Terms of Service | Stage 4 Enterprises, Inc.

TERMS OF USE

Last Modified: April 28, 2025

Acceptance of the Terms of Use

These terms of use are between you and any other individual or entity on whose behalf you accept these terms (collectively “you”, “User” or “Customer”) and 4th Dimension EMR, Inc. (“we,” “us,” or “4D EMR”). The following terms and conditions, together with any documents expressly incorporated by reference herein, including the Subscription Agreement and our Privacy Policy and Community Form Submission, (collectively, “Terms of Use“), govern your access to and use of 4d-emr.com, including any content, functionality, and services offered on or through 4D EMR’s website (the “Website“), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the documents incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use the Website.

Modification of these Terms of Use

We may revise the Terms of Use (other than the Subscription Agreement) from time to time in our sole discretion and without notice to you. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

Prior to receiving your credentials to access and use the Website, you must enter into a Subscription Agreement with us, either in electronic or written form. The Subscription Agreement will document the specific terms and conditions of your right to access and use the Website, the 4D EMR software (“Software”) and related services that you are agreeing to purchase from 4D EMR (the “Services”). Your use of the Services is also governed by these Terms of Use and our Privacy Policy and Community Form Submission.

We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict User access to some parts of the Website or the entire Website.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Access by Employees and Contractors.

The Website is exclusively for business use as it relates to your relationship with 4D EMR. You may allow your employees and contractors to access the Service in compliance with these Terms of Use and the applicable Subscription Agreement, which access must be for the sole benefit of Customer. You are responsible for the compliance with these Terms of Use and the applicable Subscription Agreement by your employees and contractors.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us 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 exit from 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.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Services Support

We will provide you with technical support for the Services as further detailed in our Support Policy.

Customer Responsibilities

Restrictions and Responsibilities.

Unless expressly permitted by 4D EMR, you may not (i) sell, resell, rent or lease the Service, use the Service beyond its internal operations or reverse engineer the Service, (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights (including without limitation any privacy rights), (iii) interfere with or disrupt the integrity or performance of the Service, (iv) attempt to gain unauthorized access to the Service or its related systems or networks, (v) reverse engineer the Service or remove or modify any proprietary marking or restrictive legends in the Service, (vi) use the Service in violation of any law, including without limitation, HIPAA, Telephone Consumer Protection Act (TCPA) any spam laws (for example, CAN SPAM), state and federal laws applicable to the provision of telehealth services, state and federal laws applicable to privacy and security of health information and in regards to electronic health records, or (vii) access the Service to build a competitive product or service, or copy any feature, function or graphic of the Service for competitive purposes. Customer is solely responsible for Customer Information (defined below), must use commercially reasonable efforts to prevent unauthorized access to the Service, must notify 4D EMR promptly of any such unauthorized access, and may use the Service only in accordance with applicable law.

Customer Information.

As used herein, “Customer Information” means (1) all data, information or other materials provided by you to 4D EMR and intended for use with the Services or Software or that is stored or processed by 4D EMR as part of the Services or use of Software, and (2) data generated by 4D EMR through its use or processing of such data. Customer Information is Confidential Information (as defined below) of Customer. As between Customer and 4D EMR, Customer has and retains exclusive ownership of all Customer Information and any derivative works thereof. All rights to Customer Information not granted in this Agreement are hereby reserved to Customer. No Customer Information, or any part thereof, will be sold, assigned, licensed, leased or otherwise disposed of or disclosed to third parties by 4D EMR or commercially exploited by or on behalf of 4D EMR, except as necessary for 4D EMR’s provision of the Services or Software or as otherwise set forth in this Agreement. Subject to the terms in these Terms of Use and solely for the purposes of providing you the Services, you hereby grant 4D EMR a royalty free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use your Customer Information in connection with the Services including, without limitation, the rights to: copy, modify, distribute, transmit, display, perform, reproduce, edit, translate and reformat the Customer Information. Notwithstanding the foregoing, if your access to the Services is suspended for non-payment of fees in accordance with the Subscription Agreement, 4D EMR will have no obligation to provide Customer Information to you until you remedy such non-payment as provided in the Subscription Agreement.

