Copyright owners and controllers may file a DMCA notification with eCW
Section 4 invokes 17 U.S.C. § 512(c)(2) (the Digital Millennium Copyright Act of 1998) and says that a person who believes content on the Services infringes a copyright they own or control, or that a link on the Services directs users to another service containing material that infringes such a copyright, may file a notification of infringement with eCW as set out in the section. The section then lists the information the notification should include and names eCW's designated agent. It does not describe what eCW does on receiving a notification, whether access is disabled, or how a counter-notification may be filed.
Supporting quotations
Pursuant to 17 U.S.C. § 512(c)(2) (known as the Digital Millennium Copyright Act of 1998), if you believe that any content on our Services infringes on any copyright which you own or control, or that any link on our Services directs users to another service, such as another website, that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with us as set forth below.
Notifications should include the following information:
Qualifications & exceptions
Covers both material hosted on the Services and links that direct users to another service containing allegedly infringing material
Filing is optional; the text says the owner or controller may file a notification
No takedown, counter-notification or restoration procedure is stated in this section
Not stated here
No response timeline, removal obligation or counter-notice route appears in this source
Content & IP Rights · Procedure
Six elements a copyright notification should include
The notice says a notification should include: a physical or electronic signature of a person authorized to act for the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or a representative list if one notification covers multiple works; identification of the allegedly infringing material and information sufficient to let eCW locate it; the notifying party's name, address, telephone number and email address; a statement of good faith belief that the complained-of use is not authorized by the copyright owner, its agent or the law; and a statement that the information is accurate and, under penalty of perjury, that the notifier is authorized to act for the owner of the exclusive right allegedly infringed.
Supporting quotations
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
Contact information for the notifying party, including name, address, telephone number, and email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Qualifications & exceptions
The elements are stated as information the notification should include rather than as a validated form
The perjury statement concerns authority to act for the rights owner, not the truth of the infringement claim itself
Not stated here
The source does not say whether an incomplete notification will be rejected or returned
Content & IP Rights · Procedure
Notifications go to an outside counsel designated agent in Atlanta
The notice directs that the infringement notification be submitted to eCW's designated agent: Damon J. Whitaker, Esq. of Bryan Cave Leighton Paisner LLP, 1201 West Peachtree St., NW, 14th Floor, Atlanta, Georgia 30309, with telephone 404-572-6913, facsimile 404-420-0913 and email damon.whitaker@bryancave.com. The named recipient is an outside law firm rather than an eCW support address, and both postal and electronic channels are given.
Supporting quotations
Please submit this notification to ECW's designated agent:
The designated agent is an outside law firm, Bryan Cave Leighton Paisner LLP
Postal address, telephone, facsimile and email are all listed as contact channels
Not stated here
The source does not state whether this designation is registered with the Copyright Office or how a change of agent would be announced
Account & Service Control · Restriction or exception
Patients must not use the copyright agent for technical support
The notice tells patients not to contact ECW's designated agent for technical support issues, and instead to contact their applicable healthcare provider or ECW(help). It warns that technical support requests sent to the designee may not be responded to or even received by eCW, so a patient who routes a support request to the copyright agent has no stated assurance that it will reach eCW.
Supporting quotations
If you are a patient, please do not contact ECW's designated agent for technical support issues; contact your applicable healthcare provider or ECW(help).
Any such technical support requests sent to the above designee may not be responded to or even received by ECW.
Qualifications & exceptions
The restriction is addressed to patients
The stated alternatives are the patient's healthcare provider or ECW(help)
Not stated here
The source does not describe what ECW(help) is or how it is reached
Legal Rights & Agreement Rules · Company commitment
eCW targets round-the-clock access but disclaims failures and force majeure
Section 5 says that, subject to Section 20 on force majeure, eCW uses the means it believes are reasonable to provide access to the Services 24 hours a day, seven days a week and to carry out necessary repair or maintenance for smooth operation. It is a reasonableness standard about means, not an uptime warranty. eCW disclaims liability for any failure or deficiency in performance for any reason, including maintenance, breakdown or an event beyond its reasonable control. Section 20 adds that eCW will not be deemed in breach or liable for breach of the Terms or the Privacy Policy due to an event beyond its reasonable control, listing examples such as acts of God, terrorism, war, invasion, public network failures, electrical shortages, Internet outage, labour disturbance, earthquakes, floods, civil disorder, strikes, fire, pandemics, epidemics and other natural, technological or social disasters.
Supporting quotations
Subject to Section 20 addressing Force Majeure, eCW uses the means it believes are reasonable to provide access to the Services 24 hours a day, 7 days a week, and to provide necessary repair or maintenance operations required for the smooth operation of the Services.
eCW disclaims any liability for any failure or deficiency in the performance of the Services for any reason whether such reason be maintenance, breakdown, or any event beyond eCW's reasonable control as described in Section 20 addressing Force Majeure.
20. Force Majeure
We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, Internet outage, labor disturbance, earthquakes or floods, civil disorder, strikes, fire, pandemics, epidemics, or other disaster (including without limitation, natural, technological, or social).
Qualifications & exceptions
Access is pursued through means eCW believes reasonable; no specific uptime percentage is promised
The commitment is expressly subject to the Section 20 force majeure provision
Liability is disclaimed for failures caused by maintenance, breakdown or events beyond eCW's reasonable control
Not stated here
The source does not state any service credit, notice or remedy when access falls below the 24/7 target
Cross-references
related (model-proposed): eCW is not in breach for events beyond its reasonable control — references: The Section 5.1 availability sentence is expressly made subject to Section 20, and both cards quote the same force majeure text. The relation records that cross-reference; it adds no obligation beyond what each card states.
contrast (model-proposed): eCW may change, suspend or discontinue any aspect of the Services without notice or liability — contrast: Section 5.1 states a reasonable-means target of round-the-clock access, while Section 16 lets eCW change, suspend or discontinue any aspect of the Services at any time without prior notice or liability. The two pull in different directions on continuity of access; the contrast records the tension and does not assert that either cancels the other.
Security & Safeguards · Restriction or exception
Data and transmission errors and Internet insecurity are your risk
eCW tells users that data conversion and transmission in the Services can be affected by human and machine errors, omissions, delays and losses, including inadvertent loss of data or damage to media, any of which may cause loss or damage, and disclaims liability for those errors, omissions, delays or losses. It also states that access, use or download through an Internet connection or mobile devices is inherently insecure and that transmitted and received information may be subject to unauthorized interception, diversion, corruption, loss, access and disclosure. eCW disclaims liability for adverse consequences of accessing, using or downloading the Services through such a connection or mobile device, and for a user's use of an Internet connection in violation of Applicable Laws or of another's intellectual property rights. The passage is a risk allocation about data integrity and interception, not a statement that eCW applies no security controls.
Supporting quotations
You acknowledge that data conversion and transmission in the Services is subject to the possibility of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage.
eCW disclaims any liability for any such errors, omissions, delays, or losses.
You acknowledge and agree that access, use, or download of the Services through connection to the Internet and/or use of mobile devices is inherently insecure and that information transmitted and received through such use may be subject to unauthorized interception, diversion, corruption, loss, access, and disclosure.
eCW disclaims any liability for any adverse consequences whatsoever of your access, use, or download of the Services through such connection the Internet, and/or such use of mobile devices, and disclaims any liability for any use by you of an Internet connection in violation of any Applicable Laws (defined below), or any violation of the intellectual property rights of another.
Qualifications & exceptions
The disclaimer covers errors, omissions, delays and losses in data conversion and transmission, including inadvertent data loss and media damage
The insecurity statement covers access through an Internet connection and mobile devices, including unauthorized interception, diversion, corruption, loss, access and disclosure
The disclaimer also reaches a user's unlawful use of an Internet connection and infringement of another's intellectual property
Not stated here
The text does not describe specific technical or organizational safeguards, breach notification or data-recovery obligations
Account & Service Control · Restriction or exception
Registration information must be true and eCW may verify it and terminate access
To access, use or download the Services a user may be required to give eCW information about themselves or about the person or entity on whose behalf they act, which may include name, email address and telephone number. By submitting it, the user represents and warrants that the information is true and correct and authorizes eCW to use any method it chooses to verify truth and accuracy to the extent needed to protect eCW's rights or other users. eCW may terminate access if the user fails to provide truthful and accurate information. The verification authorization is purpose-limited to protecting eCW's rights or other users, but the method is left entirely to eCW, and the text does not describe notice, appeal or correction procedures.
Supporting quotations
To access, use, or download the Services, you may be required to provide eCW with information about yourself (or the person or entity on whose behalf you are accessing, using, or downloading the Services).
This information may include your name, email address, and telephone number.
By submitting such information to eCW, you hereby represent and warrant that any and all such information that you provide to eCW is true and correct, and you authorize eCW to use any method it chooses to verify the truth and accuracy of the information to the extent eCW needs to do so to protect its rights or other users of the Services.
eCW may terminate your access to the Services if you fail to provide truthful and accurate information.
Qualifications & exceptions
Providing information is triggered when access, use or download requires it, not in every case
The information may concern the user or the person or entity on whose behalf the user acts
The verification authorization is limited to the extent eCW needs it to protect its rights or other users
Termination is a possible consequence of failing to provide truthful and accurate information
Not stated here
The source does not state how verification is performed, how long the information is kept, or whether a user can correct it
Account & Service Control · Company practice
Portals need account credentials, and some functions are less protected
Some Services functionality, such as the Portals, requires a user account with a username, password and/or PIN (Account Credentials) to access securely. Functionality reachable without Account Credentials is said not to be subject to the same security and protections as functions accessed with them. A registered account holder may be permitted to link certain Services with Affiliate Services and Third-Party Services using the same credentials, with linking a Services user account to a Medicare user account given as an example. The permission to link is permissive (may be permitted), and the passage does not identify which third parties, what data moves on linking, or how a link can be revoked.
Supporting quotations
Some functionality of the Services (e.g., the Portals) requires you to have a user account associated with a username, password and/or PIN ("Account Credentials") to securely access the functionality.
Other functionality of the Services that may be accessed without Account Credentials is not subject to the same security and protections as the functions accessed using Account Credentials.
If you are a registered account holder, you may be permitted to link certain of the Services with Affiliate Services and Third-Party Services using your Account Credentials.
For example, you may be permitted to use your Account Credentials to link your Services user account with a Medicare user account.
Qualifications & exceptions
The credential requirement applies to the functionality that requires an account, such as the Portals, not to all Services
Functions reachable without credentials are described as less secure, with no further protection promised
Account linking is optional and subject to being permitted
Not stated here
The source does not name the Affiliate or Third-Party Services available for linking, the data exchanged, or how to unlink
The passage does not specify credential-strength, multi-factor or session-security requirements
Security & Safeguards · Restriction or exception
You are solely responsible for keeping credentials confidential and for eCW's losses
A registered user is solely responsible for maintaining strict confidentiality of Account Credentials, must not share them or let another person access, use or download the Services with them, and is solely responsible for damages or losses eCW may suffer from a failure to keep them confidential. The user must immediately inform eCW in writing if the account needs to be deactivated because of potential or actual security concerns. eCW disclaims liability for harm related to misappropriation of credentials, the user's intentional or negligent disclosure to another person, or unauthorized sharing that lets someone else access the Services without authorization. Responsibility is placed on the user; the text does not promise eCW will investigate misuse, restore access or notify affected parties.
Supporting quotations
You are solely responsible for maintaining the strict confidentiality of your Account Credentials.
You shall not share your Account Credentials with any other person and shall not permit any other person to access, use, or download the Services using your Account Credentials.
You will be solely responsible for any damages or losses that may be incurred or suffered by eCW as a result of your failure to maintain the strict confidentiality of your Account Credentials.
You shall immediately inform eCW in writing of any need to deactivate your account due to potential or actual security concerns.
eCW disclaims any liability for any harm related to the misappropriation of your Account Credentials, your intentional or negligent disclosure of such Account Credentials to another person, or your unauthorized sharing of Account Credentials that may allow another person or entity to access, use, or download the Services without eCW's authorization.
Qualifications & exceptions
Confidentiality and non-sharing duties apply to registered account holders
The user is solely responsible for eCW's damages or losses from a confidentiality failure
Deactivation notice must be immediate, in writing and tied to potential or actual security concerns
The liability disclaimer covers misappropriation, intentional or negligent disclosure, and unauthorized sharing
Not stated here
The source does not specify how deactivation requests are processed, what verification is required, or any response time
Account & Service Control · Restriction or exception
One account per Service, with no alter egos or spoofed access
A user must not register for more than one account for any Service, including each website and application that may be available, must not use alter-egos or other disguised identities when accessing, using or downloading the Services, and eCW prohibits all forms of indirect and spoofed access. The rule limits duplicate and disguised accounts; it does not explain how duplicate accounts are detected or what happens to an existing second account.
Supporting quotations
You shall not register for more than one account for any Service, including each website and application which may be available.
You shall not utilize alter-egos or other disguised identities when accessing, using, or downloading the Services.
We prohibit all forms of indirect and "spoofed" access.
Qualifications & exceptions
The one-account limit applies per Service, including each website and application
The identity restriction covers alter-egos and disguised identities
Indirect and spoofed access are prohibited in all forms
Not stated here
The source does not describe detection, notice or consequences for a duplicate or disguised account beyond the general enforcement provisions
Account & Service Control · Procedure
Parents or guardians may request a minor's account with provider involvement
Parents or legal guardians of a minor may request registration of and access to an account for the minor in consultation with the minor's healthcare provider, after giving written consent to that provider. The minor's healthcare provider decides at its discretion whether to provide the access. The route therefore depends on two steps outside eCW's hands: provider consultation and provider acceptance, and the text does not describe how a request is made to eCW or how proxy access is scoped or ended.
Supporting quotations
Parents or legal guardians of a minor may request registration of and access to an account for the minor in consultation with the minor's healthcare provider after providing written consent to the minor's healthcare provider.
