TRIAGELOGIC WEBSITE TERMS OF USE
Last Updated: May 29, 2014
This website, www.triagelogic.com (the “TL Website”), is owned and operated by Triage Logic Management and Consulting, LLC (referred to as “TL” “we,” “us” or “our”), a limited liability company organized under the laws of Tennessee. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE TL WEBSITE . By using this TL Website you agree to these terms of use (the “Terms”). If you do not agree to the Terms, please do not use the TL Website. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the TL Website following the posting of changes to the Terms will mean you accept those changes.
THE PRIMARY PURPOSE OF THIS TL WEBSITE IS TO PROVIDE HEALTH CARE PROFESSIONALS WITH INFORMATION RELATED TO NURSE TRIAGE SERVICES. THE MATERIALS, INFORMATION OR ADVICE PROVIDED ON OR THROUGH THE USE OF THIS TL WEBSITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS, INFORMATION OR ADVICE DESCRIBED AS “TRAINING” MATERIALS ON THIS TL WEBSITE ARE NOT PART OF AN ACCREDITATION PROGRAM OR DEGREE GRANTING PROGRAM. MATERIALS, INFORMATION OR ADVICE ON THIS TL WEBSITE ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED IN THE MATERIALS, INFORMATION OR ADVICE PROVIDED ON THIS TL WEBSITE. RELIANCE ON ANY INFORMATION PROVIDED BY US, OUR EMPLOYEES OR OTHERS AS PART OF THE TL WEBSITE IS SOLELY AT YOUR OWN RISK. THIS TL WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.
THE TL WEBSITE
The TL Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the TL Website is the property of TL, its suppliers and/or its licensors and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. TL hereby grants you a limited, nonexclusive, non-transferable, personal license to use the TL Website for personal or, informational purposes only. Except as expressly authorized by TL in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the TL Website for any purpose or“frame” or “mirror” the TL Website on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to TL, its suppliers and/or its licensors.
To use certain features of the TL Website or participate in certain activities sponsored by TL, we might ask you to register as a user or participant. If so requested, each TL Website user must: (1) personally provide true, accurate, current and complete information on the TL Website’s registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, TL has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, TL may suspend or terminate any and all current or future use of the TL Website by that user. A user may receive passwords and account designations upon completing certain TL Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
CONTENT SUBMISSIONS
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to TL or the TL Website, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants TL the royalty-free, world-wide perpetual, non-exclusive, irrevocable, transferable license to TL to use, reproduce, publish, distribute and display such Content. TL has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. TL shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. TL, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of TL Website users and the public.
RULES FOR CONTENT SUBMISSION
We ask you to follow these rules when submitting Content: (1) you shall not upload to, distribute through or otherwise publish through the TL Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the TL Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this TL Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from TL; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. TL shall not be liable in any way for any Content.
PURCHASE OF SERIVCES AND LICENSING OF SOFTWARE
The TL Website describes both software licensed by TL or services provided by TL and various services provided by Triage Logic, PLLC. TL is solely responsible for their products and services. Triage Logic, PLLC is solely responsible for their products and services. Your acquisition or use of such software or services shall be subject, in the case of the Software, to TL’s licensing terms and conditions, and in the case of services, to Triage Logic, PLLC’s services terms and conditions.
CHILDREN
The TL Website is not intended for use by children. If you are under 13, you may not submit or post any information or material on the TL Website or otherwise provide such information to TL, including but not limited to personally identifiable information.
TERMINATION
TL may terminate your use of the TL Website for: (1) breach of these Terms; (2) your abuse of TL Website resources or attempt to gain unauthorized entry to the TL Website; or (3) as required by law, regulation, court or governing agency order. TL’s termination of any user’s access to the TL Website may be effected without notice and, on such termination, TL may immediately bar any further access to the TL Website. TL shall not be liable to any user or other third party for any termination of that user’s access to the TL Website. In the event of termination, TL reserves the right to delete or save a user’s Content at TL’s sole discretion.
LINKS
The TL Website may provide links to other websites. TL exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
LIMITED WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY
EACH USER’S USE OF THE TL WEBSITE IS AT HIS OR HER SOLE RISK. THE TL WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE TL WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TRADEMARK INFORMATION
“TRIAGE LOGIC” is a trademark of TL. All other marks, names, and logos mentioned on the TL Website are the property of TL or their respective owners. Your use of the TL trademarks and other marks, names and logos set forth on the TL Website without prior written consent is strictly prohibited.
COPYRIGHTS
TL respects the intellectual property rights of others, and requires that the people who use the TL Website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this TL Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit TL to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
John Roberts
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55415
612-659-8443
jroberts@newcounsel.com
PRIVACY
TL agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at https://triagelogic.com/privacy/ or by sending an e-mail request to: privacy@triagelogic.com.
GENERAL INFORMATION
The Terms constitute the entire agreement between each user and TL and govern each user’s use of TL Website, superseding any prior agreements. The Terms and the relationship between each user and TL shall be governed by the laws of the State of Florida without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the state or federal courts located within Duval County, Florida. This TL Website is controlled and operated by TL from its offices within the State of Florida, United States of America. TL makes no representation that materials in the TL Website are appropriate or available for use in other locations. Those who choose to access this TL Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between TL and any user.
