Terms Of Use

Terms of Use for Verisma Websites and Services

Last modified:  March 15, 2019.

 

 

Agreement to Terms of Use for Verisma Websites and Services

These Terms of Use apply to the Verisma website, www.verisma.com, and all associated websites linked to www.verisma.com including, without limitation, the Verisma Requestor Portal website (https://track.recordjacket.com/), and Verisma’s Release Manager website (www.recordjacket.com) (collectively, the “Websites”), and to the Verisma services available through the Websites (collectively, the “Services”). 

The Websites and the Services are the property of Verisma Systems, Inc. (“Verisma”).  All references in these Terms of Use to “our,” “us,” “we,” “Verisma” or the “Company” refer to Verisma Systems, Inc., its subsidiaries, affiliates, and associates.  The Services are provided by Verisma Systems, Inc., located at 1421 Prince Street, Suite 250, Alexandria, VA 22314.

Verisma may, in its sole discretion, change, add, remove, or update part or all of these Terms of Use at any time simply by revising them on our websites.  It is your responsibility to check these Terms of Use periodically for changes.  Your continuing use following such changes constitutes acceptance of them.

BY USING THE WEBSITES OR THE SERVICES, YOU AGREE TO THESE TERMS OF USE.  PLEASE READ THEM CAREFULLY.  IF YOU DO NOT AGREE, DO NOT USE THE WEBSITES OR THE SERVICES.

As long as you agree to and comply with these Terms of Use, Verisma grants you a personal, non-exclusive, non-transferable, and limited right to use the Websites and the Services.

Privacy and Intellectual Property Rights 

Verisma’s Privacy Policy [hyperlink] explains how we treat your personal data and protect your privacy when you use our Websites and Services.  By using our Websites or Services, you agree that Verisma can use such data in accordance with this policy.

All of the content in the Websites including, without limitation, the text, graphics, user interfaces, logos, icons, photographs, data, arrangements, code, and overall design of the sites, is the exclusive property of and owned by Verisma, its licensors, or its content providers and is protected by copyrights, trademarks, services marks, trade secrets, and other proprietary rights and laws.  Use of our Services does not give you ownership of any intellectual property rights in or to the Services.  Verisma does not warrant or represent that your use of the Websites or the Services will not infringe rights of parties not affiliated with Verisma.

You may not copy, sell, license, or otherwise distribute the content on our Websites, nor may you create any derivative work from it.  None of the content on our Websites or any part of the Websites may be reproduced on any other website.  You agree to comply with all additional restrictions displayed on the Websites.

Verisma does allow you to print one copy of the content for your own personal, non-commercial use, subject to these Terms of Use.  In addition, you may download and temporarily store one or more pages for the sole purpose of viewing on a personal computer or monitor.  Otherwise, you may not reproduce, display, modify, copy, store in a retrieval system, transmit (in any form or by any means), distribute, use for creating derivative works, or use in any way for commercial or public purposes any content in or parts of the Websites without our prior written consent.

Links to Other Sites

Solely for your convenience, our Websites may contain links to other websites (“Linked Websites”) of parties not affiliated with Verisma.  We do not review, control, or examine Linked Websites, and Verisma is not responsible for or endorse any content, products, services, advertising, or other information contained in Linked Websites.  Verisma is not responsible for the privacy practives of Linked Websites.  You will need to make your own independent judgments regarding your interaction with Linked Websites, and you are responsible for complying with any applicable laws or terms of use with respect to Linked Websites.

 

 

 

Using the Websites

You may not: 

reproduce, copy, sell, or otherwise exploit for any commercial purposes any content or parts of the Websites including, without limitation, by using any “page scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar manual process, to access, acquire, copy, or monitor any content or part of the Websites; 

attempt to gain unauthorized access to any part or features of the Websites, to any information not intentionally made available through the Websites or the Services, or to any systems or networks connected to the websites or to any Versima server by hacking, password mining, or any other illegitimate methods; 

probe, scan, or test the vulnerability of the Websites or of any networks connected to the Websites, or attempt to circumvent the security or authentication arrangements on the Websites;

use the Websites in any way that could damage, disable, overburden, or impair the Websites or use of the Websites by any person; or

use the Websites or any content on or available through the Websites for any unlawful, fraudulent, or malicious purpose or in any manner prohibited by these Terms of Use.

