Terms of Service

 

Please note that by using this site, you agree to be bound by the Terms of Service outlined below.  See our Privacy Policy for guidance on our obligations regarding the personal information we collect and how we use it.

Enspektos, LLC has established this website as a service to you for your personal information, education and communication. Enspektos, LLC provides users of the site with tools and technologies designed to allow collaborative editing and posting of content to this site.  Please note that by using this site, you agree to be bound by the Terms of Service Agreement (“Terms of Service” or the “Agreement”) outlined below.

Terms Related to the Use of  DigiHealth Informer, Digital Health Maven Pro and Other Subscription Services

Your Account

In order to access certain features of this website, you will be required to create an online account. You agree to: (A) take reasonable measures to maintain the security of your user identification, password and other information relating to your subscription account; (B) refrain from sharing your account password or from allowing access to your account by any third party; (C) be solely responsible for the security, confidentiality, legality and integrity of all messages and content that you receive, transmit or store using any of the services provided via this site; (D) be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying Enspektos, LLC in writing of such use and taking steps to prevent its further occurrence, including by changing your password; (E) comply with the terms and conditions set forth herein; and (F) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the digital products and services associated with this site.

Fees Payment Terms, Refunds and Account Cancellation

Enspektos, LLC charges a subscription fee (“Fees”) for the use of DigiHealth Informer, Digital Health Maven Pro and other digital products and services on this site. By registering for an account, you agree to pay Enspektos, LLC the Fees applicable to the service level chosen. Unless otherwise stated, all Fees are in U.S. Dollars. Enspektos, LLC expressly reserves the right to change the Fees at any time, upon notice to you. The Fees do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use digital products and services on this site, which shall be your sole responsibility. All Fees will be billed to your credit card (or invoiced) at the current international currency conversion rate. You are responsible for and shall pay Enspektos, LLC all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, “Taxes”) for the use of this site, whether imposed now or hereinafter by any governmental entity. For any upgrade or downgrade in plan level that you elect, your credit card will automatically be charged the new rate on your next billing cycle (or you will be invoiced) for the full monthly or annual amount of the selected service.

Unless specified by a separate written agreement, all Fees are payable on a monthly or annual basis and will be billed or invoiced automatically unless we terminate or you terminate your subscription.  Upon purchasing a subscription for DigiHealth Informer, Digital Health Maven Pro or another product or service, refunds will be provided only within thirty (30) days post assessment of the first month’s subscription fee (for individual accounts, only). Large group accounts invoiced and paid on a monthly or annual basis, shall not be refunded. No refunds or credits will be granted after thirty (30) days for partial months of service, upgrades/downgrades or periods when you did not use digital products and services. 

You may choose to deactivate your Digital Health Maven Pro subscription at any time via the “Account” link provided on this site, or by contacting us and requesting that we cancel your individual or group subscription.  We reserve the right to deactivate your access to Digital Health Maven Pro if you fail to pay applicable fees via credit card or invoice. You must provide current, complete and accurate billing information. You must promptly update all billing information to keep your account current, complete and accurate (such as by furnishing a new billing address, card number or expiration date), and you must promptly notify Enspektos, LLC if your credit card is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement (or invoice you for outstanding fees). You agree to promptly pay Enspektos, LLC in the event of any refusal of your credit card issuer to pay any amount to Enspektos, LLC for any reason. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, Enspektos, LLC may immediately suspend or terminate this Agreement and your access to digital products and services on this site.

Your Rights to Use DigiHealth Informer, Digital Health Maven Pro and Other Services (Limited License)

Subject to your strict compliance with this Agreement, Enspektos, LLC grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to use DigiHealth Informer, Digital Health Maven Pro or other digital content provided via this site in the following manner by:

  • Viewing content while accessing this site
  • Downloading or printing one copy of any content for personal use.
  • Incorporating, on a non-systematic and non-routine basis, a small excerpt of content (e.g., a few lines of text, a paragraph specific graphics, charts or graphs) within a report or presentation that is distributed to an audience that is internal to the company, organization or agency for which you are employed, as long as you attribute Enspektos, LLC as the source.
  • Briefly summarizing, on a non-systematic and non-routine basis, content in your own words, and distribute the summary to an audience that in internal to your company organization or agency in connection with a specific project, as long as you attribute Enspektos, LLC as the source.
  • Distributing, in digital or hard copy, content for which you have received explicit permission to do, or purchased reprint rights to audiences inside or outside of your company, organization or agency
  • If your subscription was obtained under an enterprise agreement, distribute content in accordance with the terms of that agreement

Except as expressly provided above, you may not post or otherwise distribute content (e.g. via hard copy, email, and/or posting on intranet, Internet, or other information storage & retrieval systems). This limited license does not give you any ownership of, or any other intellectual property interest in, any content.  This license may be immediately suspended or terminated for any reason, at Enspektos, LLC’s sole discretion, and without advance notice or liability.

