THIS AGREEMENT IS BETWEEN YOU AND ANY OTHER INDIVIDUAL OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively “You” or “User”) AND ENDOSOFT LLC, ITS AFFILIATES AND SUBSIDIARIES (collectively “EndoSoft”): All EndoSoft Web properties, including but not limited to http://www.EndoSoft.com http://www.Qlinical.com http://www.EndoVault.com http://argusml.com (the “EndoSoft Web Sites”), are Internet-based online information and communication services operated by EndoSoft.
EndoSoft Web Sites are accessible by Users worldwide. User participation on EndoSoft Web Sites is voluntary and any information, personal or otherwise, contributed to EndoSoft Web Sites is done so upon the User’s own initiative. Users may discontinue participation at any time.
Your participation in the Communication Services, including any personal web page or group identified as “private” or “secret” may be reviewed, edited, censored, removed or otherwise controlled by EndoSoft, although EndoSoft is under no legal obligation to you or any other person to do so, and shall not be responsible as author, editor or publisher (either directly or indirectly) for any information, ideas, data, materials or other content made available by you using the Communication Services. EndoSoft reserves the right to restrict and/or terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. EndoSoft has no obligation to monitor the Communication Services.
EndoSoft reserves complete and sole discretion with respect to the operation of the EndoSoft Web Sites. EndoSoft reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Always use caution when posting personally identifying information to the Communications Services. EndoSoft does not control or endorse the content, messages or information found in any Communication Service. To the extent permissible under applicable law, EndoSoft specifically disclaims any liability resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Notice and Takedown
You agree that: (1) your submissions and their contents will automatically become both the legal and equitable property of EndoSoft, without any compensation to you; (2) EndoSoft may use or redistribute the submissions and their contents for any purpose and in any way without limitation; (3) there is no obligation for EndoSoft to review the submission; (4) there is no obligation to keep any submissions confidential; and (5) you hereby agree to waive absolutely any and all moral rights arising from your submissions and their contents so far as is lawfully possible and any broadly equivalent rights you may have in respect of your submissions and their contents in any territory of the world.
No compensation will be paid with respect to the use of any Materials. EndoSoft is under no obligation to post or use any Materials you may provide and may remove any Materials at any time in EndoSoft’s sole discretion.
By posting, uploading, inputting, providing or submitting your Materials you warrant and represent that you own or otherwise control all of the rights to your Materials as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Materials.
When accessing secure areas on the EndoSoft Web Sites requiring authentication, you are responsible for the additional terms and conditions of any agreements between EndoSoft and you or your employer, client or other associate to the extent any agreements apply to you.
For any Software not accompanied by a License Agreement, EndoSoft hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the EndoSoft Web Sites in accordance with this Agreement, and for no other purpose provided that you keep intact all copyright and other proprietary notices. No other license is granted. You shall not modify, alter, decompile, reverse engineer or otherwise change Software, except to the extent as permitted by applicable law without the possibility of contractual waiver. All Software is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. 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 agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.
THE INFORMATION, SOFTWARE, SOLUTIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ENDOSOFT WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENDOSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ENDOSOFT WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE ENDOSOFT WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, TECHNICAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ENDOSOFT AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ENDOSOFT WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ENDOSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM 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.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF ENDOSOFT, 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 IN THIS AGREEMENT, INCLUDING THIS SECTION 12, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
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 EndoSoft or a user, you may submit a notice of infringement to the individual designated below.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to:.
Schenectady NY 12305
EndoSoft may, in appropriate circumstances, terminate an EndoSoft Web Site user if he or she is a repeat infringer. If you believe that an EndoSoft Web Site user is a repeat infringer, please follow the instructions above to contact EndoSoft’s designated agent and provide information sufficient for EndoSoft to verify that the user is a repeat infringer.
You agree that no joint venture, partnership, employment or agency relationship exists between you and EndoSoft as a result of this Agreement or use of the EndoSoft Web Sites. EndoSoft’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of EndoSoft’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EndoSoft Web Sites or information provided to or gathered by EndoSoft with respect to such use.
If any part of this Agreement is 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 this Agreement shall continue in effect.
Schenectady NY 12305
Attn: Online Marketing
Information EndoSoft publishes on the World Wide Web may contain references or cross references to EndoSoft solutions, programs and services that are not announced or available in your country. Such references do not imply that EndoSoft intends to announce such solutions, programs or services in your country. Consult your local EndoSoft business contact for information regarding the solutions, programs and services which may be available to you.
Send an email to: sales@EndoSoft.com
EndoSoft LLC, and its subsidiaries and affiliates (“EndoSoft”) are committed to protecting the privacy and security of their users. In addition, EndoSoft’s goal is to provide you with a personalized Internet experience and an Internet-based online information and communication service that delivers the information, resources and services that are most relevant and helpful to you. In order to achieve these goals, EndoSoft may collect information and process personal data during your visits to its web sites and, in particular, during your visits to www.endosoft.com, www.Qlinical.com, www.endovault.com www.argusml.com web site. EndoSoft operates under the following set of strict privacy principles:
Purpose of Data Collection and Data Processing
EndoSoft collects and uses your personal data and the information you provide for purposes connected with managing its Web sites services, particularly at www.endosoft.com, www.Qlinical.com, www.endovault.com www.argusml.com, its internet-based online information, cloud and communication services.
