Last modified: March 18, 2016
THESE TERMS GOVERN YOUR ACQUISITION AND USE OF OUR SERVICES AND RECEIPT OF SUPPORT.
IF YOU REGISTER FOR FREE TRIAL SERVICES, THESE TERMS WILL ALSO GOVERN THOSE TRIAL SERVICES UNLESS OTHERWISE SPECIFIED.
Here, we provide a brief overview of the information provided in these Terms. Please click on the relevant link to review the information in more detail below.
The detailed Terms are provided below.
You may only use Casetabs in accordance with these Terms. Casetabs is intended for use only by those persons authorized by a “super administrator” (“Administrator”) at a hospital or other entity (“Center”) or authorized by Casetabs as an individual user and for the sole purpose of managing surgical cases (“Cases”). If you are authorized to use Casetabs by an Administrator, you represent and warrant to Company that you are acting within the scope of your employment with or your retention by the Center. In particular, but without limitation, you may not use Casetabs for any purpose that is unlawful or prohibited by these Terms, or any other conditions or notices that are made available on Casetabs or otherwise provided by us to you. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe your conduct violates applicable law(s), these Terms or is harmful to our interests.
We may revise and update these Terms from time to time in our sole discretion. When we do, we will update the “Last Modified” date at the top of these Terms and we will use commercially reasonable efforts to notify you of all changes to these Terms by posting a notice on our website. In order to continue using Casetabs following the posting of revised Terms, you must click the box to accept these Terms, as modified. By clicking the box indicating your acceptance, you agree to these Terms, as modified. If you do not agree with the modified terms and conditions herein, you must not accept these Terms and may not use Casetabs.
You are required to have an Internet connection (hard-wired and/ or Wi-Fi) with a speed of 3MB/s or higher in all locations from which Casetabs will be accessed. Additionally, you are strongly advised to utilize Google Chrome as the Internet browser to access Casetabs.
We reserve the right to withdraw or amend the functionality of Casetabs in our sole discretion without notice. We will not be liable if for any reason all or any part of Casetabs is unavailable at any time or for any period. From time to time, we may restrict or suspend your access to some or all parts of Casetabs, as necessary in our sole discretion. We may update the content on Casetabs from time to time, but its content is not necessarily complete or up-to-date. Any of the material on Casetabs may be out of date at any given time, and we are under no obligation to update such material. We take no responsibility for any incorrect or out of date information on Casetabs.
You are responsible for:
As between you and Company, with the exception of any Customer Data (as defined below), intellectual property and ownership rights in and to Casetabs and all content included on Casetabs (including text, graphics, logos, button icons, images, software etc.) is the property of Company or its licensors. Compilation of all content on Casetabs is the exclusive property of Company and is protected by U.S. and international copyright laws. No material from Casetabs may be copied, republished, uploaded, posted, transmitted, or distributed, unless expressly authorized by Company in writing. Casetabs may be used for non-commercial use only for the purpose of managing Cases. Use of the Casetabs materials for any other purpose is a violation of our copyright and other proprietary rights, as well as a violation of these Terms.
If you provide us with any suggestions, enhancement requests, recommendations or other feedback related to Casetabs (collectively, “Feedback”), you hereby assign to us all rights, title and interest in and to such Feedback. If such assignment is held to be invalid or unenforceable for any reason, you hereby grant us an irrevocable, worldwide, royalty-free, fully paid up, license to use any Feedback for any reason, including creating derivative works thereof. Additionally, you agree that Company may utilize information concerning your use of Casetabs to improve Casetabs products and services and to provide you with reports on your use of Casetabs.
You agree not to use Casetabs or any information from Casetabs:
Additionally, you agree not to:
Any content, materials, data and information that you enter or upload into Casetabs shall be deemed “Customer Data”. Customer Data includes any description of a surgical procedure, the date, time, duration and location of a surgical procedure, a surgeon’s name, anesthesia type, and a patient’s age, name and patient ID number, or any other information (including documents and images) that you enter into, submit, or upload to Casetabs relating to a Case. You hereby grant Company the worldwide, royalty-free license to host, copy, transmit and display the Customer Data as necessary for Company to provide Casetabs in accordance with these Terms. You shall be responsible for any such Customer Data and represent and warrant that you have received any and all necessary permission, release, and/or consent from any individual whose information is entered into, submitted to or uploaded to Casetabs.
We are not responsible, or liable to you or any third party, for the content or accuracy of any Customer Data entered by you or any other user of Casetabs.
We are not responsible for any content or activities offered by third party sites or products (each a, “Third Party Site and Product”) because we do not have any control over these Third Party Sites and Products, which are not governed by these Terms. We are not responsible for any defects or diminished functionality resulting from the integration or use of any Third Party Sites and Products.
If you install or enable a Third Party Site and Product for use with Casetabs, you grant Company permission to (a) allow the provider of that Third Party Site and Product to access Customer Data as required for the interoperation of that Third Party Site and Product with Casetabs and (b) access your account(s) for the Third Party Site and Product. If the provider of a Third Party Site and Product ceases to make the Third Party Site and Product available for interoperation with the corresponding Casetabs features on reasonable terms as determined in Company’s sole discretion, Company may cease providing those features, without entitling you to any refund, credit, or other compensation. Company shall have no liability or obligations (including any warranty or support obligations) with respect to any Third Party Site and Product. You shall promptly reimburse Company for damages incurred by Company due to, arising from or relating to any Third Party Site and Product.
