The © Greenway Health, LLC (“Greenway”) public web site, including but not limited to greenway.wpengine.com, (the “Public Site”) and Greenway secure web sites, including but not limited to our Customer Secure Site and Business Alliance Program Secure Site (the “Secure Sites”) (the Public Site and the Secure Sites collectively hereinafter referred to as the “Site”) are owned and operated by Greenway.
Greenway may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features, at any time. Greenway may remove, modify, or otherwise change any content, including that of third parties, on or from this Site. Greenway may impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Greenway may terminate your use of the Site at any time in its sole discretion.
These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with Greenway.
Copyrights. All content on the Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are either Copyright 2000-2013 Greenway, or are the property of Greenway’s affiliates or licensors. All rights reserved.
Trademarks. All trademarks on the Site are either trademarks or registered trademarks of Greenway or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Greenway. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Greenway or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Greenway. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
Patents. Greenway’s products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. Greenway reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these TOU. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Greenway’s products or processes.
Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, the “Software”), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to Greenway. Greenway retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
User Conduct – General.
In using this Site, you agree:
not use this Site to seek, provide, or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patient’s particular condition or situation.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site. This Site is controlled and operated in the United States. If you are in a jurisdiction that restricts you from accessing this Site, do not access or use this Site. Greenway makes no representation that the Site is appropriate or available for use outside the United States.
User Conduct – Bulletin Boards.
The Secure Sites may include bulletin boards, which allow feedback to Greenway and real-time interaction between users. Greenway does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the bulletin boards and the Secure Sites that you do not:
post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising;
By accessing the Secure Sites, you acknowledge and agree that Greenway has no obligation to monitor bulletin boards. Greenway reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless Greenway and its affiliates and parties with whom Greenway has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.
You expressly agree that you will not discuss or refer to any particular patient, any particular patient’s medical condition or any other information that could identify a particular patient.
Online Communications On and Through the Site.
Except as otherwise provided in section 5 below, you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes or requests for quotes, performance data, account information, or other material, data, or information (collectively, “Information”), are non-confidential and upon transmission of such Information to Greenway via email or other means you grant to Greenway an irrevocable, non-exclusive, royalty-free, sublicensable, world wide license (including but not limited to a copyright license) to use such Information in any media for any purpose.
Customer Secure Site.
Only Greenway Customers are allowed access to the Greenway Customer Secure Site. The terms of this Section 6 apply to Customers accessing the Customer Secure Site.
Access to the Customer Secure Site is subject to these TOU and the terms of your software and/or services agreement (your “Agreement”). You agree that the Customer Secure Site contains Confidential Information as defined in your Agreement and that you will treat such Confidential Information in accordance with the terms of your Agreement. By posting messages or uploading files or templates through the Customer Secure Site, you are granting Greenway a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted. This includes the right to exploit any proprietary rights in such templates, files, or messages, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction. Files or templates you download from the Customer Secure Site are not warranted by Greenway and are not guaranteed to be accurate or up-to-date.
Business Alliance Program Secure Site.
Only Greenway Business Alliance Partners (“BAPs”) are allowed access to the Greenway Business Alliance Program Secure Site. The terms of this Section 7 apply to BAPs accessing the Business Alliance Program Secure Site.
Access to the Business Alliance Program Secure Site is subject to these TOU and the terms of your Business Alliance Program Agreement (your “Agreement”). You agree that you are accessing the Business Alliance Program Secure Site solely for the purpose of carrying out your duties under the program. You agree that the Business Alliance Program Secure Site contains Confidential Information as defined in your Agreement. You agree that documents, files, or other materials downloaded from the Business Alliance Program Secure Site are not warranted by Greenway. You are responsible for periodically returning to the Business Alliance Program Secure Site to ensure that you are using the most current documents.
Links and Third-Party Content.
Links to Other Web Sites. This Site may from time to time contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship, or recommendation by Greenway of — or responsibility for — the linked Web sites or any content, services, or products available on or through such sites.
Links from Other Web Sites. All links to this Site must be approved in writing by Greenway, except that Greenway consents to links in which:
be such as to damage or dilute the goodwill associated with the name and trademarks of Greenway or its affiliates. Greenway reserves the right to revoke this consent to link at any time in its sole discretion.
Third-Party Content. This Site may from time to time contain material, data, or information provided, posted, or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither Greenway nor its affiliates shall have any liability whatsoever to you for any such third-party material, data, or information.
THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GREENWAY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA, AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT GREENWAY DOES NOT CONTROL INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, GREENWAY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT, OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE.
GREENWAY DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES GREENWAY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.
GREENWAY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF GREENWAY, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, GREENWAY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GREENWAY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL GREENWAY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF GREENWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
Applicable Law. These TOU shall be governed by and construed in accordance with the laws of the State of Georgia, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Georgia.
These TOU constitute the entire agreement between you and Greenway governing your use of the Site. Should any provision in these TOU be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the Site must be filed within one year after it arose or be permanently barred.
Updated March 21, 2014