- The Service Overview.The Service is intended only for your personal use in connection with your practice. You may not access or use the Service for any other purpose. You are solely responsible for any information, images, videos, or other content or materials you upload to or transmit through the Service (“Communications Data”), including but not limited to any email communications.
- Accounts and Registration.To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your practice name, practice email, practice address, and user information. You agree that the profile information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You understand and agree that as part of the registration process we may use this information to verify your eligibility to use the Service. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at email@example.com.
- Limited License.Subject to your ongoing compliance with these Terms, Xpress grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your commercial operations use for lawful purposes.
- License Restrictions.Except and solely to the extent permitted by applicable law notwithstanding these restrictions, you may not at any time, directly or indirectly, and may not permit any other person to: (i) reproduce, distribute, publicly display, or publicly perform the Service or any part thereof; (ii) reverse engineer, decompile, or make modifications to the Service or any part thereof; or (iii) interfere with or circumvent any feature of the Service or any part thereof, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
- Reservation of Rights.Xpress reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Xpress intellectual property.
- Open Source Software.The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms will be deemed to prevent, restrict, or otherwise prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.
- Consent to Communications and Monitoring/Recording of Voice Calls and Text Messages Made Through the Service.By providing us with your contact information and using the Service, you agree to receive communications, including via e-mail and phone calls from or on behalf of Xpress, at the email address or telephone number you provided. These calls and messages may be for informational purposes, such as to provide you with the information or consultation you requested, or they may include marketing material from Xpress and its partners.
We or our service providers on our behalf may, without further notice or warning and in our discretion, monitor and/or record video and voice calls for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others, and you hereby consent to such monitoring and recording.
- Responsibility for Communications Made Through the Selected Services. You acknowledge and agree that the Service facilitates your communications through the platform and you are solely responsible for the communications you and your account initiate and receive using the Service. Without limiting the foregoing, you are solely responsible for ensuring your compliance with applicable international, federal, state, and local laws, regulations, and rules (including consent requirements) associated with electronic communications by text message and electronic mail including, without limitation, the Telephone Consumer Protection Act, the U.S. CAN-SPAM Act, and similar state laws. You acknowledge and agree that you select and agree to the timing, content, and recipients of the communications you initiate through the Service and that we act solely as a service provider providing a platform facilitating the transmission of such communications.You agree that you and your account are prohibited from using the Service for telemarketing and other related purposes. We in our sole discretion may restrict, suspend, or permanently stop any and all use of the Service for communications by you and your account including, without limitation, restricting the timing, content, and recipients of communications. You agree that we may impose additional terms and conditions associated with communications made through the Service by you, and you must comply with such terms and conditions or cease using the Service to initiate communications.
- User Content
- User Content Generally.Certain features of the Service may permit you or other users to upload content to the Service, including Communications Data and other messages, reviews, images, data, text, and other types of information (“User Content”) and to publish User Content on the Service. You retain any copyrights, moral rights, and any other proprietary rights that you may hold in the User Content that you post to the Service.
- Limited License Grant to Other Users.By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to view that User Content when they use the Service as permitted by these Terms and the functionality of the Service.
- User Content Representations and Warranties.You are solely responsible for your User Content, including any violations of copyright protections for User Content submitted to the Service, and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Xpress and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by the Service, Xpress, and these Terms; and
- your User Content, and the use of the Service as contemplated by these Terms, does not and will not: (x) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (y) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (z) cause [Company] to violate any law or regulation, including laws related to the privacy of personal or health information.
- User Content Disclaimer.We are under no obligation to monitor, edit, or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content or any failure to review or act upon User Content. Xpress may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. To the fullest extent allowed under applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Xpress with respect to User Content. We expressly disclaim any and all liability in connection with User Content, to the fullest extent allowed under applicable law. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.
- Procedure for Unlawful User Content
- If you believe that any User Content does not conform to these Terms, please notify us at [firstname.lastname@example.org].
- DMCA Notification.We comply with the provisions of the Digital Millennium Copyright Act (the “DMCA”) applicable to our operations (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our designated agent at the following address:
Xpress Automated Solutions, LLC
ATTN: Legal Department (Copyright Notification)
7 Moran Avenue
Wappingers Falls, NY 12590
Please note that under applicable law, if you knowingly give false, misleading or inaccurate information that User Content is infringing, you may be subject to civil or criminal penalty. Any notice under the DMCA alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include all of the information required by the DMCA for such notices.
- Repeat Infringers.Xpress will take steps to promptly terminate without notice the accounts of users that are determined by Xpress to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least three times.
- Prohibited Conduct.BY USING THE SERVICE YOU AGREE NOT TO, DIRECTLY OR INDIRECTLY, AND MAY NOT PERMIT ANY OTHER PERSON TO:
- use or access the Service (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;
- use the Service to communicate or transmit protected health information (“PHI”) in violation of the Health Insurance Portability and Accountability Act of 1996 and any associated rules and regulations (“HIPAA”);
- conduct activities that may be harmful to others or that could damage Xpress’s reputation;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or violating any third party privacy right;
- post, upload, or distribute marketing or advertising links or content, or any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- use scrapers, robots, or other data gathering devices not provided by Xpress on or through the Service;
- interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Service, including the app(s), except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) attempting to collect personal information, Communications Data, or other information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or accreditation, accessing any other Service account without permission, or falsifying your account registration information;
- modify, translate, or create derivative works, adaptations or compilations of, or based on, the Service or part thereof, or use, copy or reproduce the Service or any part thereof other than as expressly permitted in these Terms;
- assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 14) or any right or ability to view, access, or use any Material; or
- attempt to do any of the acts described in this Section 9, or assist or permit any person in engaging in any of the acts described in this Section 9.
- Third-Party Services and Linked Websites.Websites and services provided by third parties are not under our control, and we are not responsible for any third party services. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for them or their content.
- Termination of Use;Discontinuation and Modification of the Service.If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Xpress may in accordance with the MSA with your Organization terminate your user account on the Service or suspend or terminate your access to the Service at any time in our sole discretion if you violate or we suspect that you have violated any provision of these Terms.
- Modification of these Terms.We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will notify you of the modified Terms by email to the address you provided in your user profile and/or in a notification in the Service or on our website. Material modifications will be effective upon your acceptance of such modified Terms or upon your continued use of the Service after we send or post our notification of the changes, whichever is earlier. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- Ownership; Proprietary Rights.The Service is owned and operated by Xpress. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Xpress are protected by intellectual property and other laws. All Materials included in the Service are the property of Xpress or our third-party licensors. Except as expressly authorized by Xpress, you may not make use of the Materials. Xpress reserves all rights to the Materials not granted expressly in these Terms.
- Feedback. If you choose to provide input or suggestions regarding your experience with the Services (“Feedback”), then you hereby grant Xpress an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
- Export. You may not use the Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
- Contact Information.The Service is offered by Xpress Automated Solutions, LLC. You may contact us by emailing us at [email@example.com], or writing to us at 7 Moran Avenue, Wappingers Falls, NY 12590.