Accuracy of Information Provided by Customer.

You represent and warrant to 4D EMR that all Customer Information, Content (defined below) and other material provided under your account, by you or on your behalf, is true, correct and accurate. If you learn that any Customer Information or Content provided to 4D EMR as part of the Service is not true, correct or accurate, you must immediately notify us by phone and in writing of this fact, and provide the true, correct and accurate information to us. We are entitled to rely on your representations regarding the truth, accuracy and compliance with laws of Customer Information and Content. 4D EMR IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR FAILURE TO COMPLY WITH THIS PARAGRAPH, IRRESPECTIVE OF ANY ACT OR OMISSION ON THE PART OF 4D EMR.

Customer’s Compliance with Medical Retention Laws and Patient Records Access.

You are responsible for understanding and complying with all state and federal laws related to retention of medical records, patient access to information and patient authorization to release data. You agree that you will obtain any necessary patient consent prior to using the Service (including without limitation the Patient Portal) and will apply settings to exclude information from availability in the Patient Portal as necessary to comply with state or federal law.

Other Terms Applicable to Use of the Website

Aggregation Services and De-identified Data.

As provided in 4D EMR’s business associate agreement, 4D EMR may use protected health information to provide you with data aggregation services (as that term is defined by HIPAA) and to create de-identified data in accordance with 45 CFR 164.514(a)-(c) retaining any and all ownership claims related to the de-identified data it creates from protected health information including any use or disclosure as 4D EMR deems appropriate, provided that the information is de-identified in accordance with the HIPAA Rules including aggregation, manipulation, sales, publication and distribution for any purpose. Any and all de-identified information shall not be subject to HIPAA or any restrictions in 4D EMR’s business associate agreement. 4D EMR may use, during and after this agreement, all aggregate anonymized information and de-identified data for purposes of enhancing the Service, technical support and other business purposes, to the extent in compliance with the HIPAA Privacy Standards, including without limitation the limited data set and de-identification of information regulations. Customer agrees that 4D EMR is permitted under HIPAA and its business associate agreement to use protected health information for its proper management and administration. You agree that “proper management and administration,” to the extent permitted by law includes, but is not limited, to data analytics, quality improvement, product improvement and development, and/or Health Care Operations, as this term is defined in the HIPAA Privacy Standards, in connection with 4D EMR’s services to and products for its current and future customers including you.

Electronic Prescriptions for Controlled Substances.

If you use the Services for Electronic Prescriptions for Controlled Substance (Electronic Prescriptions), the following applies:

Tokens. Each Electronic Prescription account is assigned to a specific provider (Prescribing Provider) authorized by Customer. Each Prescribing Provider will be provided with a complimentary Identity-Proof Hard Token (Hard Token) and confirmation letter. If the Hard Token is lost, damaged or becomes inoperable, there will be an additional fee for a new Hard Token or confirmation letter. If Prescribing Provider secures and elects to use a Soft Token (Soft Token), provided by a third-party, the Soft Token must be downloaded/stored on a separate device from the computer or device on which the Prescribing Provider gains access to the Electronic Prescriptions feature and transmits prescriptions. The Hard Tokens and Soft Tokens are referred to generally as a Token.

Customer and each Prescribing Provider agrees: (a) that each Prescribing Provider shall retain sole possession of the Hard Token and not to share the login passphrase with any other person; (b) that each Prescribing Provider may not allow any other person to use the Token or enter the login passphrase in order to sign controlled substance prescriptions; (c) that failure to secure the Token, login passphrase, or any biometric information may provide a basis for revocation or suspension of the Electronic Prescriptions account; (d) to notify 4D EMR within one business day of discovery if: (i) Customer or a Prescribing Provider is contacted by a pharmacy because one or more controlled substance prescriptions are displaying the incorrect United States Drug Enforcement Administration (DEA) number; (ii) if Customer or a Prescribing Provider discover that one or more controlled substance prescriptions issued using a Prescribing Provider DEA number were not consistent with the prescriptions actually signed, or were not signed at all; (iii) if a Prescribing Provider’s Token has been lost, stolen, or the authentication protocol has been compromised in any way; (e) that the Prescribing Provider is responsible for any controlled substance prescriptions written using its two-factor authentication credential; (f) that Prescribing Providers have the same responsibilities when issuing electronic prescriptions for controlled substances as when issuing paper or oral prescriptions; (g) to prescribe controlled substances only for legitimate medical purposes; (h) to review security logs on a daily basis for any security incidents; and (i) to report to the DEA any security incident and provide 4D EMR with a copy of such report. Customer agrees to keep all security incident reports on file for a period of 2 years. You agree that you are solely responsible for compliance with all state and federal laws and regulations regulating electronic prescribing of controlled substances.

