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LAST UPDATED: January 10, 2019

ICORECONNECT TERMS AND CONDITIONS

As part of your purchase of, license of, installation of, account creation of, accessing of or visitation to our software, websites, services or products (collectively referred to herein after as “Service” or “Services”), you agree to be bound by the terms and conditions (collectively the Terms) contained herein which forms a contract (the “Agreement”) between you and iCoreConnect, Inc., its subsidiaries, affiliates or assigns (collectively referred to herein as “Company,” “iCoreConnect,” “we,” “us,” or “our”) that governs your access and use of Company’s Services, as well as Company’s Privacy Policy, End User License Agreement and any other legal notices, conditions or guidelines provided by Company or posted on its websites, including without limitation https://www.icoreconnect.com/terms (“Related Agreements”).

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to Company that you have the authority to bind that organization to this Agreement and these Terms (in which event, “you” and “your” will refer to that organization). You may use the Services only in compliance with these Terms and only if you have the power to form a contract with Company and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES.  If you do not have authority, or if you do not accept the Terms, then you must not  use the Services.  Should you have any questions concerning this Agreement, please contact support@iCoreConnect.com.  

1.     CHANGES TO THE TERMS

a)     We reserve the right to revise the Terms from time to time, at which time we will date and post the most current version of these Terms on the website iCoreConnect.com. Any changes will be effective on the Service upon posting the revised version of these Terms (or such later effective date as may be indicated in the revised Terms).

b)     The Terms may be supplemented for specific Services, on which we display or post a link to the Agreement.  If there is a conflict between this Agreement and supplemental items to a Service, the supplemental terms will control.

c)     Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you don't agree to any of the changes, we're not obligated to keep providing the Service, and you must cancel and stop using the Service. Your disagreement does not eliminate any previous financial commitments you have made to Company.

 

2.     ACCESS TO SERVICES/LICENSE

a)     You may use the Service, on a non-exclusive basis, solely in strict compliance with these Terms and all applicable laws.  Company hereby grants you, during the Term of this Agreement, a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the Terms of this Agreement.  All rights not expressly granted to you are reserved by Company and its third-party licensors or suppliers (collectively, the “Licensors”).  In addition to the other restrictions contained herein, you agree not to license, sublicense, sell, resell, transfer, assign, distribute or make any commercial exploitation of the Service, not to make the Service available to any third parties, or do the same with any content that is provided by, or generated in connection with, the Service (collectively the “Content”).  

b)     Unless otherwise agreed by Company, this Agreement, and the license granted herein, will be in force beginning on the start date of your use of the Service and will continue until you cancel the Service as outlined herein or in accordance with Company’s cancellation policy (the “Term”).

 

3.     YOUR ACCOUNT

a)     To obtain access to certain Services, you may be required to obtain an account with Company (become a “Registered User”), by completing a registration form and designating a user ID and password. When registering with Company you must:

                i.         provide true, accurate, current and complete information about yourself as requested by the Service's registration form (such information being the “Registration Data”) and

               ii.         maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Company may withdraw such approval at any time in its sole discretion, with or without cause.

b)     Only you may use your Company account. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for such use. You must contact us right away if you suspect misuse of your account or any security breach in the Service. You are responsible for all activities that take place with your account. Company will not be liable for any loss or damage arising from any unauthorized use of your accounts.

c)     If a third party such as an employer provided your account to you, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content in your account. If you are an individual Registered User of the Service, and the domain of the primary email address associated with your account is owned by an organization and was assigned to you as an employee, contractor or member of such organization, and that organization wishes to establish a commercial relationship with us and add your account to such relationship, then, if you do not change the email address associated with your account, your account may become subject to the commercial relationship between Company and such organization and controlled by such organization.

d)     If your Registration Data is backed by a third-party email hosting, social media service, or other, Company cannot be responsible for any associated login/logout or other abnormalities of your native third party service that Company cannot control.  You are exclusively responsible for controlling access to your account and agree to actively log out of the account or control access to any device accessing the account when you leave such a device unattended for any length of time.

