ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE BELOW, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND OperaDDS™ AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION,
AND YOU AND OperaDDS™ WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 21 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
OperaDDS™ and OperaDDS™.com provides currently an intuitive, comprehensive medical clinic paging system to provide an automated SaaS (Software-as-a-Service) software solution to individuals and clinics (organizations) that need immediate communication within their clinic or organization setting. OperaDDS™ hosts its software as a backend SaaS service for customers. The Site includes general information on commonly encountered clinical (organizational) contemporaneous general operation communicating issues. OperaDDS™ is not a substitute for the direct and timely communications needs necessary within the clinical situation regarding all emergency situations regarding patient care. Your own clinic’s emergency procedure process will always take precedence to OperaDDS™ in a threatening situation.
This Site, information and Applications are not intended to create any doctor-patient relationship, and doctor-patient relationship between you and another person and OperaDDS™.
This Site and OperaDDS™ Applications and OperaDDS™.com/ are owned and operated by Operability LLC. All right, title and interest in and to the products and services provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Services”) are owned either by Operability or by affiliates, or by our respective third-party developers or vendors (“Business Associates”). All of our Business Associates maintain in accordance with regulations set forth by Health Insurance Portability and Accountability Act of 1996 and/or its relevant regulations (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). Except as otherwise expressly provided by Operability, none of the Products and Services shall be construed to confer any license under any of Operability’s intellectual property rights, whether by estoppel, implication or otherwise. Operability does not sell, license, lease or otherwise provide any of the Products and Services other than those specifically identified as being provided by any rights not expressly granted herein are reserved by Operability.
LIMITED PERMISSION TO DOWNLOAD AND USE:
Operability grants you a limited, personal, non-exclusive, non-transferable license to use our Products or Services for your clinic’s business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Products or Services in any manner. You shall not remove any copyright or patent-related notice from any document or reproduction. As necessary, your clinic will be HIPAA/HITECH compliant when using our Products and Services and you will notify us immediately of any data security breach that occurs.
MEMBER ACCOUNT, PASSWORD, AND SECURITY:
You will either create or be assigned an account (including a user name and password) during the registration process. You are responsible for maintaining the confidentiality of the password and are responsible for all activities that occur under your account, pursuant to HIPAA and HITECH compliance regulations; shall execute a Mutual Business Associate Agreement Confidentiality And Security Of Protected Health Information document, as described herein below. You agree to (a) provide accurate, current, and complete information about you when registering your account and update that
information as necessary, (b) maintain the security of your password and identification; (c) immediately notify email@example.com of any unauthorized use of your password or account, or any other breach of security, and (d) ensure that you log out from your account at the end of each session. Operability LLC will not be liable for any loss or damage arising from your failure to comply with this section.
PAYMENT AND REFUNDS:
If you purchase a paid subscription to OperaDDS™, you will be required to provide a valid credit card, which will only be stored by our secure third-party payment gateway and used for automated monthly billing. Other OperaDDS™-branded products may be available free of charge for basic communication features, or on a limited time trial basis, which terms are subject to change without notice.
OperaDDS™ is a Pay-As-You-Go Service (“Service”) and is billed monthly to your Visa, American Express or MasterCard. Pricing quoted are subject to change without notice.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- For any Service price increases, your credit card that you provided will automatically be charged the new rate on your next monthly billing cycle.
CANCELLATION AND TERMINATION:
You are solely responsible for properly canceling your account. Send an email request to firstname.lastname@example.org. or if available you may cancel via your customer profile. All of your electronic files will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of said month.
- Operability LLC in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.
LINKS TO BUSINESS ASSOCIATES, USE OF PHI, & THE MUTUAL BUSINESS ASSOCIATE AGREEMENT CONFIDENTIALITY AND SECURITY OF PROTECTED HEALTH INFORMATION DOCUMENT:
This Site and Applications may contain links to websites controlled by parties other than Operability or by affiliates of Operability (each a “Business Associate”). Operability may work with a number of partners and affiliates whose sites are linked with our Products and Services. OperaDDS™ may also provide links to other citations or resources with whom it is not affiliated. Operability LLC or OperaDDS™
are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services, quality or use of any Business Associate, any website accessed from a Business Associate site or any changes or updates to such sites. You acknowledge that you bear all risks associated with access to and use of content provided on a Business Associate site and agree that the OperaDDS™ and Operability LLC are not responsible for any loss or damage of any sort you may incur from dealing with a third-party. You should contact the site administrator for the applicable Business Associate if you have any concerns regarding such links or the content located on any such Business Associate site. If you plan on or contemplate possibly the sending of or the receiving of PHI, as defined pursuant to HIPAA or HITECH, you must then prior to the use of any Applications described herein, download, read, consent, execute (electronic signature accepted), and return to Operability the Mutual Business Associate Agreement Confidentiality And Security Of Protected Health Information document, that can be found in Company Profile under Company Settings which is available to all Company Administrator Users.