Electronic Prescriptions (Excluding Prescriptions for Controlled Substances). If Customer uses the Service for Electronic Prescriptions (excluding prescriptions for controlled substances), the Customer and each Prescribing Provider agrees: (a) to only prescribe on their own behalf and not give away password or credentials to another person to prescribe for them; and (b) to take the same responsibility you would when transmitting paper or phone prescriptions. You agree that you are solely responsible for compliance with all state and federal laws and regulations regulating electronic prescribing.

Reminders and SMS Messages.

Customer agrees that by registering for the Service, including any request forms or use of communications features, constitutes a request for 4D EMR to send email, fax, phone call, or SMS reminders about upcoming appointments, special oﬀers, and upcoming events. 4D EMR is not responsible for any text messaging or data transmission fees. If Customer provides a cellular phone number and agrees to receive communications from 4D EMR, Customer specifically authorizes 4D EMR to send text messages or calls to such number. Customer represents and warrants it has the authority to grant such authorization. Customer is not required to consent to receive text messages or calls as a condition of using the Service and may opt out of such messages through the Services.

Mutual Compliance with Laws.

Each party represents and warrants to the other party that it will comply with all applicable laws regarding its performance under these Terms of Use.

No Medical Advice Provided by 4D EMR.

4D EMR does not engage in the practice of medicine or provide any professional health care services. We do not control or interfere with the practice of medicine or other provision of health care services or medicine by You or any other health care provider. Our Services do not provide medical advice, provide medical or diagnostic services, practice medicine, provide any professional health care services, or prescribe medication. Use of the Service is not a substitute for the professional judgment of health care providers in diagnosing and treating patients. You are solely responsible for directing medical care, practicing medicine, prescribing medication, and providing any professional medical or health care services. You are solely responsible for verifying the accuracy of patient information (including, without limitation, obtaining all applicable patients’ medical and medication history and allergies), obtaining patient’s consent to use the Service (including without limitation the Patient Portal), and for all of your decisions or actions with respect to the medical care, treatment, and well-being of your patients, including without limitation, all of your acts or omissions. Any use or reliance upon the Service will not diminish your responsibility. You assume all risks associated with the clinical use of the Service for the treatment of patients. Neither 4D EMR nor its licensors assume any liability or responsibility for damage or injury (including death) to Customer, a patient, other person, or tangible property arising from any use of the Services. Nothing contained in the Service is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by 4D EMR.

Payment Terms and Suspension

Payment.

Customer must pay to 4D EMR all fees in accordance with the payment terms as agreed in the Subscription Agreement.

Suspension of Service for Non-Payment.

We may suspend or terminate the Service and your access to the Website, or both, if you have not paid amounts owed to us when due. In advance of any suspension or termination, we will make commercially reasonable efforts to send a minimum 5-day notice of payment default to you prior to suspension or termination (you are responsible updating your contact information with 4D EMR and notifying us of any changes to such information).

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

IF YOU REQUEST THAT WE INCORPORATE YOUR CONSENT FORMS AND OTHER DOCUMENTS INTO OUR SERVICES, WHICH PROCESS MAY REQUIRE NON-SUBSTANTIVE REVISIONS TO SUCH FORMS AND OTHER DOCUMENTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 4D EMR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER INTANGIBLE LOSSES YOU MAY SUSTAIN RESULTING FROM OR RELATED TO SUCH CONSENT FORMS OR OTHER DOCUMENTS. WE ARE NOT RESPONSIBLE FOR THE LEGAL COMPLIANCE OF ANY CUSTOMER CONSENT FORMS OR OTHER CUSTOMER DOCUMENTS INCORPORATED INTO THE 4D EMR SERVICES.

