Terms and Conditions
Psalm Medical Terms and Conditions
The following are the terms and conditions (the "Terms") for the use of the Psalm Medical web site (the "Site"), Psalm Medical Services, Psalm Medical mobile application, and related material.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
With each visit to the Site you signify your agreement to these Terms. These Terms were last modified on September 21, 2021. Psalm Medical Material is defined as any intellectual property, documents, web pages, software, products, web links, mobile applications, email, information, or any other materials provided by or previously provided by Psalm Medical or the Site, including any portion thereof.
You agree that the Terms and Condition, combined with your act of using the Services, has the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms and Condition on the grounds that it was electronically transmitted or authorized.
If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or Psalm Medical Material.
Psalm Medical , LLC. ("Psalm Medical ") may revise and update these Terms and Conditions at any time. Your continued usage of the Psalm Medical website ("Psalm Medical Site," or the "Site,") will mean you accept those changes.
The Services is offered and available to users who are 16 years of age or older. By using the Services, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Services.
PLEASE BE AWARE THAT THESE TERMS INCLUDE LIMITATIONS ON THE LIABILITY OF PSALM MEDICAL AND OUR OBLIGATIONS RELATING TO THE SERVICES, CERTAIN CONDITIONS WITH RESPECT TO JURISDICTION, AND CERTAIN EXCLUSIONS OF PSALM MEDICAL’S RESPONSIBILITY.
The Site Does Not Provide Medical Advice
The contents of the Psalm Medical Site, such as text, graphics, images, and information obtained from Psalm Medical 's licensors, and other material contained on the Psalm Medical Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Psalm Medical Site.
The Services may contain health or medical related materials that are sexually explicit or extremely personal in nature. If you find these materials offensive, you may not want to use our Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Psalm Medical does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Psalm Medical , Psalm Medical employees, others appearing on the Site at the invitation of Psalm Medical , or other visitors to the Site is solely at your own risk.
Unless otherwise noted, all Contents on the Services, whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by Psalm Medical , and/or its parents, subsidiaries and affiliates or other parties that have licensed to or otherwise permitted their material to be used by Psalm Medical. The Services as a whole and their Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Services and its Contents are owned by Psalm Medical or used with permission. Psalm Medical disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.
The Contents of the Services, and the Services as a whole, are intended solely for personal, non-commercial use by the users of the Services and may not be used except as permitted in these Terms and Condition. You agree to use the Services only for lawful purposes and only for your own personal, non-commercial use.
You may share content from the Site with the use of the social media links (i.e. “Share:” “Pin It” and “Tweet”) provided on our Services. You may also share content from the Services via email through the use of our “Share” link. You may download or copy the Contents and other downloadable materials displayed on the Services for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading, sharing or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, download, copy, store, destroy, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Services, or any related software (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
Nothing contained on the Services grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Services without the prior written consent of Psalm Medical or the owner of such material. All rights not expressly granted herein by Psalm Medical to you are reserved by Psalm Medical and/or its licensors. Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.
The information presented on or through the Services is made available solely for general information purposes. We may update the content on this Services from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Psalm Medical is based in Spokane, Washington, in the United States of America. Psalm Medical makes no claims that Psalm Medical site, Services, and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Psalm Medical Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with Psalm Medical , or in any way relating to your use of the Psalm Medical Site, resides in the courts of the State of Washington and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Washington in connection with any such dispute including any claim involving Psalm Medical or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Psalm Medical has absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 16. We do not collect personally identifiable information from any person we actually know is a child under the age of 16.
USE OF MATERIALS
All materials posted on this website are protected by the copyright laws in the United States and in foreign countries. Psalm Medical authorizes you to view or download a single copy of the material on the Psalm Medical Site solely for your personal, non-commercial use. Any special rules for the use of certain software and other items accessible on the Psalm Medical Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
Title to the materials remains with Psalm Medical or its licensors. Any use of the materials not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Psalm Medical. All rights not expressly granted herein are reserved to Psalm Medical and its licensors. If you violate any of these Terms and Conditions, your permission to use the materials automatically terminates without refund (if purchased) and you must immediately destroy any copies you have made of any portion of the materials.
You are prohibited from violating or attempting to violate the security measures on the Services, including, without limitation:
- Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
- Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
- Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
- Sending unsolicited e-mail or commercial electronic messages, including promotions and/or advertising of products or services;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
- Hijacking all or any part of the Services content, deleting or changing any Services content, deploying pop-up messages or advertising, running or displaying this Services or any Services content in frames or through similar means on another website, or linking to the Services or any page within the Services, without our specific written permission.
