ReadySetConnect
ReadySetConnect is being made available for use to you on the condition that you agree to these terms and conditions. “Subscriber” or “you” refers to the person accessing or using ReadySetConnect. Violation of any of the terms below will result in the termination of this agreement and your access to the ReadySetConnect.
By subscribing or registering to use you agree to all the set terms of use of this product.
YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THESE TERMS AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE ReadySetConnect
ReadySetConnect reserves the right to add, modify or discontinue any product or service made available through ReadySetConnect. ReadySetConnect may change the terms of this Agreement at its sole discretion. If we change the terms, then we will make a new copy of the Agreement available here. ReadySetConnect is subject to the most current version of the Agreement at the time of such use.
“Applicable Laws” means national, federal, state, and local laws, rules, and regulations including, without limitation, those laws and regulations relating to data privacy and security in each applicable jurisdiction.
“Product” means those software Products which: (i) are developed, stored, accessed, and/or supported by you using the ReadySetConnect; (ii) add substantial functionality beyond the functionality provided by the incorporated components of the Software; and (iii) are not commercial alternatives for, or competitive in the marketplace with the ReadySetConnect, any components of the ReadySetConnect or Software, or any other products or services.
“Confidential Information” includes any proprietary data and any other information disclosed by one party to the other in writing and marked “confidential” or disclosed orally “Content” means all data and content, such as data files, written text, keys, computer software, music, audio files or other sounds, photographs, videos or other images that are uploaded to or that is processed using the ReadySetConnect, including those used in the development of your Product.
“Documentation” means any accompanying documentation made available to you (electronically or otherwise) by for use with the ReadySetConnect, expressly excluding any user blogs, reviews, or forums.
“Intellectual Property” or “Intellectual Property Rights” means all inventions and/or works and any and all rights under U.S. and/or foreign patents, trade secrets, know-how, copyrights, and other industrial or intangible property rights of a similar nature; all rights pursuant to grants and/or registrations worldwide in connection with the foregoing and all other rights with respect thereto; all rights under Products for any such grant or registration, all rights of priority under international conventions to make such Products and the right to control their prosecution, and all rights under amendments, continuations, divisions, and continuations-in-part of such Products; and all rights under corrections, reissues, patents of addition, extensions, and renewals of any such grant, registration, and/or right.
“Software” means (i) any proprietary software products, code, files, or other software made available to you through the ReadySetConnect in accordance with your Subscription, together with any fixes, updates, and upgrades provided to you.
“Subscription” means your subscription to the ReadySetConnect pursuant to the terms of this Agreement. Subscription is further limited to the specific level of service to which you have subscribed.
The words “include” and “including” mean “including but not limited to.”
You must maintain an active Subscription for each Account to continue using the ReadySetConnect. This Agreement and the License granted hereunder may be renewed for successive Subscription periods pursuant to the applicable Subscription purchased, until terminated in accordance with this Section. If you do not maintain an active Subscription, this Agreement, including any Additional Terms and the Licenses granted hereunder will terminate. If you have obtained a free Subscription, ReadySetConnect reserves the right at any time to modify or discontinue, temporarily or permanently, such free Subscription and your access to ReadySetConnect thereunder with or without notice. Unless modified or discontinued by its sole discretion, your free Subscription shall continue until you cancel or upgrade to a paid Subscription for any of the Products. If you have obtained a paid Subscription, payment is non-refundable, even if you / your Licensed Developers stop using ReadySetConnect. If you upgrade your Subscription, the upgrade will take effect immediately, you will be charged and must pay the applicable fee, and the term of your Subscription period may be extended, as described at the time you upgrade. You generally may not downgrade a Subscription and there is no automated mechanism available to you by which to downgrade. Downgrades require approval and assistance and will result in the loss of your Content If you downgrade your Subscription, unless otherwise specified, the downgrade will take effect at the end of the term of your existing Subscription period.
YOUR PAID SUBSCRIPTION WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE (WITHOUT NOTICE) TO COLLECT THE THEN-APPLICABLE FEE AND ANY TAXES FOR THE RENEWAL SUBSCRIPTION PERIOD, USING THE CREDIT CARD OR BILLING CREDENTIALS THAT YOU PROVIDED WITH RESPECT TO THE PREVIOUS SUBSCRIPTION PERIOD. Subscription fees and features may change over time. Your Subscription will be renewed at the level, at which ReadySetConnect in its sole discretion, identifies as being closest to your previous Subscription.
