Terms of Use & Terms of Service

ScribeConnect, LLC: Terms of Use and Terms of Service

ScribeConnect provides the Internet site and subdomains located at https://www.scribeconnect.com (the “Site”) and related services (the “Services”) subject to your compliance with the terms and conditions set forth below. Your continued use of the Site evidences your agreement to them, as well as to our Privacy Policy [https://www.scribeconnect.com/terms/]. Please read the following information carefully. If you have any questions related to this information, please contact us at legal@ScribeConnect.com.

By visiting the ScribeConnect Site and/or by submitting your information for the Services, or by participating in any transaction, you (hereinafter sometimes, the “User”) represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. In order to participate in certain ScribeConnect Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to ScribeConnect in which you choose to participate, those additional terms are hereby incorporated into this agreement. You must be 18 years or older to use the Services.

INTELLECTUAL PROPERTY

All text, graphics, and multimedia content available from the entry point URL https://www.ScribeConnect.com and pages within that domain (the “Site”) and all related code (including but not limited to HTML, other mark-up languages, and all scripts) within this site are the property of ScribeConnect and/or its affiliates, with the exception of certain URL and content (i.e., widgets) that has been provided by third parties and is labeled as such. All material on this Site is protected by copyrights that are owned or controlled by ScribeConnect or by other parties that have licensed their material to ScribeConnect (or posted to the Site pursuant to a user agreement with ScribeConnect). Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.

“ScribeConnect” and the “ScribeConnect” logo are trademarks and service marks of ScribeConnect, LLC.

LINKS/USE OF MATERIALS

Links to Other Sites: This site may contain links to web sites operated by third parties. ScribeConnect provides these links for your convenience only. We do not control such web sites and are not responsible for their contents. ScribeConnect’s inclusion of links to such web sites does not imply any endorsement of the materials on such web sites or any association with their owners or operators.

Links to ScribeConnect: ScribeConnect welcomes links to www.ScribeConnect.com. You may not, however, state or imply any sponsorship or endorsement of your site by ScribeConnect, unless you have received our written approval to do so. You may use ScribeConnect logo in order to create a link to ScribeConnect from your web site. This is a limited license to use the ScribeConnect logo solely for the purpose of creating such link. You may not vary the appearance of the logo, or any trademarks used in connection with the logo, in any way. You will replace or remove a logo that ScribeConnect determines is not an appropriate display or use of ScribeConnect marks. You may not use on your site any ScribeConnect trademarks, service marks, or copyrighted materials or frame or otherwise incorporate any portion of the ScribeConnect site into another web site.

Use of Other ScribeConnect Materials: In addition to the limited license to use the ScribeConnect logo, you may download our graphics and text for personal use, but you may not, under any circumstances, without ScribeConnect’s express written consent, use them for commercial purposes or public display (please see “Commercial Purposes Use” below). You are not permitted to download any other ScribeConnect material, including code or software, for any purposes whatsoever. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute the ScribeConnect materials in any way.

Commercial Purposes Use: Before you use any of the ScribeConnect materials for commercial purposes, you must receive ScribeConnect’s express written consent. In order to obtain that consent, please send an e-mail to legal@ScribeConnect.com with the following information: (a) your name, position, organization, address and telephone number; (b) the ScribeConnect content, text, or graphics you want to use; (c) where, how, and when you will be using the materials; (d) to whom the materials will be distributed, in what amount, and for what purpose; and (e) other information that will be included with the ScribeConnect material. We will send you an e-mail letting you know whether or not we grant permission for your use of the material. This decision will be made at ScribeConnect’s sole discretion.

If you do use ScribeConnect materials, you may not remove any copyright or proprietary notices from the materials and you must comply with any proprietary notice guidelines on this Site.

PAYMENTS AND FEES

Payments

To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, or any other payment method made available by ScribeConnect) (the “Payment Method”). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks, and payment processors to receive, store, and encrypt your payment information. You may switch to a different Payment Method or update your information by e-mailing billing@scribeconnect.com.  No refunds or credits will be provided by ScribeConnect, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately at billing@scribeconnect.com.

Payment processing services for Users on ScribeConnect are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a User on ScribeConnect, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of ScribeConnect enabling payment processing services through Stripe, you agree to provide ScribeConnect accurate and complete information about you and your business, and you authorize ScribeConnect to share it and transaction information related to your use of the payment processing services provided by Stripe.

