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Introduction
Please read these Terms of Use ("Terms")
carefully as they contain the legal terms and conditions that you agree to when
you use the CaseScribe service provided to you by Tech S2, Inc. provided
through www.casescribe.com
(the "Service").
By using our Service you agree to be bound by these
Terms which contains provisions applicable to all users of our Service,
including casual visitors. If you choose to register as a member of our
Service, you will be asked to check a box to indicate that you have also read
and agree to be bound by these Terms.
1.
Operator
This Service is operated
by Tech S2 Inc., a company incorporated under the laws of the State of
Tech S2, Inc. is also
referred to in these Terms as "we" and "us".
2.
Purpose
of the Service
CaseScribe offers
transcription services that provide the ability to create, view, store and edit
transcribed text through a range of hand-held devices.
3.
Availability
Tech S2, Inc. uses
reasonable endeavors to ensure that the Service is available 24 hours a day 7
days a week. However, there will be occasions when the Service will be
interrupted for maintenance, upgrades and emergency repairs or due to failure
of telecommunications links and equipment that are beyond the control of the
Tech S2, Inc. Every reasonable step will be taken by us to minimize such
disruption where it is within the reasonable control of Tech S2, Inc..
You agree
that Tech S2, Inc. shall not be liable to you for any modification,
suspension or discontinuance of the Service.
4.
Privacy
We have a firm commitment
to safeguarding your privacy. Please review Tech S2’s
Privacy Policy. The terms of
Tech S2’s privacy policy are incorporated into, and considered part of, these
Terms.
5.
Trademarks
All brand, product and
service names used in this Service which identify Tech S2 and CaseScribe are
proprietary marks of Tech S2. Nothing in this Service shall be deemed to confer
on any person any license or right on the part of Tech S2 or any third party
with respect to any such image, logo or name.
6.
Copyright
Tech S2 is, unless
otherwise stated, the owner of all copyright and database rights in the Service
and its contents. You may not publish, distribute, extract, re-utilize or
reproduce any such content in any material form (including photocopying or
storing it in any medium by electronic means).
7.
Reporting
Violations of Your Copyrights
If you believe the
copyright in your work has been violated through this Service, please contact
Tech S2’s agent for notice of claims of copyright infringement, Mark Wheeler,
who can be reached at
mark@techs2.com, or at Tech S2
Inc., 6 Sunset Drive, Lansing, NY 14882. You must provide our agent with the
following information, which Tech S2 may then forward to the alleged infringer:
a.
identify
the material on the Service that you believe infringes your work,
with enough detail so that we may locate it on the Service;
b.
provide
your address, telephone number, and email address;
c.
provide a
statement that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
d.
provide a
statement that (i) the information you have provided to us is
accurate, and (ii) you are the owner of the copyright interest
involved or you are authorized to act on behalf of that owner; and
e.
provide
your physical or electronic signature. Upon receiving your complaint, Tech S2
may remove content that you believe infringes your copyright. In addition, Tech
S2 may terminate the account of the member who appears to be infringing your
intellectual property rights. 8.
External
Links
From time to time Tech S2
may provide links that will take you to other, third party websites. These
links are provided for your convenience. If you decide to access linked
websites you do so at your own risk. We do not endorse or take responsibility
for the content on other websites or the availability of other websites and you
agree that Tech S2 is not liable for any loss or damage that you may suffer by
using other websites.
9.
Amendment
of the Terms
We reserve the right to
amend these Terms from time to time. If you have registered as a member, we
shall notify you of any material changes to these Terms by email sent to the
address you have provided to Tech S2 for your account. If you continue to use
the Service once you have been notified of the changes to these Terms, you will
be deemed to have accepted those changes.
10.
Applicable
Law and Jurisdiction
These Terms shall be
governed by and construed in accordance with the laws of the State of
11.