CASETABS IS PROVIDED "AS IS." WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO CASETABS. WE DISCLAIM ALL OTHER WARRANTIES THAT CASETABS IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, A REPRESENTATIVE OF COMPANY OR ANY OTHER PERSON SHALL CREATE A WARRANTY OR REPRESENTATION.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR CASETABS WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS AND MALWARE PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO CASETABS FOR ANY RECONSTRUCTION OF ANY LOST DATA. 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 CASETABS OR ANY SERVICES OR ITEMS OBTAINED THROUGH CASETABS OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON CASETABS, OR ON ANY WEBSITE LINKED TO CASETABS.
FURTHER, WE DO NOT ENDORSE AND MAKE NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON CASETABS. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH CASETABS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH CASETABS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON CASETABS.
IN NO EVENT WILL COMPANY, ITS SUCCESSORS, ASSIGNS, AFFILIATES, OR EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, CONTRACTORS AND REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, CASETABS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON CASETABS OR ANY SERVICES OR ITEMS OBTAINED THROUGH CASETABS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AS BETWEEN YOU AND COMPANY, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF CASETABS AND ITS RELATED SERVICES AND NOTIFY YOUR ADMINISTRATOR. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS NOT VALID UNDER APPLICABLE LAW OR FOR ANY OTHER REASONS, IN NO EVENT SHALL OUR LIABILITY OR THE LIABILITY OF OUR AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS EXCEED A TOTAL OF $100 US DOLLARS.
You agree to defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, settlements, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms or your use of Casetabs, including, but not limited to, any use of Casetabs’ content and services or any information obtained from Casetabs, other than as expressly authorized in these Terms, (b) a claim that the Customer Data or your use of Casetabs infringes or misappropriates such third party’s intellectual property rights, (c) your failure to comply with applicable law, including any applicable HIPAA regulations, (d) your installation and/or use of any Third Party Site and Product; and (e) bodily injury (including death) or damage to real property or tangible personal property of Company caused by you.
These Terms have been made in and shall be construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles. Except for any disputes relating to intellectual property rights, obligations, or any infringement claim, Company and you mutually agree to the following dispute resolution procedure to resolve any disputes with arising out of or relating to these Terms or your use of Casetabs (“Dispute(s)”): (1) The parties will first attempt in good faith to resolve the Dispute by informal negotiation. The informal negotiation period will begin when the party asserting the Dispute sends a written notice to the other party describing the facts and circumstances of the Dispute. If, after sixty (60) days from the date the notice of Dispute is sent, the parties have been unable to resolve the Dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement and (2) if the parties are unable to resolve the Dispute through informal negotiation, Casetabs and you agree that exclusive jurisdiction for the Dispute shall be binding arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator, they shall each select one Arbitrator from the list of qualified arbitrators and those two Arbitrators shall select the person who shall serve as the Arbitrator for such Dispute. Arbitration shall be initiated under the rules of the American Arbitration Association (“AAA”) in Los Angeles, California, in English, with a written decision stating the legal reasoning issued by the Arbitrator at either party’s request. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. BY USING CASETABS, YOU AGREE YOUR ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY FOR ALL DISPUTES EXCEPT FOR THOSE RELATING TO INTELLECTUAL PROPERTY RIGHTS, OBLIGATIONS OR ANY INFRINGEMENT CLAIM.
No waiver by us of any term or condition set forth in these Terms 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 us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms 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 will continue in full force and effect.
If you receive any confidential or proprietary information from Company, you shall not disclose it to any third party except as necessary to perform your obligations under these Terms or as required by law. If you receive a valid request pursuant to a legal requirement of a competent government body to disclose any of Company’s confidential information, to the extent permitted by law, you shall promptly notify Company and provide Company as much time as possible to respond to such request and you shall only disclose the minimum amount of confidential information as possible subject to the maximum available confidentiality protections. Casetabs and any technical documentation relating to Casetabs shall be considered Company’s confidential information.
Your right to access and use Casetabs terminates automatically upon your breach of any of these Terms. Additionally, we may, at any time: (a) modify, suspend or terminate the operation of or access to Casetabs or our services, or any portion of Casetabs or our services, for any reason; (b) modify or change any Terms and other policies governing the use of Casetabs or our services, for any reason; (c) interrupt the operation of Casetabs or our services, or any portion of Casetabs or our services, for any reason, all as we deem appropriate in our sole discretion.
Upon the expiration or termination of these Terms, you shall not be permitted to retain and shall promptly erase or destroy any Casetabs files, information or data (including any Casetabs documentation) (a) in any file, hard drive, server or any other form of memory in your possession or control or (b) in any printed form. You shall confirm in writing such erasure or destruction upon written request from Company.
The Customer Data, Intellectual Property Rights, Disclaimer of Warranties, Limitation on Liability, Indemnification and the Governing Law and Disputes, Termination, Waiver and Severability, Confidentiality, Entire Agreement and Independent Contractor provisions shall survive any termination of these Terms.
You may not, without Company’s prior written consent, assign, delegate, pledge or otherwise transfer these Terms, or any of its rights or obligations under these Terms to any party, whether voluntarily or by operation of law, including by way of sale of assets, merger or consolidation. Company may assign these Terms without consent from you to any of its affiliates or in the event of a merger, corporate reorganization, or acquisition of all or substantially all the assets of Company.
The parties are independent contractors, and no partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties is created hereby. There are no third party beneficiaries to these Terms.
All Feedback, comments, requests for technical support and other communications relating to Casetabs should be directed to: