PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR ACCESS AND USE OF THIS SITE INDICATES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SITE. PLEASE EXIT IMMEDIATELY.

NextEMR, LLC ("NextEMR") may revise and update these Terms of Use at any time by posting an updated version of these Terms of Use. Your continued usage of the nextemr.com website, which includes any sub-sites contained on such website (collectively, the "Site"), will mean you accept those changes. The current version of the Terms of Use will normally be available for your reference from a link at the bottom of each page of the Site.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE

The content of the Site, including all text, graphics, images, and other material (individually and collectively, the "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. NextEMR does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by NextEMR, NextEMR employees, others appearing on the Site at the invitation of NextEMR, or other visitors to the Site is solely at your own risk. The Site may contain health or medically related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

The Site may contain descriptions of treatment modalities. These descriptions of treatment modalities are designed as standard generic information and should not be relied upon by any person as medical advice or a treatment plan designed to cover any particular individual's symptoms or conditions. The descriptions of treatment modalities are strictly for informational purposes and should not be considered medical advice.

The Site may contain information on prescription drugs. Such information is not intended to satisfy any government regulations requiring disclosure of information on prescription drug products. You should take prescription drugs only when prescribed by your physician or health care provider and only in accordance with their instructions. The Site may contain information on over-the-counter medications, dietary supplements, and foods. Such information is not intended to satisfy any government regulations requiring disclosure of information on such regulated products. You should consult with your physician or health care provider before taking over-the-counter medications and with regard to any questions regarding dietary supplements and special diets in connection with the treatment of a medical condition.

CONTENT

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with NextEMR or the respective owner, and all rights not expressly granted herein are reserved to NextEMR. You are authorized to view and make one electronic or print copy of the material on the Site solely for your personal, non-commercial use. All computer systems, procedures, and databases created, operated, maintained or accessed by NextEMR in connection with the Site contain proprietary and confidential information of substantial economic value to NextEMR. This information includes operations, systems, products, business relationships, marketing approaches, software, hardware, codes, trade secrets, information technology, information systems, plans and projections, as well as concepts and ideas. Any unauthorized use, misuse, or disclosure of such information is strictly prohibited and may result in civil liabilities and criminal penalties under applicable law. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of NextEMR. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. All content included on the Site, including all text, graphics, logos, and software, is the property of NextEMR and is protected to the full extent of U.S. and international copyright laws. All software, computer code, and the compilation of the components of the Site are the property of NextEMR and are protected by all applicable U.S. and international copyright laws. The Site and its content only may be used as permitted by NextEMR in these Terms of Use. All other uses, including reproduction, modification, distribution, transmission, republication, or display of the Content on this Site is strictly prohibited.

Although we are selective about the organizations we link to, we do not assume any responsibility for any web sites that are linked to our Site or that you browse after following a link from our Site.

Individuals are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, such individuals should always consult their physician or other qualified health care professional.

We include clinical tools, including descriptions of treatment modalities and databases intended for use by health care professionals. Our tools are not intended to provide professional advice or recommend particular products. Physicians and other health care professionals who use our tools or databases should exercise their own clinical judgment as to the results. Individuals who use the tools or databases do so at their own risk.

While we welcome your feedback on the Site, we must make the final decisions about the Content that is posted on the Site to make sure it conforms to our objectives and to the objectives we identify for our users. If you are dissatisfied with the Content of the Site, your only remedy is to stop using the Site. We follow a standard set of editorial procedures for information that we put on the Site. However, we do not offer you any warranty or guarantee related to the Site or related to the information on the Site or related to information accessed through the Site. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. It is your responsibility to evaluate the information and results from tools we provide. If you are a health care professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information contained on the Site with other sources before undertaking any treatment based on it. If you are not a health care provider, you should evaluate the information together with your physician or another qualified health care professional.

LIABILITY OF NEXTEMR

The use of the Site and the Content is at your own risk. When using the Site, information will be transmitted over a medium that may be beyond the control of NextEMR. Accordingly, NextEMR assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. The Site and the Content are provided on an "as is" basis.

USE BY MINORS

You affirm that you are 18 years of age or older or an emancipated minor and are fully able and competent to agree to the terms and conditions set forth in these Terms of Use, and to abide by and comply with these Terms of Use. The Site is not intended for use by anyone under the age of 18. If you are under 18 years of age, please exit the Site immediately.

JURISDICTION

You expressly agree that these Terms of Use, and any dispute arising from your use of this Site, shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflicts of law provisions. You hereby submit, through use of this Site, to the exclusive jurisdiction of the courts of the State of New Jersey, and of the United States federal courts located within New Jersey for purposes of any and all litigation arising out of your use of this Site or any dispute including any claim involving NextEMR's employees, contractors, officers, directors, telecommunications providers, and content providers. You waive any objections to the forum of New Jersey for lack of venue, forum non conveniens, or any other jurisdictional grounds.

