Last updated: November 7, 2012
Please note that the Site is provided "as is" and without warranties, as described in more detail below. The Site provides a number of tools and services to users (collectively the “Services”), including blog discussions, podcasts, comparative tools, rating services, directories of service providers and third-party content provided by vendors of EHR products and services.
The Site is intended to be a resource for vendors, buyers and users of electronic health record (“EHR”) systems.
Registration and User ID
In order to register for a user account on the Site, you will be required to provide some basic information about yourself, such as your first and last name, email address and your postal code. During registration you will also be required to create a user name and password (collectively your “User ID”). These are your credentials for accessing the Services. During registration you will also be asked whether you wish to receive communications such as an electronic newsletter.
If you choose a user name that, in our judgment, is obscene, offensive, insulting or that might otherwise subject us to criticism or denigration, we reserve the right to automatically change or delete your username, delete your posts, deny you access to the Site, or any combination of these options, all without prior notice to you.
You accept responsibility for maintaining the confidentiality of your User ID and agree not to reveal your User ID to anyone else. Similarly, you may not use anyone else's user identification and password. You will immediately notify us of any breaches of security or unauthorized use of your User ID. You are responsible for all use of the Site and Services using your User ID, including use by others to whom you may have given your User ID or are otherwise using your User ID. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
Personally identifiable information collected through the completion of a readiness assessment or provided through the process of registration will not be shared with third parties without your explicit consent.
General Responsibilities – Users
As a user of the Site and Services, you undertake certain responsibilities, including those set out below:
- You may only use the Site and Services for lawful and non-commercial purposes. You may not attempt to gain illegal access to any user information, accounts, services or computers through hacking, password mining or any other means.
- By using the Site, you agree to provide us with accurate, current, and complete information if requested. If you create a user account, you agree to update your registration to keep it accurate, current, and complete.
In addition, you agree that you will not use the Site or Services to:
engage in any illegal activities;
- gather or accumulate personal information about other users;
- interfere with or disrupt this Site, the Services, our servers or networks;
- advertise or offer to sell any goods or services for any commercial purpose unless in accordance with a specific service provided through the Site or if you have our written consent to do so;
- insult, abuse, harass, threaten, or infringe the legal right of others;
- upload or transmit, post or share any inappropriate, profane, obscene, defamatory, or illegal content;
- transmit files that contain viruses, trojan horses or software or programs that may damage or negatively affect the operation of another person's computer;
- impersonate any individual including an AmericanEHR Partners representative, or falsely state your affiliation with AmericanEHR Partners.
Responsibilities – EHR Vendors
If you are a vendor of an EHR system who wishes to list your EHR products on the Site, these additional terms and conditions apply to you:
- You will use the following language in press releases you issue for the purposes of communications, marketing or promotion regarding the AmericanEHR Partners Program:
“[company name here] is a participant in AmericanEHR Partners. Participation in this program is available to all EHR products that are certified by a nationally recognized US organization including those accredited by The Office of the National Coordinator for Health Information Technology (ONC). Participation in the AmericanEHR Partners does not imply endorsement by or partnership with the AmericanEHR Partners.”
We may amend this language from time to time in our discretion. You may not alter this language without our express prior consent.
Posting Blog Content
The Site’s blogs and forums are meant to foster the sharing of information to advance the adoption of electronic health records and EHR systems. You may only submit, post or display content to or on the Site (for example, by posting content on the blog or by rating a specific product or service through the EHR ratings) (collectively a “Posting”) in accordance with the following conditions:
- You will ensure that your Postings are not: (1) abusive, threatening, obscene, defamatory or libelous; (2) fraudulent, deceptive or misleading; (3) in violation of another’s copyright, trade-mark or any other intellectual property right; or (4) otherwise unlawful or objectionable to us.
- You confirm that your Postings are statements of your personal views and opinions, and not those of us or any other person.
- You acknowledge and agree that: (1) you are solely responsible and liable for your account, your Postings, your use of the Site and Services, and any claims, damages, losses or expenses arising directly or indirectly from any of the foregoing; and (2) we are merely acting as a conduit for the distribution of Postings and we are not undertaking any obligation or liability relating to any Postings or other user activities on the Site.
- We reserve the right, to be exercised in our sole discretion, to remove any Posting for any reason and at any time, but we have no obligation to do so. We may block the individual who posted the offending comment from future postings.
- In consideration of allowing you to have an account, place Postings and otherwise use the Site and Services, you grant us a perpetual, binding, worldwide, royalty-free, and non-exclusive license to reproduce, modify, translate, publish, display, telecommunicate and distribute your Postings.
Further, although anyone can view and use the Site information, only US physicians or users of EHR systems are entitled to post comments on the Site’s blogs. Vendors of hardware or EHR software should use the Site as a resource but may not post responses to physician commentary unless specifically invited to do so by the blog author. The blogs are constantly monitored to ensure relevance of discussion items.