The Websites may provide certain summary descriptions or other helpful information regarding Verisma’s Services. We attempt to be as accurate as possible. However, any such materials are intended to generally describe the Services and are subject in all respects to the specific terms and conditions of the actual service agreement to which they refer.

Using Verisma’s Services

You must follow any instructions or policies regarding use of the Services set forth in the Websites.  Certain Services require registration.  You agree to provide true, accurate, current, and complete information about yourself. 

Verisma may assume that any use of your account or communications received by Verisma from your account have been made by you unless you notify us promptly.  You are entirely responsible for maintaining the confidentiality of your information submitted to Verisma, including your password(s), and for any activity that occurs under your account as a result of your failure to maintain the security and confidentiality of your information.  You may be held liable for any privacy or other claims asserted or damages incurred by any party, including Verisma, resulting from use of your account.

You may not interfere with the Services or try to access them using a method other than the interfaces and instructions Verisma provides.  You may not, nor may you permit any person to, modify, reverse engineer, disassemble, decompile or otherwise derive or attempt to derive source code from the Services or any component of them.  You may not combine any aspect of the Services into another program or create or attempt to create derivative works based on the Services.  You may not copy, modify, distribute, sell, or lease any component of the Services or included softare without Verisma’s authorization. 

You may use the Services only as permitted by applicable laws including, without limitation, the Health Insurance Portability and Accountability Act, Pub. L. No. 104-191, 110 Stat. 1936 (1996), as amended by the Health Information Technology for Clinical and Economic Health Act, Pub. L. No. 111-5, 123 Stat. 226 (2009), and the 21st Century Cures Act, Pub. L. No. 111-255, 130 Stat. 1033 (2016), and as codified in relevant part at 42 U.S.C. § 17291, et seq., and 45 C.F.R. § 164.501, et seq (collectively, “HIPAA”).  You may not use any information obtained via our Services unless permitted under HIPAA.  Verisma may suspend or terminate your use of the Services if you do not comply with these Terms of Use or instructions and policies relating to use of the Services, or if we are investigated suspected misuse of the Services by your account.

Using our Services does not give you ownership of any intellectual property rights in our Services or in the content you may access or retrieve. 

Use of the Services may provide you with information that is not Verisma’s, e.g., medical records from healthcare providers.  That content is the sole responsibility of the entity that makes it available. 

Verisma is constantly changing and improving the Services.  We may add, remove, or change features or functionalities of the Services, and we may suspend or stop providing any Service at any time in our sole discretion.

In connection with your use of the Services, Verisma may send you announcements, administrative messages, or other information.  You may be permitted to opt-out of some of these communications.

 

 

 

Our Warranties and Disclaimers

Verisma provides the Websites and our Services using a reasonable level of skill and care, but we do not make any representations or promises regarding the accuracy, completeness, or adequacy of the content or other information contained in the Websites or the features and functionalities of the Services.  The Websites and the Services are provided on an “as-is” and “as-available” basis.

OTHER THAN AS EXPRESSLY STATED IN THESE TERMS OF USE, VERISMA DOES NOT MAKE ANY COMMITMENTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE WEBSITES OR THE SERVICES.  USE OF THE WEBSITES AND THE SERVICES IS AT YOUR SOLE RISK. 

VERISMA DOES NOT WARRANT THAT THE WEBSITES OR ANY INFORMATION THAT YOU MAY DOWNLOAD FROM THE WEBSITES OR VIA THE SERVICES ARE FREE OF VIRUSES, DESTRUCTIVE FEATURES, DEFECTS, OR ERRORS.  IT IS YOUR RESPONSIBILITY TO ENSURE THAT WHATEVER INFORMATION YOU SELECT FOR YOUR USE IS FREE OF ITEMS SUCH AS VIRUSES, TROJAN HORSES, OR OTHER ITEMS OF A DESTRUCTIVE NATURE.

