Terms of Service

Terms of Use of Website

Please read the following terms and conditions ("Terms of Use") carefully. By accessing or using this website, you agree to be bound by these Terms of Use, as may be modified by Orbit Healthcare, Inc. from time to time and posted on this website. Access and use of this website and its content is at your own risk. Neither Orbit Healthcare, Inc. nor any party involved in creating, producing or delivering this site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access, use or inability to use the website, or any errors or omissions in the content of the website.

1. Scope of these Terms of Use.

These Terms of Use are applicable to you and any other individual or entity on whose behalf you are accessing this Website (as defined below) and thereby accepting these terms (collectively, "you" or "User"), and Orbit Healthcare, Inc., its employees, affiliates and subsidiaries (collectively, "Orbit").

All Orbit sites, including but not limited to web pages at http://www.orbithc.com, http://www.orbitdx.com, http://www.orbitvault.com, http://www.practicesquire.com (the "Orbit Websites"), are Internet-based online information portal operated by Orbit, accessible worldwide, designed to provide general information about Orbit and its products and services.

User participation on Orbit Websites is voluntary. Your use of the Orbit Websites constitutes your acknowledgement and agreement to these Terms of Use. If you do not agree to accept these Terms of Use, or if you are not least 18 years of age, or if you do not possess the legal right and ability to enter into these Terms of Use, you may not access or use the Orbit Websites. Information posted or submitted to the Orbit Websites may be governed by Orbit's Privacy Policy.

2. Modification of these Terms of Use.

Orbit may revise the Terms of Use and Orbit's Privacy Policy at any time, without notice to you. The revised Terms of Use and Orbit's Privacy Policy will be effective when posted. You are responsible for regularly reviewing the Terms of Use and Orbit's Privacy Policy. Your continued use of the Orbit Websites indicates your acceptance to any revised Terms of Use and Orbit's Privacy Policy.

3. Personal and Non-commercial Use.

Unless otherwise specified, the Orbit Websites, including copied or downloaded information, software, solutions, products or services obtained from the Orbit Websites, are exclusively for: business use as it relates to your relationship to Orbit, and your personal and other non-commercial use. Unless expressly permitted by Orbit, you may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, solutions, products or services obtained from the Orbit Websites.

4. Unlawful or Prohibited Use.

As a condition of your use of the Orbit Websites, you warrant to Orbit that you will not use the Orbit Websites for any purpose that is unlawful or prohibited by these Terms of Use and notices. You warrant not to use the Orbit Websites in any manner which could damage, disable, modify or impair the Orbit Websites or interfere with any third party's use of the Orbit Websites.

5. Links to Third Party Sites.

Orbit may establish links between Orbit Website and one or more websites operated by third parties ("Linked Sites"). Even if the Linked Site contains the Orbit-logo or other Orbit trademark, service mark or trade name, Orbit has no control over the content on that Linked Site and is not responsible for any form of transmission sent or received from any Linked Site. The inclusion of any Linked Site does not imply endorsement by Orbit of the Linked Site or any association with its operators. Orbit makes no warranties or representations of any kind as to the accuracy, currency, completeness or effectiveness of any information or policies contained in such Linked Sites.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ORBIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND/OR ITS VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER FOR ANY USE OF THE LINKED SITES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF, OR DAMAGE TO, HARDWARE, PROGRAMS OR OTHER DATA, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Unsolicited Submissions.

Orbit does not wish to receive nor consider unsolicited ideas, including ideas for advertising or marketing, promotions, new, enhanced or improved solutions, products, technologies, processes, samples, demos or other works (collectively, "Ideas"). Orbit does not wish to receive confidential or proprietary information that is not covered by the Orbit's Privacy Policy, of any person or organization, from you through its Orbit Websites whether by post, upload, input or submission to the Orbit Websites or their associated services (collectively "Materials"). Ideas and Materials are collectively referred to as "Submissions."

Your Submissions and their contents will automatically become both the legal and equitable property of Orbit, without any compensation to you. Orbit may use or redistribute the Submissions and their contents for any purpose and in any way without limitation. Orbit shall not be held liable for any similarity in Orbit's software, solutions, products and/or services or marketing strategies, to Submissions submitted to Orbit. There is no obligation for Orbit to review the Submission or to keep any Submissions confidential.

Subject to the limitations of the Orbit's Privacy Policy, by posting, uploading or submitting your Submissions, you agree to grant Orbit a royalty free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, modify, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission (which includes the right to incorporate any portion thereof into any products or services offered by Orbit). You hereby agree to waive absolutely any and all intellectual property rights, including moral rights and any broadly equivalent rights arising from your Submissions in any territory of the world.

By posting, uploading or providing your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

7. Software Available on the Orbit Websites.

Any software that is made available for download from Orbit Websites is copyrighted work of Orbit and/or its suppliers ("Software"). Your use of the Software is governed by the terms of the business agreement or end user agreement, if any, which accompanies or is included with the Software ("License Agreement").

