacy and Security Policy for the Site, contains the entire agreement between you and ABL relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by you relating to the subject matter hereof, or (2) statements of any of ABL employees.

 

ABL may assign this Agreement, in whole or in part, in ABL sole discretion. You may not assign your rights under this Agreement without ABL prior written permission. Any attempt by you to assign your rights under this Agreement without ABL permission shall be void. The waiver by ABL 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 different kind. 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.

 

This Agreement shall be governed by the laws of the Grand Duchy of Luxembourg, without giving effect to any principles of conflicts of law. You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your access or use of the Site, resides in the courts of the Grand Duchy of Luxembourg and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Grand Duchy of Luxembourg in connection with any such dispute including any claim involving us or agents, employees, contractors, officers, directors, telecommunication providers and content providers.

 

This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.  If any applicable law requires Customer to obtain technology for import rights and complete certain registration requirements in order for this Agreement to be enforceable under such law, Customer hereby represents that Customer has duly obtained and maintains valid technology import rights, and that Customer has duly completed or will duly complete the registration formalities required by such law.

 

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Terms of Use - Privacy and Security Policy