YOU ACKNOWLEDGE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITES OR THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.

SOME JURISDICTIONS PROVIDE THAT UNLESS DISCLAIMED, CERTAIN WARRANTIES ARE LEGALLY IMPLIED, AMONG THEM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR A COURSE OF DEALING.  TO THE EXTENT PERMITTED BY LAW, VERISMA DISCLAIMS AND EXCLUDES ALL SUCH WARRANTIES.

YOUR SOLE REMEDY AGAINST VERISMA FOR DISSATISFACTION WITH THE WEBSITES OR THE SERVICES IS TO STOP VIEWING THE WEBSITES OR TO STOP USING THE SERVICES.

Limitation of Liability

VERISMA MAY NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, FOR CLAIMS FOR LOST PROFITS, ARISING FROM OR RELATED TO USE OR OPERATION OF THE WEBSITES OR THE SERVICES, OR ANY LINKED WEBSITES, OR FROM ANY ACTIONS WE MAY TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION APPLIES IRRESPECTIVE OF THE BASIS OF LIABILITY (i.e., WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).  IF A JURISDICTION DOES NOT PERMIT SUCH AN EXCLUSION OR SUCH A LIMITATION ON LIABILITY, THIS EXCLUSION OR LIMITATION ON LIABILITY WILL BE TO THE EXTENT PERMITTED BY LAW.

IN ALL CASES, VERSIMA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORSEEABLE BY US.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VERISMA FOR ANY CLAIMS ARISING OUT OF OR RELATING TO USE OF THE WEBSITES OR THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES THAT MAY BE LEGALLY ENFORCEABLE, SHALL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID US TO USE THE WEBSITES AND THE SERVICES.

Your Indemnification of Verisma

You agree to indemnify and hold Verisma and subsidiaries and affiliates, and its and their directors, officers, employees, investors, and agents harmless from and against any claims, demands, expenses (including attorneys’ fees and costs), or other liability made against Verisma due to, arising out of, or in connection with your use of the Websites or the Services or any violation of these Terms of Use.  If you cause a technical disruption of the Websites or the Services, you agree to be responsible for all losses, damages, and costs (including attorneys’ fees and costs) incurred by Verisma or by third parties arising or resulting from the disruption.

Verisma reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in that event, you agree to cooperate with Verisma in the defense of such matter.

Governing Law; Dispute Resolution

You agree that all matters pertaining to your access or use of the Websites or the Services, including all disputes, will be governed by the laws of the United States and the laws of the State of Delaware without regard to its conflicts of laws provisions.  Except as provided in the paragraph below, you agree to the personal jurisdiction of and venue in the state and federal courts in Alexandria, Virginia, and you waive any objections to such jurisdiction or venue.

Notwithstanding the foregoing, you agree that Verisma, in its sole discretion, may require you to submit any dispute relating or referring in any manner to these Terms of Use or to your use of the Websites or the Services to final and binding arbitration to be conducted in Alexandria, VA under the Commercial Arbitration Rules of the American Arbitration Association before one or more arbitrators appointed in accordance with those rules and applying the laws of Delaware.  The arbitrators shall have no authority to award direct, indirect, punitive, incidental, special, or consequential damages or other damages not measured by the prevailing party’s actual damages including, without limitation, claims for lost profits.

If any provision of these Terms of Use is held invalid or unenforceable, the remaining provisions will remain in full force and effect and, if possible, the provision found unenforceable will be construed in a manner consistent with the remaining provisions.

Entire Agreement and Admissibility

These Terms of Use and any policies referred to in these Terms constitute the entire understanding between you and Verisma with respect to your access and use of the Websites and the Services.  They do not create any third party beneficiary rights.

These Terms of Use shall be admissible in any judicial or arbitral proceeding relating to use or access of the Websites or the Services to the same extent and subject to the same conditions as any other business documents or records.