PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE "WEBSITE"). THESE WEBSITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF
THIS WEBSITE. THIS WEBSITE IS AVAILABLE FOR YOUR USE ON THE CONDITION THAT YOU AGREE TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE,
DO NOT ACCESS OR USE THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND
BY THESE TERMS OF USE.
Terms of Use
By registering, signing into and using this Website, you expressly understand and agree that this Terms of Use governs the use and access of Bishop
Healthcare Technologies' ("Bishop") information systems, including the hardware, software, data, network, and telecommunication ("Systems"). These Systems are only available for
Permitted Use by users authorized by Bishop ("Authorized Users").
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Eligibility. The Website is provided by Bishop and is available only to persons over the age of legal majority who can form legally binding agreement(s) under
applicable law. If You do not qualify, You are not permitted to use the Website.
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Scope of Terms of Use. These Terms of Use govern Your use of the Website and all applications, software, and services (collectively, "Services") available on the Website.
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Modifications. Bishop may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will mean You accept
those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of Bishop. Bishop may also change or impose fees for
products and services provided through the Website at any time in its sole discretion. Bishop may establish or change, at any time, general practices and limits concerning other
Bishop products and services in its sole discretion.
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Bishop Privacy Policy. The Bishop Privacy Policy governs the use of information collected from or provided by You at the Website. With
respect to any individual whose personal information is provided by You to Bishop, You represent to Bishop that You have obtained all necessary consents for the processing of such
personal information contemplated by the Services You are using and by the Bishop Privacy Policy, including the transfer of such data to the United States or other countries whose
laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.
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License and Ownership. Any and all intellectual property rights ("Intellectual Property") associated with the Website and its contents (the "Content") are the sole property of
Bishop. The Content is protected by copyright and other laws in the United States. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other
laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks,
service marks or trade dress ("Marks") of Bishop, its affiliates or other entities that have granted Bishop the right and license to use such Marks and may not be used or interfered with
in any manner without the express written consent of Bishop. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create
derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Bishop's prior written permission. Except as expressly provided herein,
Bishop does not grant to You any express or implied rights to Bishop's or any third party's Intellectual Property.
Bishop grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by
Bishop, and (b) access and use the Bishop computer and network services offered within the Website (the "Bishop Systems") only in the manner expressly permitted by Bishop. Except for
this limited license, Bishop does not convey any interest in or to the Bishop Systems, information or data available via the Bishop Systems (the "Information"), Content, Services,
Website or any other Bishop property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information
may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed
without the prior written consent of Bishop. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the
Content in any way, unless expressly permitted to do so by Bishop.
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Monitoring.
Bishop may monitor and/or record Your use of the WEBSITE; any record or other evidence of potentially illegal activity may be provided to legal authorities; and there is no
expectation of personal privacy.
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Permitted Use. Permitted Use is use that:
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complies with all of Bishop's policies, including without limitation policies relating to security, confidentiality,
intellectual property and privacy;
- complies with any applicable agreements or contracts;
- complies with all applicable laws and regulations;
- is intended for the benefit of Bishop; and
- Bishop has expressly granted to the Authorized User.
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Not Permitted Use. Not Permitted Use is use that; includes, but is not limited to (i) violation of Bishop’s policies, (ii) violation of applicable laws and regulations;
(iii) for purposes other than for the intended benefit of Bishop; or (iv) that is detrimental to the operation of the Systems, including but not limited to the security and
confidentiality features of the Systems. There may be additional terms of use, privacy notices, confidentiality notices and other terms applicable to the use of specific
parts of the System. Determination of whether such use is a Permitted Use or not is at the sole discretion of Bishop, limited only to the degree restricted by applicable laws
or regulations. These terms of use may be modified from time to time by Bishop without prior notice.
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Restricted Use of the Website. In addition to other restrictions set forth in these Terms of Use, You agree that:
- You shall not disguise the origin of information transmitted through the Website.
- You will not place false or misleading information on the Website.
- You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Bishop.
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You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage,
interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.
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You may not use or access the Website or the Bishop Systems or Services in any way that, in Bishop's judgment, adversely affects the performance or function of the Bishop Systems,
Services or the Website or interferes with the ability of authorized parties to access the Bishop Systems, Services or the Website.
- You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Bishop.
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Submissions. Bishop does not accept ideas, concepts, or techniques for new services or products through the Website ("Comments"). If such Comments are received, You acknowledge that (a) they
will not be considered confidential or proprietary, (b) Bishop and its affiliates are under no obligation to keep such information confidential, and (c) Bishop will have an unrestricted, irrevocable,
world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.
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Termination. You agree that Bishop, in its sole discretion, may terminate or suspend Your use of the Website, the Bishop Systems, Information, Services and Content at any time and for any or
no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b)
destroy any copies You have made of any portion of the Content. Accessing the Website, the Bishop Systems, Information or Services after such termination, suspension or discontinuation shall
constitute an act of trespass. Further, You agree that Bishop shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the Bishop Systems,
Information and/or the Services.
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Disclaimer of Warranties.
BISHOP MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE BISHOP SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
THE WEBSITE, THE BISHOP SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. BISHOP, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS,
AND FITNESS FOR A PARTICULAR PURPOSE. BISHOP AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT,
INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THE Bishop SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY BISHOP IN
THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS
THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE
FAIR AND REASONABLE.
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Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT BISHOP IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, BISHOP IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BISHOP, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY,
PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE BISHOP SYSTEMS, INFORMATION,
SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BISHOP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED
BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
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Compliance with Law Including Export Control.
You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole
judgment of Bishop, negatively reflect on the goodwill or reputation of Bishop and shall take no actions which would cause Bishop to be in violation of any laws, rulings or regulations applicable
to Bishop.
Bishop and the Website are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
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Jurisdiction TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, THE BISHOP SYSTEMS, INFORMATION,
SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY
HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE,
THE BISHOP SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
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Governing Law and Language To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of Florida, U.S.A. excluding (i) FLorida's
conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods;
and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. Any translation
has been provided for Your convenience, and You may view the English language version by (a) returning to the home page for the country that You have selected, (b) selecting the English link at the
top of the page, and (c) then clicking on the link to the Website Terms of Use located at the bottom of the page.
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General You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. 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.
- Written Document You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.
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Complete Agreement THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND BISHOP WITH RESPECT TO THE USE OF THE WEBSITE, THE BISHOP SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION
AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF
Last Update 10/1/2021