Further, NextEMR makes no claim that the content on this Site may be viewed legally outside of the United States of America. Access to the Site may not be legal in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

LIMITATIONS ON USE

Unless you have obtained NextEMR's prior written permission, you may not do any of the following or permit any other person under your authority or control do so:

• Copy, reproduce, republish, upload, post, transmit, or distribute in any way material from this Site in any manner inconsistent with the purposes for which it is offered by us
  
  
• Use or encourage the use of this Site or any Content for any unlawful or unauthorized purpose
  
  
• Violate or infringe upon the intellectual property rights of NextEMR or of third parties, including copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right
  
  
• Upload, post, e-mail or otherwise transmit any advertising or promotional materials, including without limitation "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication
  
  
• Copy, modify, or display or download NextEMR’s name, trademarks, or logo or any text, copyrighted works, graphic images, or other proprietary content from the Site
  
  
• Redeliver any of the pages, text, images, or other content of this Site using "linking," "deep linking," or "framing" technology
  
  
• Use devices (including software) that are designed to provide repeated automated access to this Site other than those made generally available by us or probe, scan, or test the vulnerability of any system or network related in any way to this Site
  
  
• With the exception of web browser software or other applications approved by NextEMR, use any software, program, application or any other device to access or log on to the Site, or to automate the process of obtaining, downloading, transferring or transmitting any Content from the Site
  
  
• Include any NextEMR mark, the name of any of NextEMR personnel, or any variation of any of the foregoing as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any user and/or website and NextEMR
  
  
• Collect or store personal data about other users of this Site
  
  
• Upload, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware, or telecommunications equipment
  
  
• Use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, offensive, or sexually explicit
  
  
• Create a link from a web site to any page of this Site unless the user or the operator of the other web site has executed NextEMR’s then-standard agreement for the granting of permission to establish such a link
  
  
• Intercept or expropriate any system data

MONITORING OF SITE

We reserve the right to monitor any and all use of this Site. We are under no obligation to do so and assume no responsibility or liability arising from our doing so or omission to do so. We may monitor your use of this Site to evaluate the quality of service you receive, your compliance with these Terms of Use, the security of this Site, or for other lawful reasons. You agree that you will not be entitled to any cause of action or other right with respect to NextEMR concerning such monitoring activities.

DISCLAIMERS

THE MATERIALS ON THIS SITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEXTEMR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

NEXTEMR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE MATERIALS IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. NEXTEMR UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION.

CERTAIN LINKS IN THE WEB SITE MAY LINK THE USER TO OTHER SITES. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NEXTEMR AND NEXTEMR IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NEXTEMR IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. NEXTEMR IS PROVIDING THESE LINKS TO THE USER ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY NEXTEMR TO, AN ENDORSEMENT OR SPONSORSHIP BY NEXTEMR OF, OR AFFILIATION BY NEXTEMR WITH, THE LINKED SITE, ITS SERVICES, ITS OWNER, OPERATOR, SPONSORING ORGANIZATION OR INTERNET PROVIDER.

THIS SITE MAY CONTAIN ADVERTISEMENTS BY THIRD PARTIES. THE SITE MAY RECEIVE ROYALTIES FROM SUCH ADVERTISERS. HOWEVER, THE SITE DOES NOT ENDORSE, GUARANTEE, WARRANT OR RECOMMEND ANY PRODUCTS OR SERVICES CONTAINED IN ADVERTISEMENTS.

AS TO THE OPERATION OF THE SITE, NEXTEMR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEXTEMR MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS SITE WILL MEET THE USER'S REQUIREMENTS OR EXPECTATIONS; (II) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS, OR FREE OF ERROR OR MALFUNCTION; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (IV) ERRORS OR DEFECTS WILL BE CORRECTED. THE USER (AND NOT NEXTEMR) ASSUMES THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR THE USER'S COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY UNAUTHORIZED CODE, ERRORS OR OTHER PROBLEMS THE USER MAY HAVE AS A RESULT OF ACCESSING THE SITE.

LIMITATION OF LIABILITY

NEXTEMR SHALL NOT HAVE ANY LIABILITY IN TORT, CONTRACT OR OTHERWISE (AND AS PERMITTED BY LAW, PRODUCT LIABILITY) TO USERS OR ANY THIRD PARTY UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE.

UNDER NO CIRCUMSTANCES SHALL NEXTEMR BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, TIME OR OTHER INTANGIBLE LOSSES) THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF, OR THE INFORMATION AVAILABLE ON, THE SITE.

NEXTEMR SHALL NOT BE LIABLE TO A USER OR THIRD PARTY EVEN IF ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE DAMAGES INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENT.

APPLICABLE LAW MAY 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 OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL TOTAL LIABILITY TO YOU BY NEXTEMR FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED $100.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NextEMR from any claim, demand, loss, costs or expense, including attorneys' fees and costs, made by any person arising out of your violation of these Terms of Use or any other person's rights hereunder, including violation of any intellectual property or privacy right. NextEMR may, at its own expense, participate in any matter subject to indemnification by you, and you shall not settle any such matter in a manner prejudicial to the rights of NextEMR without the written consent of NextEMR, which shall not be unreasonably withheld.

PRIVACY AND SECURITY

For information on how NextEMR uses and protects the personal information of users of its Site, please click here to view the Privacy Policy.

U.S. GOVERNMENT END USES

If you are affiliated with the U.S. government, then you should know that the software and documentation available on our Site are "commercial items," as that term is defined in 48 C.F.R. § 2.101 (October 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. § 12.212 (September 1995). Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7201-1 through 27.7202-4 (June 1995), all U.S. government end users utilize the software and documentation within our Site with only those rights set forth herein.

COMPLETE AGREEMENT

These Terms of Use, the NextEMR Privacy Policy, and the Website Use Agreement you entered into when receiving your username and password constitute the entire agreement between you and NextEMR with respect to the use of the Site.

Thank you for your cooperation. We hope you find the Site helpful and convenient to use. Questions or comments regarding this website, including any reports of non-functioning links, should be submitted to webmaster@nextemr.com.