General
These Terms constitute
the entire agreement between Tech S2 and you with respect to your use of the
Service. Tech S2’s failure to enforce any right or provision in these Terms
shall not constitute a waiver of such right or provision. If a court should
find that one or more rights or provisions contained in these Terms are
invalid, you agree that the remainder of the Terms shall be enforceable.
12.
Comments
If you have any comments
or questions about the Service please contact us by email or phone. Contact us
at support@casescribe.com
or by telephone at (607) 533-9949. Please note that telephone calls made by you
to Tech S2 may be randomly recorded and monitored for training and quality
assurance.
13.
Registration
To register as a member
of the Service you must be 18 years or over.
You agree that the
information that you provide to us on registration and at all other times will
be true, accurate, current and complete. You also agree that you will ensure
that this information is kept accurate and up to date at all times. This is
especially important with respect to your email address, since that is the
primary way in which we will communicate with you about your account and your
transcriptions.
14.
Password
When you register and
create a master account you will be asked to provide a password. As you will be
responsible for all activities that occur under your password, you should keep
your password confidential. You must notify Tech S2 immediately of any
unauthorized use of your password or if you believe that your password is no
longer confidential. We reserve the right to require you to alter your password
if we believe that your password is no longer secure.
15.
Formation
of a Binding Contract
No contract will exist
between you and Tech S2 for the supply of any services or products unless and
until Tech S2 accepts your order by a confirmatory e-mail, or other appropriate
means of communication.
16.
Pricing
All prices are stated in
U.S. dollars and are valid until altered by us. Prices do not include any
import duties that may be added by the order destination country.
In the event that the price published on the Service was incorrect, Tech S2 will contact you to let you
know the correct price and ask you whether you still wish Tech S2 to fulfill
your order at the correct price.
17.
Copyright
of your dictation and the resulting
transcription
Tech S2 does not claim
ownership rights to any audio dictation or transcription contained in your
account. For the sole purpose of enabling us to display your transcriptions to
you through the Service and fulfilling any requests by you to download or email
those transcriptions, you grant to Tech S2 a non-exclusive, royalty-free
license to use, copy, distribute, and display those transcriptions.
Please note
that when you email transcriptions, you allow the recipients to
share and make copies from those
transcriptions.
18. Usage
Tech S2 requires that each dictation be comprised of a single case referring to a single subject or object of the dictation. Combining multiple, separate, disconnected subjects or objects into a single dictation for the sole purpose of avoiding being charged for those dictations is not allowed and is in direct violation of the terms of use for this service. For example it is a violation of the terms of use of this service to dictate a case report for two or more patients in the same audio dictation file and have it transcribed as a single report.
19. Turn around time
Dictation
files that are 5 minutes or less in length could be transcribed and ready for
viewing on the CaseScribe web site or on the PDA within one (1) hour from when
the dictation file is completely uploaded and stored on the CaseScribe database
server. While this turn around
time is not guaranteed, we have developed this system to provide this turn
around time.
In no case shall Tech S2 be held
responsible for the turn around time of any dictation at any time.
For dictation files that are strictly greater than 5 minutes in length, they will be processed as soon as possible but not at the expense of dictations submitted that are 5 minutes in length or less. Dictations that are strictly greater than 5 minutes in length will be placed at a lower priority as compared to dictations that are 5 minutes or less in length. In no case shall Tech S2 be held responsible for the turn around time of any dictation at any time.
20. Conduct You are responsible for
all of the dictations you upload and their resulting transcriptions that you
email or copy using the Service.
You agree not to use the
Service:
a.
for any
unlawful purposes;
b.
to
upload, transcribe, email or otherwise transmit or communicate any
material that is obscene, offensive, blasphemous, pornographic,
unlawful, threatening, menacing, abusive, harmful, an invasion of
privacy or publicity rights, defamatory, libelous, vulgar, illegal
or otherwise objectionable;
c.
to
upload, transcribe, email or otherwise transmit or communicate any
material that you do not have a right to transmit or communicate
under any contractual or fiduciary relationship or which infringes
any copyright, trade mark, patent or other intellectual property
right or any moral right of any party including, but not limited to
Tech S2;
d.