The minor's healthcare provider provides such access at its discretion.
5.1.1. Proxy Accounts
Qualifications & exceptions
Available to parents or legal guardians of a minor
Requires consultation with the minor's healthcare provider and written consent given to that provider
Access is provided at the healthcare provider's discretion
Not stated here
The source does not describe the request channel, verification of guardianship, scope of proxy access, or termination of proxy access
Legal Rights & Agreement Rules · Restriction or exception
Under-13s are barred and 13-to-17 use depends on provider-managed consent
A person under 13 may not access, use or download the Services. For a minor between 13 and 17, the healthcare provider is responsible for ensuring that a parent or legal guardian has given written consent to the minor's use, unless applicable law allows the provider to give care or services without that consent; the provider must obtain any required written consent before use, and questions about consent go to the provider. By accessing, using or downloading the Services the user represents and warrants being 18 or older, or that a parent or guardian has consented in writing. The terms note that state and federal law may prevent a parent or guardian of a 13-to-17-year-old from viewing certain medical information without the minor's consent or the provider's discretion, so a provider may not grant full access to parents or guardians in that age category. The minors passage describes the provider, not eCW, as the party holding the consent duty; the Section 6 passage likewise states that use of the Services creates no healthcare provider/patient relationship with eCW.
Supporting quotations
If you are under 13 years old, you may not access, use or download the Services.
If you are a minor (between 13 and 17 years of age) using these Services, your healthcare provider is responsible for ensuring a parent or legal guardian has provided written consent for your use of these Services, unless applicable laws allow your healthcare provider to provide their care or services to you without such consent.
By accessing, using or downloading any of the Services, you represent and warrant that you are 18 years old or older, or otherwise that your parent(s) or guardian(s) have consented in writing to your use of the Services.
Under state and federal laws, there are certain types of medical information that a parent or legal guardian of a minor age 13 to 17 may not view without consent of the minor or at the discretion of the healthcare provider.
Because of these requirements, the minor's healthcare provider may not grant full Services access to parents or legal guardians of a minor in this age category.
Your use of the Services and/or any information or Content that is included on or transmitted through the Services is not intended to and will not create any healthcare provider/patient relationship of any kind between you and eCW or its affiliates
Qualifications & exceptions
The under-13 prohibition is absolute in the text
The 13-to-17 consent duty sits with the healthcare provider, not eCW
Consent may be unnecessary where applicable law lets the provider give care or services without it
The 18-or-older representation is satisfied by written parental or guardian consent
State and federal law may limit a parent's or guardian's view of certain medical information for a 13-to-17-year-old
Not stated here
The source does not describe how eCW verifies age or consent, or what happens to an account opened contrary to these limits
Legal Rights & Agreement Rules · Restriction or exception
Services are limited to residents of the 50 states, excluding territories
To access, use or download the Services a person must be a resident of the 50 States of the United States of America, exclusive of its commonwealths, territories and possessions. By accessing, downloading or using any of the Services the person represents and warrants that they are such a resident. The geographic limit is stated as an eligibility condition with a representation attached, and it excludes United States commonwealths, territories and possessions rather than only non-US countries.
Supporting quotations
5.3. United States Only
To access, use, or download the Services, you must be a resident of the 50 States of the United States of America, exclusive of its commonwealths, territories, and possessions.
By accessing, downloading, or using any of the Services, you represent and warrant that you a resident of the 50 States of the United States of America.
Qualifications & exceptions
Residency is required in the 50 states, not merely in the United States
Commonwealths, territories and possessions of the United States are expressly excluded
The requirement is backed by a representation and warranty made by accessing, downloading or using the Services
Not stated here
The source does not state how residency is verified or what happens to an existing account if a user moves outside the 50 states
Legal Rights & Agreement Rules · Restriction or exception
Using the Services creates no provider/patient relationship with eCW
Use of the Services, or of information or Content included on or transmitted through them, is not intended to create and will not create any healthcare provider/patient relationship of any kind between the user and eCW or its affiliates. The text says this holds whether the user is using Services such as provider location services or links to Affiliated Services that may help locate a medical professional. eCW also does not guarantee that communications between patients and Providers occur in real time. The denial is broad (any kind of relationship, with eCW or affiliates) and is tied to the type of service used rather than to the user's status.
Supporting quotations
6. Medical Disclaimers; No Provider/Patient Relationship; Provider Information
Your use of the Services and/or any information or Content that is included on or transmitted through the Services is not intended to and will not create any healthcare provider/patient relationship of any kind between you and eCW or its affiliates this shall be true whether you are utilizing any of the Services (e.g., provider location services) or links to Affiliated Services that may assist a user in locating a medical professional.
eCW does not guarantee that communications between patients and Providers occurs in real-time.
Qualifications & exceptions
The denial covers any kind of healthcare provider/patient relationship with eCW or its affiliates
It applies to use of the Services and to information or Content included on or transmitted through them
It expressly covers provider location services and links to Affiliated Services that help locate a medical professional
No guarantee is given that patient-Provider communications occur in real time
Not stated here
The source does not describe which entity, if any, is treated as the provider of clinical services
Legal Rights & Agreement Rules · Restriction or exception
Content is informational only, with no endorsement and reliance at your risk
Any Content available on or through the Services is for informational and educational purposes only and is not a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients; neither the Content nor any Services is intended to be substituted for medical diagnosis or treatment. eCW does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, off-label drug uses or other information mentioned on or transmitted through the Services, regardless of whether healthcare providers, insurance providers or similar professionals or organizations mentioned or transmitted it. Reliance on information obtained or used is solely at the user's own risk. The no-endorsement statement reaches clinical and product information supplied by third parties, so a listing or transmission is not a recommendation by eCW.
Supporting quotations
Any Content available on or through the Services is for informational and educational purposes only and is not a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients.
Neither the Content nor any Services is intended to be substituted for medical diagnosis or treatment.
eCW does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on or transmitted through the Services (regardless of whether the foregoing is mentioned or transmitted by healthcare providers, insurance providers, or similar professionals or organizations).
Your reliance upon any information obtained or used by you is solely at your own risk.
Qualifications & exceptions
Content is limited to informational and educational purposes
The no-endorsement statement covers drugs, tests, physicians, products, procedures, opinions and off-label drug uses
It applies regardless of whether a healthcare provider, insurer or similar organization supplied the information
Reliance on information is solely at the user's own risk
Not stated here
The source does not describe any editorial review or correction process for Content beyond eCW's discretionary review
Legal Rights & Agreement Rules · Restriction or exception
eCW disclaims accuracy of user and provider information; you must verify it
eCW disclaims liability for the accuracy of any information or Content provided or sent by the user or by other users of the Services, including the user's physician, other healthcare providers, insurance providers or their representatives. The user is responsible for verifying the accuracy of any information sent or received through the Services, including their patient health information, data or records. The duty therefore places the accuracy check on the user even where the information originates with a clinician or insurer, and the disclaimer covers information the user themself supplies.
Supporting quotations
eCW disclaims any liability for the accuracy of any information or Content provided or sent by you or other users of the Services, including your physician, other healthcare providers, insurance providers, or their representatives.
You shall be responsible for verifying the accuracy of any information you send or receive through the Services, including any of your patient health information, data, or records.
Qualifications & exceptions
The liability disclaimer covers information and Content provided by the user and by other users
It expressly includes physicians, other healthcare providers, insurance providers and their representatives
The verification duty covers information sent and received, including patient health information, data and records
Not stated here
The source does not describe what verification steps, correction rights or error-reporting route the user has
Security & Safeguards · Procedure
Do not use the Services for emergencies; call 911
The terms instruct that if a user has an emergency they must not use the Services to contact their healthcare provider and should instead immediately call 911 and request emergency care assistance. The instruction is written in capitals in the source and is unconditional; it does not describe any alternative in-Services emergency channel, response time or monitoring.
Supporting quotations
IF YOU HAVE AN EMERGENCY, DO NOT USE THE SERVICES TO CONTACT YOUR HEALTHCARE PROVIDER INSTEAD, YOU SHOULD IMMEDIATELY CALL 911 AND REQUEST EMERGENCY CARE ASSISTANCE.
Qualifications & exceptions
The instruction applies when the user has an emergency
The Services must not be used to contact the healthcare provider in that situation
The stated route is to call 911 immediately and request emergency care assistance
Not stated here
The source does not state whether messages sent through the Services are monitored for emergencies
Legal Rights & Agreement Rules · Restriction or exception
eCW does not control provider availability and disclaims appointment and injury liability
eCW disclaims liability in any way to the user for any decision the user makes or any action occurring in connection with using the Services to locate or start a relationship with a medical professional. It has no control over and cannot and does not guarantee the availability of any provider that is part of the Services at any particular time. It will not be liable or responsible in any way for cancelled or otherwise unfulfilled appointments, any injury resulting from them, or any other injury resulting from use of the Services whatsoever. The disclaimer is not limited to scheduling; it reaches any injury resulting from use of the Services.
Supporting quotations
eCW disclaims any liability in any way to you for any decision you make or any actions that occur in connection with the use of the Services in locating and/or starting a relationship with a medical professional.
eCW has no control over, cannot and does not guarantee the availability of any provider that is a part of the Services at any particular time.
eCW will not be liable or responsible in any way for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever.
Qualifications & exceptions
The disclaimer covers decisions and actions connected with locating or starting a relationship with a medical professional
Provider availability at any particular time is not controlled or guaranteed
The liability exclusion covers cancelled or unfulfilled appointments, resulting injury, and any other injury from use of the Services
Not stated here
The source does not describe any complaint, rescheduling or escalation route for a cancelled appointment
Legal Rights & Agreement Rules · Procedure
You must verify a provider's credentials with licensing authorities before choosing one
Before selecting a healthcare professional the user must perform an independent investigation by telephoning the appropriate licensing authorities to verify listed credentials and education, and by further verifying information about a particular doctor or other healthcare provider with the Provider's office, the user's current Provider, the medical association for the Provider's specialty, the user's state medical board, and other appropriate sources. The duty is specific about the calls to make and confirms that credential information listed in the Services is not verified by eCW for the user's benefit.
Supporting quotations
You shall perform an independent investigation prior to selecting a healthcare professional by making telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular doctor or other healthcare provider by confirming with the Provider's office, your current Provider, the medical association relative to the Provider's specialty and your state medical board, and consulting other sources as may be appropriate.
Qualifications & exceptions
The investigation must happen before selecting a healthcare professional
It requires telephone calls to the appropriate licensing authorities to verify listed credentials and education
It extends to confirming with the Provider's office, the user's current Provider, the relevant medical association, the state medical board and other sources
Not stated here
The source does not describe which credential fields are displayed or how they are sourced
Content & IP Rights · Restriction or exception
eCW reviews Content only at its discretion and disclaims its timeliness and accuracy
eCW makes the Services available to its customers and their patients to provide an informative and educational resource. It may, but has no obligation to, review Content posted on the Services, and it does not guarantee the timeliness or accuracy of any or all Content. Neither the authors, eCW nor any other party involved in preparing or publishing Content can assure the user that it is in every respect accurate or complete, and eCW disclaims liability for errors or omissions or for results obtained from its use. The procedures, products, services and devices discussed or advertised in the Services are said not to be applicable to all individuals, patients or clinical situations, and eCW makes no claims about their effectiveness. Products and services represented by advertisers, sponsors and other participants, paid or unpaid, are presented for awareness and do not necessarily imply appropriateness for an individual or predict effectiveness, outcome or success; eCW disclaims liability in connection with their use.
Supporting quotations
eCW makes the Services available to its customers and their patients for the purposes of providing an informative and educational resource.
eCW may, but has no obligation to, review Content posted on the Services.
eCW does not guarantee the timeliness and accuracy of any or all the Content.
Neither the authors (whether users of the Services or not), eCW, nor any other party who has been involved in the preparation or publication of any Content can assure you that such Content is in every respect accurate or complete.
eCW disclaims liability for any errors or omissions or for the results obtained from the use of such Content.
The procedures, products, services, and devices discussed and/or advertised within the Services are not applicable to all individuals, patients, or all clinical situations.
eCW makes no claims as to the effectiveness of any such procedures, products, services, or devices.
You acknowledge and agree that any products and/or services represented on the Services by advertisers, sponsors, and other Services participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
eCW disclaims any liability in connection with your use of such procedures, products, services, or devices.
Qualifications & exceptions
eCW's review of posted Content is discretionary, with no obligation to review
No guarantee is given for the timeliness or accuracy of any Content
The accuracy disclaimer covers errors, omissions and results obtained from using Content
Advertised procedures, products, services and devices are described as not applicable to all individuals, patients or clinical situations, with no effectiveness claim
Advertiser and sponsor content is presented for awareness only, whether paid or unpaid
Not stated here
The source does not describe a takedown or correction process for inaccurate Content, or any label distinguishing reviewed from unreviewed Content
Use & Processing · Company commitment
eCW complies with business-associate privacy laws for PHI in the Services
Certain Services eCW provides to Provider customers, or makes available to their patients, involve access to and processing of PHI provided under the Customer Documents eCW has with those Provider customers. For its operation of the Services, and to the extent required by HIPAA and its implementing regulations, HITECH and its regulations, and any applicable laws governing collection, use, storage and disclosure of identifiable information including biometric data such as fingerprints or facial geometry scans (together the Privacy Laws), eCW will, subject to the Customer Documents, comply with the Privacy Laws applicable to business associates and maintain the confidentiality of PHI transmitted or made available through the Services or Affiliated Services. The commitment is framed by three limits: it applies to Services involving PHI, it runs to the extent the Privacy Laws require, and it is subject to the Customer Documents with each Provider.
Supporting quotations
7. Compliance with Laws; Transmission of Data
Certain Services that eCW provides to our Provider customers or make available to their patients involve access to, and the processing of, PHI (defined below) that is provided to us pursuant to the Customer Documents that we have entered with our Provider customers.