Promotional and Trial Offers. ReadySetConnect may offer trial or promotional Subscriptions (”Promotional Subscriptions”) for Products. Unless otherwise specified, a Promotional Subscription will remain active only for as long as you maintain an active, paid Subscription to the Product, or other software or service which formed the basis of your eligibility for the Promotional Subscription. ReadySetConnect reserves the right at any time to modify or discontinue, temporarily or permanently, any Promotional Subscription and your access to the Product thereunder with or without notice.
Unless otherwise prohibited by law, ReadySetConnect shall have the right to terminate this Agreement and the Licenses granted hereunder immediately if: (i) you breach any of the terms of this Agreement, (ii) if ReadySetConnect’s relationship with a third-party vendor or hosting partner who provides software, services, or other technology that ReadySetConnect uses expires, terminates or requires to change the way in which such software, services, or other technology is provided as part of ReadySetConnect, (iii) if ReadySetConnect believes providing the technology could create a substantial economic or technical burden or material security risk (iv) in order to comply with the law or requests of governmental entities, or (v) if ReadySetConnect determines your use of, or provision of ReadySetConnect has become impractical or unfeasible for any legal or regulatory reason. Unless otherwise specified, upon cancellation, suspension or termination, all Licenses granted to you hereunder shall terminate automatically and your right to use ReadySetConnect shall cease.
ReadySetConnect uses the information we collect from you to personalize your experience, improve ReadySetConnect product and services, improve customer service, administer promotion, survey or other site features and to send periodic emails. The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions. You may unsubscribe at any time. ReadySetConnect may also use information (i) to comply with Applicable Laws or respond to lawful requests or legal process, (ii) protect the rights or property of our customers, including the enforcement of ReadySetConnect’s agreements or policies governing the use of ReadySetConnect. Personal data collected or otherwise processed in the performance of services may be transferred to, and stored and processed in, the United States or any other country in which ReadySetConnect or its affiliates or service providers maintain facilities. ReadySetConnect also uses tools to deliver certain features related to the ReadySetConnect, identify trends and bugs, collect activation information, usage statistics and track other data related to your use of the product.
A variety of security measures are implemented to maintain the safety of your personal information when you enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our database to be only accessed by those authorized to our systems, and are required to keep the information confidential.
Cookies are small files that a site or its service provider transfers to your computers hard drive through your web browser (if you allow) that enable the sites’ or service providers’ systems to recognize your browser and capture and remember certain information. Cookies are used to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
Confidential Information will not be disclosed without the other’s prior consent, except for the purpose of performing its obligations under this Agreement or if required by law, regulation, or court order, in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.
ReadySetConnect may use third-party vendors and hosting partners to provide the infrastructure, hardware, software, networking, storage, and related technology required to operate and provide the ReadySetConnect, and such third parties may be granted access to your Content in connection with providing such services. You agree that you shall have no rights against such third parties in connection with ReadySetConnect. In addition, you understand that the technical processing and transmission of ReadySetConnect, including your Content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
9.1 Ownership in User Data. In connection with User Data that a User uploads or submits to, or which is created by, the Services, You affirm, represent, and warrant that You own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize ReadySetConnect to use, retain, copy, and process the User Data in connection with the Services and as contemplated by this Agreement, and Your provision thereof through and in connection with the Services, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party.
9.2 License to User Data. By uploading or submitting any User Data to or through the Services, and permitting other Users (including, without limitation, Clients) to upload any User Data into the Services, You hereby automatically at such time grant ReadySetConnect (and its affiliates) a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, perform and display such User Data (including User Data that is created, collected or generated by the Services or ReadySetConnect using the User Data Users submit), for the purposes of providing you the Services and further developing, improving, and marketing ReadySetConnect’s products and services (including the Services), it being understood that the results generated from use for purposes other than providing the Services are not identifiable with the Organization or any natural person. The foregoing rights and licenses will be exercised in accordance with the ReadySetConnect Privacy Policies referenced in Section 10 below. You agree that the license includes the right to copy, analyze and use any User Data as ReadySetConnect may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Services and future improvements to the Services. The license granted in this Section is referred to as the “Service Data License.” You also acknowledge that the Service Data License granted to ReadySetConnect with respect to User Data will survive the expiration or termination of Your Account. Notwithstanding the foregoing license, the license granted to ReadySetConnect to use User Data that includes content that You provide for purposes of Your Professional Website is set forth in Section 17.2 (Professional Website Service) below. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Data that You may have under any applicable law under any legal theory.