to harm
minors in any way, including, but not limited to, content that
violates child pornography laws, child sexual exploitation laws and
laws prohibiting the depiction of minors engaged in sexual conduct;
e.
to forge
headers or otherwise manipulate identifiers in order to disguise the
origin of any content transmitted through the Service;
f.
to
upload, transcribe, email or otherwise transmit any material which
is likely to cause harm to Tech S2 or anyone else's computer
systems, including but not limited to that which contains any virus,
code, worm, data or other files or programs designed to damage or
allow unauthorized access to the Service which may cause any defect,
error, malfunction or corruption to the Service;
g.
to make
dictations and transcriptions hosted by Tech S2 available for
viewing by the general public through a publicly posted link to the
dictation and transcription or otherwise;
h.
for any
commercial purpose.
You further agree that
you shall not:
i.
interfere
with or disrupt (or attempt to interfere with or disrupt) this
Service or servers or networks connected to this Service, or to
disobey any requirements, procedures, policies or regulations of
networks connected to this Service; or
j.
provide
any information to Tech S2 that is false or misleading, that attempts to hide
your identity or that you do not have the right to disclose. 21.
Monitoring
of Content
Tech S2 does not control
the content of members' accounts and does not have any obligation to monitor
such content for any purpose. You acknowledge that you are solely responsible
for all content and material you provide to the Service.
22.
Suspension
and Termination of Access and Membership
You agree that Tech S2
may at any time without notice:
a.
refuse to
accept your application to become a member;
b.
move or
suspend any part of the Service; or
c.
refuse
to fulfill any transcription request, or any part of any request or terminate
your account and delete any content stored in your account if, in Tech S2’s
sole discretion, you fail to comply with any of these Terms or if a competent
regulatory authority requires Tech S2 to do so.
23.
Storage
Policy
Tech S2 provides free
online storage of dictations and transcriptions to its members for an initial
period of 1 year from the date you first upload a dictation to your account. To
extend this storage, you need to contact Tech S2 via email at
support@CaseScribe.com
and request an extension request. If
you do not inform us within the initial 1 year period, we may archive the
dictation and its associated transcription stored in your account. We may
change this policy at any time, upon reasonable notice to you.
24.
Disclaimer
of Warranty and Limitation of Liability
Tech S2 agrees that all
services will be carried out with reasonable skill and care, and any goods
supplied will be of satisfactory quality and reasonably fit for their purpose.
THE SERVICE, TECH S2’S
SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY US "AS IS" WITH NO
WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE
FULLEST EXTENT PERMITTED BY LAW, TECH S2 DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE
THAT THE SUBMISSION OF ANY AUDIO DICTATATION TO TECH S2, AND THE DOWNLOAD OR
UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR
CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT
IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR
CREATING BACK-UPS OF YOUR DIGITAL CONTENT.
EXCEPT AS EXPRESSLY
PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF
THE SERVICE, TECH S2’S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF TECH
S2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Tech S2 is also referred to in this Statement as "we" and "us".
Your Dictations and
Transcriptions Your Personal
Information If Tech S2 becomes involved in a merger, acquisition, or any form of sale of
some or all of its assets, we will provide notice before personal information
is transferred and becomes subject to a different privacy policy. Information We Collect and How We Use It Information You
Explicitly Provide We use aggregate non-personal information (i.e. information that does not
include personally identifiable data) for statistical analysis of user
behavior, product development, content improvement and marketing, promotional
and advertising purposes. We may also make that aggregate non-personal
information available to select third party partners.
Cookies Log information User communications Your
Copyrights Updates and Security Correcting / Updating
your information De-Activating Your
CaseScribe Account Security Other Sites; Contact
Information Questions
about the Service
This Page's content was Last Revised November 14th. 2005 |
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CaseScribe® and Tech S2
® are Registered Trademarks of
Tech S2, Inc. Copyright © 2008, Tech S2, Inc. All rights reserved. |
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