USE OF OPERADDS™:
DISPUTE RESOLUTION BY BINDING ARBITRATION:
- OperaDDS™ and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising and intellectual property)
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class and
- claims that may arise after the termination of these Terms.
- A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party in accordance with the rules of the American Arbitration Association in Minneapolis, MN (where arbitration that is agreed upon will occur). A Notice to Operability should be addressed to Operability LLC, 109 Bushaway Road, Wayzata, Suite 300,
MN 55391 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Operability and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Operability, LLC may commence an arbitration proceeding.
- The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.
RIGHTS AND RESPONSIBILITIES OF OPERABILITY:
Although we cannot make an absolute guarantee of system security, Operability takes reasonable steps as outlined in HIPAA/HITECH regulations to maintain security. If you have reason to believe system security has been breached, contact us by email at email@example.com for help.
If OperaDDS™’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, OperaDDS™ technical staff reserves the right to delete those files or to stop those processes. If the OperaDDS™ technical staff
suspects a user name is being used by someone who is not authorized by the proper user, OperaDDS™ technical staff may temporarily disable that user’s access in order to preserve system security. In all such cases, OperaDDS™ technical staff will contact the member as soon as feasible.
OperaDDS™ technical staff reserves the right to refuse service to anyone and to cancel user access at any time for any reason or for no reason.
RIGHTS AND RESPONSIBILITIES OF THE USERS OF OPERADDS™ PRODUCTS:
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work -that you transmit using any OperaDDS™ service that allows interaction or dissemination of information. In transmitting User Content, you agree that you will not submit any content:-
- that is known by you to be false, inaccurate or misleading;
- that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation;
- that contains any computer virus, worms, or other potentially damaging computer programs or files; and
THE SITE, APPLICATIONS, AND ALL SERVICES AND PRODUCTS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OperaDDS™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
OperaDDS™ MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE SERVICES AND PRODUCTS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY SERVICES AND PRODUCTS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; ©R (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE SERVICES AND PRODUCTS WILL MEET YOUR EXPECTATIONS: OR (E) ANY CONVERTED ELECTRONIC FORM CREATED BY OperaDDS™. THAT IS DERIVED FROM A USER’S MANUAL OR ELECTRONIC FORMS AS SUBMITTED BY A USER TO OperaDDS™. ARE MERELY INTENDED TO BE AN ELECTRONIC REPRODUCTION OF THE USER’S SUBMITTED FORM. OperaDDS™ DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES. OR ASSUMES ANY LIABILITIES FOR THE USE OF SUCH CONVERTED ELECTRONIC FORMS REGARDING ANY BODILY INJURIES. DEATH. OR COMPLIANCE WITH ANY REGULATORY AGENCY’S REGULATIONS. FEDERAL STATUTE OR STATE STATUTES. PRIOR TO SUBMISSION TO OperaDDS™. THE USER SHOULD HAVE ALL FORMS REVIEWED BY ITS LEGAL COUNSEL REGARDING COMPLIANCE REQUIREMENTS WITH ALL FEDERAL AND STATE STATUTES AND REGULATIONS.
OBTAINING ANY SERVICES AND PRODUCTS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. OperaDDS™ SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, ERRORS, VIRUSES, OR DELAYS IN OPERATION THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, SERVICES, INFORMATION OR SOFTWARE.
LIMITATION OF LIABILITY AND INDEMNIFICATION:
Except as may be required in connection with your use of OperaDDS™ Services, Operability LLC does not want you to submit confidential or proprietary information to us through this Site or any Applications unless in compliance with HIPPA/HITECH regulations of Protected Health Information (PHI). All non-PHI comments, feedback, information or material submitted to OperaDDS™ technical support through or in association with this Site shall be considered non-confidential and Operability’s property. By providing such submissions to OperaDDS™ technical support you hereby assign to Operability at no charge, all
rights, title and interest in and to the submissions and any intellectual property rights associated therewith. Operability shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS:
When accessing, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and Products and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third-party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit or that is provided or transmitted using your OperaDDS™ user account. All Site design, text, graphics, pictures, information, data, software, sound files, and the selection and arrangement thereof, Copyright © Operability LLC. ALL RIGHTS RESERVED. All logos, operadds.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Operability LLC. All other trademarks, product or service names and company names or logos cited herein are the property of their respective owners.
No persons under the age of 21-18 are eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
GOVERNING LAW; VENUE:
BY USING THE SERVICES AND PRODUCTS OF OPERABILITY OR ACCESSING THE OperaDDS™ SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER AND EMAIL ADDRESS TO OPERABILITY LLC VIA THE OperaDDS™ WEBSITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO OPERABILITY LLC AND THAT OPERABILITY LLC OR ITS AFFILIATES MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
Copyright 2015 -2018 © Operability LLC
Last updated: Januarv 2018