9.3 User Data from Payment Processors. Notwithstanding anything to the contrary herein, or in any payment processing agreement between You and the payment processor (including Stripe), You also hereby grant ReadySetConnect (and its affiliates) a non-exclusive, worldwide, irrevocable, perpetual, royalty free, fully paid-up, assignable, and sublicensable (through multiple tiers) license, authority, and permission to obtain, copy, and use, at ReadySetConnect’s request, without notice to You, User Data received from payment processors, banks, card and ACH processors and gateway provider, which support the Services, for purposes of providing You the Services, and to develop, improve, and market ReadySetConnect’s products and services (including the Services), it being understood that the results generated from use for purposes other than providing the Services are not identifiable with the Organization or any natural person.
9.4 Your Responsibilities to User Data. You acknowledge that You are responsible for all User Data You and other Users input into the Services, including changes made to Client progress notes, whether previously locked or unlocked. You hereby acknowledge that the practice of unlocking any previously locked progress notes may be a violation by You and Your other Team Members of applicable professional standards and/or applicable law. You understand and agree that You are bound by various laws and regulations, including but not limited to HIPAA, which require that You preserve the availability, accuracy, integrity, and confidentiality of PHI and personally identifiable information. You also acknowledge and agree that all of Your activity within the Services is automatically logged (including into audit logs), including the unlocking and locking of the progress notes, and that such activity may be audited by regulators or others.
9.5 Additional User Data Restrictions. You may not, and will ensure that other Team Members do not, post, upload, store or share any User Data that:
9.6 Additional Rights to User Data. Although ReadySetConnect has no obligation to screen, edit or monitor User Data, We may delete, remove or suspend the use of User Data at any time and for any reason. By accessing or using the Services, You consent to the processing, transfer and storage of information about You and Users in and to the United States and other countries, where Users may not have the same rights and protections as provided under local law.
9.7 Transfer of User Data and Account Ownership.
More information about ReadySetConnect’s privacy practices is available in the ReadySetConnect Privacy Policy and the ReadySetConnect Client Portal Privacy Policy.
In providing You the Services, ReadySetConnect will not sell any Personal Information contained in User Data. ReadySetConnect will not retain, use or disclose the Personal Information You provide to Us about Your Clients except for the specific purposes permitted under this Agreement, including Section 9.
We will make no use of PHI that is not permitted by this Agreement, the BAA (as defined below) or that is prohibited by applicable law, including but not limited to HIPAA.
It is Your responsibility to comply with all applicable privacy and data protection laws and to ensure that You have provided all required notices and obtained all necessary consents (including with respect to third parties access) from Users, and that Users (including without limitation Your Clients) have agreed to the collection of User Data (including PHI) and the access of User Data by You, by ReadySetConnect, and, where applicable, other third parties. Any sample documentation that is provided by ReadySetConnect for obtaining consent or other information from Users is for illustration only, and You alone (and not ReadySetConnect) are responsible to ensure that such documentation is adequate and enforceable. ReadySetConnect does not provide legal or compliance advice and You are responsible for retaining competent counsel and advisors for these purposes.
In the event that We receive a subpoena, court order, or other legal request compelling the disclosure of any of Your Clients’ User Data (including PHI) or any of Your data or information or any User Data, We will notify You of the existence of such subpoena, court order or other legal request prior to disclosing the PHI or other data or information or any User Data, unless ordered to not do so by a court of competent jurisdiction, requested not to do so by law enforcement, or unless Our legal counsel advises Us that prior notification is not required or in violation of applicable law.
In the event of termination of this Agreement, whether by Your cancellation of the Agreement, Your breach of this Agreement, or as otherwise provided in this Agreement, there is an export feature in the Services which will enable You to retrieve Your User Data contained within the Services prior to the Account termination date. It is Your sole responsibility (not ReadySetConnect’s) to manage, maintain, store, or export file or files containing the User Data within the Services to ensure the secure preservation of User Data (including PHI) for You and Your Clients pursuant to federal and state law.
For purposes of complying with the requirements of HIPAA to the extent applicable, You and ReadySetConnect agree to be bound by each of the terms and provisions of the ReadySetConnect Business Associate Agreement, which can be found at https://www.ReadySetConnect.com/baa/ (the “BAA”) and which is incorporated in full by this reference. If any provision hereof is potentially or actually in conflict with the provisions of the Business Associate Agreement with respect to the treatment of Protected Health Information, the terms of the Business Associate Agreement shall prevail.
The Services may incorporate, contain links to, or otherwise allow connections to, third-party websites, servers, and online products, services or environments, including other materials that are not owned or controlled by ReadySetConnect (“Third Party Materials”). You agree that ReadySetConnect is not responsible or liable for Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials, or any Intellectual Property Rights therein or thereto. Nothing in this Agreement will be deemed to be a representation or warranty by ReadySetConnect with respect to any Third Party Materials. ReadySetConnect has no obligation to monitor Third Party Materials, and ReadySetConnect may block or disable access to any Third Party Materials (in whole or in part) through the Services at any time. Your use of Third Party Materials is at Your own risk and is subject to any additional terms and conditions of use for such Third-Party Services.
ReadySetConnect may refer names of certain third party service providers (“Service Providers”) to You upon Your request or in connection with the Services. Any Service Providers referred to You by ReadySetConnect are not owned or controlled by ReadySetConnect. You agree that ReadySetConnect is not responsible or liable in any way for the acts or omissions of any Service Providers, including, without limitation, any negligent, willful or illegal conduct. You further agree to conduct Your own investigation and due diligence regarding any Service Providers referred to You by ReadySetConnect. You agree to defend (at ReadySetConnect’s option), indemnify and hold harmless ReadySetConnect from all damages, liabilities, claims, expenses and losses relating to the referral of Service Providers to You.
You are responsible for obtaining, maintaining, and paying for all hardware, software and all telecommunications and other services needed to use the Services.
ReadySetConnect may on occasion need to interrupt or suspend the Services, with or without prior notice, to protect the integrity or functionality of the Services or for maintenance purposes. You agree that ReadySetConnect is not liable for any interruption or suspension of the Services (whether intentional or not), and You understand that neither You nor any other Users will be entitled to any refunds of fees or other compensation for interruption or suspension of service. Likewise, You agree that in the event of loss of any User Data, We will not be liable for any purported damage or harm arising therefrom.
To the extent permitted by Applicable Law, you will indemnify, hold harmless, and defend ReadySetConnect and its affiliates, and its and their respective officers, directors, employees, and agents from and against any and all claims, lawsuits, and proceedings (collectively “Claims”), and all expenses, costs (including attorney’s fees), judgments, damages, settlements, penalties, fines, and other liabilities resulting from such Claims, that arise or result from: (i) your breach of this Agreement; (ii) your violations of Applicable Laws or obligations of privacy to any third party; (iii) any representations and warranties made by you concerning any aspect of ReadySetConnect to any third party; and/or (iv) any claims with respect to acts or omissions of any third party in connection with ReadySetConnect.
ReadySetConnect may modify the terms of this Agreement, including any Additional Terms or any other terms that apply to ReadySetConnect or Products. If you do not agree to the modified terms or changes to other policies, you should discontinue your use of ReadySetConnect, which termination is your sole and exclusive remedy.
To the maximum extent permitted by applicable law, in no event will ReadySetConnect be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the ReadySetConnect, or otherwise sharing under the terms of this agreement, including, without limitation, damages for the loss of goodwill, work stoppage, computer failure, or malfunctions, or any and all their commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory upon which the claim is based. In any case ReadySetConnect’s entire liability under any provision of the terms of this agreement, including any additional terms, shall not exceed, in the aggregate, the sum of the fees paid by you over the preceding twelve month period under this agreement, notwithstanding any failure of essential purpose of any limited remedy. ReadySetConnect is not responsible for any liability arising out of the Products or data provided by you, your affiliates, or a third party that is accessed through the ReadySetConnect. The parties acknowledge and agree that the limitations and exclusions of liability in this section are reasonable.
The ReadySetConnect may include links to third-party sites. ReadySetConnect does not control such sites and is not responsible for the content of any linked site, any link contained in a linked site, or any changes or updates to such sites. is not responsible for any form of transmission received from any linked site. You acknowledge and agree that ReadySetConnect is not liable for any loss or damage which may be incurred by you as a result of the availability of third-party vendor resources or external sites.
All title and ownership rights in and to ReadySetConnect, which includes the Software, and all Intellectual Property rights therein, and any trademarks or service marks of that are used in connection with ReadySetConnect are and shall at all times remain exclusively owned by ReadySetConnect and its affiliates and licensors. Licensee shall not (and shall ensure that Third Parties do not) challenge, or assist any person or entity in challenging, ReadySetConnect’s right, title, and interest in Intellectual Property. Any open source software that may be delivered by ReadySetConnect embedded in or in association with Products is provided pursuant to the open source license applicable to the software and subject to the disclaimers and limitations on liability set forth in such license.
If a particular provision of this Agreement is terminated or held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, this Agreement shall remain in full force and effect as to the remaining provisions.
No failure or delay by ReadySetConnect to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, California.
This Agreement, together with any Additional Terms, constitutes the entire agreement between you and ReadySetConnect regarding your use of the ReadySetConnect and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
You may not assign or transfer any of your rights or obligations under this Agreement without the prior written consent of ReadySetConnect. ReadySetConnect may assign or transfer its rights and obligations under this Agreement in its sole discretion.
ReadySetConnect shall not be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