With respect to its operation of the Services, and to the extent required by (A) the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations ("HIPAA"), (B) the Health Information Technology for Economic and Clinical Health Act ("HITECH") and any regulations promulgated thereunder, and (C) any applicable laws governing the collection, use, storage, and disclosure of information that can reasonably be used to identify an individual, including without limitation biometric data such as fingerprints or facial geometry scans (collectively, the "Privacy Laws"), eCW will, subject to the Customer Documents, comply with the Privacy Laws applicable to business associates and maintain the confidentiality of any Protected Health Information which is individually identifiable health information that is protected by HIPAA ("PHI") transmitted or made available through the functionality of the Services or the Affiliated Services.
Qualifications & exceptions
Applies to Services that involve access to and processing of PHI for Provider customers or their patients
Runs to the extent required by HIPAA, HITECH and other applicable Privacy Laws
Subject to the Customer Documents eCW has entered with Provider customers
The Privacy Laws definition includes laws governing biometric data such as fingerprints and facial geometry scans
Not stated here
The source does not describe breach notification, retention periods or subcontractor terms, which the Customer Documents may contain
Use & Processing · Context
A patient's PHI is governed by HIPAA and the documents with their Provider
For a user who is a patient of a Provider, eCW states that its use of PHI is governed by HIPAA and other Applicable Laws and by the Customer Documents with that Provider. The sentence directs the patient to the Provider relationship rather than to these Terms for the handling of their health information, and it does not itself grant the patient rights or describe how to exercise them.
Supporting quotations
If you are a patient of a Provider, our use of PHI is governed by HIPAA and other Applicable Laws and the Customer Documents with your Provider.
Qualifications & exceptions
Applies where the user is a patient of a Provider
Governed by HIPAA, other Applicable Laws and the Customer Documents with that Provider
Not stated here
The source does not describe how a patient obtains or reviews the Customer Documents or exercises rights under them
Legal Rights & Agreement Rules · Company practice
eCW may amend the Terms to comply with Privacy Laws
The user acknowledges and agrees that these Terms may be amended from time to time if necessary to comply with the Privacy Laws. The stated ground for amendment is compliance with Privacy Laws, and the passage does not describe notice of the amendment, its effective date or any user choice; the general amendment mechanics, if any, appear elsewhere in the Terms.
Supporting quotations
You acknowledge and agree that these Terms may be amended from time to time if necessary to comply with the Privacy Laws.
Qualifications & exceptions
Amendment is tied to what is necessary to comply with the Privacy Laws
The user acknowledges and agrees to that possibility
Not stated here
The source does not state how the amendment is notified or when it takes effect
Use & Processing · Restriction or exception
Providers, not eCW, must obtain biometric-data consents
Providers who collect, store, use, disclose or retain biometric data in connection with their use of the Services are responsible for obtaining the required consents and for satisfying any other requirements of Applicable Laws for that collection, storage, usage, disclosure and retention. The duty is assigned to Providers for biometric data specifically, which pairs with the Privacy Laws definition in the same section that names fingerprints and facial geometry scans.
Supporting quotations
Providers who collect, store, use, disclose, or retain biometric data in connection with their use of the Services shall be responsible for obtaining required consents and satisfying any other requirements of Applicable Laws with respect to collection, storage, usage, disclosure, and retention of such information.
Qualifications & exceptions
The duty applies to Providers using the Services, not to eCW
It covers consents and other Applicable Laws requirements
It reaches collection, storage, usage, disclosure and retention of biometric data
Not stated here
The source does not describe how eCW verifies that a Provider obtained those consents
Legal Rights & Agreement Rules · Context
Section 7 requirements survive the end of use
The requirements of Section 7 will survive termination of the user's use of the Services. The sentence keeps the PHI compliance, monitoring, licence and liability provisions in force after the user stops using the Services, and it does not name an end date.
Supporting quotations
The requirements of this Section 7 will survive the termination of your use of the Services.
Qualifications & exceptions
Survival attaches to the requirements of Section 7 as a whole
It is triggered by termination of the user's use of the Services
Not stated here
The source does not state a period after which the surviving requirements lapse
Legal Rights & Agreement Rules · Restriction or exception
Users must comply with Applicable Laws when handling PHI and warrant that at all times
When a user uses the Services to upload, transmit or receive PHI, the user agrees, to the extent applicable, to comply with all applicable local, state, federal or international law, rule or regulation, including the Privacy Laws, any court order and other orders or decisions in governmental, administrative or judicial proceedings (collectively Applicable Laws). The user represents and warrants that they will at all times comply with all directly or indirectly Applicable Laws that now or later govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance and storage of PHI. The warranty is continuous and covers a broad list of processing activities, including reporting and maintenance as well as transmission.
Supporting quotations
When you use the Services to upload, transmit, or receive PHI, you agree that, to the extent applicable, you shall comply with all applicable local, state, federal or international law, rule, or regulation, including, but not limited to, the Privacy Laws, any court order, or other order or decision in any governmental, administrative or judicial proceeding (collectively "Applicable Laws").
You represent and warrant that you will, at all times, comply with all directly or indirectly Applicable Laws that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI.
Qualifications & exceptions
Triggered when the user uploads, transmits or receives PHI through the Services
Compliance runs to the extent applicable
The Applicable Laws definition includes court orders and other governmental, administrative or judicial orders
The warranty is given at all times and covers gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance and storage
Not stated here
The source does not describe how compliance is monitored or what evidence a user must keep
Data Access & Collection · Permission or license
eCW and service operators may monitor, retrieve, store, review and use PHI
The user agrees that eCW, and all other persons or entities involved in operating the Services, have the right to monitor, retrieve, store, review and use PHI, if applicable, in connection with the transmission of any PHI. The right is tied to transmission of PHI through the Services and is not limited to security or quality purposes in its wording; the section elsewhere states the business-associate compliance commitment and the de-identified analytics licence.
Supporting quotations
You agree that eCW, and all other persons or entities involved in the operation of the Services, have the right to monitor, retrieve, store, review, and use PHI, if applicable, in connection with the transmission of any PHI.
Qualifications & exceptions
The right belongs to eCW and to all other persons or entities involved in operating the Services
It applies to PHI, if applicable, in connection with its transmission
The listed acts are monitoring, retrieving, storing, reviewing and using
Not stated here
The source does not limit the right by purpose, retention period or access controls
Sharing & Disclosure · Permission or license
eCW receives a perpetual licence to use de-identified Client Data for analytics
To the extent permissible under Applicable Laws, the user grants eCW a perpetual, unlimited licence to use the data and information compiled or passing through the Services that specifically relates to the user, the user's patient care, the Provider's procedures or diagnoses, or insurance provider procedures, policies, coverage or payments, and related information (Client Data), in a de-identified format as defined under Applicable Laws, for data benchmarking, sharing, warehousing, resource utilization and similar data analysis services. The licence is conditioned on eCW complying with Applicable Laws in those actions. The licensed object is Client Data in de-identified form, and the permitted uses are analytical rather than advertising.
Supporting quotations
To the extent permissible under Applicable Laws, you hereby grant to eCW a perpetual, unlimited license to use the data and information that is compiled or passes through the Services that specifically relates to you, your patient care, your Provider's procedures or diagnoses, or insurance provider procedures, policies, coverage, or payments, and any related information (collectively, the "Client Data"), in a de-identified format as defined under the Applicable Laws for data benchmarking, sharing, warehousing, resource utilization, and similar data analysis services; provided, however, that eCW shall comply with the Applicable Laws in connection with any such actions.
Qualifications & exceptions
Granted only to the extent permissible under Applicable Laws
The licence is perpetual and unlimited
Only de-identified Client Data, as defined under Applicable Laws, is licensed
The Client Data definition reaches the user, patient care, Provider procedures or diagnoses, and insurance procedures, policies, coverage or payments
Permitted purposes are benchmarking, sharing, warehousing, resource utilization and similar data analysis services
eCW must comply with Applicable Laws when acting under the licence
Not stated here
The source does not describe the de-identification standard applied in practice, any audit or publication of the outputs, or a way for a user to object
Legal Rights & Agreement Rules · Restriction or exception
eCW disclaims liability for a user's use or misuse of PHI
In capitals, eCW disclaims any liability for the user's use or misuse of PHI or other information transmitted, monitored, stored or received while using the Services, whether to a Provider located using the Services or otherwise. The disclaimer covers both the user's own misuse and the transmission channel, and it is not limited to information sent to a provider found through the Services.
Supporting quotations
eCW DISCLAIMS ANY LIABILITY FOR YOUR USE OR MISUSE OF PHI OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SERVICES WHETHER TO A PROVIDER LOCATED USING THE SERVICES OR OTHERWISE.
Qualifications & exceptions
Covers the user's use or misuse
Covers PHI and other information transmitted, monitored, stored or received while using the Services
Applies whether or not the recipient Provider was located using the Services
Not stated here
The source does not describe any exception for eCW's own acts or for legally required disclosures
Content & IP Rights · Company practice
eCW may delete uploaded content and restrict access in its sole discretion
eCW reserves the right to amend or delete any uploaded content, along with the right to revoke any membership or restrict access to the Services, where in eCW's sole discretion the content violates any provision of Section 7 or the Terms of Use generally. The trigger is eCW's sole discretion that a violation exists, and the available responses range from amending content to removing it and from revoking membership to restricting access.
Supporting quotations
ECW RESERVES THE RIGHT TO AMEND OR DELETE ANY UPLOADED CONTENT (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE SERVICES) THAT IN eCW'S SOLE DISCRETION VIOLATES ANY PROVISIONS OF THIS SECTION OR THE TERMS OF USE IN GENERAL.
Qualifications & exceptions
Requires a violation of Section 7 or the Terms of Use in eCW's sole discretion
The responses are amending or deleting uploaded content, revoking membership and restricting access
Discretion is expressly eCW's sole discretion
Not stated here
The source does not describe notice, an opportunity to respond, or a restoration process
Legal Rights & Agreement Rules · Restriction or exception
Use is limited to lawful purposes, and third-party and eCW rights must not be infringed
The user may only use the Services for lawful purposes in compliance with Applicable Laws, and in accessing, using or downloading the Services the user shall not infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret or other right of eCW or any third party. The opening sentence sets the affirmative limit, while the enumerated first prohibition restates the rights of eCW and third parties that the user must not infringe.
Supporting quotations
8. Prohibited Conduct
You may only use the Services for lawful purposes in compliance with Applicable Laws.
(i) infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of eCW or any third party;
Qualifications & exceptions
The permitted purpose is lawful use in compliance with Applicable Laws
The prohibition applies during access, use or download of the Services
The protected rights include copyright, patent, privacy, publicity, trademark, trade secret and other rights of eCW or a third party
Not stated here
The source does not describe how a violation is detected or what consequence follows under this section
Legal Rights & Agreement Rules · Restriction or exception
Abuse, defamation, harassment and stalking of individuals are prohibited
The user shall not abuse, defame, harass or stalk any individual or other user of the Services. The prohibition protects any individual, not only other users, and names four kinds of conduct without defining them in the Terms.
Supporting quotations
(ii) abuse, defame, harass, or stalk any individual or other user of the Services;
Qualifications & exceptions
Protects any individual or other user
The named conducts are abuse, defamation, harassment and stalking
The source does not define these conducts here
Not stated here
The source does not describe a reporting channel or the standard for determining a violation
Security & Safeguards · Restriction or exception
Interference with the Services, other users or infrastructure is prohibited
The user shall not interfere with or attempt to interfere with, or damage or attempt to damage, the Services or their proper working, including through cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses or similar methods or technology. The same list is supported by a ban on any activity that interferes with a third party's ability to use or enjoy the Services and a ban on actions imposing an unreasonable or disproportionately large load on the infrastructure of the Services, eCW's systems or networks, or connected systems or networks.
Supporting quotations
(iii) interfere or attempt to interfere with, or damage or attempt to damage, the Services or the proper working of the Services, including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology;
(xi) engage in any activity that interferes with any third party's ability to use or enjoy the Services;
(xiii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or eCW's systems or networks, or any systems or networks connected to the Services or eCW;
Qualifications & exceptions
Covers attempted as well as completed interference or damage
The illustrative methods are cancel bots, denial of service attacks, flood pings, forged routing or email address information, harmful code, packet or IP spoofing, phishing, Trojan horses and viruses
Third-party interference is separately prohibited
The load provision reaches eCW's systems and networks and any connected systems or networks
Not stated here
The source does not quantify an unreasonable or disproportionately large load
Content & IP Rights · Restriction or exception
Scraping, deep-linking and hidden-text use of eCW marks are prohibited
The user shall not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or to reproduce or circumvent the navigational structure or presentation of the Services or any Content, or to obtain or attempt to obtain materials, documents or information through means not purposely made available through the Services. Separately, the user shall not use meta tags or other hidden text utilizing the eCW names, service marks, trademarks or product or service names. The manual-process wording shows the prohibition is not limited to automated tools.
Supporting quotations
(iv) use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services;
(ix) use any meta tags or any other hidden text utilizing the eCW names, service marks, trademarks, or product or service names;
Qualifications & exceptions
Covers automated devices and similar or equivalent manual processes
The objects reached are any portion of the Services or any Content
Also covers circumventing navigational structure or presentation
Separate ban on meta tags and hidden text using eCW names, marks or product or service names
Not stated here
The source does not describe any permitted indexing, accessibility or research exception
Account & Service Control · Restriction or exception
Misrepresenting identity, affiliation or using another user's account is prohibited
The user shall not misrepresent their identity, provide false information, impersonate another person or entity, misrepresent an affiliation with a person or entity including eCW, create or use a false identity, or attempt to use another user's account. The list separates misstatements about the user from impersonation and from use of an account belonging to someone else.
