Terms of Use

Emerald Health’s website (https://emeraldhealthllc.com/) is owned and operated by EmeraldHealth.com, Inc. (“Emerald Health”). The Site is designed for use by healthcare professionals and all other individuals interested in utilizing its features (“You” or, as contextually appropriate, “Your”).

These Terms of Use (“Terms”) outline the conditions under which the Emerald Health Site is made accessible to You and govern your access and/or use of this Site. These Terms constitute a binding agreement between Emerald Health and You. They remain in effect until You discontinue use of the Site, subject to the surviving provisions herein. The Site serves as a service to its visitors, including Emerald Health’s clients. Registration of an account with Emerald Health may be required to access specific Site features.

Privacy

The Site’s Privacy Policy, available at https://www.emeraldhealthllc.com/privacy-policy, governs how your personal information is collected, used, and protected when you use the Site. By accessing and using the Site, you agree to comply with the Privacy Policy, which is now an integral part of these Terms of Use. This incorporation ensures that all privacy-related matters are handled in accordance with the established guidelines and practices outlined in the Privacy Policy.

Access and Use

You agree to promptly notify Emerald Health of any unauthorized use of the Site or any security breaches resulting from your actions. You may be held responsible for any losses incurred by Emerald Health or other Site users due to your violation of these Terms. You are responsible for ensuring that your use of the Site adheres to these Terms and Conditions. Additionally, you must take all necessary precautions to protect the security and integrity of your login credentials and account information. Failure to comply may result in restricted access or other legal consequences.

Emergency Situations

The Site and its content must not be construed as a substitute for medical diagnosis or treatment by a qualified healthcare provider nor as an endorsement of any physicians, medications, products, or procedures. Your reliance on information posted on the Site is at Your own risk. You are solely responsible for verifying the accuracy of any information exchanged via this Site. The Emerald Health Site is not intended for use in emergencies; in such cases, immediate contact with local emergency services is required.

Freedom of Choice

You acknowledge that your use of the Emerald Health Site is entirely voluntary and that you can choose from various alternative practice management solutions available in the market. By selecting to use this Site, you recognize that there are other tools and services that could meet your practice management needs, but you have chosen Emerald Health for its specific offerings and benefits.

Proprietary Rights

The registered trademarks of Emerald Health may not be used without prior authorization. Third-party trademarks appearing on the Site are the property of their respective owners. All Site content, including design, text, images, and software (“Content”), is owned or controlled by Emerald Health and protected by copyright, trademark, and other intellectual property laws. Use of the name “Emerald Health” in advertising or publicity without Emerald Health’s express written consent is strictly prohibited. All images on the Site are owned or licensed by Emerald Health and are for use exclusively on this Site. Unauthorized use is prohibited.

Links to Third-Party Sites

The Emerald Health Site may contain links to third-party websites that may or may not be affiliated with Emerald Health (“Linked Sites”). Emerald Health does not own or control Linked Sites and is not responsible for their content, links, updates, or any changes therein. Emerald Health does not endorse Linked Sites and is not bound by their terms and conditions. Emerald Health shall not be liable for any direct or indirect damages arising from Your use of Linked Sites or their products and services.

Information Provided to the Site

You acknowledge that data or information submitted through the Site, specifically about You, remains Your exclusive property. However, subject to the Privacy Policy and applicable laws, You grant Emerald Health an irrevocable, perpetual license to use such data in a de-identified format for research and development purposes. You warrant that the information provided on the Site is current, complete, and accurate.

Prohibited Conduct

In addition to the prohibited conduct detailed in these Terms, you agree not to engage in the following activities:

• Do not post or transmit sexually explicit, vulgar, unlawful, defamatory, threatening, harassing, abusive, slanderous, or embarrassing content.
• Do not infringe upon Emerald Health’s or any third party’s intellectual property rights, privacy rights, or any other rights.
• Do not violate local, state, national, or international laws.
• Do not engage in conduct that is harmful to minors.
• Do not attempt to damage, disrupt, or impair the Site or its infrastructure using harmful code, viruses, or similar technologies.
• Do not use automated tools or methods to access, copy, or monitor the Site or its content.
• Do not violate other users’ privacy rights or impersonate any person or entity.
• Do not advertise or solicit business, manipulate or forge Site Content origins, collect or trace user information without consent, assist third parties in violating these Terms, or overload the Site’s infrastructure.

Termination

Emerald Health reserves the right to terminate your access to any part or all of the Emerald Health site at any time. This termination can occur with or without a specific reason and with or without prior notice.

This means that Emerald Health has full discretion to restrict or end your use of their services or website at any moment, regardless of circumstances or whether they provide you with an explanation or warning.

Modifications to Terms of Use

Emerald Health reserves the right to modify these Terms at any time by posting an updated version on the Site. You are responsible for reviewing the Site regularly to stay informed of any changes. Your continued use of the Emerald Health Site after such modifications constitutes Your acceptance of the revised Terms.

Disclaimers, exclusions, and limitations

As used herein, “Emerald Health” includes its owners, employees, representatives, agents, affiliates, directors, officers, members, managers, volunteers, and suppliers.

Disclaimer of Warranties

The site, its content, and any information provided through the site are offered on an “as is” basis, without any warranty, expressor implied. Emerald Health disclaims all warranties and conditions, including but not limited to implied warranties or conditions of merchantability, accuracy, non-infringement, and fitness for a particular purpose.

Limitation of liability and exclusion of damages

Under no circumstances shall emerald Health or third parties mentioned on the site be liable to you or any other person or entity for any damages, including direct, indirect, special, incidental, consequential, exemplary, punitive, or other damages arising from or related to your use or inability to use the site, or any provision of these terms, whether in contract, warranty, negligence, strict liability, or any other legal theory, even if advised of the possibility of such damages. This limitation of liability applies to the fullest extent permitted by law.

Indemnity

By agreeing to these terms, you agree to defend, indemnify, and hold harmless Emerald Health and its officers, directors, employees, agents, licensors, and suppliers from any claims, actions, liabilities, and settlements, including legal fees and expenses incurred as a result of your violation of these terms.

This means that if you breach any of the terms outlined by Emerald Health, you accept responsibility for any legal consequences that arise. You agree to cover any costs incurred by Emerald Health, including legal fees, in defending against claims or actions brought as a result of your violation of the terms. This indemnification obligation extends to protecting Emerald Health and its associated parties from any losses or damages they may incur due to your actions or failures to comply with the terms of use.

Miscellaneous

Sections including Disclaimers, Exclusions, and Limitations; Indemnity; Prohibited Conduct; and Proprietary Rights survive termination of these Terms. These Terms of Use are governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute shall be resolved in federal or state courts of New York. If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in effect. These Terms constitute the entire agreement between You and Emerald Health regarding Your use of the Site and supersede any prior agreements. Emerald Health does not accept counter-offers to these Terms. Failure to enforce any provision shall not waive Emerald Health’s right to enforce such provision. These Terms do not grant rights or remedies to any third parties.