Other Terms of Service

Content on DigiHealth Informer, Digital Health Maven Pro and Other Sections of This Site

Ownership

The content (as defined below) on this site is intended for your personal, noncommercial use only. Commercial use of any content is strictly prohibited.  All materials published and/or distributed on or through this site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) (collectively, the “content”) are protected by copyright pursuant to U.S. and international copyright laws, and are owned or controlled by Enspektos, LLC or the party credited as the provider of the content. Except as set forth above, you may not modify, publish, transmit, adapt, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content in whole or in part, in any  manner without the express written consent of Enspektos, LLC or the copyright owner identified in the copyright notice in the content.

If your current subscription permits you to export certain content (such as charts, graphs, CSV files, etc.), then subject to your compliance with these Terms, including, without limitation, your payment of all applicable fees, we hereby grant you an additional limited, revocable, non-transferable non-exclusive, non-sublicensable license to export and display such content in the manner and file format(s) that we permit.  You may use such exported content solely for your internal business purposes and agree that you will not disclose the exported content to any third parties or publish the content in any manner accessible to third parties without the express written consent of Enspektos, LLC.  Upon termination of this agreement or your subscription you must immediately delete and/or destroy the exported materials and any copies thereof in your possession or control.

You agree not to change or delete any proprietary notices that appear in the content. You may not use any Enspektos, LLC or DigiHealth Informer, Digital Health Maven Pro, enmoebius or proprietary graphic or trademark without Enspektos, LLC’s express written permission. You shall abide by all additional copyright notices, information, or restrictions contained in any content accessed through this site. As between the parties, title, ownership rights, and intellectual property rights in the content and services, and any copies or portions thereof, shall remain in Enspektos, LLC and/or its content providers or licensors. Enspektos, LLC reserves any rights not expressly granted in this Agreement.

License to Enspektos, LLC of Your User Submissions

By submitting content to this site you grant Enspektos, LLC world-wide, perpetual, irrevocable, royalty free, non-exclusive, fully sub-licensable license(s) to use, distribute, reproduce, modify, adapt, publish, display, and translate, material on this site solely in connection with activities associated with this site.

Copyright

We respond promptly to claims of intellectual property or copyright infringement. We will take action as specified under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. To notify us of infringement, please send an e-mail to supportu@enspektos.com with information as set forth by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).

Your Privacy

Enspektos, LLC does not “spam” members of this site and will not sell or disclose your personal information to third parties, unless required for legal reasons to comply with legal investigations or to insure that content does not violate the rights of third parties.  We also provide clearly identifiable instructions for unsubscribing to any e-mail published via DigiHealth Informer, Digital Health Maven Pro or other products and services provided via this site. For our full privacy policy, please click here.

User Conduct and Content

You, not Enspektos, LLC, are entirely responsible for all content you upload, post, e-mail, transmit or otherwise make available on this site. You agree that you will not use this site to:

a. upload or post inappropriate content (i.e., material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable);
b. upload, post, e-mail, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (i.e., inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
c. upload, post, e-mail, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
d. upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
e. harm minors in any way;
f. upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g. upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents;
h. interfere with or disrupt Digital Health Maven Pro or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to use of this site;
i. violate (intentionally or unintentionally) any applicable local, state, national or international law; or
j. collect or store personal data about other users.

Our Right to Remove Content and Manage User Submissions

You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to this site including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by Enspektos, LLC in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any User Submissions from the Services at any time, for any reason or for no reason at all. Enspektos, LLC reserves the right to treat User Submissions as content stored at the direction of users for which Enspektos, LLC will not exercise control except to block or remove content that comes to Enspektos, LLC’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to Enspektos, LLC, or to enforce the rights of third parties or the content restrictions set forth below in this Agreement when notice of their violation comes to Enspektos, LLC’s attention. However, Enspektos, LLC shall not be responsible for controlling or editing any content, and Enspektos, LLC has no contractual obligation to remove inappropriate or unlawful content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of content.

Enspektos, LLC may or may not pre-screen or review content posted to this site, but retains the right to remove or move material on the site if it is deemed to be in violation of these Terms of Service. You agree to carefully evaluate content posted to this site and bear all risks associated with the use of content on this site.

Content Accuracy

Enspektos, LLC does not guarantee the accuracy, quality or integrity of content posted on this site. Under no circumstances will Enspektos, LLC be liable in any way for content posted to this site, including, but not limited to, errors or omissions in any content, loss or damage of any kind incurred as a result of the use of any content posted to this site.

Disclaimer, Indemnity

The content presented on the site is for information purposes only.