Fees

In order to access certain functionality of the Site, in particular with regard to the ScribeConnect Business Plans offered for subscription, you may be required to pay subscription fees as stated on the Site at https://www.scribeconnect.com/healthcare-organizations/pricing/. Subscription fees, along with any required taxes, are payable on a yearly basis. All yearly subscription fees are payable in advance. You agree to pay all subscription fees, and other charges you incur in connection with your ScribeConnect account.  ScribeConnect reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

Subscription fees will be billed automatically at the start of your subscription plan and will auto-renew on a yearly basis until your subscription is terminated. You may cancel your subscription at any time, as described below. See “Cancellations and Refunds” below.

SUBSCRIPTION PLANS AND LICENSE

ScribeConnect offers 3 paid Business Plans (Business Basic, Business Premium, and Business Enterprise) which include an annual fee (full explanation of paid Business Plans, features and fees are located at https://www.scribeconnect.com/healthcare-organizations/pricing/).  ScribeConnect also offers a free Applicant Tracking System (ATS) and job board through its Business Starter plan.  Users of the Business Starter plan will be unable to add users or additional features. The Business Starter plan is for posting jobs, accepting applications, and tracking applicants only. 

One (1) user license is included with the purchase of a paid Business Plan. Businesses may choose to add additional users to their plan by purchasing additional user licenses.  Each additional user license is billed annually.  The billing date for each additional user is based upon when the account was created, so user license fees are prorated if purchased at a later date. 

CANCELLATIONS AND REFUNDS

If you signed up on ScribeConnect, you may cancel your subscription by navigating to “Manage Account>Billing>Cancel” or by emailing billing@scribeconnect.com.  The cancellation of a subscription will go into effect at the end of your current yearly billing cycle.  You can reinstate your subscription at any time without opening a new account. Reinstated accounts will be billed at the billable rate that is in effect for the selected plan at the time of reinstatement.

Cancelling Your Paid Business Plan Subscription

No refunds will be offered after the seventh (7th) calendar day following the start of your Business Plan subscription.  If you cancel your plan after the seventh (7th) calendar day following the start of your annual subscription, no refund will be given and you will maintain the same level of access to your account until the end of your annual subscription period.

User License Refunds and Transferability

No refunds are offered on additional purchased user licenses. Any user license may be reassigned to another user if: (1) User has not completed more than 10% of any course; AND (2) User license was not purchased more than seven (7) calendar days prior to request. The user license term length remains in effect from date of purchase. 

Subaccounts

No refunds are offered on subaccounts.  Business Enterprise clients may create subaccounts and may choose which Business Plan that subaccount is on. [All billable subaccounts receive a 10% annual discount. All user licenses on subaccounts are billed at $1200.00 per user per year.] Subaccounts may be created at any time and will therefore have their own annual billing period that begins on the date the subaccount was created. Accordingly, the annual billing period start date for a subaccount may be different from the annual billing period start date of the parent account.  Cancellation of any subaccount will be handled in the same way as explained above under “Cancelling Your Business Plan Subscription”.

Personal Membership Accounts and Refunds

Individuals on a free Membership account may purchase courses.  An individual user may request a refund of their purchased course if they have not yet completed 10% or more of that course.

All refund requests must be made via email to: billing@scribeconnect.com

TERMINATION OF SERVICE

We may terminate or suspend your access to the Site at any time, in our sole discretion, without cause and/or without notice. Upon termination, your right to use the Site stops immediately. ONCE THE SERVICES ARE CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON SCRIBECONNECT’S SYSTEMS MAY NOT BE RETRIEVED LATER.

SUBMISSIONS/USE OF SITE COMMUNICATION TOOLS

By inputting data on the site, you grant (or represent and warrant that the owner of such information grants) ScribeConnect a royalty-free, perpetual, non-exclusive, worldwide license to use, copy, modify, adapt, transmit, translate, create derivative works from or display any of the information and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such information. This site may contain user comments, blogs, polls, pictures, videos, bulletin boards, email, chat rooms, forums or other public posting areas (referred to hereafter collectively as the Site “Communication Tools”). While ScribeConnect may not monitor the message, information, files or data posted on the site or transmitted using the Communication Tools, it may edit, refuse to post or remove any information or materials, in whole or part, that in ScribeConnect’s sole discretion are objectionable, in violation of these Terms of Use, or for any other reason are not acceptable to ScribeConnect.

