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Terms of Use 

Last Updated: February 16, 2023

 

INTRODUCTION

These Terms of Use (“Terms”) apply when you visit our websites (including but not limited to our websites hosted on avomd.io, avomd.com, live.avomd.io, and build.avomd.io), solutions (including but not limited to the AvoMD app on Android, iPhone and the web, as well as AvoMD as available through the Electronic Health record, including Epic, Cerner, Athena and other EHRs, Columbia Psychiatry Pathways app, and Preoperative Eval app) and other services, including events, that refer or display a link to these Terms (“Services”). These Terms may be supplemented or replaced by additional terms provided to you. By continuing to use our Services, you are agreeing to be bound by these Terms of Use and the accompanying Privacy Policy. In any case where there is a conflict between these Terms and a subscriber agreement for the use of AvoMD’s Services from the Android or iPhone app store, the terms of your subscriber agreement will take precedence.

 

PERMISSION TO REPRODUCE AVOMD MATERIAL

Permission to reproduce material from the AvoMD Services in another publication or web site must be secured in writing.


To request permission to reproduce material from AvoMD, please submit your request in writing via e-mail, fax, or regular mail. You may wish to include a copy of the material for which you are requesting permission. Users may not re-post AvoMD's content on other web sites without the permission of AvoMD. Users cannot re-sell AvoMD's content to third parties, or prepare derivative works of AvoMD's content without explicit written permission.

 

Please send your permission request to info@avomd.io.

ALLOWED USES

We reserve the right to limit or suspend your use of the Services, electronically or by other means and without notice, if we believe you have committed a breach of security or violated these Terms of Use, subject only to any terms in your subscriber agreement, as applicable.
 

AvoMD reserves all of its rights in the Services not expressly granted to you by these Terms of Use.

PRIVACY

These Terms of Use incorporate the entirety of the AvoMD Privacy Policy (https://www.avomd.io/privacypolicy).

NO UNLAWFUL USE

You agree not to use the Services for any purpose that is unlawful or prohibited by these terms, or the terms of a subscriber agreement you have with AvoMD, if applicable. You may not use the Services in any manner that could damage, disable, overburden, or impair any AvoMD server, or the network(s) connected to any AvoMD server, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to any AvoMD server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the Services.

NO WARRANTIES

NEITHER AVOMD, NOR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, EMPLOYEE, LICENSOR, LICENSEE, DISTRIBUTOR, SUPPLIER, AGENT, CONTENT PROVIDER OR RESELLER OF AVOMD (COLLECTIVELY, THE "AVOMD ENTITIES") MAKE ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE AVOMD SERVICES, WHICH ARE PROVIDED "AS IS", OR WITH RESPECT TO THESE TERMS OF USE. THE AVOMD ENTITIES EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE AVOMD SERVICES. 

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

In addition, please note that the Services may include technical inaccuracies or typographical errors. AvoMD has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Services, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the AvoMD Services on any particular device or communications service. AvoMD has no obligation to provide you with notice of any such changes, and AvoMD is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the AvoMD Services, except as provided by your subscriber agreement with AvoMD, if applicable.

LIMITATION OF LIABILITY

IN NO EVENT WILL AVOMD, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, ANY CONTENT CREATORS (COLLECTIVELY, THE “AVOMD PARTIES”) BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICES, EVEN IF THE AVOMD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AVOMD PARTIES MAXIMUM LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID AND PAYABLE TO AVOMD BY YOU DURING THE THREE (3) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM ARISES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Some states or other jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law.

 

The Services are designed to offer healthcare professionals health-related information in a format that is easily accessed (“Algos”) for educational purposes only. The information presented is not intended to replace clinical decision making by a qualified health care professional. Clinicians are ultimately responsible for decisions related to disease diagnostics, disease symptoms, appropriate therapeutic treatments, and other clinical decisions. AvoMD algos are not intended for use by patients. If you are not a qualified health professional and you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately, and if you have an emergency call 911.


