HSoft Privacy Policy and Terms of Use

1. Privacy Policy.

1.1. Personally Identifiable User Information is Not Disclosed to Third Parties. Users' personally identifiable information, which is used and stored on the HSoft system, is not, and never will be, shared with parties other than HSoft, its parent and subsidiary companies, service subcontractors and companies that may merge with or acquire substantially all of HSoft's assets ("Affiliates").

1.2. Data Loss Protection. HSoft uses some of the best commercially available products and/or service providers to back up our databases. Unfortunately, sometimes data is lost between backup periods, so not all data can be guaranteed to be backed up. Neither HSoft nor our Affiliates will be held liable to any user or any third party, if data is lost between backup periods.

1.3. Security.

1.3.1. HSoft's Security Measures. This website has security measures in place to guard against the interception, loss, misuse and alteration of the information under our control.
1.3.1.1. Physical Security. HSoft exercises great care in providing secure transmission of user information to our server. Our server is located in a locked room. The facility where the server is maintained has security procedures in place. In addition, only authorized personnel handle data.
1.3.1.2. Access Security. No data transmission over the Internet can be guaranteed to be 100% secure, and neither HSoft nor its Affiliates will be liable should a third party obtain any user's personal information.

1.3.2. Users' Security Responsibilities. To help protect users' accounts, each user must keep their username and password secure. In addition, HSoft recommends that users never divulge their username or password to anyone. HSoft will never ask users for their username or password in an unsolicited telephone call or e-mail. Ultimately, users are responsible for maintaining the secrecy of their username and password, and any account information.

1.4. Changes to the HSoft Privacy Policy. HSoft reserves the right to modify or amend this privacy policy at any time and for any reason. In order to keep users informed, HSoft will notify users of changes to our privacy policy on our home page at http://www.meditrek.com.

1.5. Contact Us. You may direct any of your questions or concerns about privacy or security issues to us at info@hsoft.org.

2. Terms of Use.

2.1. Permitted Use. HSoft authorizes you to use, and view the material on, the HSoft website solely for the purposes of evaluation and experience tracking, management, and activity scheduling of students and medical residents. No other uses are permitted.

2.2. Misuse. Any misuse of the HSoft website is a material breach of these Terms of Use, which will cause your permission to use the HSoft website to automatically terminate. You agree to defend, indemnify, and hold HSoft, its Affiliates, officers, directors, employees, agents, licensors, licensees and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use. In consideration for your permission to use the HSoft website, you agree that the following actions shall constitute a material breach of these Terms of Use:
2.2.1. Using the HSoft website for any purpose in violation of any local, state, national or international law, statute, rule, regulation, ordinance or directive;
2.2.2. Posting or using material in a manner that infringes on the intellectual property or privacy rights of HSoft or its Affiliates, or others;
2.2.3. Posting material that is false, unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, insulting or embarrassing to others as determined by HSoft in its sole discretion;
2.2.4. Impersonating another user, subscriber, person or business;
2.2.5. Distributing viruses or other harmful computer code;
2.2.6. Collecting information about others, including, but not limited to, e-mail addresses;
2.2.7. Enabling or allowing any other person or entity to use your username or password for accessing the HSoft website or any other purpose;
2.2.8. Engaging in any other conduct that restricts or inhibits any other user from using or enjoying the HSoft website, or which, in the sole judgment of HSoft, may expose HSoft or any of its Affiliates, users or subscribers to any liability or detriment of any type;
2.2.9. Disclosing, or failing to prevent from disclosure, any protected health information, personally identifiable information, sensitive information or other personal information; or
2.2.10. Failing to post and maintain current and accurate information.

2.3. HSoft's Ownership. Title to and ownership of the HSoft website, and all of its attendant intellectual property rights, remains exclusively with HSoft. All rights not expressly granted herein are reserved to HSoft. The HSoft website is protected by, among other things, copyright and trademark laws of the United States and foreign countries. Any misuse of the HSoft website may violate copyright, trademark and other laws. To the extent that users and other parties retain any rights in materials provided to HSoft for use on this website, users and other providers hereby grant to HSoft a worldwide, irrevocable, perpetual, free license to use, copy, modify and display those materials in all media, both existing and yet to be invented, as HSoft deems in its sole judgment to be appropriate.

2.4. HSoft's Rights. HSoft and its Affiliates reserve the right, but are not obligated, to take any or all of the following actions. HSoft and its Affiliates shall have no liability or responsibility to subscribers, users or any Third Party for HSoft's or its Affiliates' performance or nonperformance of the following actions.
2.4.1. Change or alter the content of the HSoft website without notice at the sole discretion of HSoft or its Affiliates;
2.4.2. Transmit, monitor, retrieve, store, and use your personally identifiable information as HSoft or its Affiliates deem necessary to operate the HSoft website;
2.4.3. License or sublicense their rights;
2.4.4. Initiate investigations or investigate allegations that uses do not conform with the Terms of Use, and to block such uses or remove such communications;
2.4.5. Terminate a user's access to the HSoft website;
2.4.6. Monitor, edit or disclose the author or content of any communication on the HSoft website; and
2.4.7. Take any action HSoft deems in its sole discretion necessary to protect the rights or personal safety of users, subscribers or the public.