 

4.     CONSENT COMMUNICATION AND SERVICES

a)     By registering with Company, you understand that we may send you communications or data regarding the Services.

b)     In connection with the provision of technical support, training and other Services, you agree that Company may remotely log in to your computers, devices and systems for purposes of providing the support, training or other Services, including, without limitation, technical troubleshooting, answering questions, benchmarking, providing training to you or your personnel, and maintaining our Services. You agree to provide reasonable access to your computer and data systems to fulfill the commitments of this Agreement.

c)     You agree that Company may automatically check the version of a Service that you are utilizing and may provide updates or upgrades remotely via the Internet. You consent to the receipt of updates or upgrades by means of download to your systems.

d)     You must add Company or its third-party affiliate to the “allowed” list of programs and ensure that your firewall and anti-virus software programs do not block us. Additionally, if the Service you utilize makes use of access to any software, service or product you purchase from a third party to allow partial or full functionality of our Services, then you agree to make such software, service or product available to our Services in order to receive partial or full functionality of our Services. It is your responsibility to contact Company if you are upgrading or changing your computer systems in a manner that may affect the functionality or delivery of our Services.

e)     The Service may require you to give Company access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to Company or give Company access to these third-party accounts, you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give Company such access, login information and passwords.

f)      You may reach out to Company with any problems or issues with the Services, and Company will respond to all requests and inquiries in a commercially reasonable timeframe.

 

5.     CUSTOMER DATA AND OWNERSHIP OF INTELLECTUAL PROPERTY

a)     As between Company and you, Company or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. You acknowledge and agree that except for the license granted pursuant to this Agreement, Company, or its assigns, retain all right, ownership, title and interest, including all associated intellectual property rights, in and to the Company technology, the Content along with the Service and any suggestions, ideas, enhancement requests, feedback, recommendations (collectively, “Feedback”) or other information provided by you or any other party relating to the Service.

b)     You, not Company, have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all data you enter into the Service or the Company enters into the Service on your behalf (collectively “Customer Data”), and, except as provided in this Agreement or as required by law, Company shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data, or for the improper or erroneous upload or extraction of any Customer Data. Company reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment for Services.

c)     You represent and warrant that:

                i.         you have all the rights in the Customer Data necessary for you to use the Service and to grant the rights in this Section; and,

               ii.         the storage, use or transmission of the Customer Data does not violate any law or these Terms.

d)     You will maintain appropriate security, protection and backup copies of the Customer Data, which may include, your use of additional encryption technology to protect the Customer Data from unauthorized access. Unless otherwise specified in Section 24, Company will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Customer Data.

e)     You must immediately notify Company in writing of any unauthorized use of any Content, any Account or the Service that comes to your attention. In the event of any such unauthorized use by any third party that obtained access through you, you will take all steps necessary to terminate such unauthorized use. You will provide Company with such cooperation and assistance related to any such unauthorized use as Company may reasonably request.

 

6.     SUSPENSION AND TERMINATION OF CUSTOMER'S USE OF THE SERVICE  

a)     We reserve the right, to temporarily suspend or terminate your access to the Service at any time in our sole discretion, in the event that any of the following apply: (i) the actual or suspected violation by you of these Terms; (ii) you use the Services in a manner that may cause Company to have legal liability or disrupt others' use of the Services; (iii) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (iv) scheduled downtime and recurring downtime; (v) any breach of your payment obligations; or (vi) unplanned technical problems and outages.

b)     If, in Company's determination, the suspension might be indefinite and/or Company has elected to terminate your access to the Service, Company will notify you through the Service and/or the email provided during your registration. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Content that is stored with the Service.

c)     If you cancel or terminate the Service, Company has no obligation to refund any pre-paid fees or return any User Content.  The disclaimers and limitation of liability set forth in the Terms shall survive termination. 

