Terms of Agreement of www.vital.enterprises

The following Terms of Agreement (“Terms”) are the terms of a legal agreement between you and Vital Enterprises Software, Inc. By accessing or using this website, you acknowledge that you have read and agree to be bound by these Terms and to comply with laws applicable to your use of the website. If you do not agree to these terms, please do not use this website. We reserve the right to change these Terms any time without notice. Your continued visits to or use of the website after the effective date of the revisions constitutes your acceptance of the new Terms.

Parties to this Agreement

These Terms are between you, if you visit or use the website at www.vital.enterprises (“the website”), and Vital Enterprises Software, Inc. and its successors, affiliates and assigns (“VitalMedicals”, "Vital Enterprises", "Vital").

Contacting Us

We will be pleased to communicate with you by email and respond to your inquiries and comments submitted through any online form contained on our website. However, if you communicate with us through this website or via unsolicited email, you should not send confidential or sensitive information. We will endeavor to respond to inquiries submitted through email or our online form but accept no liability for failure to do so.

Materials on this Website

The materials on this website and any related links are for general information purposes only and are provided “AS IS.” They are not intended as and should not be construed as advice or guidance. The posting and updating of this website, and the transmission of information through this website, is not intended to and does not create a business or professional relationship. Such communications will not be treated as confidential.

The Personal Data used for each purpose is outlined in the specific sections of this document.

No Assurances or Warranties

The information on this website is not guaranteed to be correct, complete or up-to-date, and it is subject to change without notice.

WE PROVIDE THE WEBSITE "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OR GUARANTEES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE WEBSITE AND RELATED COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE WEBSITE OR ASSOCIATED COMMUNICATIONS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE EXPRESSLY DISCLAIM ALL LIABILITY TO ANY PERSON REGARDING THE CONSEQUENCES OF ANYTHING DONE OR OMITTED TO BE DONE WHOLLY OR PARTLY IN RELIANCE UPON THE USE OR CONTENTS OF THE WEBSITE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE OR ASSOCIATED COMMUNICATIONS AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ASSOCIATED COMMUNICATIONS WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.

Limitation of Liability

IN NO EVENT SHALL VITAL ENTERPRISES, ITS OFFICERS, EMPLOYEES OR AGENTS, OR CONTRIBUTORS TO THIS WEBSITE BE LIABLE FOR ANY LOSS OR INJURY, OR ANY DAMAGES, WHETHER DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR OTHERWISE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING FROM OR OCCASIONED BY YOUR ACCESS TO OR USE OF THIS WEBSITE OR ASSOCIATED COMMUNICATIONS. THIS LIMITATION APPLIES EVEN IF YOU ARE NOT FULLY COMPENSATED FOR ANY LOSSES, OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE LOSSES.

CERTAIN JURISDICTIONS LIMIT DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS, AND THE PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT TO THE FULLEST EXTENT PERMITTED BY LAW.

No Unlawful or Prohibited Use

As a condition of using the website, you agree that you will not use the website or associated communications in any way that is prohibited by law or these Terms. These prohibitions include, but are not limited to, the following:

  • You must not use the website in any way that may damage, overburden, or impair the website or its availability, or in any way that is illegal, fraudulent or harmful or related to any illegal, fraudulent or harmful activity.
  • You must not attempt to use the website, email, the Vital Enterprises online form, or any other method or technology to gain unauthorized access to any Vital Enterprises data or systems or any other data or systems. This includes any attempt to log into the website or any Vital Enterprises data or systems using the credentials of another person.
  • You must not use the website or email with Vital Enterprises to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any malicious computer software.
  • You must not copy, modify, distribute, sell or lease any part of the website or its content or its software, nor may you reverse engineer or attempt to extract the source code of that software.
  • You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website.
  • You must not use the website for any purposes related to marketing or any other commercial or organizational purpose without our prior express written consent.

Possible Legal Actions Against You

You understand that we may pursue legal remedies against you if you violate these Terms. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VITAL ENTERPRISES, ITS OFFICERS, EMPLOYEES OR AGENTS, OR CONTRIBUTORS TO THIS WEBSITE FROM ALL CLAIMS, LIABILITY, FINES AND PENALTIES, AND COSTS (INCLUDING ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE WEBSITE THAT VIOLATES THESE TERMS.

Privacy

If you submit information on or through the website, you agree that we may, subject to the protections and limitations described in our Privacy Statement and on the website, collect, use, store, or disclose that information in the United States or in another country outside your jurisdiction. You understand that information protection laws outside your country of residence may vary. By providing your information, you consent to the international transfer of your information for the purposes explained in these Terms, the Privacy Statement, or elsewhere on the website. More information about our privacy terms is contained in our Privacy Statement, which is hereby incorporated into these Terms.

Intellectual Property Rights

Subject to applicable law, we or our licensors (people or entities from whom we license content) or business partners own the intellectual property rights in the website and materials on the website. You must not:

  • republish or repost material from the website;
  • sell, rent, or sub-license material from the website; or
  • copy or otherwise exploit material on the website for a commercial purpose.

Vital Enterprises, www.vital.enterprises, and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and any such use may constitute an infringement of our rights. Other trademarks or service marks on our website are the property of their respective owners. Unless otherwise stated, we do not endorse and are not affiliated with any of the holders of such rights and we cannot and do not grant any license to exercise such rights.

Subject to the protections and limitations described in our Privacy Statement, if you post content on the website you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your posted content in any media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. All these intellectual property rights are reserved.

Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, please contact us via email. The requirements for what you must include in your notice are in the Digital Millennium Copyright Act, 17 U.S.C. § 512.

Disputes

If you have a complaint, question, or dispute (collectively, “dispute”) regarding the website, you are encouraged to bring it to our attention. You may write to us here or contact us via email and we will try to address your concerns. If we are unable to resolve a dispute ourselves, any dispute relating in any way to the website shall be submitted to confidential arbitration in San Francisco County, California, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court. Arbitration under these Terms shall be conducted in accordance with the prevailing rules and procedures of the American Arbitration Association, with each party being responsible for its own costs and fees, and the joint costs of arbitration being shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the website, and no class action proceedings will be permitted.

By agreeing to arbitration in these Terms, you understand and agree that you are relinquishing (i) any right to pursue claims or have disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of any adverse arbitration decision.

You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred.

Other

Any failure or delay by either party to enforce any part of these Terms will not constitute a waiver of that party’s rights under these Terms. We have no responsibility for any third-party websites not operated by us to which our website may be linked. These Terms constitute the entire agreement between you and Augmedix with respect to the use of the website and its contents and associated communications and actions. All matters relating to the website will be governed by the laws of California, without regard to conflicts of law provisions. If you have any questions about these Terms, please contact us via email.

Effective Date

The effective date of these Terms is July 1, 2015.