Archived: Terms of Service

By accessing our website, you agree to the terms described on this page, our Privacy Policy, and that you will obey all applicable laws. Your continued use of our website following the posting of any changes to these Terms of Use means that you accept those changes. In the event of any inconsistency between our Privacy Policy and our Terms of Use, the Terms of Use shall control. Your use of our mobile application will be governed by our End-User Terms of Service, not by these Terms of Use.

We may revise these Terms of Use from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms of Use every time you use our website because they are binding on you. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE, PLEASE DO NOT USE OUR WEBSITE.

We reserve the right, in our sole discretion, to terminate your access to all or part of our website, with or without telling you. Examples of activity that may lead to a termination of your use of our website include your violation of any of these Terms of Use.

Information provided through our website is not intended to be, and must not be taken to be, the practice of medicine or the practice of other healthcare services by us. Use of our website does not create a physician/patient or provider/patient relationship with us. We are not recommending or endorsing any specific prescription drug, healthcare provider or treatment option.

We retain all copyright and other exclusive rights in the contents of our website (the "Content"). Elements of the Content are protected by copyright, trade dress and other laws, and may not be copied or imitated in whole or in part. Nothing shall be understood to be granting you any license under any patent, trademark or copyright of ours or of any third party. Certain portions of our website may contain information supplied and updated by third parties, or include links to third-party sites. We are not responsible for, and make no guarantee as to the accuracy of, such information or sites. Even though the website may display certain third-party trademarks or brand names, that does not mean that we own or are connected with those third parties. Those third-party trademarks are used only to identify the products and services of their respective owners. Do not assume that we sponsor or endorse those brands, products or services. You are not permitted to use the trademarks displayed on our website without our prior written consent or the consent of the third party that may own the trademarks. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without our prior written permission. You may download or print a copy of any portion of the Content solely for your personal, noncommercial use, provided that you keep all copyright or other exclusive notices intact. You may not republish Content contained on our website or include the information in any other database or collection. Any other use of the Content is strictly prohibited.

Our website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on those websites, and those websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through our website does not imply approval or endorsement of the linked website by us. If you decide to leave our website and access these third-party websites, you do so at your own risk.

We, our affiliates and any of our directors, officers, employees or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or non-use of any contents of our website (or a website linked to our website), or any other cause, even if that cause involves negligence, or if we have been told of the likelihood of such damages occurring. The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages.

YOU UNDERSTAND AND AGREE THAT OUR WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT WE DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY OR RETENTION OF ANY PERSONAL INFORMATION. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

WE MAKE NO GUARANTEE THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (4) ANY ERRORS ON THE WEBSITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS DONE AT YOUR OWN CHOOSING AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU GET FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT CLEARLY STATED IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

By accepting these Terms of Use, you agree to indemnify and otherwise hold us and our officers, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners harmless from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of our website.

Any controversy or claim between you and us, or arising out of these Terms of Use or any use of our website shall be determined by one disinterested arbitrator in binding arbitration according to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the "AAA"). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If you and OneRecord fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted according to the AAA's Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is formed, then the AAA shall appoint one disinterested arbitrator to immediately hear and decide the request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in New York, New York. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.

BY ENTERING INTO THESE TERMS OF USE, YOU ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASSWIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

By accessing our website, you agree that all matters relating to your access to, or use of, our website shall be determined by the statutes and laws of the State of New York, without regard to its conflicts-of-laws principles. You also agree and submit to the exclusive personal jurisdiction and venue of the courts of the State of New York with respect to such matters. We make no representation that materials contained on our website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access our website from other locations do so by their own choice, and are responsible for obeying local laws.

We may give notice to you under these Terms of Use by means of email, a general notice posted on our website, or by written letter delivered by first-class U.S. mail to the address that you have provided to us. You may give notice to, or submit comments, questions or complaints to, us at any time via email or by letter delivered by first-class, postage-prepaid U.S. mail or overnight courier to the following address:

OneRecord, LLC. Attn: Terms of Use 599 Lexington Ave, New York, NY 10022 Email: support@onerecord.com Telephone: (800) 440-6598

The provisions of these Terms of Use titled "Limitation of Liability," "Disclaimer of Warranties," "Indemnification," "Jurisdiction" and "General Provisions" will survive the termination of these Terms of Use.

Except as provided in a particular "Legal Notice" on our website, these Terms of Use, along with our Privacy Policy, make up the entire agreement and understanding between you and us with respect to use of our website, replacing all prior or contemporaneous communications with us. These Terms of Use are severable, and, in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of our website to the same extent and subject to the same conditions as other business documents and records originally made and kept in printed form. The section titles of these Terms of Use are displayed for convenience only and have no legal effect. Nothing in these Terms of Use shall be deemed to give any third-party rights or benefits.