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Coleman Associates LLC

Latest Update: June 25, 2015

Coleman Associates LLC (“Coleman Associates”) provides a website (the “Site”) which allows users to access by view or download Coleman Associates educational materials relating to medical practice management including without limitation access to classes, articles, tests and exams, and tools regarding medical practice operations, preparing for patient visits and communications amongst the care team (collectively the “Materials”).

This Agreement for Terms of Use (Terms of Use) covers the Site: http://colemanassociates.com

Your use of the Site constitutes your agreement to these Terms of Use and our Privacy Policy located here http://colemanassociates.com/privacy-policy, as each may be amended from time to time by us in our sole discretion. A link to the most current Terms of Use will be available at http://colemanassociates.com/terms-of-service/ and we will indicate the date of the “Latest Update” at the top of the Terms of Use.

Precautions:

While the Site and Materials relate to medical practice management, you acknowledge that Coleman Associates is not a medical care provider. The Site and Materials are not intended to diagnose, examine, or treat medical conditions of any kind. Content found on the Site is for educational purposes only and is not intended to replace the relationship between you and a physician or other medical provider. Likewise, we are not responsible for any outcomes that may result from your use of the Site or Materials. We make no endorsement, representation or warranty of any kind about any Materials made available through the Site. We are not responsible for the accuracy, reliability, effectiveness, delivery or use of the Materials, which use is solely at your own risk.

User Content:

Subject to our adherence of our Privacy Policy, you hereby grant to Coleman Associates a perpetual, irrevocable, nonexclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Site (collectively, “User Generated Content”) in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. “User Generated Content” includes but is not limited to content posted on message board posts, blogs, journals and user comments. Subject to our adherence to our Privacy Policy, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude our use of the User Generated Content or require your permission for Coleman Associates to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Coleman Associates or its sublicensees relating to use of the User Generated Content in accordance with the Coleman Associates Privacy Policy, and you hereby release Coleman Associates and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party’s rights of publicity or privacy; (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate; and (7) will not be false and misleading in any way. Coleman Associates may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended, designed or reasonably likely to cause harm. You are responsible for complying with all laws applicable to your User Generated Content.

Registration, Passwords and Payments:

If you maintain an account with us, you are responsible for maintaining the confidentiality of your login information and password. You are responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Coleman Associates cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently or without permission accessed your Coleman Associates account or for any third party’s fraudulent use or misuse of information submitted by you. You represent that the information that you provide is accurate and complete, and you agree to update your account information, as necessary, including providing Coleman Associates with your current email address, so that you may receive notifications and other account-related communications. We use third party services to process payments made for Materials purchased on the Site. We take measures to safeguard your personal and payment information as described in our Privacy Policy. You acknowledge that no system is completely secure and you will not hold us responsible for breach of security resulting in any damage or loss whatsoever to you or your information.

Damage to Site:

You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Coleman Associates accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or Coleman Associates accounts, computer systems, or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site, Coleman Associates accounts, computer systems or network.

Ownership of Materials:

Except as expressly limited for the User Generated Content, all Materials on the Site or otherwise received from us, and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are solely owned by Coleman Associates or its licensors. You shall not reproduce, distribute, modify or create derivative works of, publicly display (including by framing, disseminating or posting any content), reverse engineer or commercially exploit any part of the Materials, except for occasional non-commercial clearly identifying Coleman Associates’ copyright of the Materials. All rights in the Materials not expressly granted to you are retained by Coleman Associates and its licensors. If you violate any of these Terms of Use, your permission to use the Site and the Materials terminates and you must no longer access the Site and immediately destroy any copies you have made of any portion of the Site or Materials.

User Indemnification of Coleman Associates:

You represent that, upon request by us, you shall defend, indemnify and hold Coleman Associates and its current, past, and future partners, affiliates, service providers, licensors, assignees, successors, officers, directors, employees and agents (“Indemnified Parties”) harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable expert, legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Site or Materials, or any User Generated Content posted, stored, reproduced, displayed, or distributed via the Site; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Site. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting all available defenses.

User Conduct:

If we determine in our sole discretion that your or any User’s registration data is inaccurate or incomplete, or that you or any User is not using Coleman Associates Services responsibly, or that such use (a) violates any provision of the Terms of Use, (b) violates the rights of Coleman Associates or third parties, (c) aids or abets any criminal or immoral conduct, or (d) could cause Coleman Associates liability, we have the right (but not the obligation), without prior notice or refund, to suspend or terminate your account and your use of the Site and Materials, report to law enforcement authorities, and to remove, edit, block, or delete your and such User’s transmissions and User Generated Content.

Changes to Site:

Coleman Associates may change or discontinue, temporarily or permanently, any feature or component of the Site at any time without further notice. You agree that Coleman Associates shall not be liable to you for any such change.

Third Party Services:

Coleman Associates may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third party websites, you do so at your own risk. Coleman Associates suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that Coleman Associates has no liability for any damage or loss of any type that is a result of your use of a third party website.

Content and Warranty Disclaimer:

THE SITE AND MATERIALS ARE PROVIDED BY COLEMAN ASSOCIATES AND ITS AFFILIATES “AS IS” AND “AS AVAILABLE.” NEITHER COLEMAN ASSOCIATES NOR INDEMNIFIED PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SITE OR COLEMAN ASSOCIATES. IN ADDITION, COLEMAN ASSOCIATES AND ITS INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, COLEMAN ASSOCIATES DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Limitation of Liability:

IN NO EVENT WILL COLEMAN ASSOCIATES NOR ANY INDEMNIFIED PARTIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, PROHIBITED USE, THE RESULTS OF USE OR FAILURE OF PERFORMANCE OF THE SITE OR MATERIALS, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FORESEEABLE, AND WHETHER OR NOT COLEMAN ASSOCIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF COLEMAN ASSOCIATES, ARISING FROM OR RELATING TO THE SITE OR MATERIALS (REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO THE LESSER OF ONE HUNDRED ($100.00) DOLLARS OR THE AMOUNT PAID BY YOU TO US FOR THE MATERIALS IN THE 12 MONTHS BEFORE THE CLAIM AROSE. COLEMAN ASSOCIATES’ AFFILIATES, PROVIDERS AND PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM THE SITE OR MATERIALS. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

General:

The Terms of Use and the resolution of any dispute related to the Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado without respect to its conflict of laws principles. You shall bring any legal action or proceeding against Coleman Associates related to the Site or Materials exclusively in a federal or state court of competent jurisdiction sitting in Boulder County (or City and County of Denver for federal court), Colorado, not more than two (2) years after the cause of action has arisen, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision of the Terms of Use is found to be contrary to law, then such provision will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Coleman Associates’ failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and Coleman Associates with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void. Any covenant or provision herein which requires or might require performance after the termination or expiration of the Terms of Use, including but not limited to indemnities, confidentiality, settlement of accounts, and records retention and access, shall survive any termination or expiration of the Terms of Use.

Contact Us:

If you have any questions regarding these Terms of Use, the Coleman Associates materials or the Coleman Associates Privacy Policy please contact us at info@PatientVisitRedesign.com