Legal Information

Copyright and Trademark

Terms of Use

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 New York whose principal business address is 6 Sunset Drive, Lansing, NY 14882.

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 New York . Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York .

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

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 CaseScribe registered users for an initial period of 1 year from the date you first upload the dictation to your account. To extend this storage, you need to contact Tech S2 via email at support@CaseScribe.com and request an extension.  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, TECH S2 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.