 

7.     ACCEPTABLE USE 

a)     You must not use the Service to harm others or the Service. You promise that you will not and will not encourage or assist any third party to:

                         i.         modify, alter, tamper with, repair or otherwise create derivative works of any Services;

                        ii.         reverse engineer, disassemble or decompile the Service used to provide or access the Service, including the Service, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;

                       iii.         use the Service in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, any User Guides or any other policy, instruction or terms applicable to the Service that are available on the Service (collectively the “Policies”);

                      iv.         access or attempt to access Company's other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;

                       v.         cause, in Company's sole discretion, inordinate burden on the Service or Company's system resources or capacity;

                      vi.         share passwords or other access information or devices or otherwise authorize any third party to access or use the Service; or

                     vii.         copy any of the ideas, features, graphics, or core functions of the Service.  

a)     Company reserves the right, in its sole discretion, to deactivate, change and/or require you to change your Company user ID and any custom URLs, custom links, or custom domains you may obtain through the Services for any reason or for no reason. Company may exercise such right at any time, with or without prior notice. We will not assume or have any liability for any action or inaction with respect to any Customer Data.

 

8.     UPDATES TO THE SERVICE

Company reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

 

9.     THIRD-PARTY SERVICES AND CONTENT

All transactions using Company's services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third-party content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole; you acknowledge that we are not responsible for such content or services. We may also provide some content to you as part of the Services. However, Company is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third-party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content.

 

10.  PRIVACY

In order to operate and provide the Service, we collect certain information about you. We use and protect that information as described in the privacy policy located at iCoreConnect.com (the “Privacy Policy”).

 

11.  NO WARRANTY  

a)     THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS EXPLICITLY SET FORTH ABOVE, COMPANY IS NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICE, CONTENT OR TECHNOLOGY, AND COMPANY AND ITS LICENSORS, DISTRIBUTORS, PARTNERS AND AFFILIATES (COLLECTIVELY, THE “AFFILIATES”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICE, CONTENT AND TECHNOLOGY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, COMPANY, ITS PARENT, ANY THIRD PARTIES ACTING ON ITS BEHALF, AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE SERVICE, OR FOR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND COMPANY'S OR ITS PARENT, ANY THIRD PARTIES ACTING ON ITS BEHALF, OR ITS AFFILIATES’ CONTROL.

b)     WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITES AND SERVICES OR IN CONTENT).

c)     In the event that the jurisdiction where the Services are received by you does not allow the exclusion of implied warranties or the limitation of liability for damages, Company’s liability will be limited to the greatest extent permitted by the applicable law in that jurisdiction, keeping in mind the restrictions outlined herein.

 

12.  INDEMNIFICATION

To the extent permitted by law, you will defend and hold harmless Company, including its parents, subsidiaries, affiliates, officers, directors, agents, employees, contractors, licensors, and other partners, from and against any claim, demand, judgment, liability, costs, expense (including attorney fees and costs), cost, loss, damage, or other liability arising from any third-party demand or claim arising out of your breach or alleged breach of this Agreement, any of the documents referenced herein, or your violation of any applicable law, rule, or regulation.

 

13.  LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, UNFORESEEABLE, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT); (ii) COSTS OF PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES; (iii) ANY LOSS OF DATA OR OTHER CONTENT RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES, SECURITY BREACHES TO, SERVICE INTERRUPTIONS TO, OR ERRORS OR OMISSIONS RESPECTING THE SERVICE OR COMPANY’S OPERATIONS.  THIS LIMITATION APPLIES TO DAMAGES HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN AMOUNT EQUAL THREE MONTHS OF YOUR SERVICE FEE FOR THE SERVICE OR FIVE DOLLARS ($5.00). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

 

14.  FORCE MAJEURE

Company shall not be liable for any delay or failure due to any cause beyond its control, including, without limitation, restrictions of law, regulations or other government directives, acts of God, acts of third-party vendors, or mechanical or electrical breakdowns.

 

15.  CONTRACTING PARTY; GOVERNING LAW; VENUE & JURISDICTION

You are contracting with iCoreConnect with an address at 13506 Summerport Village Pkwy, #160, Windermere FL 3786. The laws of the State of Florida, U.S.A. govern the interpretation of these Terms and apply to claims for breach of these Terms, regardless of conflict of laws principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state courts located in Orange County, Florida, USA, for all disputes arising out of or relating to the Services, the Terms and this Agreement.

 

16.  NOTICES

We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you registered for the Service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. You may provide legal notice to us via email to support@iCoreConnect.com, with a duplicate copy sent via registered mail, return receipt requested, to the address provided in the section above addressed to “iCoreConnect, Attn: Legal.”