2.5. Liability of HSoft and its Affiliates. HSoft warrants that the HSoft website will perform substantially in accordance with the online documentation provided by HSoft to its subscribers. HSoft's entire liability and user's exclusive remedy under this warranty will be, at HSoft's option, to repair the HSoft website or to refund any subscription and license fees directly associated with any defective functions. EXCEPT FOR THE FOREGOING WARRANTY, THE WEBSITE AND ALL UPGRADES, CUSTOMIZATIONS, CHANGES MODIFICATIONS AND CORRECTIONS ARE PROVIDED "AS IS", AND HSOFT AND ITS AFFILIATES MAKE NO OTHER WARRANTIES OF ANY KIND. HSOFT AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, TITLE, NONINFRINGEMENT, MERCHANTABILITY OF THE COMPUTER PROGRAM, FITNESS FOR A USER'S PURPOSE, AND FITNESS FOR SYSTEM INTEGRATION. HSOFT AND ITS AFFILIATES DO NOT WARRANT THAT THE USE OR OPERATION OF THE WEBSITE OR ANY UPGRADE, CUSTOMIZATION, CHANGE, MODIFICATION OR CORRECTION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE FROM INTERCEPTION OVER THE INTERNET. FURTHERMORE, HSOFT AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR ANY UPGRADE, CUSTOMIZATION, CHANGE, MODIFICATION OR CORRECTION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. USER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION AND CONDITION OF THE SOFTWARE AND HARDWARE USED BY USER TO ACCESS AND USE THE WEBSITE OVER THE INTERNET.

HSOFT'S AND ITS AFFILIATES' TOTAL LIABILITY ARISING OUT OF USER'S USE OR RELATING TO THE TERMINATION THEREOF SHALL BE LIMITED TO ANY AMOUNT HAVING ACTUALLY BEEN PAID BY THE USER TO HSOFT OR ITS AFFILIATES. IN NO EVENT SHALL HSOFT OR ITS AFFILIATES BE LIABLE FOR COSTS OF SUBSTITUTE WEBSITES, SYSTEMS OR SERVICES. HSOFT AND ITS AFFILIATES SHALL NOT BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY, LOST PROFITS, COST OF RECOVERY, COVER, PERSONAL INJURY, DEATH OR ANY OTHER DAMAGES), REGARDLESS OF THE CAUSE AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF HSOFT OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE EXISTENCE OF CLAIMS OR SUITS AGAINST MORE THAN ONE HSOFT OR AFFILIATE WEBSITE, SYSTEM, SERVICE OR PRODUCT WILL NOT ENLARGE OR EXTEND THE ABOVE LIMITATION ON LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Any claims arising in connection with your use of the HSoft website must be brought within one (1) year of the date of the event giving rise to such action. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

2.6. Medical Disclaimer. Each user acknowledges that (a) the content available through this website is for informational and educational purposes only, and is not a substitute for the professional medical judgment of the user; (b) HSoft is not providing medical advice; and (c) providers of lectures, presentations and other materials contained in this website are solely responsible for the content of those materials.

2.7. Miscellaneous.

2.7.1. Foreign Use. HSoft is based in Pennsylvania, United States. HSoft makes no claim that the HSoft website is appropriate or may be downloaded outside of the United States. Access to the HSoft website may not be legal by certain persons or in certain countries. If you access the HSoft website from outside the United States, you do so at your own risk and are responsible for compliance with the laws, statutes, rules, regulations, ordinances and directives of your jurisdiction.
2.7.2. Jurisdiction and Venue. The parties expressly agree that exclusive jurisdiction for any dispute with HSoft or any of its Affiliates, or in any way relating to any use of the HSoft website, resides exclusively in the courts of the Commonwealth of Pennsylvania, in the City of Philadelphia for state claims, and in the Eastern District of Pennsylvania, in the City of Philadelphia for federal claims. You further agree and expressly consent to the exercise of personal jurisdiction in the foregoing courts in connection with any such dispute including any claim involving HSoft or its Affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
2.7.3. Governing Law. These Terms of Use are governed by the substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
2.7.4. Modifications. HSoft reserves the right to modify or amend these Terms of Use at any time and for any reason. In order to keep you informed, HSoft will ensure that we notify users of changes to our Terms of Use by identifying the alteration on our website at http://www.meditrek.com.
2.7.5. Survival. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: HSoft's Ownership; HSoft's Rights; Liability of HSoft and HSoft Affiliates; Jurisdiction and Venue; Governing Law; and Survival.
2.7.6. Entire Agreement. These Terms of Use and Privacy Policy constitute the entire agreement between you and HSoft with respect to the use of the HSoft website.

Revised 5/9/2013