Terms of Use

Your Account

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Pragmatic Practice, Inc (Pragmatic Practice) may change or remove any registered user it considers inappropriate or unlawful, or otherwise likely to cause Pragmatic Practice liability. You must immediately notify Pragmatic Practice of any unauthorized uses of your account or any other breaches of security. Pragmatic Practice will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Fees and Payment

Optional paid services are available on the Website. By selecting a paid service you agree to pay Pragmatic Practice the monthly subscription fees indicated for that service. Payments will be charged on the day you sign up for a paid service and will cover the use of that service for a monthly period as indicated. Paid service fees are not refundable but will be prorated upon upgrading plans.

Paid Services

Fees; Payment. By signing up for a premium account you agree to pay Pragmatic Practice the setup fees and monthly hosting fees indicated at http://pragmaticpractice.com in exchange for the services listed at http://pragmaticpractice.com. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Pragmatic Practice reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on 30 days written notice to Pragmatic Practice.

Responsibility of Website Visitors

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content containing technical inaccuracies, typographical mistakes, and other errors. Pragmatic Practice disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PragmaticPractice.com links, and that link to PragmaticPractice.com. Pragmatic Practice does not have any control over those non-PragmaticPractice.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-Pragmatic Practice website or webpage, Pragmatic Practice does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pragmatic Practice disclaims any responsibility for any harm resulting from your use of non-PragmaticPractice.com websites and webpages.

Copyright Infringement and DMCA Policy

As Pragmatic Practice asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PragmaticPractice.com violates your copyright, you are encouraged to notify Pragmatic Practice in accordance with Pragmatic Practice's Digital Millennium Copyright Act (DMCA) Policy. Pragmatic Practice will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Pragmatic Practice or others, Pragmatic Practice may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Pragmatic Practice will have no obligation to provide a refund of any amounts previously paid to Pragmatic Practice.

Disclaimer of Warranties

The Website is provided 'as is'. Pragmatic Practice and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pragmatic Practice nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

Certain visitors to Pragmatic Practice's websites choose to interact with Pragmatic Practice in ways that require Pragmatic Practice to gather personally-identifying information. The amount and type of information that Pragmatic Practice gathers depends on the nature of the interaction. For example, we ask visitors who sign up to PragmaticPractice.com to provide their names and other personal information necessary for insurance billing purposes. Those who engage in transactions with Pragmatic Practice by signing up for a pay plan are asked to provide additional information, including as necessary the personal and financial information required to process the monthly subscription transactions. In each case, Pragmatic Practice collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Pragmatic Practice. Pragmatic Practice does not disclose personally-identifying information other than as described and visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Pragmatic Practice Privacy Policy and HIPAA Business Associate Agreement, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Pragmatic Practice, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Pragmatic Practice and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pragmatic Practice, or by the posting by Pragmatic Practice of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Illinois, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the United State of America and the state of Illinois. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pragmatic Practice may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.