 

17.  BILLING, CANCELLATION AND REFUNDS

a)     The fees applicable for the Service (the Fees) are available in Company's then-current published price list provided to you. The price stated for the Service excludes all taxes and charges, unless stated otherwise. You're responsible for any taxes and for all other charges (for example, data charges and currency exchange settlements). Company reserves the right to change the quoted currency at any time.

b)     You must be authorized to use the payment method that you enter when you create a billing account. You authorize us to charge you for the Service using your payment method for any paid feature of the Service that you choose to sign up for or use while these Terms are in effect. We may bill: (i) in advance; (ii) at the time of purchase; (iii) shortly after purchase; or (iv) on a recurring basis for subscription Services. Also, we may bill you simultaneously for more than one of your prior billing periods.

c)     You must keep all information in your billing account current.  You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel that Service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request or any financial commitments you previously made, including without limitation, a minimum number of required periodic payments (such as a monthly or annual commitment). Unless otherwise specifically stated in your transaction documents, all Services require annual commitments that are billed monthly and your renewal date is the anniversary of your initial date of purchase.

d)     You may cancel your Service by written communication to the address contained herein if received in our office more than 30 days prior to the anniversary of your commitment period.

e)     If Company does not receive payment on the due date, Company reserves the right to freeze user's account until Company has processed all outstanding payments. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of ninety (90) days, user's account will be deactivated and all data will no longer be retrievable.

f)      Unless we notify you otherwise, if you're participating in any trial or free period offer, you must cancel the Service by the end of the trial period to avoid incurring new charges. If you do not cancel your Service and we have told you the Service will convert to a paid subscription at the end of the trial or free period, you authorize us to charge your payment method for the Service.

g)     Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed.

 

18.  ELECTRONIC CONTRACTING

Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

 

19.  MISCELLANEOUS

a)     These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.

b)     We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service.

c)     We believe we will be able to resolve most disputes or issues you may have using our sites and services. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you agree to the following resolution process.  If we are unable to mutually agree upon a resolution after a 60-day period, you agree that any claim you may have against us regarding these Terms or our Services will be resolved through binding arbitration.  We prefer to resolve our issues with you directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.

 

20.  HIPAA COMPLIANCE

a)     Many of our Services may be used by customers involved in the possession, use or transport of Protected Health Information (“PHI”) as defined by the provisions of the Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder, including the Privacy Rule and Security, as amended (“HIPAA”). If your use of our Services includes any use addressed by HIPAA, you agree to follow and abide to the following standards (all undefined terms in Sections 18 and 19 have their meaning defined by the HIPAA regulations):

                         i.         You will ensure that your use of the Services complies with applicable law, including but not limited to laws relating to maintenance of privacy, security, and confidentiality of patient and other protected health information.

                        ii.         You agree to implement and maintain appropriate administrative, physical and technical safeguards to protect information within the Services. Such safeguards must comply with federal, state, and local requirements, including the Privacy Rule and the Security Rule.

                       iii.         You will maintain appropriate security with regard to all personnel, systems, and administrative processes used by you or members of your workforce to transmit, store and process electronic protected health information through the use of the Services.

                      iv.         By using the Service, you consent to the terms of the Business Associate Agreement set forth by Company and you agree to protect any information received through such communication services in accordance with the terms of such business associate agreement.

                       v.         Company applies the standards of the Privacy Rule in permitting access to the Service.

                      vi.         You acknowledge that other federal and state laws impose additional restrictions on the use and disclosure of certain types of health information, or health information pertaining to certain classes of individuals.

                     vii.         You agree that you are solely responsible for ensuring that PHI is subject to the restrictions of the Privacy Rule and applicable law. In particular, you will:

                    viii.         not make available to other users through the Service any information in violation of any restriction on use or disclosure (whether arising from your agreement with such users or under law);

                      ix.         obtain all necessary consents, authorizations or releases from individuals required for making their personal health information available to Company; and

                       x.         include such statements (if any) in your notice of privacy practices as may be required.

b)     Company is committed to maintaining the confidentiality of information entrusted to us, especially individually identifiable personal and health information. Company follows its HIPAA policies and procedures. You are responsible for determining if the Service meets your compliance standards.