WE MAY PROVIDE FORM AND TEMPLATE DOCUMENTS TO YOU AS PART OF OUR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY FORM AND TEMPLATE DOCUMENTS PROVIDED BY US AS PART OF OUR SERVICES ARE INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, HAVE NOT BEEN REVIEWED BY LEGAL COUNSEL FOR YOUR USE, AND THAT PRIOR TO USING SUCH FORM AND TEMPLATE DOCUMENTS YOU SHALL SEEK LEGAL COUNSEL REGARDING THE USE OF SUCH FORM AND TEMPLATE IN YOUR PRACTICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS AND LEGALITY OF ANY SUCH FORMS AND TEMPLATES PROVIDED BY US, DO NOT GUARANTEE THAT SUCH FORMS AND TEMPLATES COMPLY WITH APPLICABLE LAWS IN YOUR JURISDICTION, AND WE SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF SUCH FORMS AND TEMPLATES, WHETHER DIRECT OR INDIRECT.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Links to Third Party Sites

We make no representations whatsoever about any other website which you may access through the 4D EMR Website. When you access a non-4D EMR website, even one that may contain the 4D EMR-logo or other 4D EMR trademark, service mark or trade name, please understand that it is independent from us, and that we have no control over the content on that website. Additionally, the 4D EMR Website may contain links to other websites (“Linked Sites“). The Linked Sites may not be under the control of 4D EMR and 4D EMR is not responsible for the contents of any Linked Site not under 4D EMR control, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 4D EMR is not responsible for any form of transmission received from any Linked Site. 4D EMR makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Linked Sites and shall have no liability for any damages or injuries of any kind arising from such content or information. 4D EMR is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 4D EMR of the site or any association with its operators. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL 4D EMR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER FOR ANY USE OF THE LINKED SITES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Unlawful or Prohibited Use

As a condition of your use of our Website, you warrant to us that you will not use our Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use our Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website. You may not obtain or attempt to obtain any materials or information through any means not made available or provided to you through the Website.

Removal of Abusive or Defamatory Content

We may remove any abusive or defamatory content, or other content posted in our 4th Dimension EMR Community Group in our sole discretion. Any content marked as “report abuse” by a User will be reviewed by a moderator and as a result of this review routine may be hidden from view until the event is addressed through our moderation process. Any events deemed inappropriate will be removed at the discretion of the moderation process.

4D EMR’s Unsolicited Idea Submission Policy

You may choose from time to time to provide to 4D EMR and its employees your ideas, including ideas for new advertising campaigns, new promotions, new or improved solutions, products or technologies, solution or product enhancements, processes, marketing plans or new solution or product names. You agree that: (1) your submissions and their contents will automatically become both the legal and equitable property of 4D EMR, without any compensation to you; (2) we may use or redistribute the submissions and their contents for any purpose and in any way without limitation; (3) there is no obligation for us to review the submission; (4) there is no obligation to keep any submissions confidential; and (5) you hereby agree to waive absolutely any and all moral rights arising from your submissions and their contents so far as is lawfully possible and any broadly equivalent rights you may have in respect of your submissions and their contents in any territory of the world.

Materials Provided to 4D EMR or Posted on the Website

Except for where specifically covered by our Privacy Policy, 4D EMR does not want to receive confidential or proprietary information of any person or organization from you through our Website and you agree not to supply the same. Please note that any information or material sent to us that is not covered by our Privacy Policy, whether by post, upload, input or submission to the Website or its associated services (collectively “Materials“), will be deemed NOT to be confidential and we shall have no obligation of any kind with respect to such Materials or any underlying information. Notwithstanding anything to the contrary, the upload, input or submission of protected health information in the use of the Services shall be governed by the terms of the Business Associate Agreement entered into by you and 4D EMR.