Site Content and Proprietary Rights
The Site, its organization and design, and all information, images, artwork, text, video, audio, pictures and other materials on the Site (including content that we create as well as content provided by third parties including users, professional societies, partners, sponsors and advertisers) (collectively the “Content”) are protected by copyright and other proprietary rights, and belongs to us or our partners, sponsors or advertisers. The Content includes product comparisons, product ratings, podcasts, webinars, white papers, testimonials, educational programs, video clips, podcasts and online demonstrations.
You may download information from the Site for your personal non-commercial viewing, but you may not otherwise publish, republish, modify, broadcast, partake in the transfer or sale of, duplicate, distribute, frame in another web page, transmit display, create derivative works from or in any way exploit any of the Content without our prior written approval. You do no acquire ownership rights to any Content by accessing or using the Site or the Services, and our posting of Content does not constitute a waiver of any right in or to such Content.
The software and technology that underlies the operation of the Site and Services is the property of Cientis Technologies Inc. You agree not to:
1. modify the underlying software in any manner or form or use modified versions of the software in order to allow unauthorized access to the Site;
2. duplicate, distribute, modify, sell, reverse engineer or transfer any right to the technology or software underlying the Site or the Services; or
3. use any automated mechanisms, including and without limitation, spiders, agents, robots or scripts, to access, monitor, or duplicate any part of the Site.
The Site may contain links to Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over third-party sites and we are not responsible for any changes to or content accessed through them. Our inclusion of any third-party content or a link to a third-party site is not an endorsement of the content on that site or of that third-party site.
If you wish to create a link from your website to the Site you are granted a limited, non-exclusive license to link to RSS feeds as supported by RSS reader applications or to create a hypertext link to the Site under the following conditions:
- You will not represent the Site or the Services in a false, misleading, or slanderous manner;
- you will not place any part of Site within a frame or nested page on your site;
- you will not use any of our icons or logos on your website without our express written consent; and
- you will not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your website.
We reserve the right to revoke this license at any time if you do not abide by these conditions.
The Site provides an array of educational content from multiple sources. This educational content is provided "as is" and without warranties, and is published in accordance with the AmericanEHR Partners editorial policy located at http://www.americanehr.com/about/editorial_policy.aspx. Third-party educational content is posted with the permission of the relevant content owners and. Publication of third party educational content should not be construed as endorsement or peer review of the content.
Use of the Readiness Assessment tool
The Site’s readiness assessment tool (the “Readiness Assessment”) is provided "as is" and without warranties. The Readiness Assessment is provided as a mechanism for potential purchasers/users of EHRs to determine their readiness to adopt an EHR. The Readiness Assessment also provides general recommendations to assist physicians and practices in their preparation for an EHR. Readiness Assessment scores and recommendations should never be used as the only mechanism to prepare for an EHR and should simply be used as a guide.
We make no representations or warranties that the use of the Readiness Assessment will result in the successful implementation and use of an EHR system.
De-identified information collected through the Readiness Assessment may be shared with professional societies or sold to third parties.
Use of Rating Information
Rating information presented on the Site is collected by us and our partnering societies from our respective members. The rating information does not necessarily reflect our official position or that of any other participating professional societies or organizations, and represents only the views of individual(s) rating the products. We make no representations or warranties as to the accuracy or completeness of the information provided. The rating information is offered for informational purposes only. You use or rely on such information at your own risk, and you are solely responsible for any action or outcome arising from your use of or reliance on such rating information. The rating information presented on the Site does not imply any endorsement by or partnership with us.
Use of the Electronic Request for Information (RFI) service
The Site’s electronic request for information service (“RFI”) is provided "as is" and without warranties, including warranties as to the accuracy or completeness of the information, and we do not assume liability or responsibility for any information exchanged through the RFI service. You should undertake a full review of information communicated through the RFI service. You use or rely on such information at your own risk, and you are solely responsible for any action or outcome arising from your use of or reliance on such rating information.
To create a profile on the site and manage the RFI process, vendors can elect to pay either a yearly fee or a performance fee for proposal requests (RFIs) that are submitted by members for EHR products. The vendor performance payment model was implemented in August 2012 as an alternate mechanism that would encourage broader participation by a wider range of vendors, particularly those that are new to the market, smaller in size, or support niche markets or specialties. The RFI service is only available to EHR vendors participating in the AmericanEHR Partners program or verified users of the AmericanEHR Partners program who are members of a professional organization or who have been verified as physicians or practice managers through an alternate mechanism agreeable to us.