You agree not to use the Site or the Site Communication Tools: (1) in connection with chain letters, junk e-mail, junk phone messages, junk faxes, spamming, or any duplicative or unsolicited messages (commercial or otherwise); (2) to harvest or otherwise collect information about others, including e-mail addresses, without their consent; (3) to create a false identity or forged e-mail, telephone, or facsimile address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin messages; (4) to transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature; (5) to transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity; (6) to libel, defame or slander any person or entity, or infringe any person’s publicity or privacy rights; (7) to transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; (8) to violate any U.S. law regarding the transmission of technical data or software exported from the United States; (9) to interfere with or disrupt networks connected to the Site Communication Tools or violate the regulations, policies, or procedures of such networks; (10) to attempt to gain unauthorized access to the Site Communication Tools, other accounts, computer systems, or networks connected to the Site Communication Tools, through password mining or any other means; (11) to interfere with another person’s use and enjoyment of the Site Communication Tools or the Site or another entity’s use and enjoyment of similar services; (12) to solicit funds via the telephone utilizing computer automated voice; or (13) to engage in any other activity that ScribeConnect reasonably believes could subject it to criminal liability or civil penalty or judgment. You will defend and indemnify ScribeConnect and any of its suppliers, partners or affiliates for any loss or damage they may suffer as a result of your breach of this provision.

MODIFICATIONS TO TERMS AND CONDITIONS

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. What constitutes a “material change” shall be at the sole and exclusive discretion of ScribeConnect. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Use whenever you visit the ScribeConnect Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised Terms of Use. Should you have any questions regarding the use of our site, please contact us at: legal@ScribeConnect.com.

NO WARRANTIES / LIMITATION OF LIABILITY

ScribeConnect intends for the information contained on its Site to be accurate and reliable; however, errors sometimes may occur. In addition, ScribeConnect may make changes and improvements to the information provided herein at any time.

SCRIBECONNECT PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCRIBECONNECT, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “SCRIBECONNECT PARTY,” AND COLLECTIVELY, THE “SCRIBECONNECT PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE SCRIBECONNECT PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF CUSTOMER ABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL ANY SCRIBECONNECT PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SITE, EVEN IF SUCH SCRIBECONNECT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES PROVIDED THEREBY, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY SCRIBECONNECT PARTY WITH RESPECT TO THE SITE OR YOUR USE THEREOF, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. SCRIBECONNECT MAY CHANGE THE SITE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF THESE TERMS AND CONDITIONS, THE SCRIBECONNECT PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD-PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THESE TERMS AND CONDITIONS, SCRIBECONNECT IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, ScribeConnect, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions by you. ScribeConnect reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with ScribeConnect in asserting any available defenses.

APPLICABLE LAW/JURISDICTION

This site is created and controlled by ScribeConnect, LLC in the State of California, United States of America. ScribeConnect makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from another location, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent they are applicable. By accessing this site, you and ScribeConnect both agree the laws of the State of California, County of Riverside will govern all matters relating to this site, without giving effect to any principles of conflicts of laws.

DISPUTE RESOLUTION

Informal Dispute Resolution.  ScribeConnect wants to address your concerns without needing a formal legal case.  Before filing a claim against ScribeConnect, you agree to try to resolve the dispute informally by contacting legal@ScribeConnect.com.  Similarly, ScribeConnect will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a dispute is not resolved within 30 days after the email noting the dispute is sent, you or ScribeConnect may initiate an arbitration proceeding as described below.

By agreeing to these Terms, you and ScribeConnect each and both agree to resolve any disputes through final and binding arbitration as discussed herein, unless you agree to opt-out of this agreement to arbitrate as set forth below.

Opt-out of Agreement to Arbitrate.  You may decline this agreement to arbitrate by contacting legal@ScribeConnect.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.  By opting out of the agreement to arbitrate, you will not be precluded from using the Services, but you and ScribeConnect will not be permitted to invoke the mutual agreement to arbitrate to resolve disputes under the terms otherwise provided herein.

You and ScribeConnect agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought.  Those rules are available at www.adr.org.  Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules.  You and ScribeConnect further agree that the arbitration will be held in Riverside County, California, or, at your election, will be conducted telephonically or via other remote electronic means.  The AAA rules will govern payment of all arbitration fees.

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified, except in writing.

MISCELLANEOUS

If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the Agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

ScribeConnect may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. The failure of ScribeConnect to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision.




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