 

21.  USE OF PHI

Some customers of Company engage, possess or otherwise interact with PHI.  In such cases, the Service may include use of your patients’ PHI that you or your personnel input or upload onto the Service or that Company receives on your behalf from your authorized service providers or our third-party partners (“Your Health Information”). You retain all rights with regard to Your Health Information, and Company will only use such information as expressly permitted in this Agreement and our Business Associate Agreement. You authorize Company, as your business associate, to use and disclose Your Health Information as follows:

a)     Company will permit access to Your Health Information by business associates to whom you have consented to provide access to the Services and who have otherwise agreed to integrate with our systems pursuant to appropriate assurances. You acknowledge that once Company has granted access rights to another provider or covered entity (or their respective business associates), Company has no control over the uses and disclosures that the business associate makes of Your Health Information, and the recipient may be subject to its own legal or regulatory obligations (including HIPAA) to retain such information and make such information available to patients, governmental authorities and others as required by applicable law or regulation.

b)     Company may “De-Identify” (means health information that has been de-identified in accordance with the provisions of the Privacy Rule) Your Health Information and use and disclose de-identified information.

c)     Company may create limited data sets from Your Health Information, and disclose them for any purpose for which you may disclose a limited data set; and you hereby authorize Company to enter into data use agreements on your behalf for the use of limited data sets, in accordance with applicable law and regulation.

d)     Company may use Your Health Information in order to prepare analyses and reports. Preparation of such analyses and reports may include the use of data aggregation services relating to your treatment and health care operations, which Company may perform using Your Health Information. Such reporting will be done in a manner that does not make any disclosure of Your Health Information that you would not be permitted to make.

e)     Company may use Your Health Information for the proper management and administration of the Service and our business, and also as required to carry out its legal responsibilities.  Company may also disclose Your Health Information for such purposes if the disclosure is required by law. Without limiting the foregoing, Company may permit access to the system by our contracted system developers under appropriate confidentiality agreements.

f)      From time to time Company may incorporate information it receives from your authorized service providers; (including any third-party product or services) or our third-party partners into the Service provided to you. Such information may include, without limitation, clinical information such as lab results, imaging results, eligibility information, and prescription history; and shall, upon incorporation into the Service, be treated as “Your Health Information” for all purposes hereunder. You hereby authorize Company to request and receive such information on your behalf from such authorized service providers or Company’s third-party partners.

g)     You are solely responsible for affording individuals their rights with respect to relevant portions of Your Health Information, such as the rights of access and amendment. You will not undertake to afford an individual any rights with respect to any information in the Service other than Your Health Information.

 

22.  DE-IDENTIFIED INFORMATION

In consideration of Company’s provision of the Service, you hereby transfer and assign to Company all right, title and interest in and to all De-Identified Information that Company makes from Your Health Information as outlined herein. You agree that Company may use, disclose, market, license and sell such De-Identified Information for any purpose without restriction, and that you have no interest in such information, or in the proceeds of any sale, use, license, or other commercialization thereof.

 

23.  BUSINESS ASSOCIATE AGREEMENT

Customers required by law to do so must enter into a separate Business Associate Agreement by and between Company and you before entering into the Agreement for the Service.

 

24.  CERTAIN SPECIFIC DISCLAIMERS & TERMS

As noted above, the use of certain of our Services also have supplemental terms based on the subject matter and content of the specific services, including without limitation those set forth in the link referenced in this paragraph. You can find the supplemental terms governing specific sites and services at https://www.icoreconnect.com/specific-terms.

 

25.  INTELLECTUAL PROPERTY NOTICES

a)     All contents of the Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are: Copyright © iCoreConnect, and/or the proprietary property of its suppliers, affiliates, or licensors. All Rights Reserved.

b)     iCoreConnect and the iCoreConnect logo are including without limitation, either trademarks, service marks or registered trademarks of iCoreConnect, Inc., and may not be copied, imitated, or used, in whole or in part, without Company's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

c)     Company may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that is part of the Service. Unless we have granted you licenses to our intellectual property in these Terms, our providing you with the Service does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

 

PUB. NO. 1000.085.012019



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