PMS - is designed by physicians for physicians. If you are a physician or a nurse practitioner, visiting your patients at multiple facilities, spending great amount of time writing or dictating your notes, this is a must have application for you.
Terms and Conditions
Please read the following terms and conditions (“Terms and Conditions”) carefully before installing the NHPMS application (“App”). By accessing or using this App, you agree to the following Terms and Conditions which shall constitute a legally binding agreement (“Agreement”) between you (the “End-User”) and AHS IT Services, a Michigan Company (“AHS”). You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not install, access or otherwise use this App.
“App” is defined as the NHPMS App package, logo, and all included contents.
“End-User” is defined as you, the individual or entity installing the NHPMS package.
The End-User may NOT assign or distribute copies of the App to others. The App contains trade secrets. The End-User may NOT decompile, reverse engineer, disassemble, or otherwise reduce the App to a human readable form. THE END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE APP, OR CREATE DERIVATIVE WORKS BASED UPON THE APP OR ANY PART THEREOF.
3. No Warranty.
AHS provides no warranty of any kind with regards to the product. As a practical matter, however, the AHS welcomes contact from any End-User that has any problems as to the product but offers no training as to its use. Training must be sought from experienced third parties who are available through internet resources. AHS does not undertake the responsibility to “teach” how to use the App included in this agreement.
NO WARRANTY IS PROVIDED, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, EASE OF USE, AND PERFORMANCE OF THE APP. IN NO EVENT WILL AHS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF AHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AHS’S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, UP TO ONE CALENDAR YEAR’S AMOUNT PAID TO AHS FOR CONTINUED USE OF THE APP.
AHS does not warrant or represent that:
the app is suitable for enterprise-wide deployment;
the app can be used by any and all organizations;
it has a duty to update the app regularly;
it has a duty to support the app for every user; and
the app is free from technical issues, harmful components, interruptions or errors.
AHS does not assume any liability for these matters. In other words, you use the App at your own risk. Under no circumstances, including, but not limited to, negligence, shall AHS be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this App, even if one of our representatives has been advised of the possibility of your damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
From time to time AHS may, in its sole discretion, advise the End-User of updates, upgrades, enhancements or improvements to the App and/or new releases of the App (collectively, "Enhancements"), and may license the End-User to use such Enhancements upon payment of prices as may be established by AHS from time to time. All such Enhancements to the App provided to the End-User shall also be governed by these Terms and Conditions.
AHS does not want to receive confidential or proprietary information from you through the AHS Twitter page, email address, or any other means of contacting AHS. If you transmit to or post on our AppExchange listing or to our AHS email address or Twitter page, any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and AHS shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to AHS is fully responsible for its content, including its truthfulness, accuracy, and its non-infringement of any other person, organization, or entity’s proprietary rights.
The trademarks, service marks, trade names and logos used and displayed on our App are our registered and unregistered trademarks. Nothing on this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, without our written permission. We aggressively enforce our intellectual property rights. The names “AHS IT Services”, “NHPMS", or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our App, without prior written permission. You may not use any metatags or any other “hidden text” utilizing AHS’s name or trademarks without the express written consent of AHS. You are not authorized to use our logo as a hyperlink to our App unless you obtain our written permission in advance.
ALL OTHER TRADEMARKS, SERVICE MARKS, AND TRADE NAMES ARE THE PROPERTY OF THEIR RESPECTIVE COMPANIES. AHS DISAVOWS ANY PROPRIETARY INTEREST OR CLAIMS IN THE MARKS OF OTHER COMPANIES OR CORPORATIONS.
All content included on this App as it is packaged on the AppExchange, including any materials, documents, text, designs, graphics, logos, images, audio and video (“Content”) is the property of AHS or its affiliates and suppliers, and is protected by United States and international copyright laws. The compilation of all Content on this App is the exclusive property of AHS and protected by U.S. and international copyright laws. You may not inline, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) without our prior express written permission.
Nothing in this App is guaranteed to improve your current Lead Management or any other processes inside your organization. The App is provided at no cost, and, as such, the performance or ability of the App to improve, replace, or otherwise positively affect your organization is not guaranteed.
By installing the App, you agree that AHS may NOT BE HELD LIABLE under any of the following and other circumstances:
loss of company or employee data;
interruption of other Salesforce apps or processes;
lost business; and
any other financial or other damages observed by the organization that installed the App.
This License will be governed by and construed in accordance with the laws of the AHS’s headquarters’ state, and shall inure to the benefit of AHS and End-User and their successors, assigns and legal representatives. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. Any notices or other communications to be sent to AHS must be mailed first class, postage prepaid, to the AHS’s address as listed on the product or accompanying materials.
BY CLICKING THE “GET IT NOW” LINK OR ANY OTHER LINK THAT RESULTS IN INSTALLATION OF THE NHPMS APP, THE END-USER ACKNOWLEDGES THAT IT HAS READ THESE TERMS AND CONDITIONS, UNDERSTANDS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS. Should you have any questions concerning these Terms and Conditions, contact AHS by email at email@example.com.
10. No Waiver.
The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.
11. Changes to the Terms and Conditions.
We may at any time revise these Terms and Conditions by updating this posting. By using our App, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms and conditions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by other legal notices or terms located on parts of our App.
12. Local Laws.
This App is controlled by us from our offices within the United States of America. We make no representation that content or materials on the App are appropriate or available for use in other jurisdictions. Access to our App content or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this App from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any violations of law. You may not use or export the materials on this App in violation of U.S. export laws and regulations. Any claims relating to our App and its content and materials shall be governed by the laws of the State of Michigan without giving effect to any principles of conflicts of laws.
You hereby jointly and severally agree to indemnify, defend and hold us and our suppliers or affiliates, and any of our or their respective officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, attorneys’ fees and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of our App or any breach by you of these Terms and Conditions, or the purchase by you of securities, including any liabilities associated with a violation of federal or state securities laws. If the indemnity provided in this paragraph is not available or is insufficient to hold harmless the Indemnified Parties for any reason, you agree to contribute to the aggregate losses, claims and liabilities to which the Indemnified Parties may be subject in such proportion as appropriate to reflect the relative fault by you and the Indemnified Parties with respect to the activity giving rise to the indemnity claim. You will cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any such matter without our written consent.
14. Governing Law.
This Agreement shall be construed and enforced according to the laws of the State of Michigan and any dispute under this Agreement must be brought in this venue and no other.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.