Last Modified: November 30, 2021
The eManual Services are offered and available only to users who are authorized by TMC to use and access the eManual Services and who have been issued login credentials by TMC. By using the eManual Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of the requirements, you must not access or use the eManual Services.
TMC reserves the right to withdraw or amend the eManual Services, and any service or material provided as a part of the eManual Services, in TMC’s sole discretion and without notice. TMC will not be liable if, for any reason, all or any part of the eManual Services is unavailable at any time or for any period. From time to time, TMC may restrict access to some or all of the eManual Services.
· Making all arrangements necessary for you to have access to the eManual Services.
· Ensuring that information protected by The Health Insurance Portability and Accountability Act of 1996 (HIPAA), or similar state laws, is not posted, stored, or transmitted by your use of the eManual Services. TMC is not a Business Associate and is not obligated to protect any protected health or other patient information posted by you or users of the eManual Services as required by HIPAA.
If you are provided with a practice/location administrator username, password, or any other piece of information as part of TMC’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Usernames and passwords for staff accounts that have read-only access may be shared by current staff members only. You acknowledge that your account is personal to you and your organization and agree not to provide any other person or entity access to the eManual Services or portions of them using your username, password, or other security information. You agree to notify TMC immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log-out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree not to use the eManual Services for locations or businesses not explicitly authorized by TMC in writing.
The eManual Services and all contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by TMC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· Content made available for download and customization (e.g., fillable PDF forms) may be printed or downloaded as needed for your own personal, commercial use (or the use of another authorized user) during the term of your subscription and is not to be used for further reproduction, publication, or distribution.
· If TMC provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, commercial use, provided you agree to be bound by the end user license agreement for such applications.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials obtained as a part of the eManual Services.
The TMC name, the TMC logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TMC or its affiliates or licensors. You must not use such marks without TMC’s prior written permission. All other names, logos, product and service names, designs, and slogans in the eManual Services are the trademarks of their respective owners.
· In any way that violates any applicable federal, state, local, or international law or regulation.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the eManual Services, or which, as determined by TMC, may harm TMC, its affiliates, or other users of the eManual Services, or expose them to liability. Additionally, you agree not to:
· Use the eManual Services in any manner that could disable, overburden, damage, or impair the site or eManual Services, interfere with any other party’s use of the eManual Services, including their ability to engage in real time activities through the eManual site.
· Use any device, software, or routine that interferes with the proper working of the eManual Services.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the eManual Services, the server on which the eManuals and eManual Services are stored, or any server, computer, or database connected to the eManuals and eManual Services.
· Attack any portion of the sites connected to the eManual Services via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the eManual Services.
Reliance on Content of eManual Services
The content presented on or through the eManual Services is made available solely for general information purposes. Solely for the eManual Services content TMC creates that you are authorized by TMC to access and use (“Authorized TMC Content”), for the duration of the period during which you have authorization to use the eManuals Services, TMC warrants that the Authorized TMC Content will be free of material inaccuracies and defects. TMC represents and warrants the accuracy and usefulness of the Authorized TMC Content in the eManuals only for (i) the purposes for which TMC authorizes it to be used, (ii) in the form originally presented by TMC, and not as altered by you or another non-TMC party, and (iii) only as the Authorized TMC Content relates to the specific practice group location authorized to use and access such Authorized TMC Content. TMC disclaims all liability for any additions or alterations you or any other party other than TMC may make to the Authorized TMC Content or to any other information provided in the eManual Services, including, but not limited to, alterations made by you or your company to meet regulatory requirements. TMC is not responsible, or liable to you or any third party, for the misuse of the eManual Services or the Authorized TMC Content by individuals, businesses, or practice groups that are not authorized to use the specific eManual Services or Authorized TMC Content.
The eManual Services may include content provided by third parties, including materials provided by other users, governmental authorities, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by TMC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TMC. TMC is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links to third-party sites and resources are provided as a part of the eManual Services and are provided for your convenience only. TMC has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of these third-party websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the eManuals and eManual Services is based in the State of North Carolina in the United States. TMC provides the eManual Services for use only by persons located in the United States. TMC makes no claims that the content provided as part of the eManual Services, or the eManuals themselves is accessible or appropriate outside of the United States. Access to the eManual Services may not be legal by certain persons or in certain countries. If you access any of the eManual Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that TMC cannot and does not guarantee or warrant that files available for downloading from the internet or via the eManual Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the eManual Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, TMC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE eMANUAL SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE eMANUAL SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES OR CONTENT LINKED TO IT.
TO THE FULLEST EXTENT PROVIDED BY LAW, AND UNLESS OTHERWISE PROVIDED HEREIN, TMC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TMC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE eMANUAL SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT PROVIDED AS PART OF THE eMANUAL SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from TMC’s gross negligence or willful misconduct.