Effective Date: August 1, 2021
These Terms and Conditions (“Agreement”) describe the terms and conditions on which the University of North Carolina at Chapel Hill (“UNC” or “We”) will offer you access to (a) the CMM Patient Care Process Self-Assessment, (b) the CMM Practice Management Assessment Tool, and (c) the MTP Documentation Tool software applications (the “Apps” or “Services”).
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF UNC AND UNC’S LICENSORS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, BECAUSE ACCESSING AND USING THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND TO THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS THE SERVICES.
BY DOWNLOADING, ACCESSING, OR USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE.
Services include the documentation of responses to the Comprehensive Medication Management (CMM) assessments, documentation of action plan steps, documentation of patient-specific medication therapy problems (MTPs) identified and resolved, documentation of de-identified patient-specific data, and generation of clinic-specific reports.
The Effective Date of this Agreement is set forth at the top of this page. As we add new features, we may revise or supplement this Agreement. We will provide you with advance notice of material revisions to this Agreement. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of this Agreement, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of our agreements, notices or statements about this Agreement.
Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with the features. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply.
Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the Services to which they relate. This Agreement and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail for the Services to which the Additional Terms apply.
The Services include the following:
UNC has invited you to have access to the Services. By agreeing to access the Services, you understand and are agreeing to the terms and conditions below.
By agreeing to access and utilize the Services, you understand and agree to the following:
You shall access and use the Services only as permitted by UNC and not for any unintended purpose. You agree that you will not (and you agree not to encourage or allow any third party to):
You can stop collection of information by any of the other Services by ceasing to use such Services.
Currently, the App may not be accessed by certain mobile devices including certain smart phones and tablets.
The Services are protected using commercially reasonable security measures. While such security reasonably protects your information and use of the Services, if you have concerns regarding the security of your information or the use of the Internet to communicate your personal or health information, you should consider not accessing and using the Services.
You understand that UNC takes no responsibility for and disclaims any and all liability or damages arising from you sharing or losing your Services Account or password.
If UNC has reason to believe that there is likely to be a breach of security or misuse of your App user account, your access and use of the App may be suspended or discontinued by UNC without prior notice.
UNC and its licensors retain full and complete title to all information and materials provided on or through or submitted to the Services, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “UNC Content”). All other trademarks not owned by UNC that appear in the Services are the property of their respective owners.
Except for content that is in the public domain or unless UNC provides you with written authorization to do so, you may not:
UNC DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES OR ENDORSES THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY.
UNC PROVIDES THE SERVICES, INCLUDING THE RELATED INFORMATION AND CONTENT (COLLECTIVELY, “INFORMATION”) FOR INFORMATIONAL PURPOSES ONLY. UNC DOES NOT PROVIDE ANY MEDICAL ADVICE PURSUANT TO THE SERVICES, AND THE INFORMATION SHOULD NOT BE SO CONSTRUED OR USED. USING AND ACCESSING THE SERVICES AND PROVIDING PERSONAL OR MEDICAL INFORMATION THROUGH THE APP ARE NOT INTENDED TO AND DO NOT REPLACE THE SERVICES, ADVICE, ANALYSIS, TREATMENT, OR JUDGEMENT OF A LICENSED, TRAINED HEALTHCARE PROVIDER NOR ARE THEY INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE OF A TRAINED HEALTHCARE PROVIDER. YOU SHOULD NOT RELY ON ANYTHING CONTAINED ON THE SERVICES, AND YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE PROVIDER IN ALL MATTERS RELATING TO YOUR HEALTH. YOU HEREBY AGREE THAT YOU SHALL NOT MAKE ANY HEALTH OR MEDICAL RELATED DECISION BASED IN WHOLE OR IN PART ON ACCESS OR USE OF THE SERVICES OR ANY INFORMATION PROVIDED FROM THE SERVICES.