Enspektos, LLC makes no warranty or representation, expressed or implied, with respect to the quality, content, accuracy, completeness, currency, freedom from computer virus, or non-infringement of proprietary rights, of any of the design, information, text, graphics, images, pages, interfaces, links, software, or other materials and items contained or displayed on this site. All other terms and materials are provided on an “as is” basis, and you are fully and solely responsible for your use of them and for any results or consequences of your use. The information on this site have been compiled from a variety of sources, including sources beyond the control of Enspektos, LLC, and are subject to change without notice from Enspektos, LLC. Commercial use is prohibited without the prior written permission of Enspektos, LLC.

You agree to indemnify and hold Enspektos, LLC and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees and expenses, made by any third party due to or arising out of content you submit, post, transmit or make available through this site, your use of this site (including advice and commentary received from agents or associates of Enspektos, LLC), your connection to this site, your violation of the Terms of Service, or your violation of any rights of another.

In no event shall Enspektos, LLC and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising out of your accessing or using the site, or otherwise arising from the site or from anything contained or displayed on the site, including but not limited to damages for loss of profits, goodwill, use, data or other tangible and intangible losses, resulting from but not limited to: (1) the use of or inability to use this site; (2) the cost of securing substitute goods or services resulting from any goods, data information or services purchased or obtained or messages received or transactions entered into through or from use of this site; or (3) unauthorized access to or alteration of your transmissions or data.

Nothing contained in or displayed on this site constitutes or is intended to constitute legal advice by Enspektos, LLC or any of its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees.

Modifications to DigiHealth Informer, Digital Health Maven Pro and Other Digital Products and Services on This Site & Agreement

Enspektos, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site (and any part thereof) with or without notice. You agree that Enspektos, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site.

Enspektos, LLC may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of this site. Any changes shall become part of the Agreement and shall apply as soon as such notice is posted. Your continuing use of this site after the notice is posted constitutes acceptance of those changes.

External Sites

This site contains links to other sites on the internet that are operated by parties other than Enspektos, LLC. Enspektos, LLC is not responsible for the content of such external sites, or for the availability of the site or its content.  If you have questions or concerns regarding the content or any of these external sites, you should contact the site administrator directly.

Headings, Severability

The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.

Operation, Refusal or Discontinuance of Site

Enspektos, LLC reserves the right in accordance with any and all applicable laws, to refuse or discontinue service to anyone for any reason at any time, including for non-compliance with these Terms of Service.

You acknowledge and agree that from time to time DigiHealth Informer, Digital Health Maven Pro or other products and services on this site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Enspektos, LLC may undertake from time to time; or (iii) causes beyond the control of Enspektos, LLC or which are not reasonably foreseeable by Enspektos, LLC.

This site may be unavailable at certain times, including during any unanticipated or unscheduled downtime or as a result of system failures or force majeure events.  If you have a current subscription, we will use commercially reasonable efforts to provide you with information regarding any such interruptions and the restoration of use of, and access to, the Platform following any interruption.

You acknowledge and agree that we obtain data for certain services available on this platform from third parties, and that such sources may become temporarily or permanently unavailable. We believe such sources and data to be reliable but we have not necessarily verified the accuracy or completeness of such third party data. We reserve the right to modify and update the Service from time to time, including the addition and removal of data elements and content provided in connection with products and services on this platform.

We may temporarily or permanently suspend your access to any portion or all of the site if we reasonably determines that: (a) there is a threat or attack on the site (including a denial of service attack) or other event that may create a risk to the site or users of the site; (b) your use of the site disrupts or poses a security risk to the site or any other user of the site, may harm our systems, or may subject us or any third party to liability; (c) you are using the site for fraudulent or illegal activities; (d) you are using the site in breach of these Terms (including, without limitation, using the data other than for internal purposes); (e) you have ceased to continue your business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.  If you are an affected subscriber, we will make commercially reasonable efforts, circumstances permitting, to provide written notice of any discontinuation of services to you.  We will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any service discontinuation. 

You hereby agree to notify us if you become aware that the site or any part thereof is being used for any illegal or unauthorized purpose. 

Entire Agreement

This Agreement constitutes the entire agreement between you and us relating to your access to and use of digital products and services on this site and supersedes any prior or contemporaneous written or oral agreements, communications or other understandings relating to the subject matter hereof (with the sole exception of any separate license agreements for DigiHealth Informer, Digital Health Maven Pro or other digital products and services on this site to which you are a party or beneficiary, which shall remain in full force and effect and which shall supplement the terms of this Agreement). This Agreement may not be modified, either expressly or by implication.

Choice of Law and Forum

This Agreement is governed by the laws of the State of New York of the United States of America.  Any dispute arising from this Agreement will be adjudicated in the federal or state courts of New York in which the editorial staff of this website primarily does business.

Our Address for Correspondence Related to These Terms of Service

Enspektos, LLC
7 Rieger Drive
Monroe, NY 10950
supportu@enspektos.com

This Terms of Service policy is effective as of March 7, 2017.

Please note that the terms of applicable express written agreements between you and Enspektos, LLC related to products and services on this site may supersede or compliment these online Terms.