AvoMD does not give medical advice, nor do we provide medical or diagnostic services. The content or Algos within AvoMD do not cover all possible uses, direction, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments. Neither AvoMD nor its content providers are responsible for the decisions of healthcare providers. You may not rely on the application of any information on AvoMD as being applicable to specific circumstances. Neither AvoMD nor its content providers assume any liability or responsibility for damages or injury to you, other persons, or property arising from any use of any information, idea, or instruction contained in the Services.

AvoMD’s content providers have carefully tried to create its content to conform to the standards of professional practice that prevailed at the time of development. However, standards and practices in medicine change as new data become available and the individual medical professional should consult a variety of sources.

The contents of the AvoMD Services, such as text, graphics, and images are for informational purposes only. AvoMD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site.

While information on AvoMD has been obtained from sources believed to be reliable, neither we nor our content providers warrant the accuracy of the information contained on this site.

We do not give medical advice, nor do we provide medical or diagnostic services. Medical information changes rapidly. Neither we nor our content providers guarantee that the content covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments.

Your reliance upon information and content obtained by you at or through this site is solely at your own risk. Neither we nor our content providers assume any liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any product, information, idea, or instruction contained in the content or services provided to you.​

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the AvoMD Entities from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use of the Services. AvoMD reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with AvoMD in asserting any available defenses.

For Content Providers, or users of AvoBuilder only:

Users of AvoMD Builder agree to create content -- including but not limited to pathways, modules, algorithms, calculators, and other "algos" on the Builder -- only in accord with the law. This includes but is not limited to any copyright laws for images, text, videos or other elements added. 

For users of Columbia Psychiatry Pathways and AvoMD: Preoperative Eval Only:

FREE 30 AND 90-DAY TRIALS: WHAT TO EXPECT

First-time users can access Columbia Psychiatry Pathways free for 30 days and AvoMD: Preoperative Eval free for 90 days.

For iPhone users: After 30 days, your iTunes account will be charged $19.99 for a one-year subscription to the Columbia Psychiatry Pathways unless you have turned off auto-renew at least 24 hours before the free trial ends. After 90 days, your iTunes account will be charged $9.99 for a one-year subscription to the AvoMD: Preoperative Eval unless you have turned off auto-renew at least 24 hours before the free trial ends. To manage your subscriptions, open Apple's “Settings” app and tap on the “iTunes & App Store” entry. Tap your Apple ID at the top of the screen and login. Tap Subscriptions, then tap the subscription you wish to manage.

NOTE: if you do choose not to purchase a subscription, content will no longer be viewable after the free-trial period ends.

SUBSCRIPTION RENEWALS

Any subscription you purchase will automatically renew annually and your iTunes account will be charged the renewal rate of $19.99 (Preop) or $9.99 (Columbia) unless auto-renew is turned off 24 hours prior to the conclusion of the one-year subscription period. If you do not choose to renew, content will no longer be viewable after the subscription period ends.


For iPhone users: To manage your subscriptions, open Apple's “Settings” app and tap on the “iTunes & App Store” entry. Tap your Apple ID at the top of the screen and login. Tap Subscriptions, then tap the subscription you wish to manage

THE SERVICES

Columbia Psychiatry Pathways, AvoMD: Preoperative Eval and the other Services, including the text, graphics, and software, is owned by or licensed to AvoMD, and is subject to copyright and other intellectual property rights under United States, foreign laws and international conventions.

TRADEMARKS

All of the AvoMD trademarks are owned by AvoMD, Inc. and may not be used for any purpose without the prior written permission of AvoMD, Inc.

UPDATES TO THIS NOTICE

These Terms are effective as of the date stated at the top of these Terms of Use. From time to time we may update these Terms and will post any changes on the Services as soon as they go into effect. By visiting our websites, and/or accessing and/or using our Services after we make any such changes to these Terms, you are deemed to have accepted such changes.  Please refer back to these Terms on a regular basis.

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