Supporting quotations
(v) misrepresent your identity, provide false information, impersonate another person or entity, misrepresent your affiliation with a person or entity, including, without limitation, eCW, create or use a false identity, or attempt to use another user's account;
Qualifications & exceptions
Covers false information as well as impersonation
Expressly includes misrepresenting affiliation with eCW
Includes creating or using a false identity and attempting to use another user's account
Using another user's account is framed as an attempt
Not stated here
The source does not describe identity verification or a procedure to correct account information
Security & Safeguards · Restriction or exception
Unauthorized access attempts and vulnerability testing are prohibited
The user shall not attempt to obtain unauthorized access to any website or mobile device application through the Services. The user also shall not probe, scan or test the vulnerability of the Services or any network connected to the Services, or breach the security or authentication measures on the Services or on any network connected to the Services. The second prohibition reaches connected networks as well as the Services themselves, and it applies to probing and scanning even where no access is obtained.
Supporting quotations
(vi) attempt to obtain unauthorized access to any website or mobile device application through the Services;
(xii) probe, scan or test the vulnerability of the Services or any network connected to the Services, or breach the security or authentication measures on the Services or any network connected to the Services;
Qualifications & exceptions
The access prohibition targets websites and mobile device applications reached through the Services
Testing and probing restrictions extend to any network connected to the Services
Breaching security or authentication measures is a separate prohibited act
Not stated here
The source does not describe an authorized testing or disclosure channel
Legal Rights & Agreement Rules · Restriction or exception
Spam and unsolicited solicitation are prohibited, with a written-permission carve-out
The user shall not engage, directly or indirectly, in transmission of chain letters, junk mail, spam or any other type of unsolicited solicitation. The user also shall not advertise, offer to sell or sell goods or services set forth in the Services, or otherwise use the Services to solicit other users, except as expressly permitted by eCW. The direct-or-indirect wording reaches transmission arranged through others, and the advertising ban carries an express-permission exception that the spam ban does not repeat.
Supporting quotations
(vii) engage, directly or indirectly, in transmission of chain letters, junk mail, spam, or any other type of unsolicited solicitation;
(x) advertise, offer to sell, or sell any goods or services set forth in the Services or otherwise use the Services to solicit other users, except as expressly permitted by eCW;
Qualifications & exceptions
The solicitation ban covers direct and indirect transmission
Named forms are chain letters, junk mail, spam and other unsolicited solicitation
The advertising, selling and user-solicitation ban applies except as expressly permitted by eCW
The eCW permission exception appears only in the advertising and solicitation clause
Not stated here
The source does not describe how express permission is requested or recorded
Data Access & Collection · Restriction or exception
Collecting or tracing information about other users without consent is prohibited
The user shall not collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users of the Services without their express consent, or other information relating to the Services. Consent must be express, and the prohibition covers attempted tracing as well as completed collection whether done by hand or by automated means.
Supporting quotations
(viii) collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users of the Services without their express consent or other information relating to the Services;
Qualifications & exceptions
Applies to information about other users of the Services
Requires the absence of the other users' express consent
Covers manual and automated means and seeking to trace, not only completed tracing
Also reaches other information relating to the Services, not just user information
Not stated here
The source does not describe how express consent from other users would be obtained or evidenced
Content & IP Rights · Restriction or exception
Reverse engineering, producing competing products and assisting violations are prohibited
The user shall not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble or translate any of the Services, or otherwise alter, defraud or create false results from any of the Services. The user shall not create any product or service that competes directly or indirectly with any of the Services, and shall not assist any third party in engaging in any activity prohibited by these Terms. The three clauses cover understanding the code, building a competing offering and helping someone else do either.
Supporting quotations
(xiv) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate any of the Services, or otherwise alter, defraud, or create false results from any of the Services; (xv) create any product or service that competes directly or indirectly with any of the Services; or (xvi) assist any third party in engaging in any activity prohibited by these Terms.
Qualifications & exceptions
The engineering ban is framed as an attempt and lists reverse engineering, reverse assembling, reverse compiling, decompiling, disassembling and translating
Also covers altering, defrauding or creating false results from the Services
Competition is prohibited whether direct or indirect
Assisting a third party in any prohibited activity is itself prohibited
Not stated here
The source does not describe how competition is assessed or what remedies apply to assistance
Content & IP Rights · Context
Postings are user-submitted files or messages that other users can access
The Services may at some point contain features that let a user submit content or messages in the form of text, pictures, drawings, designs, graphics, audio clips, video clips, documents or other files that are then accessed by other Services users or through the Sites or applications, and such a submission is a Posting. The availability is framed as possible rather than promised, so the posting rules below apply only if such functionality exists.
Supporting quotations
9. Communication of Other Information To and On the Services
The Services may at some point contain features that allow you to submit content or messages in the form of text, pictures, drawings, designs, graphics, audio clips, video clips, documents, or other files that are then accessed by other Services users or through the Sites or applications (a "Posting").
Qualifications & exceptions
The features are described as something the Services may at some point contain
A Posting can be text, pictures, drawings, designs, graphics, audio, video, documents or other files
Posted material is accessed by other Services users or through the Sites or applications
Not stated here
The source does not state whether posting features currently exist for this agreement version
Legal Rights & Agreement Rules · Restriction or exception
Postings must not restrict or inhibit other users' use and enjoyment
If posting functionality is available, the user shall not submit any Posting that restricts or inhibits any other user from using and enjoying the Services or any Affiliated Services, in whole or in part. The limit covers Affiliated Services as well as the Services, and the qualifier in whole or in part reaches partial interference.
Supporting quotations
(i) restricts or inhibits any other user from using and enjoying the Services or any Affiliated Services, in whole or in part;
Qualifications & exceptions
Applies only if the posting functionality is available
Protects use and enjoyment of the Services and any Affiliated Services
Partial as well as complete interference is covered
Not stated here
The source does not define what conduct counts as restricting or inhibiting another user
Legal Rights & Agreement Rules · Restriction or exception
Abusive, obscene, threatening and unlawful Postings are prohibited
The user shall not submit any Posting that is abusive, defamatory, inaccurate, indecent, false, libelous, misleading, obscene, offensive, pornographic, profane, threatening, sexually explicit, vulgar or unlawful in any manner. The same restriction reaches a Posting that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, rule or regulation. Both inaccurate content and content inviting unlawful conduct are covered, with unlawful in any manner setting the outer limit of the first list.
Supporting quotations
(ii) is abusive, defamatory, inaccurate, indecent, false, libelous, misleading, obscene, offensive, pornographic, profane, threatening, sexually explicit, vulgar, or unlawful in any manner;
(iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, rule or regulation;
Qualifications & exceptions
The content list is illustrative of prohibited qualities rather than exhaustive categories
Inaccurate, false and misleading content are separately named
The conduct clause covers encouraging as well as constituting an offense
It reaches civil liability and any law, rule or regulation, not only criminal offenses
Not stated here
The source does not describe who assesses whether a Posting is offensive or inaccurate
Content & IP Rights · Restriction or exception
Postings must not violate, plagiarize or infringe third-party rights
The user shall not submit any Posting that violates, plagiarizes or infringes the rights of third parties, including copyright, trademark, patent, rights of privacy or publicity or any other proprietary right. Plagiarism is named alongside infringement, and the clause ends with a residual proprietary right category.
Supporting quotations
(iv) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
Qualifications & exceptions
The rights named are copyright, trademark, patent, privacy, publicity and other proprietary rights
Plagiarism is prohibited separately from infringement
Protection runs to third parties rather than to eCW
Not stated here
The source does not describe a notice-and-takedown process here; the DMCA process appears in Section 4
Security & Safeguards · Restriction or exception
Postings must not contain viruses or other harmful components
The user shall not submit any Posting that contains a virus or other harmful component. The clause names viruses and adds a broader harmful-component category without further definition or exceptions.
Supporting quotations
(v) contains a virus or other harmful component;
Qualifications & exceptions
Applies to the content of a submitted Posting
Covers viruses and any other harmful component
Not stated here
The source does not define harmful component or describe scanning of Postings
Content & IP Rights · Restriction or exception
Postings may not contain commercial material, advertising or promotions
The user shall not submit any Posting that contains any information, software or other material of a commercial nature, or that contains advertising, promotions or commercial solicitations of any kind. The two clauses reach commercial material generally as well as advertising, and neither clause states an exception or a permission route in this section.
Supporting quotations
(vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; or
Qualifications & exceptions
The first clause covers information, software or other material of a commercial nature
The second clause covers advertising, promotions and commercial solicitations of any kind
No exception or permission route is stated in this section
Not stated here
The source does not define commercial nature here, and Section 8's express-permission exception applies to solicitation rather than to Postings
Legal Rights & Agreement Rules · Restriction or exception
Postings must not contain false or misleading statements of fact
The user shall not submit any Posting that constitutes or contains false or misleading statements of fact. The clause is limited to statements of fact, which leaves expressions of opinion outside its wording, and it reaches a Posting that consists of such a statement as well as one that merely contains it.
Supporting quotations
(viii) constitutes or contains false or misleading statements of fact.
Qualifications & exceptions
Limited to statements of fact
Covers a Posting that constitutes as well as contains such statements
Both false and misleading statements are named
Not stated here
The source does not describe how falsity is determined or who may challenge a statement
Content & IP Rights · Permission or license
Submitting a Posting grants eCW a perpetual, exclusive, sublicensable licence
By submitting or authorizing any Posting, the user grants eCW a perpetual, worldwide, royalty-free, exclusive, sublicensable and irrevocable right and licence to use, copy, reproduce, distribute, perform and display the Posting and any information contained in it, and derivative works of it, in whole or in part, in any form, media or technology known or hereafter developed, so long as the use is consistent with eCW's applicable obligations set forth in these Terms. The grant is triggered by submission or authorization rather than only by posting, it is described as exclusive, and its stated limit is consistency with eCW's obligations in the Terms rather than a user right to withdraw.
Supporting quotations
By submitting or authorizing any Posting, you grant eCW a perpetual, worldwide, royalty-free, exclusive, sublicensable and irrevocable right and license to use, copy, reproduce, distribute, perform, and display such Posting (and any information contained therein) and derivative works thereof, in whole or in part, in any form, media or technology known or hereafter developed as long as such use is consistent with eCW's applicable obligations set forth in these Terms.
Qualifications & exceptions
Triggered by submitting or authorizing a Posting
The grant is described as perpetual, worldwide, royalty-free, exclusive, sublicensable and irrevocable
Covers the Posting, information in it and derivative works, in whole or in part
Covers any form, media or technology now known or later developed
Limited to use consistent with eCW's applicable obligations in these Terms
Not stated here
The source does not define the scope of exclusive here or describe compensation, attribution or a withdrawal route
Content & IP Rights · Restriction or exception
The user waives moral-rights, privacy and publicity claims over Postings
The user irrevocably waives any claims based on moral rights or similar doctrines and theories, and based on the right of privacy, misappropriation, right of publicity, unfair competition and similar doctrines, theories and torts. The waiver is expressed as irrevocable and lists both statutory-style rights and similar common-law doctrines, and it is untied to any specific use in its wording.
Supporting quotations
you hereby irrevocably waive any claims based on moral rights or similar doctrines and theories, and based on the right of privacy, misappropriation, right of publicity, unfair competition and similar doctrines, theories, and torts.
Qualifications & exceptions
The waiver is irrevocable
Covers moral rights and similar doctrines and theories
Also covers privacy, misappropriation, publicity, unfair competition and similar doctrines, theories and torts
Not stated here
The source does not state whether the waiver is limited to Postings or extends to other content the user submits
Content & IP Rights · Company practice
Postings are not pre-screened, but eCW may block, edit or remove them
The user acknowledges and agrees that eCW will not pre-screen Postings, and that eCW and its designees have the right, but not the obligation, in their sole discretion, to block or restrict access to or the availability of, or to edit, disable or remove, any Posting available via the Services or the Affiliated Services. By way of example and without limiting that right, eCW and its designees may take those steps for a Posting that violates these Terms or is required to be reviewed, monitored, edited or deleted in accordance with Applicable Laws. The two statements sit together: no advance review, and a discretionary power to act afterwards that eCW is not obliged to exercise.
Supporting quotations
You acknowledge and agree that eCW will not pre-screen Postings, and that eCW and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to edit, disable or remove, any Posting that is available via the Services or the Affiliated Services.
By way of example and without limiting the foregoing, eCW and its designees may edit, disable, remove, or restrict access to or the availability of, any Posting that violates these Terms or is required to be reviewed, monitored, edited, or deleted in accordance with Applicable Laws.
Qualifications & exceptions
eCW states it will not pre-screen Postings
The moderation right is expressly a right and not an obligation
Discretion is eCW's and its designees' sole discretion
The examples are illustrative and do not limit the right
The steps named are blocking, restricting availability, editing, disabling and removing
Not stated here
The source does not describe notice to the author, an appeal route or retention of removed Postings
Legal Rights & Agreement Rules · Restriction or exception
Users bear liability for relying on Postings, and eCW disclaims Posting liability
The user shall evaluate and assume all liability associated with the use of any Postings, including any reliance on their accuracy, completeness or usefulness, and eCW disclaims any liability arising from the use of any Posting by the user or any third party. The allocation covers reliance on content quality as well as third-party use, and it does not carve out a remedy for eCW's own moderation decisions in its wording.
Supporting quotations
You shall evaluate and assume all liability associated with the use of any Postings, including any reliance on the accuracy, completeness, or usefulness of such Postings. eCW disclaims any liability arising from the use of any Posting by you or any third party.
Qualifications & exceptions
The user's assumption of liability covers reliance on accuracy, completeness or usefulness
The disclaimer covers use by the user and by any third party
It is phrased as all liability, without a stated exception in this passage
Not stated here
The source does not describe any exception for content eCW itself authors or edits
Content & IP Rights · Company practice
Using the Services consents to sponsored ads placed at eCW's discretion
The Services may include sponsored advertising, and the user acknowledges and agrees that by accessing, using or downloading the Services they consent to the presence of sponsored ads and services on the Services, with advertising placed at eCW's sole discretion. Such ads may be placed vertically on the left or right side, or horizontally at the bottom, of any displayed page. Sponsored ads are delineated from other content with boxes surrounding the advertisement, a different colored background or other similar means, and contain a header with words similar to Advertisement or Sponsorship. The consent is to presence and placement, and the passage describes labelling rather than any user control.