Use of the Comparison Engine
The Site’s EHR comparison engine tool (“Comparison Engine”) is intended to provide users with a limited set of comparison criteria for EHR systems available in the United States. The Comparison Engine is not comprehensive and does not compare all criteria available for all systems. Additional information is available directly from EHR vendors. It is incumbent upon all potential purchasers of EHR systems to follow a due-diligence process and undertake detailed research when making a final selection of a specific EHR system.
The information made available through the Comparison Engine is populated, updated and maintained by participating EHR vendors. The topics and questions have been reviewed by a national physician advisory group and have been reviewed by EHR vendors through a vendor advisory panel. The content includes descriptions of features and functionality for each EHR product, numbers of users by province and specialty, product descriptions and availability. We do not guarantee, make any representation to you regarding, and are in no way responsible for the accuracy, integrity, quality, source, or nature of the Comparison Engine’s content.
Third-party sites, products, and services
We do not sell, resell, or license any of the products or the services that are reviewed, listed, or advertised on the Site. We renounce any responsibility for or liability related to them. Your activities with third parties, including payments, services and products are exclusively between you and that third party. You agree that AmericanEHR Partners will not be held accountable or liable for any loss or damage of any sort incurred as the result of any of your dealings with third parties. Any claims, queries or complaints should be directed to the appropriate vendor.
Fee based services
Some of the Services require the payment of a fee as described in the specific conditions and agreements included where those Services are offered. If you are a vendor, advertiser or sponsor you agree to pay all fees and charges that you incur. Unless otherwise stated, all currency transactions are in US dollars. Upon notice and if required by applicable laws, we may at any time change the amount of, or basis for determining, any fee or charge, or introduce new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
Requests to remove specific content from the site
If you believe that a posting is inappropriate, inaccurate or misleading; or if you believe that content you own has been copied and made available in a manner that infringes your intellectual property rights, please contact us directly regarding your concerns either via email privacy@AmericanEHR.com or in writing. The act of submitting a request to remove content that infringes your intellectual property rights indicates that you understand a false statement may be interpreted as perjury and may be subject to legal recourse.
Your request to remove specific content from the Site must include the following:
- An email address and telephone number where you can be contacted including an appropriate time of day during which you will be contactable;
- A description of the material you claim is inappropriate, inaccurate or misleading or infringes your intellectual property rights and where that content is located on the Site including a web page address (URL) that points to the page in question;
- In the event of a claimed infringement of your intellectual property rights, we require a statement that you are acting in good faith and that you believe the use is not authorized by the copyright owner or the owner of the intellectual property rights;
- In the event of a claimed infringement of your intellectual property rights, we also require a statement by you that the information in your request is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf.
The Site, Service and the Content they contain are provided on an "as is" and "as available" basis with no warranties of any kind, and you bear all risks associated with using the Sites, Services and Content. To the fullest extent permissible under applicable law, we expressly disclaim all warranties, express or implied, including those regarding the security, reliability, and performance of the Site and the Services, any implied warranties of title, non-infringement, accuracy, completeness, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. By clicking the SUBMIT button during the registration process or otherwise by using the Site or the Services, you assume all responsibility and risk for your use of the Site and Services and your reliance on any materials provided on or through the Site or Services.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMERICANEHR PARTNERS, ITS AFFILIATES, PARTNERS, ADVERTISERS, SPONSORS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
A. ANY DIRECT, INDIRECT, SECONDARY OR EXEMPLARY DAMAGES THAT YOU MAY INCUR, HOWEVER CAUSED AND UNDER ANY ASSERTION OF LIABILITY, INCLUDING ANY LOSS OF PROFIT (DIRECT OR INDIRECT), ANY LOSS OF BUSINESS REPUTATION OR GOODWILL, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. ANY LOSS OR DAMAGE THAT YOU MAY INCUR, INCLUDING LOSS OR DAMAGE AS A RESULT OF:
- ANY DEPENDENCE BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY PRODUCT OR ADVERTISING INFORMATION, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE;
- YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION AND/OR YOUR FAILURE TO KEEP YOUR ACCOUNT INFORMATION UPDATED;
- YOUR FAILURE TO KEEP YOUR USER ID SECURE AND CONFIDENTIAL;
- ANY CHANGES THAT WE MAY MAKE TO THE SITE OR SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE OR SERVICES (OR ANY FEATURES WITHIN THE SITE OR SERVICES); or
- THE CORRUPTION OF, DELETION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE OR SERVICES.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE ARISING.
- suspend or terminate your access to all or any part of the Site or Services;
- suspend or discontinue all or any part of the Site or Services;
- remove any material that you have submitted to the Site;
- disable or delete your account and all related information in your account; and
- limit your further use of the Site and Services.
You acknowledge and agree that we will not be liable to you or any third party for taking any of these actions.
Jurisdiction and Interpretation
Or via mail to: Legal Counsel, 1441 East Pender Street, Vancouver, BC, V5L 1V7