What Information is collected and what Data is processed?
When you visit an EndoSoft Web site, such as EndoSoft.com Qlinical.com EndoVault.com or argusml.com, you may provide EndoSoft with various types of information: Web site use information recording your interaction with our Web sites, together with personal information that you voluntarily choose to provide to EndoSoft. Accordingly, EndoSoft collects information from you as one of its users in the following ways: (a) from EndoSoft Web server logs, (b) with cookies and (c) directly from the user.
(a) IP Addresses (Server Log Information)
(c) Registration and Further User-Supplied Information
The registration pages of some EndoSoft Web sites and the “sign up” pages for some of our online services, such as those of www.endosoft.com, www.Qlinical.com, www.endovault.com www.argusml.com, may require users to provide EndoSoft with contact information, such as their name and e-mail address. If you provide such contact information, EndoSoft will use it for authentication and to contact you in connection with the relevant Web site service, particularly those available on http://www.EndoSoft.com, http://www.Qlinical.com, http://www.EndoVault.com http://argusml.com. Further, this contact information may in certain circumstances be made available to other users of EndoSoft’s Web site services, if you as a user agreed to do so where such communication forms a part of the relevant Web site service.
As a user of EndoVault.com, Qlinical.com EndoSoft.com and/or Argusml.com you decide to provide further information as part of the registration or “sign up” process on a voluntary basis, such as e.g. a phone number, address, organization, role and/or title. In particular, as a user of EndoVault.com and Qlinical.com services you may be interested in e.g. setting up your personal profile, forming online relationships with other users, participating in certain communication groups and/or forming groups, sending messages, posting information, performing searches, and/or transmitting information through various communications channels. Any such information is collected and processed for the purposes connected with the provision of the particular Web site services only, such as the services available from EndoSoft.com, Qlinical.com EndoVault.com and/or Argusml.com. Please note, any such information and personal information provided as part of such an online service may be made available to all other users of the particular Web site services, e.g. all members of the EndoVault and Qlinical network worldwide. Your information may also be accessed by EndoSoft.
Sharing Your Information with other users of EndoSoft’s Web site Services (particularly while using communication services operated by EndoSoft Web sites)
As a user of EndoSoft’s Web site services, you post all of user content on any EndoSoft’s Web site at your own risk. Please note that no security measures are perfect or impenetrable, so even if there are groups having been marked as being ‘secret’ or ‘private’ there remains a risk that other users may employ improper measures to obtain access, so EndoSoft requests that you do not post information you consider as being private to EndoSoft web sites. EndoSoft cannot monitor all of the actions of the users of its communication services and therefore EndoSoft is unable to ensure that any privately or secretly marked content will not be reviewed by unauthorized persons. Accordingly, to the fullest extent permitted by applicable law, EndoSoft is not responsible for the circumvention of any privacy settings or security measures contained on the web site.
As a user of EndoSoft’s web site services, you are responsible for the accuracy, completeness and truthfulness both of your data and information but also that of any data and information that you share about others. You must obtain the fully-informed and freely-given permission of any and all other individuals and other persons before you provide EndoSoft with any information (be aware: including any pictures and/or images) about them via any EndoSoft web site (such as e.g. the company you are working for, your employer, your colleagues, your partners, any other third parties, etc.), and you specifically warrant that you will do so.
Your consent regarding Information Collection and Data Processing
EU Safe Harbor Participation
EndoSoft LLC participates in the EU Safe Harbor Privacy Framework as set forth by the United States Department of Commerce.
Services (User-Supplied Information)
If you sign up for a particular additional service EndoSoft may collect additional personally identifiable information such as contact information (e.g., name, address, telephone number and e-mail address), demographic information (e.g., zip code, organization and/or role), billing information (e.g., credit or debit card numbers), or sensitive information (e.g., social security number, healthcare information).
We use the information to verify that only authorized users are accessing the respective application; to build your electronic client record or electronic personal health record so that EndoSoft may provide you the specific personalized service you have applied for and agreed with; and to contact you when necessary, to communicate helpful tips and advice during your participation to this service.
In order to provide users with greater value, EndoSoft may provide links to various third party Web sites. However, even if a third-party affiliation exists between EndoSoft and that destination site, EndoSoft exercises no authority over linked sites, each of which maintains independent privacy and data collection policies and procedures. EndoSoft assumes no responsibility or liability for these independent methods or actions and is not responsible for the independent policies or procedures of destination sites. Similarly, EndoSoft cannot and does not take responsibility for the privacy initiatives or the content of such Web sites to the fullest extent permitted by applicable law. These destination links are provided only for your convenience, and as such, you access them at your own risk. However, EndoSoft wishes to ensure the integrity of the EndoSoft Web site and its destination links, so any comments pertaining to EndoSoft.com or any sites accessed through EndoSoft links are greatly appreciated. See the Contacting this Web Site section below.