Supporting quotations
10. Ads; Communications with Users; Links To Third Parties
The Services may include sponsored advertising and you hereby acknowledge and agree that by accessing, using, or downloading the Services, you consent to the presence of sponsored ads and services on the Services, which advertising will be placed at eCW's sole discretion.
Sponsored ads are delineated from other content on the Services using boxes surrounding the advertisement, a different colored background or other similar means and contain a header with the words similar to "Advertisement or Sponsorship."
Qualifications & exceptions
Advertising is placed at eCW's sole discretion
Consent is given by accessing, using or downloading the Services
Placement is described as left, right or bottom of any displayed page
Sponsored ads are separated by a box, a different colored background or similar means
The header wording is described as similar to Advertisement or Sponsorship rather than fixed
Not stated here
The source does not describe how a user avoids sponsored ads or whether ads target the user
Sharing & Disclosure · Company practice
Users consent to marketing contact, texts and calls, and may revoke per the Privacy Policy
In addition to advertising on the Services, the user consents to eCW contacting them, through the Services or using the contact information provided, about offers, products or services of eCW or its partners that eCW believes may be of interest. The user further consents and agrees to receive text messages and phone calls from eClinicalWorks when using the Services, and understands and agrees that eCW may contact them in this manner. Consent may be revoked by contacting eClinicalWorks as set forth in the Privacy Policy. The stated revocation route runs through the Privacy Policy rather than through the Terms themselves.
Supporting quotations
In addition to the foregoing advertising, you consent to eCW contacting you, through the Services or using the contact information you have provided, regarding certain offers, products, or services of eCW or other of its partners that eCW believes may be of interest to you.
You further consent and agree to receive text messages and phone calls from eClinicalWorks when using the Services. Consent may be revoked by contacting eClinicalWorks as set forth in the Privacy Policy. You understand and agree that eCW may contact you in this manner.
Qualifications & exceptions
Contact may be through the Services or using contact information the user provided
The offers, products or services may belong to eCW or its partners
The subject matter is limited to what eCW believes may be of interest
Text messages and phone calls are expressly included
Revocation is by contacting eClinicalWorks as set forth in the Privacy Policy
Not stated here
The source does not describe response-time commitments, quiet hours or the mechanism the Privacy Policy specifies
Sharing & Disclosure · Permission or license
Service Specific Terms acceptance authorizes PHI use for advertising and push notifications
The user may also be asked to grant an authorization for eCW to use their PHI in connection with its business partners and the advertising, offers, products or services that may be directed to them, and for eCW to push notifications through the user's mobile devices. By accepting such Service Specific Terms in the process of accessing, using or downloading the Services, which includes registration for a user account, the user authorizes eCW to act in those manners as specified in the Service Specific Terms. The passage describes a separate authorization step and ties the resulting permission to the Service Specific Terms rather than to these Terms alone.
Supporting quotations
You may also be asked to grant an authorization for (i) eCW to use your PHI in connection with its business partners and the advertising, offers, products or services that may be directed to you, and (ii) eCW to "push" notifications to you through your mobile device(s).
By accepting such Service Specific Terms in the process of accessing, using, or downloading (such process including registration for a user account) the Services, you authorize eCW to act in these manners as specified in such Service Specific Terms.
Qualifications & exceptions
The authorization is framed as something the user may be asked to grant
PHI use is tied to business partners and advertising, offers, products or services directed to the user
Push notifications are authorized through the user's mobile devices
Acceptance of Service Specific Terms, including during account registration, supplies the authorization
The scope is what the Service Specific Terms specify
Not stated here
The source does not reproduce the Service Specific Terms, state whether the authorization is required to use the Services, or describe how it is revoked
Legal Rights & Agreement Rules · Restriction or exception
eCW disclaims control, warranties and liability for Linked Sites
The Services may contain links to websites of eCW affiliates, partners, advertisers or unrelated third-party companies, or links to other websites or mobile applications, collectively the Linked Sites. eCW states that it does not own and has no control over the Linked Sites, disclaims any liability and warranties, and makes no representations about the availability of those sites, their content, advertising material or the products or services available at or through them. The user acknowledges and agrees that eCW disclaims any responsibility or liability, including for direct or indirect damage, that may result from visiting a Linked Site, using its contents, products or services, contacting its owners or operators, or in connection with any Linked Site.
Supporting quotations
The Services may also contain links to the websites of eCW affiliates, partners, advertisers, or unrelated third party companies or links to other websites or mobile applications (collectively, "Linked Sites").
eCW does not own and has no control over the Linked Sites and disclaims any liability, and warranties, and makes no representations with respect to the availability of these Linked Sites, their content, advertising material, and the products or services available at or through the Linked Sites.
You acknowledge and agree that eCW disclaims any responsibility or liability, including for any direct or indirect damage, that may result from your visit to a Linked Site; from your use of the contents, products, or services of a Linked Site; from your contact with their owners or operators; or in connection with any Linked Site.
Qualifications & exceptions
Linked Sites include affiliates, partners, advertisers, unrelated third-party companies and other websites or applications
The disclaimer covers availability, content, advertising material and products or services
The liability disclaimer expressly includes direct and indirect damage
It reaches visiting a site, using its contents, products or services, and contacting its operators
Not stated here
The source does not describe any vetting of Linked Sites before a link is included
Legal Rights & Agreement Rules · Context
A link does not mean eCW endorses or is affiliated with the Linked Site
eCW states that it does not endorse any Linked Sites, is not bound by the terms and conditions, if any, of such Linked Sites, and that the existence of a Linked Site does not mean eCW has any affiliation, connection, endorsement or sponsorship of the site or its owners or operators. References or hypertext links to third-party names, logos or marks, including those of Linked Sites or their partners, products and services, do not constitute or imply endorsement, sponsorship or recommendation by eCW. The passage separates the fact of a link from any relationship or approval.
Supporting quotations
eCW does not endorse any Linked Sites, is not bound by the terms and conditions, if any, of such Linked Sites, and the existence of a Linked Site does not mean that eCW has any affiliation, connections, endorsement, or sponsorship of such Linked Sites or their owners or operators.
References or hypertext links made or included on the Services to any names, logos, or marks of third parties, including, without limitation, the Linked Sites' partners or Linked Sites' products and services, do not constitute or imply our endorsement, sponsorship, or recommendation.
Qualifications & exceptions
Covers Linked Sites and their owners or operators
eCW states it is not bound by Linked Site terms
The no-endorsement statement extends to third-party names, logos and marks referenced on the Services
Endorsement, sponsorship and recommendation are all denied
Not stated here
The source does not describe any case in which eCW would accept responsibility for a linked site's content
Legal Rights & Agreement Rules · Restriction or exception
Linked Site use is at the user's risk under that site's terms
The user acknowledges and agrees that use of a Linked Site is solely at the user's own risk and is subject to that Linked Site's terms of use, privacy policies and other practices. eCW states it has no obligation to inform or update the user about the terms and conditions of access, use or service, or the privacy policies of Linked Sites, and directs anyone with questions about a Linked Site to review that site's terms and privacy policy or contact the applicable party. Responsibility for the linked site's terms and practices is placed with the user and the Linked Site.
Supporting quotations
You acknowledge and agree that your use of a Linked Site shall be solely at your own risk and will be subject to that Linked Site's terms of use, privacy policies, and other practices. We have no obligation to inform or update you regarding the terms and conditions of access, use or service, or the privacy policies of Linked Sites.
Qualifications & exceptions
Use of a Linked Site is solely at the user's own risk
That site's terms of use, privacy policies and other practices govern
eCW has no obligation to inform or update the user about those terms or policies
Questions about a Linked Site are directed to that site or its operator
Not stated here
The source does not describe any notice eCW would give if a linked site's practices changed
Legal Rights & Agreement Rules · Context
The Privacy Policy is incorporated into the Terms
Section 11 states that eCW's Privacy Policy applies to use of the Services and that its terms are incorporated and made a part of these Terms. The Privacy Policy is identified by a link to request.eclinicalworks.com rather than reproduced in the agreement, so its data practices are governed by a separate document that forms part of the Terms.
Supporting quotations
11. Privacy
Our Privacy Policy applies to use of the Services, and its terms are hereby incorporated and made a part of these Terms.
Qualifications & exceptions
The Privacy Policy applies to use of the Services
Its terms are incorporated and made part of these Terms
The policy is identified by an external link rather than reproduced here
Not stated here
The Privacy Policy text, its version and any change-notice terms are not in this document, so the data practices it describes are not verified here
Legal Rights & Agreement Rules · Context
Users represent authority, no conflicting obligations and a binding contract
The user represents, warrants and covenants that they have the full power and authority to enter into and perform their obligations under these Terms; that their assent to and performance of those obligations do not breach or conflict with any other agreement or arrangement binding them or with any Applicable Laws; and that they are able to form a legally binding contract, with the Terms constituting legal, valid and binding obligations enforceable in accordance with their terms. Each statement is framed as a representation, warranty and covenant by the user, and they are grouped in a single introductory clause.
Supporting quotations
12. Your Representations, Warranties, and Indemnification to eCW
You represent, warrant, and covenant to eCW that: (i) you have the full power and authority to enter into and perform your obligations under these Terms; (ii) your assent to, and performance of, your obligations under these Terms do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any Applicable Laws; (iii) you are able to form a legally binding contract, and these Terms constitute legal, valid, and binding obligations on you, enforceable in accordance with their terms;
Qualifications & exceptions
Each item is a representation, warranty and covenant by the user
The no-conflict statement covers other agreements and Applicable Laws
Enforceability is stated in accordance with the Terms' own terms
Not stated here
The source does not describe any verification of authority or consequence specific to a false representation, beyond the indemnity below
Content & IP Rights · Restriction or exception
Users warrant they will not infringe IP or privacy rights when using the Services
The user represents, warrants and covenants that they will not infringe the patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right of eCW or any third party in their use of the Services or any Affiliated Services. The covenant covers both eCW's and third parties' rights, and its object is the user's use of the Services and Affiliated Services rather than content alone.
Supporting quotations
(iv) you will not infringe the patent, copyright, trademark, trade secret, right of privacy, right of publicity, or other intellectual property or proprietary right of eCW or any third party in your use of the Services or any Affiliated Services;
Qualifications & exceptions
Runs to eCW and any third party
Covers patent, copyright, trademark, trade secret, privacy, publicity and other proprietary rights
Attaches to use of the Services and any Affiliated Services
Not stated here
The source does not describe a remedy specific to this covenant apart from the indemnity
Account & Service Control · Restriction or exception
Users warrant their access information is complete, truthful and accurate
The user represents, warrants and covenants that they have provided complete, truthful and accurate information about themselves for purposes of accessing, using and downloading the Services. The warranty is about information supplied for access purposes, and it does not state whether the user must update it if it changes.
Supporting quotations
(v) you have provided complete, truthful, and accurate information about yourself for purposes of accessing, using and downloading the Services;
Qualifications & exceptions
Limited to information about the user provided for accessing, using and downloading the Services
The standard is complete, truthful and accurate
Not stated here
The source does not describe an obligation to update information when it changes
Legal Rights & Agreement Rules · Restriction or exception
Users warrant they will not use the Services for improper, harassing or unlawful purposes
The user represents, warrants and covenants that they are not using, and will not use, the Services, any Affiliated Services, or any information contained in them for any improper, harassing or unlawful purpose. The warranty covers use of information obtained through the Services as well as use of the Services themselves, and improper is not defined in the Terms.
Supporting quotations
(vi) you are not using, and will not use, the Services, any Affiliated Services, or any information contained therein for any improper, harassing, or unlawful purpose;
Qualifications & exceptions
Covers the Services, Affiliated Services and any information contained in them
Covers present and future use
The named purposes are improper, harassing and unlawful
Not stated here
The source does not define improper, which is broader than unlawful
Legal Rights & Agreement Rules · Restriction or exception
Users warrant compliance with Applicable Laws, including the Terms
The user represents, warrants and covenants that they will comply with all Applicable Laws in their use of the Services and the Affiliated Services, including these Terms. The Terms themselves are treated as part of the compliance standard, which links this warranty to every other obligation in the document.
Supporting quotations
(vii) you will comply with all Applicable Laws in your use of the Services and the Affiliated Services, including these Terms; and
Qualifications & exceptions
Applies in use of the Services and the Affiliated Services
The Terms are included within the compliance standard
Applicable Laws is the defined term used in Sections 7 and 8
Not stated here
The source does not describe monitoring of compliance or any cure period
Charges & Financial Obligations · Restriction or exception
Users warrant they are not paid consultants or financially interested in what they provide
The user represents, warrants and covenants that they are not a paid consultant or do not have any other financial interest in the information they provide on the Services or any Affiliated Services, including the promotion of off-label drug uses, the disclosure of the results of confidential clinical trials or any other proprietary information. The examples name drug-marketing and clinical-trial disclosures, and the covenant is phrased as a representation about the user's status and interests rather than as a ban on providing information.
Supporting quotations
(viii) you are not a paid consultant or have any other financial interests in the information you provide on the Services or any Affiliated Services including, but not limited to, the promotion of "off label" drug uses, the disclosure of the results of confidential clinical trials or any other proprietary information.
