Last Updated: December 20th, 2021
DashQuill Technologies LLC and/or its affiliates (“DashQuill”, “Us”, “We”, “Our”) offers online
healthcare technology services through it’s website (“Services”) to medical facilities using
those
Services (“Providers”). Providers as well as visitors to the DashQuill website, are collectively
referred to as “Users”. Users are subject to the following Terms of Use (“Terms”). Please read
these
Terms carefully before using the Services.
Agreement
By using DashQuill Technologies, you are agreeing to these Terms of Use as well as the
additional
terms as set forth in the Privacy Policy located at https://dashquill.com/tos. If using Services
on
behalf of another (e.g. a child, or someone with a disability), you represent that you are
authorized to do so. Services of DashQuill are not permitted for anyone under the age of 13, and
as
such, if you are under 13 years of age please do not register or disclose any information to us,
and
cease using DashQuill Technologies. We do not knowingly attempt to collect personally
identifiable
information from children under or about the age of 13. If you are aware that we may have
collected
such information, please let us know at contact@DashQuill.com. You may only use Services for
lawful
purposes compliant with local, state, federal, and international law.
These Terms affect your legal rights, responsibilities and obligations and govern your use of
the
Service, are legally binding, and limit DashQuill’s liability to you and require you to
indemnify us
and to settle certain disputes through mediation. If you do not wish to be bound by these Terms,
do
not use the Service.
Security
You agree that by registering with Services, you are representing that you will keep
registration
information secure, such as username and password credentials, to prevent unauthorized access to
information. Details about how we protect your information may be located within our Privacy
Policy.
If you are concerned your privacy may have been breached through failure to keep credentials
secure,
please reach out to us at the information provided in the Contact Us section below and change
your
password immediately.
As a User, you are agreeing that information provided is accurate to the best of your ability,
and
that you will not attempt to exploit Services, extract protected or personal information in an
unauthorized manner, or use such malicious technology as viruses, worms, trojans, SQL
injections, or
MongoDB injections. You are agreeing not to access Services with a bot, to index, or to
routinely
scrape information. You are agreeing to not attempt to replicate, modify, reverse engineer,
resell,
or share Services, software, designs, logos, documentation, or workflows with external entities
other than for purposes of the Services, unless given written approval by us to do so.
Electronic Communications
As a regular part of the Services, DashQuill offers texting and email services. Providers who
have
registered with the Service may make use of these capabilities, provided that the method in
which
the communication services are used is compliant with the policies of that Provider and local
law.
In all forms of communication, we provide clear guidance on how to opt-out. You agree that all
agreements, notices, disclosures and other communications that we provide to Users
electronically
satisfy any legal requirement that such communications be in writing.
Liability
You agree that to the fullest extent permissible by law, DashQuill is not liable for any loss or
damages of any kind, including direct, indirect, economic, exemplary, special, punitive,
incidental
or consequential losses or damages, due directly or indirectly to any issues, damages, loss of
revenue, profit, use, data, goodwill, time or any other form of damages arising from your use of
Services or inability to use the Services, regardless of if such damages have been incurred due
to
the expected or unexpected behavior of the Service. You agree that while User information is
protected by the safeguards mentioned in the Privacy Policy, DashQuill is not liable for any
unauthorized use or access or damages arising out of such unauthorized access by or through the
Service even if we to have been informed of such breaches in advance. The foregoing limitations
of
liability will apply even if any of the circumstances were foreseeable and even if DashQuill was
advised or should have known of the possibility of such losses or damages, regardless whether
you
bring an action based in contract, negligence, strict liability, or tort (including whether
caused,
in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of
the
Service). As permitted by applicable law, under no circumstances will DashQuill total liability
to
you for all possible damages and causes of action in connection with your access and use of the
Service, be damages greater than the total fees you have paid DashQuill for the use of the
Service.