LIABILITY OF PSALM MEDICAL AND ITS LICENSORS
The use of the Psalm Medical Site and the Content is at your own risk. When using the Psalm Medical Site and Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of Psalm Medical and its suppliers. Accordingly, Psalm Medical assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Psalm Medical Site or Services.
The Psalm Medical Site and the content are provided on an "as is" basis. PSALM MEDICAL , ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall Psalm Medical , its licensors, its suppliers, or any third parties mentioned on the Psalm Medical Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Psalm Medical Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Psalm Medical, its licensors, its suppliers, or any third parties mentioned on the Psalm Medical Site are advised of the possibility of such damages.
Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
The Site contains functionality (including blogs, message boards, user reviews, Facebook posts and forums, etc.) that allows users to upload content to the Site (collectively "Public Areas") and users may also upload content via our official brand presence on social media platforms and branded hashtags (including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, collectively "Social Media Platforms"). You agree that you will not upload or transmit any communications or content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. You agree to only post or upload media (like photos, videos or audio) on the Psalm Medical site or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person or party.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Psalm Medical on or by the Services or otherwise disclosed, submitted or offered in connection with your use of the Services (collectively, “Comments”) shall be and remain Psalm Medical’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Psalm Medical of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. Psalm Medical is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
If you make any such submission you agree that you will not send or transmit to Psalm Medical by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Psalm Medical by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to Psalm Medical by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Psalm Medical a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Psalm Medical may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to Psalm Medical by email. We try to answer every email in a timely manner, but are not always able to do so.
You further agree that the following additional actions shall constitute a material breach of these Terms and Conditions:
- Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws
- Posting advertisements or solicitations of business
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form)
- Posting chain letters or pyramid schemes
- Impersonating another person
- Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments
- Posting the same note more than once or "spamming"
- Allowing any other person or entity to use your identification for posting or viewing
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Site, or which, in the judgment of Psalm Medical , exposes Psalm Medical or any of its customers or suppliers to any liability or detriment of any type
Without limiting the generality of the foregoing, Psalm Medical shall have the right (but is not obligated) to:
- Remove or refuse to post any Comments for any reason in our sole discretion
- Edit or delete any communication(s) posted on the Psalm Medical Site, regardless of whether such communication(s) violate these standards
- Record the dialogue in public chat rooms
- Take any action with respect to any Comments that we deem necessary or appropriate in our sole discretion, including if we believe that such Comment violates the Terms and Condition , infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Psalm Medical .
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services, paid or unpaid, for any reason, including without limitation, any violation of these Terms and Conditions.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the fullest extent permitted by applicable law, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
You agree that you will not upload 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 this Web site.
ADVERTISEMENTS, SEARCHES, and LINKS TO OTHER SITES
Psalm Medical may provide links to third-party web sites. Psalm Medical also may select certain sites as priority responses to search terms you enter and Psalm Medical may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Psalm Medical does not recommend and does not endorse the content on any third-party websites. Psalm Medical is not responsible for the content of linked third-party sites, sites framed within the Psalm Medical Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Psalm Medical does not endorse any product, service, or treatment advertised on the Psalm Medical Site.
Psalm Medical has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Psalm Medical passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Psalm Medical account and password; (3) promptly inform Psalm Medical if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located at the bottom of every page of our site. You grant Psalm Medical and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Psalm Medical cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Psalm Medical tools and services.
Psalm Medical or its licensors have no liability or responsibility to users of the Psalm Medical Site or any other person or entity for performance or nonperformance of the aforementioned activities.
You agree to defend, indemnify, and hold Psalm Medical , its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
NOTICE and TAKEDOWN PROCEDURES; COPYRIGHT AGENT
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Psalm Medical at [email protected] and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, Psalm Medical maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Psalm Medical , in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms and Condition , and to impose new or additional terms and conditions on your use of the Services from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in these Terms and Conditions as “Additional Terms”) will be effective immediately and incorporated into these Terms and Conditions upon notice thereof, which may be given by any reasonable means, including by posting to the Services. Your continued viewing or use of the Services following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
YOUR PRIVACY RIGHTS
This Agreement is effective unless and until terminated by either you or Psalm Medical. You may terminate this Agreement at any time by discontinuing use of the Services (subject to the surviving terms set forth herein). Psalm Medical also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Services, if in Psalm Medical’s sole discretion you fail to comply with any term or provision of this Agreement.
Psalm Medical’s failure to enforce strict performance of any provision of these Terms and Conditions will not constitute a waiver of Psalm Medical’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Psalm Medical to exercise or take advantage of any right or remedy that Psalm Medical has or may have hereunder, operate as a waiver of any right or remedy.
Thank you for your cooperation. We hope you find the Psalm Medical site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by e-mail to [email protected]
Last Modified: Sept 24, 2021
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