Subject to the limitations of the Privacy Policy, by posting, uploading, inputting, providing or submitting your Materials you agree to grant all Users a royalty free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use your submission (Materials) in connection with the operation of their businesses including, without limitation, the rights to: copy, modify, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission (Materials) (which includes the right to incorporate any portion thereof into any products or services offered to the public by 4D EMR); any Materials used in this way must be attributed in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of their work), and you hereby agree to waive absolutely any and all moral rights arising from the (Materials) so far as is lawfully possible and any broadly equivalent rights you may have in respect of the (Materials) in any territory of the world. No compensation will be paid with respect to the use of any Materials. 4D EMR is under no obligation to post or use any Materials you may provide and may remove any Materials at any time in 4D EMR’s sole discretion.

By posting, uploading, inputting, providing or submitting your Materials you warrant and represent that you own or otherwise control all of the rights to your Materials as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Materials.

When accessing secure areas on the Website requiring authentication, you are responsible for the additional terms and conditions of any agreements between 4D EMR and you or your employer, patient or other associate to the extent any agreements apply to you.

Communities and Groups

In certain areas of the Website, Users are able to create, join, participate and/or contribute to communities and collaborative groups. These groups are only to be created for the purpose of communicating, collaborating, or doing business with us, our associates and/or our clients. Creation of groups for purposes such as personal communication with non 4D EMR associates, collaboration internal to your personal business, or doing business with entities other than 4D EMR is forbidden.

Proprietary Rights

The Website and its entire 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 the 4D EMR, 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.

Trademarks.

4D EMR’s name, the terms of 4D EMR trademarks, 4D EMR’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the 4D EMR or its affiliates or licensors. You must not use such marks without the prior written permission of the 4D EMR. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Software Available on the Website.

Our Software that is made available to download from the Website (excluding software that may be made available by end-users through a Communication Service), is the copyrighted work of 4D EMR and/or its suppliers. Your use of the Software is governed by the terms of the Subscription Agreement. You may not install or use any Software unless you first agree to the Subscription Agreement terms.

For any Software not accompanied by a Subscription Agreement, we hereby grant to you, the User, a personal, non-transferable license to use the Software for viewing and otherwise using the Website in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. No other license is granted. You shall not modify, alter, decompile, reverse engineer or otherwise change Software, except to the extent as permitted by applicable law without the possibility of contractual waiver. All Software is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.

Limitation on Liability

No Indirect Damage.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 4D EMR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE 4D EMR WEBSITE, WITH THE DELAY OR INABILITY TO USE THE 4D EMR WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE 4D EMR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE 4D EMR WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 4D EMR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE 4D EMR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE 4D EMR WEBSITE.

Direct Damages Cap.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF 4D EMR AND CUSTOMER, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES (EXCLUDING HIPAA VIOLATIONS) SHALL NOT EXCEED THE FEES ACTUALLY PAID BY THE CUSTOMER FOR THE SERVICES WITHIN THE 12-MONTH PERIOD PRECEDING THE EVENT WHICH GAVE RISE TO THE CLAIM. LIMITATIONS ON LIABILITY RELATED TO HIPAA VIOLATIONS ARE SPECIFIED IN THE BUSINESS ASSOCIATES AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT, INCLUDING THIS SECTION 17, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

Indemnification

You agree to defend, indemnify, and hold harmless the 4D EMR, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada, in each case located in the City of Las Vegas and County of Clark, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Nevada law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the 4D EMR of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the 4D EMR to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, Subscription Agreement, our Privacy Policy and Community Form Submission constitute the sole and entire agreement between you and 4D EMR regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by Candace Crowe Design, https://www.CandaceCrowe.com.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@4d-emr.com

Beta Features

If you are invited to access any beta features of the Service or if you access any beta features of the Service, you acknowledge that: (a) such features have not been made commercially available by 4D EMR; (b) such features may not operate properly, be in final form or fully functional; (c) such features may contain errors, design flaws or other problems; (d) it may not be possible to make such features fully functional; (e) use of such features may result in unexpected results, corruption or loss of data, or other unpredictable damage or loss; (f) such features may change and may not become generally available; and (g) 4D EMR is not obligated in any way to continue to provide or maintain such features for any purpose in providing the ongoing Service. These beta features are provided AS IS, with all faults. You assume all risk arising from use of such features, including, without limitation, the risk of damage to your computer system or the corruption or loss of data.

Prior Versions