TERMS OF USE

Acceptance of Terms of Use: By accessing and using this Web site you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Web site and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Web site. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Web site, then you should NOT use the part of the Web site which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.

These Terms of Use may be amended by DrScribe at any time. Such amended Terms of Use shall be effective upon posting on this Web site. Please check the Terms of Use published on this Web site regularly to ensure that you are aware of all terms governing your use of this Web site. Other DrScribe Web sites may have their own terms of use which apply to such Web sites. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Web site (the “Content”) or transactions concluded through this Web site. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.

DrScribe reserves the right to make changes or updates with respect to or in the Content of the Web site or the format thereof at any time without notice. DrScribe reserves the right to terminate or restrict access to the Web site for any reason whatsoever at its sole discretion.

Although care has been taken to ensure the accuracy of the information on this Web site, DrScribe assumes no responsibility therefore. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” DRSCRIBE HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS Web site OR THE CONTENT. DRSCRIBE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS Web site. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. DRSCRIBE DOES NOT WARRANT THAT THE Web site OR THE SERVERS WHICH MAKE THIS Web site AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY DRSCRIBE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.

IN NO EVENT SHALL DRSCRIBE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS Web site OR THE CONTENT, EVEN IF DRSCRIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST DRSCRIBE PERTAINING TO OR IN CONNECTION WITH THIS Web site MUST BE COMMENCED AND NOTIFIED TO DRSCRIBE IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

This Web site may provide links to other Web sites that are not under the control of DrScribe. DrScribe shall not be responsible in any way for the content of such other Web sites. DrScribe provides such links only as a convenience to the user of this Web site, and the inclusion of any link to any such Web sites does not imply endorsement by DrScribe of the content of such Web sites.

Copyright and all other proprietary rights in the Content (including but not limited to software, audio, video, text and photographs) rests with DrScribe or its licensors. All rights in the Content not expressly granted herein are reserved. Except as otherwise provided, the Content published on this Web site may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation, distribution, reproduction, modification, display or transmission without the prior written consent of DrScribe is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of DrScribe, Inc. or any other party. DrScribe, Inc. expressly reserves all intellectual property rights it may possess in products, processes or technology which appear on DrScribe web sites.

Any material or information sent through or in connection with this Web site by you (“User Materials”) will be treated as non-confidential and non-proprietary, and immediately become the property of DrScribe, subject to any privacy policies posted on this Web site. DrScribe may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.

The Web site may contain references to specific DrScribe products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local DrScribe business contact for further information.

Software made available for downloading from or through this Web site is licensed subject to the terms of the applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. DRSCRIBE HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

‘Safe Harbor’ Statement under the Private Securities Litigation Reform Act of 1995: The information on this Web site may contain certain projections or forward-looking statements with respect to the financial condition, results of operations and business of DrScribe or any of its affiliates and certain of the plans and objectives of DrScribe with respect to these items. By their nature, projections and forward-looking statements involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the future. There are a number of factors that could cause actual results and developments to differ materially from those expressed or implied by these projections or forward-looking statements.

Unless other pricing terms have been agreed upon in writing, the rates for this service, following an initial 25 dictations (if you are a new physician), shall be $0.11 USD per 24-hour Turn Around Time per line and $0.13 USD per line for STAT transcriptions with unlimited transcript faxing included. 65-characters per line shall be used to calculate line counts using the Microsoft Word line count API. If you have made other pricing arrangements with DrScribe in writing, they will be reflected on your monthly invoice. Payments for invoices are expected to be paid upon receipt. Resolution of billing disputes: Within 30 days of the bill date of a disputed bill, we must receive from you an itemized statement in writing, which identifies the disputed charges and reasonably explains the basis of the dispute. Failure to comply with this requirement shall mean the bill is deemed to be correct and all amounts are due and payable to us. Invoices paid after 30-days of receipt shall be subject to 1.5% interest per month until all outstanding invoices have been paid in full. Customer shall provide 30-days prior written notice to terminate usage of transcription service. Failure to provide a written termination shall result in a financial penalty equivalent to prior month’s invoice. Any fees incurred by DrScribe during the legal or collections process in attempts to collect payments from customer shall be the responsibility of the customer. The substantive law of Florida shall govern this Agreement and the parties' rights and obligations hereunder. Client shall be entitled to injunctive relief as well as damages for any violation by DrScribe of this Agreement and jurisdiction and venue is proper in and proceeding to enforce rights hereunder filed in any court located in Palm Beach County, Florida. Customers are billed via regular mail or e-mail with multiple billing cycles (weekly, bi-weekly, monthly). If you have any issues regarding your billing statement, they should be brought to our notice in writing by e-mail or fax within one week from the date of the invoice, after which the bill is treated as having been accepted by you.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of the State of Florida, United States, for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this Web site, provided that such exclusivity does not apply to legal actions initiated or brought by DrScribe.

Personal information provided or collected through or in connection with this Web site shall only be used in accordance with DrScribe’s Privacy Policy.

DrScribe is in the process of trademarking its name.

Microsoft and Windows are registered trademarks of Microsoft Corporation in the United States and other countries.