Indemnity
You agree to defend (if requested by DashQuill), indemnify, and hold harmless DashQuill and its
affiliates, parents, subsidiaries, partners, and each of their respective employees, directors,
officials, vendors, and representatives from and against any and all alleged or actual claims,
actions, demands, losses, expenses (including attorney’s fees) settlements (whether or not
litigation is commenced) liabilities and damages of any kind whatsoever existing now or arising
in
the future, costs and expenses directly or indirectly arising out of or relating to your access
and
use of the Services, or the violation of this agreement (including without limitation both these
Terms of Use and the Privacy Policy), your violation of any rights of any third party, or your
violation or alleged violation of any laws, rules, codes, statutes, ordinances, or orders of any
governmental authorities in connection with your use of the Service. You will cooperate as fully
required by DashQuill in the defense of any aforementioned claims and losses. This
indemnification
obligation will survive the expiration or termination of this agreement.
Disclaimers
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICES ARE USED AT EXCLUSIVELY YOUR OWN RISK AND
USING
THEM IS YOUR OWN DECISION ON AN “AS-IS”, “AS AVAILABLE” AND WITH ALL FAULTS” BASIS, without any
non-infringement or non-misappropriation of intellectual property rights of a third party,
title,
custom, trade, quiet enjoyment, accuracy of informational content, or system integration, and
freedom from computer virus. Interruptions of Service may occur for which DashQuill cannot be
held
liable, and restoration of Services following such an event is not guaranteed.
While DashQuill goes to great length to make sure that data displayed in Services to Users is
consistent, accurate, and verifiable, we also acknowledge that representations are only as
accurate
as the data sources themselves and the timeliness of those sources, and as a result inaccuracies
may
occur and be shown in Services. DashQuill is not liable for inaccurate representations in
Services.
DashQuill reserves the right to add, modify, replace, or remove functionality or content at any
time
at its own discretion without notice. DashQuill may discontinue services at any time completely,
pursuant to the terms set forth in the “Termination” section. Information about these changes,
if
significant, will be made public either by notifying clients or making the information available
on
our website.
Notices
You agree that we may give you notices or otherwise respond to you by mail or to your email we
have
on file. All legal notices to us must be sent to the information in the Contact Us section
below.
Disputes & Dispute Resolution
Jurisdiction and venue for any controversy, allegation or claim arising out of or relating to
the
Service or these Terms (“Dispute”) shall be in Seattle, Washington State. Each party submits to
personal jurisdiction and venue in Seattle, Washington State for any and all purposes. You agree
to
discuss and hopefully resolve any Disputes before formal legal proceedings are initiated. If you
have any allegation or claim arising out of or relating to the Service or these Terms you must
provide a written request for mediation to the address listed in the Contact Us section. We will
work together to choose a mutually agreeable mediator. Mediation costs will be split equally
between
the parties.
These Terms and any claim brought by you against DashQuill will be governed by, construed, and
resolved in accordance with, the laws of the State of Washington. This section shall remain in
full
force and effect notwithstanding any termination of your use of the Service or these Terms.
General Terms
If any single section of either the Terms of Use or the Privacy Policy are deemed legally
invalid,
only that part of the Agreement will be construed as invalid as held by that specified court of
law
deeming it invalid at that time, with all remaining sections still treated as valid. Similarly,
if
we choose to waive any single right in these documents, it will not represent a waiver of all
rights
described by both documents, nor will it mean that right is permanently waived.
DashQuill may assign its rights and obligations under these Terms, in whole or in part, to any
party
at any time without any notice. These Terms may not be assigned by you, and you may not delegate
your duties under them, without prior written consent from DashQuill.
Terms of Use described here are governed by the applicable laws governing the jurisdiction in
which
the headquarters of DashQuill operates, and the competent courts in such jurisdiction shall
apply in
all respect.
Terms of Use Changes
We reserve the right to amend these Terms of Use or our Privacy Policy at any time. As such, by
continuing use of our Site and Services- after changes are made, you are acknowledging
acceptance of
the then applicable terms and conditions. You agree that we may notify you of new terms by
posting
them on the Service (or in any other reasonable manner of notice which we elect), and that your
use
of the Service after such notice constitutes your going forward agreement to the new terms for
your
new use. You can reject any new, revised or additional terms by discontinuing use of the
Service.
Contact Us
If you have any questions or concerns about this Privacy Policy, please contact us at
contact@DashQuill.com.