Qualifications & exceptions
Covers the information the user provides on the Services and Affiliated Services
The examples are off-label drug-use promotion, confidential clinical trial results and other proprietary information
Framed as absence of paid-consultant status or other financial interest
Not stated here
The source does not describe how financial interests would be disclosed or reviewed
Legal Rights & Agreement Rules · Restriction or exception
Users must indemnify eCW and its affiliates for third-party claims
The user agrees to indemnify and hold eCW and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members and managers (the Indemnified Parties) harmless from any and all damages, losses, costs, fines, settlements or expenses, including attorney's fees and costs, incurred in connection with any third-party Claim, including a regulatory or government authority or a third party in a judicial action or administrative proceeding. A Claim triggers the indemnity where it alleges facts that would constitute a breach of any provision of the Terms, arises from or is connected with the user's access, use or download of the Services, any Affiliated Services or their Content, or arises from the user's non-compliance with any Applicable Laws. The passage states no cap, notice procedure or control-of-defence term in its own text.
Supporting quotations
You agree to indemnify and hold eCW and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, and managers ("Indemnified Parties") harmless from any and all damages, losses, costs, fine, settlement, or expenses (including without limitation, attorney's fees and costs) incurred in connection with any third-party claim, demand or action (including, without limitation, any regulatory or government authority, or third party in a judicial action or administrative proceeding) ("Claim") brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of these Terms of Use; (ii) arising from, related to, or connected with your access, use or download of the Services, any Affiliated Services and/or its Content; or (iii) arising from, related to, or connected with your non-compliance with any Applicable Laws.
Qualifications & exceptions
Indemnified Parties are eCW and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members and managers
Covered amounts include damages, losses, costs, fines, settlements and expenses including attorney's fees
Claims include regulatory or government authority actions and judicial or administrative proceedings
The three grounds are breach allegations, connection with access, use or download of the Services or Content, and non-compliance with Applicable Laws
Not stated here
The source does not state a cap, a notice requirement or who controls the defence in this passage
Legal Rights & Agreement Rules · Context
Section 13 defines eCW Representatives to include volunteers and suppliers
For this section, eCW Representatives refers to eClinicalWorks, LLC and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, volunteers and suppliers. The definition is local to Section 13 and adds volunteers and suppliers to the corporate and individual roles named in the Section 12 indemnity.
Supporting quotations
As used below in this section, "eCW Representatives" refers to eClinicalWorks, LLC, and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, volunteers, and suppliers.
Qualifications & exceptions
Applies as used in Section 13
Includes volunteers and suppliers in addition to eCW's corporate affiliates, officers and personnel
Not stated here
The source does not describe the role volunteers or suppliers play in the Services
Legal Rights & Agreement Rules · Restriction or exception
Services and Content are provided as is with all warranties disclaimed
The Services, Content and any information included on or provided through the Services or the Affiliated Services, including related websites and applications, are presented on an as is basis without warranty of any kind, express or implied. The eCW Representatives disclaim all warranties and conditions, express, implied or statutory, including implied warranties or conditions of merchantability, fitness for a particular purpose and lack of negligence or workmanlike effort. The section adds that some states and jurisdictions do not allow limitations on implied warranties, so the limitation may not apply to a given user, and that the provisions are enforceable to the maximum extent permitted by Applicable Laws.
Supporting quotations
13. Disclaimers, Exclusions and Limitations
13.1. DISCLAIMER OF WARRANTIES
THE SERVICES, CONTENT AND ANY INFORMATION INCLUDED ON OR PROVIDED THROUGH THE SERVICES OR THE AFFILIATED SERVICES (INCLUDING ALL RELATED WEBSITES AND APPLICATIONS) ARE PRESENTED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE eCW REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF NEGLIGENCE OR WORKMANLIKE EFFORT. WITHOUT LIMITING THE FOREGOING PROVISIONS:
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
Qualifications & exceptions
Covers the Services, Content and information included on or provided through the Services and Affiliated Services, including related websites and applications
Names merchantability, fitness for a particular purpose and lack of negligence or workmanlike effort among the disclaimed warranties
Some jurisdictions do not allow implied-warranty limitations, so the limitation may not apply
Enforceable only to the maximum extent permitted by Applicable Laws
Not stated here
The source does not identify which jurisdictions limit the disclaimer or whether any express warranty survives elsewhere in the Terms
Legal Rights & Agreement Rules · Restriction or exception
Users bear sole responsibility for selecting the Services and for results obtained
The user assumes sole responsibility for selecting the Services and their Content to achieve the user's intended results, and sole responsibility for the use of, and results obtained from, the Services and their Content. The allocation is stated as a disclaimer item following the general warranty disclaimer rather than as a separate covenant.
Supporting quotations
(1) YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SERVICES AND/OR THEIR CONTENT TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM, THE SERVICES AND/OR THEIR CONTENT;
Qualifications & exceptions
Covers both selection of the Services and Content and the results obtained from them
Stated within Section 13.1's disclaimer list
Not stated here
The source does not describe how this allocation interacts with any obligation eCW retains elsewhere
Security & Safeguards · Restriction or exception
No warranty that the Services will be error-free, secure or free of interruptions
The eCW Representatives make no representation or warranty that the Services, any Affiliated Services or any Content will be error-free, secure, virus free, or free from interruptions, defects, other failures or harmful components; that they will satisfy the user's specific requirements or be compatible with the user's equipment, hardware, software or browser configuration; or that inaccuracies or errors will be corrected. The item lists these technical expectations expressly as matters not warranted.
Supporting quotations
(2) THE eCW REPRESENTATIVES MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES, ANY AFFILIATED SERVICES AND/OR ANY CONTENT WILL BE ERROR-FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE SERVICES, ANY AFFILIATED SERVICES AND/OR THEIR CONTENT WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT (MOBILE OR OTHERWISE) OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED;
Qualifications & exceptions
Covers the Services, Affiliated Services and Content
Names error-free, secure, virus free, interruption-free and free of harmful components as unwarranted
Also disclaims compatibility with the user's equipment, hardware, software and browser configuration
No commitment that inaccuracies or errors will be corrected
Not stated here
The source does not describe any security measures that are promised elsewhere in the document
Legal Rights & Agreement Rules · Restriction or exception
No warranty for information from third-party sources, including users
The eCW Representatives make no representation or warranty that information obtained from third-party sources, including any users of the Services, used on or within the Services or any Affiliated Services, or received in connection with converting or transmitting data in different formats, is accurate, timely or error free. The eCW Representatives also state that they are not responsible in any way for the information obtained from such sources.
Supporting quotations
(3) THE eCW REPRESENTATIVES MAKE NO REPRESENTATION OR WARRANTY THAT THE INFORMATION OBTAINED FROM THIRD PARTY SOURCES (INCLUDING, BUT NOT LIMITED TO, ANY USERS OF THE SERVICES) USED ON OR WITHIN THE SERVICES OR ANY AFFILIATED SERVICES OR RECEIVED IN CONNECTION WITH CONVERTING OR TRANSMITTING ANY DATA RECEIVED IN DIFFERENT FORMATS IS ACCURATE, TIMELY, OR ERROR FREE, AND THE eCW REPRESENTATIVES ARE NOT RESPONSIBLE IN ANY WAY FOR THE INFORMATION OBTAINED FROM SUCH SOURCES;
Qualifications & exceptions
Covers information from third-party sources, including users of the Services
Extends to data received in connection with converting or transmitting data in different formats
States the eCW Representatives are not responsible in any way for such information
Not stated here
The source does not identify which third-party sources supply information to the Services
Account & Service Control · Restriction or exception
No warranty that user access information or user postings are accurate
The eCW Representatives make no representation or warranty that the information users provide to gain access and permission to use the Services or any Affiliated Services, or other information posted by users, is accurate or error free. The item covers both the access credentials or registration information and user postings.
Supporting quotations
4) THE eCW REPRESENTATIVES MAKE NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED BY USERS TO GAIN ACCESS AND PERMISSION TO USE THE SERVICES, ANY AFFILIATED SERVICES, OR OTHER INFORMATION POSTED BY USERS IS ACCURATE OR ERROR FREE; AND
Qualifications & exceptions
Covers information users provide to gain access and permission
Also covers other information posted by users
Not stated here
The source does not describe any verification eCW performs on access information
Legal Rights & Agreement Rules · Restriction or exception
No representation about the suitability, character or integrity of participants
The eCW Representatives make no representation or warranty regarding the suitability of any persons participating in the Services or the Affiliated Services, or regarding the character or integrity of such persons. The item addresses people who participate in the Services rather than the content they provide.
Supporting quotations
(5) THE eCW REPRESENTATIVES MAKE NO REPRESENTATION OR WARRANTY REGARDING THE SUITABILITY OF ANY PERSONS PARTICIPATING IN THE SERVICES OR THE AFFILIATED SERVICES OR REGARDING THE CHARACTER OR INTEGRITY OF SUCH PERSONS.
Qualifications & exceptions
Covers any persons participating in the Services or Affiliated Services
Addresses suitability, character and integrity
Not stated here
The source does not describe any vetting or credential checks for participants
Legal Rights & Agreement Rules · Restriction or exception
Liability is excluded for all damages under any legal theory, including negligence
Under no circumstances and under no legal theory are the eCW Representatives or the third parties mentioned on the Services or Affiliated Services and their related websites and applications liable to the user or to any other person or entity for any damages whatsoever, including direct, indirect, special, incidental, consequential, exemplary, punitive or other damages, arising out of or related to use or inability to use the Services, Affiliated Services, related websites and applications or their Content, or otherwise under or in connection with any provision of the Terms. The exclusion applies even in the event of fault, tort including negligence and gross negligence, strict liability, breach of contract or breach of warranty, and even if the excluded parties were advised of the possibility of such damages. The section states no liability cap and instead excludes the listed damages outright, subject to jurisdictions that do not allow exclusion or limitation of incidental or consequential damages and to enforceability to the maximum extent permitted by Applicable Laws.
Supporting quotations
13.2. LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE eCW REPRESENTATIVES OR THE THIRD PARTIES MENTIONED ON THE SERVICES OR THE AFFILIATED SERVICES (AND ALL RELATED WEBSITES AND APPLICATIONS) BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY CHARACTER WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICES, THE AFFILIATED SERVICES, RELATED WEBSITES AND APPLICATIONS, AND/OR THEIR CONTENT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY THE eCW REPRESENTATIVES OR THE THIRD PARTIES MENTIONED ON THE SERVICES OR ANY AFFILIATED SERVICES (OR RELATED WEBSITES AND APPLICATIONS), AND EVEN IF THE eCW REPRESENTATIVES OR THE THIRD PARTIES MENTIONED ON THE SERVICES OR ANY AFFILIATED SERVICES (OR RELATED WEBSITES AND APPLICATIONS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
Qualifications & exceptions
Covers the eCW Representatives and third parties mentioned on the Services or Affiliated Services
Includes direct, indirect, special, incidental, consequential, exemplary and punitive damages
Applies despite fault, tort including negligence and gross negligence, strict liability, breach of contract or breach of warranty
Applies even if the excluded parties were advised of the possibility of damages
Some jurisdictions do not allow exclusion of incidental or consequential damages, so the exclusion may not apply
No monetary cap is stated in this passage; the exclusion replaces a cap
Not stated here
The source does not state whether any liability survives, such as for gross misconduct in a jurisdiction that voids such exclusions
Account & Service Control · Company practice
eCW may terminate access without prior notice on its own determination of a violation
The user agrees that eCW may, in its sole discretion and without prior notice, terminate the user's access to the Services and any related websites or applications if eCW determines in its sole discretion that the user has violated the Terms. Both the decision to terminate and the underlying determination of violation are committed to eCW's sole discretion, and neither notice nor a cure opportunity is required by this sentence.
Supporting quotations
14. Violation of These Terms of Use
You agree that eCW may, in its sole discretion and without prior notice, terminate your access to the Services and/or any related websites or applications if eCW determines in its sole discretion that you have violated these Terms.
Qualifications & exceptions
Termination covers access to the Services and related websites or applications
No prior notice is required
eCW determines both the violation and the termination in its sole discretion
Not stated here
The source does not describe an appeal, cure period or notice after termination
Sharing & Disclosure · Company practice
eCW may disclose any information about the user, including identity, for investigations or legal compliance
eCW may disclose any information it has about the user, including the user's identity, if it determines that disclosure is necessary as part of any investigation or complaint regarding the user's use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with eCW's rights or property or another person's rights or property. Separately, eCW reserves the right to disclose any information it deems necessary to comply with Applicable Laws, and also when it determines that Applicable Laws permit such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. The second ground covers disclosures that the law permits as well as those it requires.
Supporting quotations
eCW may disclose any information it has about you, including your identity, if it determines that such disclosure is necessary as part of any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with eCW's rights or property, or another person's rights or property.
eCW reserves the right to disclose any information eCW deems necessary to comply with any Applicable Laws, and also when it determines that Applicable Laws permit such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Qualifications & exceptions
Covers any information eCW has about the user, expressly including identity
The investigation ground applies to investigations or complaints about the user's use of the Services
A second ground covers disclosures needed to comply with Applicable Laws
A third ground covers disclosures eCW deems permitted by Applicable Laws, including fraud-protection exchanges with other companies and organizations
Not stated here
The source does not state whether the user is notified of such disclosures or which third parties receive them
Retention & Deletion · Company practice
eCW may preserve user communications with it
The user acknowledges and agrees that eCW may preserve any communication the user has with eCW through the Services or the Affiliated Services, or through any service offered on or through them. The preservation statement is permissive rather than mandatory, and the same sentence goes on to permit disclosure of those communications on the grounds in the disclosure claim.
Supporting quotations
You acknowledge and agree that eCW may preserve any communication by you with eCW through the Services and/or the Affiliated Services or any service offered on or through the Services and/or the Affiliated Services, and may disclose such communications when required by Applicable Laws or if eCW deems that such preservation or disclosure is reasonably necessary to:
Qualifications & exceptions
Covers communications by the user with eCW through the Services and Affiliated Services
Preservation is stated as may, not as a fixed retention period
Disclosure of preserved communications is permitted on the stated grounds
Not stated here
The source does not state how long preserved communications are kept
Sharing & Disclosure · Company practice
Preserved communications may be disclosed for legal process, enforcement, rights claims and safety
eCW may disclose preserved user communications when required by Applicable Laws, or if eCW deems preservation or disclosure reasonably necessary to comply with legal process; to enforce the Terms; to respond to a claim that any communication, information posted on the Services or Affiliated Services, or Content violates the rights of others; or to protect the rights, property or personal safety of eCW and its employees, users of or visitors to the Services and Affiliated Services, and the public. The necessity judgment for the last four grounds is eCW's own.