For any Software not accompanied by a License Agreement, Orbit hereby grants to you a personal, non-transferable license to use the Software for using in accordance with these Terms of Use, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. You shall not modify, alter, decompile, reverse engineer or otherwise change the Software. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties.

You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You may not export or re-export Software, directly or indirectly, to countries subject to U.S. export restrictions.

8. Liability Disclaimer.

Orbit Websites is not intended to provide instruction on the appropriate use of products or services, provided or under development by Orbit, its affiliates, related companies, vendors, agents, consultants or joint venture partners. The information, software, solutions, products, and services included in or available through the Orbit Websites may include inaccuracies or typographical errors, which Orbit is not obligated to update to rectify. Information received via the Orbit Websites should not be relied upon for personal, medical, legal, technical or financial decisions.

ORBIT MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ORBIT WEBSITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORBIT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SOLUTIONS, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ORBIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ORBIT WEBSITES, WITH THE DELAY OR INABILITY TO USE THE ORBIT WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ORBIT WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE ORBIT WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ORBIT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ORBIT WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ORBIT WEBSITES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF ORBIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED.

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer, exclusion or limitation of certain liabilities. to the extent that they are held to be legally invalid, the disclaimers, exclusions and limitations set forth herein, including this Section 8, do not apply and all other terms shall remain in full force and effect.

9. Intellectual Property Rights.

All contents of the Orbit Websites are: Copyright 2016. Orbit Healthcare, Inc., 77 Milltown Rd., Suite B8, East Brunswick, NJ 08816, USA. All rights reserved. The software and documentation are protected by copyright laws as well as international copyright treaties, no part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval system, without the express written permission of Orbit. The use or misuse of any trademarks, service marks, tradenames, copyrights, or other materials of Orbit (collectively "Intellectual Property"), except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, communications regulations and statutes, and other laws, statutes and/or regulations.

If you are a copyright owner, or are authorized to act on behalf of an owner of any exclusive right under copyright, and you believe that your work has been copied in a way that constitutes copyright infringement by Orbit, you may submit a notice of infringement to:

Attn: Legal Affairs
Orbit Healthcare, Inc.
77 Milltown Rd., Suite B8
East Brunswick, NJ 08816, USA
Email: sales@orbithc.com
Phone: 732-465-1411

10. Indemnification.

You agree to indemnify, defend and hold harmless Orbit, its officers, directors, employees, agents, information providers and suppliers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms of use or any activity related to your use of the Orbit Websites and any account you might have (including infringement of third parties' worldwide intellectual property rights, misappropriation of trade secrets or other proprietary rights or negligent or wrongful conduct).

11. Waiver, Release and Limitation of Liability.

You agree to indemnify, defend and hold harmless Orbit, its officers, directors, employees, agents, information providers and suppliers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms of use or any activity related to your use of the Orbit Websites and any account you might have (including infringement of third parties' worldwide intellectual property rights, misappropriation of trade secrets or other proprietary rights or negligent or wrongful conduct).

12. Term and Termination.

Either you or Orbit may terminate your right to use the Orbit Websites at any time, with or without cause or notice. In addition, Orbit may withdraw, suspend or discontinue any functionality or feature of the Orbit Websites; provided, however, that if your agreement with Orbit provides for the continued use of any functionality or feature, Orbit will continue to provide that respective functionality or feature to you subject to the provisions of such agreement. The provisions concerning Liability Disclaimer, Copyrights, Indemnification, Waiver, Release and Limitation of Liability, General, Notices and this Section shall survive any termination of these Terms of Use.

13. General.

These Terms of Use are governed by U.S. federal laws or the laws of the State of New Jersey. You hereby consent to the exclusive jurisdiction and venue of courts in Middlesex County, New Jersey. in all disputes arising out of or relating to the use of Orbit Websites. Any cause of action or claim you may have with respect to Orbit Website must be commenced within one (1) year after the claim or cause of action arises.

Orbit's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. In the event of any conflict between the terms of these Terms of Use and the terms of an executed agreement between Orbit and User, the terms of the dually executed agreement between Orbit and User shall have precedence.

Orbit may assign its rights and duties under these Terms of Use to any party at any time without notice to you. You agree that no joint venture, partnership, employment or agency relationship exists between you and Orbit as a result of these Terms of Use or use of the Orbit Websites.

14. Notices.

Orbit may deliver notice to you under these Terms of Use by means of electronic mail, general notice on the Orbit Websites, or by written communication delivered by first class U.S. mail to your address on record in Orbit's account information. You may give notice to Orbit at any time via electronic mail to sales@orbithc.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

Attn: Legal Affairs
Orbit Healthcare, Inc.
77 Milltown Rd., Suite B8
East Brunswick, NJ 08816, USA
Email: sales@orbithc.com
Phone: 732-465-1411