WHILE UNC WILL ATTEMPT TO OFFER THE SERVICES WITHOUT INTERRUPTION, ACCESS IS PROVIDED ON AN "AS-IS, AS-AVAILABLE" BASIS. UNC DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SERVICES AT ANY PARTICULAR TIME. ADDITIONALLY, UNC CANNOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE. IF YOU HAVE REASON TO BELIEVE THAT YOUR INFORMATION IN THE SERVICES ARE NOT ACCURATE OR THAT THERE IS AN ERROR WITH THE SERVICES, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER. UNC RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICES AT ANY TIME WITHOUT CAUSE OR NOTICE.
YOU UNDERSTAND THAT UNC TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN THE SERVICES, COMMUNICATION LINES, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE SERVICES.
YOU FURTHER UNDERSTAND THAT UNC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES REGARDING TREATMENT OF MEDICAL CONDITIONS. UNDER NO CIRCUMSTANCES WILL UNC OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY OTHER PERSON, AS A RESULT OF YOUR USE OF THE SERVICES, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, UNC’S LICENSORS SHALL HAVE ANY LIABILITY WHATSOEVER ARISING FROM THE SERVICES, THE APP, OR THEIR FAILURE TO OPERATE.
PLEASE BE AWARE THAT THE SERVICES AND ALL ASSOCIATED SERVICES AND SYSTEMS ARE HOUSED ON SERVERS IN THE UNITED STATES. IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES, THE DATA IS PROCESSED AND STORED IN THE UNITED STATES, WHICH MAY NOT OFFER THE SAME LEVEL OF PRIVACY PROTECTION AS THE COUNTRY WHERE YOU RESIDE OR ARE A CITIZEN. BY USING THE SITE AND PROVIDING INFORMATION TO US, YOU CONSENT TO THE TRANSFER TO AND PROCESSING OF THE INFORMATION IN THE UNITED STATES.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNC AND ITS REPRESENTATIVES, AGENTS, AND ANY OF ITS TRUSTEES, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (“COVERED PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING ANY LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICES INTERRUPTIONS AND PROCUREMENT OF SUBSTANTIVE SERVICES, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES. YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST UNC ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, EVEN IF YOU KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO (I) THE USE OR INABILITY TO USE THE SERVICES OR (II) THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICES.
EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL UNC’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATION TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, THE SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED, IN THE AGGREGATE, ONE HUNDRED UNITED STATES DOLLARS ($100.00).
You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that UNC would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.
If you have a complaint about the Services, please contact UNC via email at firstname.lastname@example.org.
To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This Agreement is governed by and construed and enforced in accordance with the internal laws of the State of North Carolina, without giving effect to the principles of conflicts of laws of such state, and is binding upon the parties hereto in the United States and worldwide.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
If you are a resident of the US: Any dispute between you and UNC or UNC’s agents, employees, officers, trustees, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement and its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement is subject to the exclusive jurisdiction of the State or Federal courts located in Orange County, North Carolina, other than for actions to enforce any order or judgment entered by such courts.
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Services is:
The University of North Carolina at Chapel Hill
Campus Box 7574
2400 Kerr Hall | 301 Pharmacy Lane
Chapel Hill, NC 27599-7574
If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of “Office of University Counsel” at the above address.
You may terminate your Account at any time for any reason effective upon written notice to UNC. UNC reserves the right immediately to suspend or terminate your account and access to the Services without notice if UNC believes you violated this Agreement.
Termination will not limit any of UNC’s other rights or remedies. The sections titled Content, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, Mobile Applications, General Terms and any other provision that is intended to survive termination shall survive termination of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions
The Services contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of UNC, and UNC is not responsible for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by UNC of the Linked Services or any association with the operators of the Linked Services. UNC does not investigate, verify or monitor the Linked Services. UNC provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.
UNC’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and personal data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject UNC or its affiliates to any registration requirement within such jurisdiction or country.
If you have a question about the Services, please contact us via email at email@example.com.