Supporting quotations
(1) comply with legal process; (2) enforce these Terms; (3) respond to a claim that any communication, information posted on the Services, the Affiliated Services, or Content violates the rights of others; or (4) protect the rights, property or personal safety of eCW and its employees, users of or visitors to the Services and/or the Affiliated Services, and/or the public.
Qualifications & exceptions
One ground is a legal requirement; the others rest on eCW deeming preservation or disclosure reasonably necessary
Named grounds are legal process, enforcing the Terms, responding to a rights-violation claim, and protecting rights, property or personal safety
The safety ground covers eCW and its employees, users and visitors, and the public
Not stated here
The source does not describe notice to the user before disclosure
Legal Rights & Agreement Rules · Restriction or exception
eCW may recover its attorney's fees and costs if it sues over a violation
If eCW takes legal action against the user as a result of the user's violation of the Terms, eCW is entitled to recover from the user, and the user agrees to pay, all reasonable attorney's fees and costs of that action, in addition to any other relief granted to eCW. The fee-shifting runs one way in this passage and is limited to actions taken as a result of a violation of the Terms.
Supporting quotations
If eCW takes legal action against you as a result of your violation of these Terms, eCW will be entitled to recover from you, and you agree to pay, all reasonable attorney's fees and costs of such action, in addition to any other relief granted to eCW.
Qualifications & exceptions
Applies when eCW takes legal action as a result of the user's violation of the Terms
Covers reasonable attorney's fees and costs
Is in addition to any other relief granted to eCW
No reciprocal fee recovery for the user is stated in this passage
Not stated here
The source does not state whether a court or arbitrator determines reasonableness
Legal Rights & Agreement Rules · Restriction or exception
eCW is not liable to the user or third parties for terminating access or removing content
The user agrees that eCW will not be liable to the user or to any third party for termination of the user's access to the Services or the Affiliated Services, or for removal of any communication or posting of information by the user or its contents, as a result of any violation of the Terms. The exclusion is tied to a violation-based termination or removal and names both the user and third parties as potential claimants.
Supporting quotations
You agree that eCW will not be liable to you or to any third party for termination of your access to the Services and/or the Affiliated Services or removal of any communication or posting of information by you, or contents thereof, as a result of any violation of these Terms.
Qualifications & exceptions
Covers termination of access and removal of communications, postings or their contents
Runs to the user and to any third party
Tied to termination or removal as a result of a violation of the Terms
Not stated here
The source does not describe any remedy the user retains if a termination is later found unjustified
Legal Rights & Agreement Rules · Company practice
eCW may limit the Services by person or geography, and offers are void where prohibited
eCW reserves the right to limit, in its sole discretion, the provision and quantity of any Service, Content, feature, product or service to any person or geographic area, whether because of local laws applicable in the area or otherwise. Any offer for a feature, product or service made on the Services or the Affiliated Services is void where prohibited.
Supporting quotations
15. Void Where Prohibited
eCW reserves the right to limit, in its sole discretion, the provision and quantity of any Service, Content, or feature, product, or service thereof to any person or geographic area, whether by reason of the local laws applicable in such geographic area or otherwise. Any offer for any feature, product, or service made on the Services and/or the Affiliated Services is void where prohibited.
Qualifications & exceptions
The limitation may be by person or by geographic area
The reason may be local laws or any other reason
The quantity as well as the provision of a Service or feature may be limited
Offers are void where prohibited
Not stated here
The source does not list the persons or areas currently limited
Account & Service Control · User right or choice
The Terms run while the user uses the Services, and the user may stop at any time
The Terms remain in full force and effect as long as the user continues to access, use or download the Services. The user may terminate use of the Services at any time by discontinuing use. A patient who wishes to disable a patient portal account is directed to contact the doctor's office rather than to a self-service setting.
Supporting quotations
16. Modification or Termination of the Services
These Terms will remain in full force and effect as long as you continue to access, use, or download the Services. You may terminate your use of the Services at any time by discontinuing use. If you are a patient and wish to disable your patient portal account, please contact your doctors office.
Qualifications & exceptions
Duration is tied to continued access, use or download of the Services
The user terminates by discontinuing use
Disabling a patient portal account requires contacting the doctor's office
Not stated here
The source does not state whether discontinuing use affects data already stored in a patient portal account
Account & Service Control · Company practice
eCW may change, suspend or discontinue any aspect of the Services without notice or liability
eCW reserves the right, in its sole discretion and without liability, to change, discontinue, improve, modify or suspend any aspect of the Services or the Affiliated Services, either temporarily or permanently, at any time and for any reason, without prior notice. Notification of such changes may be provided by updating the Terms or through other means such as email, so notice is optional rather than guaranteed.
Supporting quotations
eCW reserves the right, at its sole discretion and without liability, to change, discontinue, improve, modify, or suspend any aspect of the Services and/or Affiliated Services, either temporarily or permanently, at any time and for any reason, without prior notice. Notification of such changes may be provided by updating these Terms or through other means (e.g., email).
Qualifications & exceptions
Covers any aspect of the Services and Affiliated Services, temporarily or permanently
May occur at any time and for any reason
No prior notice is required
Notification may be given by updating the Terms or through other means such as email
Not stated here
The source does not describe any transition period or data-export option when a Service is discontinued
Retention & Deletion · Company practice
On termination all rights cease, use must stop, and eCW need not retain account records or data
Upon termination of the Terms, all rights granted to the user cease immediately, and the user must comply with any termination or other notice, including ceasing all use of the Services. eCW is under no obligation to retain any records of the user's Healow/Sunoh account or any data or information the user may have used, disclosed, processed, retrieved, transmitted or viewed through the Services. The passage states no export or retrieval period before records are discarded.
Supporting quotations
Upon termination of these Terms, all rights granted to you will cease immediately. You must comply with any termination or other notice, including ceasing all use of the Services. eCW is under no obligation to retain any records of your Healow/Sunoh account or any data or information you may have used, disclosed, processed, retrieved, transmitted, or viewed through the Services.
Qualifications & exceptions
All rights granted to the user cease immediately on termination
The user must comply with termination or other notices and cease all use
The no-retention statement covers Healow/Sunoh account records and data used, disclosed, processed, retrieved, transmitted or viewed through the Services
No retention period or export window is stated
Not stated here
The source does not state whether records may still be kept for legal or clinical-record requirements outside the Terms
Legal Rights & Agreement Rules · Context
Massachusetts law governs the Terms
The Terms are governed, construed and applied in all respects by the laws of the Commonwealth of Massachusetts, without regard to any provision governing conflicts of law. Section 2's acceptance passage had already flagged Section 17 as the choice-of-law section.
Supporting quotations
17. Governing Law
These Terms of Use shall be governed, construed, and applied in all respects by the laws of the Commonwealth of Massachusetts, without regard to any provision governing conflicts of law.
Qualifications & exceptions
Massachusetts law governs, construes and applies the Terms in all respects
Conflict-of-law provisions are excluded
Not stated here
The source does not address how mandatory consumer-protection law in the user's home jurisdiction would interact with this clause
Legal Rights & Agreement Rules · Procedure
Disputes go to AAA arbitration before three arbitrators, including arbitrability disputes
Any and all controversies, claims or disputes arising out of, relating to or connected with the Terms or the user's use of the Services or Affiliated Services are referred to and settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and any other applicable rules and procedures, by a panel of three arbitrators appointed in compliance with the Rules. The clause states that this includes all disputes over arbitrability, so arbitrability questions are committed to the arbitral process as well.
Supporting quotations
18. Arbitration
Any and all controversies, claims, or disputes arising out of, relating to, or connected with these Terms of Use or your use of the Services and/or the Affiliated Services shall be referred to and settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions set forth under the AAA's Commercial Arbitration Rules and any other applicable rules and procedures ("Rules") by a panel of three arbitrators appointed in compliance with the Rules. This includes all disputes over arbitrability.
Qualifications & exceptions
Covers controversies, claims or disputes arising out of, relating to or connected with the Terms or use of the Services or Affiliated Services
Administered by the American Arbitration Association under its Commercial Arbitration Rules
A panel of three arbitrators is appointed in compliance with the Rules
Expressly includes disputes over arbitrability
Not stated here
The source does not state how arbitration fees are paid or how the three arbitrators are selected beyond compliance with the Rules
Legal Rights & Agreement Rules · Procedure
Arbitration is held in Boston, allocates costs in the award and is enforced in Massachusetts federal court
The parties agree that the location of the arbitration, including all hearings, is Boston, Massachusetts; that the arbitral award addresses the costs and expenses of arbitration and all related matters, including their allocation between the parties; that the arbitrators' award is final and binding on the parties; and that the parties submit to the jurisdiction of the federal courts of Massachusetts to ratify an award made under the clause or to enforce it through those courts.
Supporting quotations
18.1. the location of the arbitration, including the location of all arbitration hearings, shall be Boston, Massachusetts;
18.2. the arbitral award shall address the costs and expenses of arbitration and all matters related thereto, including, the allocation of same between the parties;
18.3. the award of the arbitrators shall be final and binding upon the parties; and
18.4. the parties submit to the jurisdiction of the federal courts of Massachusetts for the purposes of ratifying any award made pursuant to arbitration proceedings conducted in accordance with this clause and/or may enforce the award through such courts.
Qualifications & exceptions
Arbitration and all hearings take place in Boston, Massachusetts
The award addresses costs and expenses and their allocation between the parties
The award is final and binding
Massachusetts federal courts have jurisdiction to ratify or enforce the award
Not stated here
The source does not specify a cost-allocation default or state how travel to Boston is handled
Legal Rights & Agreement Rules · Restriction or exception
Users waive the right to pursue disputes in court
By using the Services or the Affiliated Services, the user expressly waives the right to pursue all controversies, claims or disputes in court and instead must submit any such controversies, claims or disputes to arbitration as described above. The waiver is stated as arising from use, and it covers all controversies, claims and disputes within the arbitration clause's scope.
Supporting quotations
By using the Services and/or the Affiliated Services, you expressly waive your right to pursue all controversies, claims, or disputes in court and instead must submit any such controversies, claims, or disputes to arbitration as described above.
Qualifications & exceptions
Triggered by use of the Services or Affiliated Services
Waives court pursuit of all controversies, claims and disputes
Requires submission to the arbitration described in Section 18
Not stated here
The source does not describe any exception such as small-claims court or injunctive relief
Legal Rights & Agreement Rules · Restriction or exception
Claims must be brought individually, with no class or joined proceedings absent written agreement
Any arbitration, or litigation if arbitration of the action is not permitted by law, must be solely on behalf of an individual person and must not be consolidated or joined with the claims of any other person or brought on behalf of a putative class, unless previously agreed to in writing by both the user and eCW or the user and Healow, LLC. The clause applies to litigation as well as arbitration and is subject to a written-agreement exception naming eCW or Healow, LLC.
Supporting quotations
19. Waiver of Class and Joint Claims
Any arbitration (or, if arbitration of the action is not permitted by law, litigation) shall be solely on behalf of an individual person and shall not be consolidated or joined with the claims of any other person or brought on behalf of a putative class unless previously agreed to in writing by both you and eCW or you and Healow, LLC.
Qualifications & exceptions
Applies to arbitration or, where arbitration is not permitted by law, litigation
Proceedings must be solely on behalf of an individual person
No consolidation or joinder with another person's claims
No putative class representation without prior written agreement by both sides
The written-agreement exception names eCW or Healow, LLC
Not stated here
The source does not describe how a user would request such a written agreement
Legal Rights & Agreement Rules · Restriction or exception
eCW is not in breach for events beyond its reasonable control
eCW is not deemed to be in breach of the Terms, or liable for any breach of the Terms or its Privacy Policy, due to any event or occurrence beyond its reasonable control. The examples include acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, Internet outage, labor disturbance, earthquakes or floods, civil disorder, strikes, fire, pandemics, epidemics or other disaster, including natural, technological or social disasters.
Supporting quotations
20. Force Majeure
We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, Internet outage, labor disturbance, earthquakes or floods, civil disorder, strikes, fire, pandemics, epidemics, or other disaster (including without limitation, natural, technological, or social).
Qualifications & exceptions
Covers breaches of the Terms and of the Privacy Policy
Requires an event beyond eCW's reasonable control
Examples include network failures, electrical shortages, Internet outages, labor disturbances and disasters of a natural, technological or social kind
Not stated here
The source does not require notice to the user or set a limit on how long the excuse lasts
Legal Rights & Agreement Rules · Context
Void provisions are narrowed or replaced, and the rest of the Terms survive
If a court, arbitral tribunal, administrative officer or other entity of competent jurisdiction rules any provision of the Terms void or unenforceable, that provision is limited or eliminated to the minimum extent necessary and replaced with a valid provision that best furthers the intent of the Terms, while all remaining provisions stay in full force and effect. The replacement mechanism applies to any competent decisionmaker named, not only a court.
Supporting quotations
21.1. Severability
If any provision of these Terms are ruled by a court, arbitral tribunal, administrative officer or other entity of competent jurisdiction to be void or unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best furthers the intent of these Terms, with all remaining provisions remaining in full force and effect.
Qualifications & exceptions
Triggered by a ruling of a court, arbitral tribunal, administrative officer or other competent entity
The provision is limited or eliminated only to the minimum extent necessary
A replacement provision must best further the Terms' intent
Remaining provisions stay in full force
Not stated here
The source does not describe who selects the replacement provision
Cross-references
qualifies (model-proposed): Liability is excluded for all damages under any legal theory, including negligence — qualifies: Severability limits or eliminates a void or unenforceable provision to the minimum extent necessary and keeps the remaining provisions in force, so it governs what happens to the Section 13.2 exclusion where a state disallows part of it. The exclusion itself already claims enforceability to the maximum extent permitted by Applicable Laws, and the Section 13.2 passage notes that some jurisdictions do not allow the exclusion.