Surveys and Questionnaires
EndoSoft’s Web site services, including in particular http://www.EndoSoft.com, http://www.Qlinical.comhttp://www.EndoVault.com, http://argusml.com may contain online surveys and questionnaires which may ask users for contact and/or demographic information. This information may be shared within EndoSoft to the extent necessary for the survey or questionnaire concerned, and with sponsors, advertisers or partners on an aggregate basis that does not indicate the identity of individual users.
Some EndoSoft Web site services, including in http://www.EndoSoft.com, http://www.Qlinical.com http://www.EndoVault.com, http://argusml.com may use features or applications to collect data to facilitate an e-commerce transaction, such as registering you for a specific conference. EndoSoft will ask your explicit permission to transfer this data to a third party (e.g., conference coordinator) to facilitate this transaction. EndoSoft may store this information to verify the transaction for customer service and accounting reasons and may use this information to help personalize your experience on EndoSoft’s Web site services such as those of EndoSoft.com, Qlinical.com, EndoVault.com or Argusml.com. EndoSoft may also share this information with other third parties on an aggregate basis, but it does not indicate the identity of individual users. See the External Links section above for additional disclaimers regarding third-party Web sites.
EndoSoft may run contests as part of EndoSoft’s Web site services, such as those on http://www.EndoSoft.com http://www.Qlinical.com, http://www.EndoVault.com, http://argusml.com where users are asked for contact and demographic information. The user’s contact information is used to contact the user when necessary. Users may choose to receive future mailings if they opt in; see the choice/opt-in section below. Demographic and profile data is also collected at EndoSoft’s Web site services such as on EndoSoft.com and EndoVault.com. This information is shared within EndoSoft to the extent necessary to run the contest or conduct a mailing and with affiliates, sponsors, advertisers and/or partners on an aggregate basis that it does not indicate the identity of individual users.
Third Party Ad Services
EndoSoft may utilize certain third-party advertising services to display advertising for its advertisers. These third-party services may place a cookie on your computer for the purposes of ad tracking and presentation. EndoSoft does not share personally identifiable user information with its advertising services.
EndoSoft takes all reasonable measures to protect your data from loss, misuse, unauthorized access, disclosure, alteration and/or destruction. EndoSoft’s Web site services such as those on http://www.EndoSoft.com http://www.Qlinical.com http://www.EndoVault.com http://argusml.com have appropriate security measures in place to protect against the loss, misuse and/or alteration of the personal information under EndoSoft’s control. Particular precautions to protect Users’ information regarding http://www.EndoSoft.com, http://www.Qlinical.com http://www.EndoVault.com http://argusml.com services are that the account information is located on a secured server behind a firewall. Further, when users enter sensitive information (such as e.g. the password), EndoSoft encrypts that information using secure socket layer technology (SSL). In principal EndoSoft employs strict security measures to safeguard online transactions. All personal information is stored in a secured database.
Children’s Privacy Protection
Access to Personal Data and posted Information, Changing or Removing Information
Subject to any statutory exceptions, users of EndoSoft’s Web site services have the right at any time to verify the accuracy of personal information held by EndoSoft in connection with its Web site services. Accordingly, you may access and update your personal information at any time. If you wish to delete your entire profile for any EndoSoft Web site services, such as www.endosoft.com, www.Qlinical.com, www.endovault.com, www.argusml.com, you may do so by contacting EndoSoft via email ( webmaster@EndoSoft.com ) to request the removal of your user account and profile (except to the extent that we are permitted to retain a copy under applicable law). Please be aware that deleted information may nevertheless persist in backup copies for a reasonable period of time, but will not be generally available to any other users of the Web site services. Please note that any such action may also irreversibly delete content which you may previously have posted and shared as part of the EndoSoft Web site services
EndoSoft will retain your personal information for as long as you continue to use the relevant Web site service (unless you request removal of your information). If you ask us to remove your personal information we will do so within a reasonable period of your request except where we need to retain your information for legal reasons or as otherwise permitted by applicable law. In cases of complete inactivity on your side for a period of 2 years (which means you do not login during such period), EndoSoft may (completely or partly) delete your data and any information you posted; however, it is not obliged to do so.
Choice/Opt-In; Review/Correct/Update; Contacting the Web Site
EndoSoft’s Web site services, including those on http://www.EndoSoft.com, http://www.Qlinical.com, http://www.EndoVault.com, http://argusml.com give users the opportunity to opt-in to receive communications from EndoSoft at the point where EndoSoft requests information about the user. This site also gives users the options listed below for removing their information from EndoSoft’s database in order to stop receiving communications or EndoSoft’s service; for reviewing, changing and modifying information previously provided; or should you have any questions about this privacy statement, the practices of this Web site, or your interaction with this Web site:
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