Terms of Service
Introduction
Welcome to Physician Xpress! These Terms of Service (“Terms”) govern your use of the Physician Xpress websites including physicianxpress.com, pediatricxpress.com, and Callxpress.net (“Site”) and the services we offer, including services related to PediatricXpress.com, physicianXpress.com and callxpress.net and/or services related to Electronic Health Records (EHR), call management and/or Revenue Cycle Management solutions (“Services”). By accessing or using our Site and Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.
These Terms of Use are a legal agreement between you and Physician Xpress.
THESE TERMS OF USE CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US IN ACCORDANCE WITH THESE TERMS AND WITHOUT A JURY TRIAL, ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.
Please read the Terms of Use carefully before you start to use the Services. By accessing or using the Services you accept and agree:
• to enter into a legally binding agreement with Physician Xpress;
• to be bound by and fully comply with these Terms of Use; and
• you are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts. Alternatively, if you are under the legal age of majority in your jurisdiction or otherwise not legally competent to enter into contracts, your parent or guardian must agree to these Terms of Use on your behalf prior to your use of the Services.
If you do not want to agree to these Terms of Use, you must not access or use the Services
These Terms of Use relate to your use of the Services. Additional specific terms or agreements may apply to a particular Service you use. To the extent there is a conflict between these Terms of Use and those specific terms, the provisions of the specific terms will control.
Eligibility
You must be at least 18 years old to use our Services. By using our Site and Services, you represent and warrant that you meet this age requirement.
Use of Services
1. License: Physician Xpress grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services for your personal or professional healthcare practice needs, subject to these Terms.
2. Account Registration: You may be required to register an account to access certain features of our Services. You agree to provide accurate and complete information during registration and to update such information as necessary.
3. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.
We will not be liable if for any reason all or any parts of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and share information about you.
User Responsibilities
1. Compliance: You agree to use our Services in compliance with all applicable laws, regulations, and guidelines, including but not limited to healthcare regulations and data protection laws.
2. Prohibited Activities: You agree not to:
– Use our Services for any unlawful or fraudulent purposes.
– Interfere with the proper functioning of our Services.
– Transmit any viruses or harmful code.
– Attempt to gain unauthorized access to our systems or networks.
Intellectual Property
1. Ownership: All content, features, and functionality of our Services, including but not limited to software, text, graphics, logos, and images, are the exclusive property of Physician Xpress or its licensors and are protected by intellectual property laws.
2. Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as expressly permitted by these Terms.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made and attest to such destruction in writing. No right, title or interest in or to the Services or any content within Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Billing and Payment
1. Fees: You agree to pay all fees associated with your use of our Services, as specified at the time of purchase. Fees are non-refundable unless otherwise stated.
2. Payment Method: You must provide a valid payment method to use certain Services. You authorize us to charge your provided payment method for all fees incurred.
3. Late Payments: If your payment method fails or your account is past due, we may suspend or terminate your access to the Services.
Termination
1. Termination by You: You may terminate your account by contacting us. Upon termination, you must cease all use of the Services.
2. Termination by Us: We may terminate or suspend your access to the Services, without prior notice or liability, if you breach these Terms or for any other reason.
Disclaimer of Warranties
Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.
Additionally, you agree not to:
• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the servers on which any parts of the Services are stored, or any server, computer or database connected to the Services.
• Attack any parts of the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Limitation of Liability
To the fullest extent permitted by law, Physician Xpress, its affiliates, and their respective directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
– Your use or inability to use the Services;
– Any unauthorized access to or use of our servers and/or any personal information stored therein;
– Any interruption or cessation of transmission to or from the Services;
– Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party;
– Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Services.
Disclaimer of Warranties
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR WITHIN ANY SERVICES LINKED TO IT.
PHYSICIAN XPRESS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY INFORMATION CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
PHYSICIANXPRESS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, PRIVACY OR SECURITY PRACTICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SERVICES. PHYSICIANXPRESS CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, PHYSICIANXPRESS.COM AND ITS CONTENTS ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF PHYSICIANXPRESS.COM, PEDIATRICXPRESS.COM, or CALLXPRESS.NET.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to indemnify, defend, and hold harmless Physician Xpress, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.
You expressly agree that exclusive jurisdiction for any dispute with PhysicianXpress resides in the courts of Montgomery County, Pennsylvania, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Montgomery County, Pennsylvania, in connection with any claim involving Physician Xpress. Use of the Services is unauthorized in any jurisdiction that does not give effect to these Terms and Conditions and all of the terms and conditions set forth herein.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE SERVICES OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of liability by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and physicianXpress with respect to the Services. If your organization has a written agreement between Physician Xpress and your organization, the terms of the written agreement supersede any terms of use that conflict with the written agreement.
Governing Law
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the state of Pennsylvania for which Physician Xpress is headquartered, without regard to its conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with PhysicianXpress resides in the courts of Montgomery County, Pennsylvania, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Montgomery County, Pennsylvania, in connection with any claim involving Physician Xpress.
Changes to Terms
We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our Site. Your continued use of the Services after the posting of the revised Terms constitutes your acceptance of the changes.
Contact Us
If you have any questions about these Terms, please contact us at:
Physician Xpress, Inc.
409 2nd Avenue, Suite 201
Collegeville PA 19426
(610)624-4224