Legal Rights & Agreement Rules · Context
The Terms and Privacy Policy are the entire agreement, and eCW rejects counter-offers
The Terms and the Privacy Policy constitute the entire agreement between the user and eCW with regard to the user's access and use of the Services and Affiliated Services. No counter-offers to the Terms are accepted by eCW, and eCW rejects all such counter-offers. The entirety is stated with respect to access and use of the Services rather than to any subject matter at all.
Supporting quotations
21.2. Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and eCW with regard to your access and use of the Services and/or the Affiliated Services. No counter-offers to these Terms of Use shall be accepted by eCW, and eCW rejects all such counter-offers.
Qualifications & exceptions
The entire agreement comprises the Terms and the Privacy Policy
Its scope is access and use of the Services and Affiliated Services
Counter-offers to the Terms are rejected categorically
Not stated here
The source does not address how a customer's separate Customer Documents interact with this integration clause in this section
Cross-references
related (model-proposed): The Privacy Policy is incorporated into the Terms — references: The entire-agreement sentence names the Privacy Policy as part of the agreement between the user and eCW. The Section 11 card records that the policy is incorporated by reference and that its text, version and change terms are not supplied in this source.
Legal Rights & Agreement Rules · Company practice
eCW may assign its rights in the Services at its sole discretion
eCW may assign its rights, in whole or in part, in the Services or the Affiliated Services in accordance with its sole discretion. The clause addresses only eCW's assignment and states no corresponding right or restriction for the user.
Supporting quotations
21.3. Assignment
eCW may assign its rights, in whole or in part, in the Services and/or the Affiliated Services in accordance with its sole discretion.
Qualifications & exceptions
Assignment may be in whole or in part
The decision is at eCW's sole discretion
The clause does not address user assignment
Not stated here
The source does not state whether a user may transfer their account or rights
Legal Rights & Agreement Rules · Context
The Terms create no agency, partnership or joint enterprise
Nothing contained in the Terms creates any agency, partnership or other form of joint enterprise between the user and eCW. The disclaimer is a status statement about the relationship rather than a limit on any particular act.
Supporting quotations
21.4. No Agency
Nothing contained in these Terms creates any agency, partnership, or other form of joint enterprise between you and eCW.
Qualifications & exceptions
Covers agency, partnership and other forms of joint enterprise
Legal Rights & Agreement Rules · Context
eCW's failure or delay in enforcing the Terms is not a waiver
eCW's failure or delay to insist on or enforce strict performance of the Terms is not to be construed as a waiver of any provision or of any right eCW has to enforce the Terms. The clause is one-directional and addresses only eCW's enforcement conduct.
Supporting quotations
21.5. No Waiver
eCW's failure or delay to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver of any provision or any right that eCW has to enforce these Terms of Use.
Qualifications & exceptions
Covers both failure and delay
Refers to insisting on or enforcing strict performance
Preserves any provision and any enforcement right of eCW
Legal Rights & Agreement Rules · Restriction or exception
Claims must be filed within one year or are permanently barred
The user acknowledges and agrees that both parties intend to limit the period in which a claim may be filed, even if that period is shorter than the statute of limitations. The user therefore agrees that any cause of action arising out of or related to eCW must commence within one year after the cause of action accrues, and otherwise the cause of action is permanently barred. Section 2's acceptance passage had already identified Section 21.6 as the time-limit section.
Supporting quotations
21.6. Time Period for Filing Claims
You acknowledge and agree that it is the intent of both you and eCW to limit the period of time in which a claim may be filed, even if the period is shorter than that fixed by the statute of limitations. You therefore agree that any cause of action arising out of or related to eCW must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
Qualifications & exceptions
One year from accrual of the cause of action
Applies to any cause of action arising out of or related to eCW
Expressly intended to shorten any longer statute of limitations
Failure to commence in time permanently bars the cause of action
Not stated here
The source does not describe any tolling rule or exception for minors or incapacity
Legal Rights & Agreement Rules · Context
The Terms confer no rights or remedies on third parties
The Terms do not confer any rights or remedies on any third parties. This general statement sits alongside the Section 12 indemnity, which protects named Indemnified Parties through the user's obligation rather than by granting them rights under the Terms.
Supporting quotations
21.7. No Third Party Beneficiary
These Terms of Use do not confer any rights or remedies on any third parties.
Qualifications & exceptions
No rights or remedies are conferred on any third parties
The statement is unqualified as to which third parties
Legal Rights & Agreement Rules · Context
Terms govern Services eCW provides to Providers and, on their behalf, to patients
The Terms are said to govern access to and use of Services that eClinicalWorks, LLC provides to its customers (health care providers or their firms, called Providers) or on behalf of those customers to their patients. Services is defined as eCW products and services such as its websites (Sites), cloud electronic health record systems with associated systems such as practice management systems, mobile applications and other related products at which these Terms are posted. The Services may interact with eCW- or affiliate-operated products, including Healow, LLC (Affiliated Services), and with unaffiliated third-party services. The introduction states, pointing to Section 6, that eCW does not provide healthcare services, and Section 6 says use of the Services does not create a healthcare provider/patient relationship between the user and eCW or its affiliates.
Supporting quotations
These Terms of Use ("Terms") govern your access and use of Services (defined below) that eClinicalWorks, LLC ("eCW", "we", or "us") provides to our customers (health care providers or their firms, "Providers") or on behalf of our customers to their patients.
"Services" means eCW's products and services, such as our websites ("Sites"), cloud-electronic health records systems including associated systems such as practice management systems, mobile applications, and other related products at which these Terms are posted.
To be clear, and as discussed in Section 6, eCW does not provide any healthcare services.
6. Medical Disclaimers; No Provider/Patient Relationship; Provider Information
Your use of the Services and/or any information or Content that is included on or transmitted through the Services is not intended to and will not create any healthcare provider/patient relationship of any kind between you and eCW or its affiliates
Updated on April 3, 2026
Qualifications & exceptions
Services covers products at which these Terms are posted; Affiliated Services (including Healow, LLC) and Third Party Services are described as separate services
eCW states that it does not provide healthcare services and that no provider/patient relationship is created (Section 6)
Rights of Provider customers are directed to their Customer Documents rather than to the general grant in Section 2
Not stated here
The assignment scope excludes healow as a separate service; this card records only how the text classifies Affiliated Services
Legal Rights & Agreement Rules · Context
Service-specific terms and customer contracts control over these Terms on conflict
Where a Service presents its own service-specific terms of use, those terms control to the extent they conflict with these Terms. Where the user is a Provider, or accesses the Services on behalf of a Provider, a service agreement, business associate agreement or other document signed with eCW (Customer Documents) controls where it conflicts with these Terms. The text states both precedence rules but does not state which controls if Service Specific Terms and Customer Documents conflict with each other.
Supporting quotations
When using certain Services, you may be presented with a Service specific terms of use agreement ("Service Specific Terms"). To the extent these Terms conflict with the Service Specific Terms, the Service Specific Terms shall control.
If you are a Provider or are accessing the Services on behalf of a Provider, you or the Provider may have signed a service agreement, business associate agreement, or other document with terms and conditions for the Services ("Customer Documents"). Where these Terms and the Customer Documents conflict, the Customer Documents shall control.
Qualifications & exceptions
Service Specific Terms prevail over these Terms only to the extent of a conflict
Customer Documents prevail over these Terms only to the extent of a conflict
No stated rule resolves a conflict between Service Specific Terms and Customer Documents
Not stated here
The Service Specific Terms and Customer Documents themselves are not supplied in this saved source
Legal Rights & Agreement Rules · Procedure
Use or affirmation binds the user, and continued use accepts amended Terms
The capitalized notice says that by downloading, registering for access, accessing or using any of the Services at which the Terms are posted, or by affirming acceptance, the user agrees that they have read, understood and agreed to be bound by the Terms and the linked Privacy Policy, and that a user who does not agree must not use the Services. The Terms are described as a legally binding agreement between eCW and the user, whether the user acts for themself, for a minor, as a caregiver or on behalf of a Provider. eCW reserves the right, at its sole discretion, to change portions or all of the Terms and the Privacy Policy at any time; the user is responsible for checking periodically, and continued use means agreement to new or modified provisions. The notice points to Section 16 for how the Terms can be amended, while Section 16 in this source addresses changing or terminating the Services and says notification may be given by updating the Terms or by other means such as email.
Supporting quotations
BY DOWNLOADING, REGISTERING FOR ACCESS, ACCESSING, OR USING ANY OF THE SERVICES AT WHICH THESE TERMS ARE POSTED, OR BY AFFIRMING ACCEPTANCE OF THESE TERMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY
These Terms are a legally binding agreement made by and between eCW and you, whether you are using or accessing the Services for yourself, or on behalf of a minor or a person to whom you are a caregiver, or on behalf of a Provider).
eCW reserves the right, at its sole discretion, to make changes to portions or all these Terms and the Privacy Policy at any time.
You are responsible for checking these Terms and the Privacy Policy periodically for changes. Your continued use of the Services means that you agree to any new or modified provision of these Terms or the Privacy Policy accessible through the Services.
Notification of such changes may be provided by updating these Terms or through other means (e.g., email).
Qualifications & exceptions
Acceptance may occur by conduct (use) or by affirmative acceptance
Changes may be made at eCW's sole discretion with no stated minimum notice period
The Privacy Policy is linked in the acceptance notice and incorporated by Section 11
Not stated here
The notice cites Section 16 for amendment, but Section 16 addresses modification or termination of the Services and notification methods rather than a standalone amendment procedure
The Privacy Policy is linked from this notice, but its text is not supplied in this source; this card records only that the Terms link it and purport to bind users to it, and cannot say what that document requires, permits or how it may change
Legal Rights & Agreement Rules · Context
Terms persist while the Services are used and end on termination or discontinuation
Section 2 states the Terms remain in effect at all times until the user ceases using the Services and deletes all related applications, or until terminated in accordance with Section 16. Section 16 states the Terms remain in full force as long as the user continues to access, use or download the Services, that the user may terminate use at any time by discontinuing use, and that upon termination all rights granted to the user cease immediately and the user must comply with any termination notice, including ceasing all use. eCW may also change, discontinue or suspend any aspect of the Services or Affiliated Services at any time and for any reason without prior notice and without liability, and states it has no obligation to retain records of a Healow/Sunoh account or data used through the Services.
Supporting quotations
These Terms shall remain in effect at all times until you cease using the Services and delete all applications related to the Services or otherwise terminated in accordance with Section 16 below.
These Terms will remain in full force and effect as long as you continue to access, use, or download the Services. You may terminate your use of the Services at any time by discontinuing use.
eCW reserves the right, at its sole discretion and without liability, to change, discontinue, improve, modify, or suspend any aspect of the Services and/or Affiliated Services, either temporarily or permanently, at any time and for any reason, without prior notice.
Upon termination of these Terms, all rights granted to you will cease immediately.
eCW is under no obligation to retain any records of your Healow/Sunoh account or any data or information you may have used, disclosed, processed, retrieved, transmitted, or viewed through the Services.
16. Modification or Termination of the Services
Qualifications & exceptions
User-side termination requires discontinuing use; deleting applications is stated as a condition in Section 2
eCW may suspend or discontinue Services or Affiliated Services without prior notice and without liability
No retention obligation is stated for Healow/Sunoh account records upon termination
Not stated here
The source does not define Sunoh, and Healow is elsewhere described as an affiliate-operated service
Content & IP Rights · Permission or license
Non-Provider users get a limited, revocable, non-transferable licence for personal use
For users other than Provider customers, eCW grants a personal, limited, revocable, non-exclusive and nontransferable right to access and use the Services and Content for personal and noncommercial use only, and reserves all rights it does not expressly grant. Provider customers are instead referred to their Customer Documents for the grant of rights.
Supporting quotations
If you are a Provider customer of eCW, please refer to your Customer Documents with eCW for the grant of rights to the Services.
Otherwise, eCW grants you a personal, limited, revocable, non-exclusive, nontransferable right to access and use the Services and Content for your personal and noncommercial use only.
eCW reserves all rights that it does not expressly grant to you under these Terms.
Qualifications & exceptions
Licence is limited, revocable, non-exclusive and nontransferable
Use is limited to personal and noncommercial purposes
Provider customers obtain rights under their Customer Documents, not this grant
Not stated here
The source states no separate fee or consideration for this licence
Content & IP Rights · Restriction or exception
eCW claims its marks and Content and restricts copying or exploitation
Section 3 lists registered and common-law eCW marks and prohibits their use without eCW's express written permission, while stating that third-party marks belong to their owners. Content is defined broadly to include the listed media and information as well as the arrangement, coordination, design, expression, look and feel, selection and structure of that content; it is owned, controlled or licensed by or to eCW and protected by copyright, trade dress, trademark and other intellectual property and unfair competition laws, with eCW reserving all rights, title and interests in the Content and Services. Except as expressly provided in the Terms or with eCW's express written consent, users must not copy, modify, reformat, lease, loan, sell, distribute, encode, post, publicly display, publish, republish, reproduce, derive creative works from, translate, upload or otherwise exploit any part of the Services and Content.
Supporting quotations
You shall not use the eCW Marks without the express, written permission of eCW.
The proprietary contents of the Services include, without limitation, the animations, applets, audio, data, design, graphics, illustrations, images, information, eCW Marks, music, photographs, text, video, and any other files displayed, used and/or available on or through the Services (the "Content"), as well as the arrangement, coordination, design, expression, look and feel, selection, and structure of such Content.
The Content is owned, controlled, or licensed by or to eCW, and is protected by copyright, trade dress, trademark, and other intellectual property rights and unfair competition laws. eCW reserves all rights, title, and interests in the Content and the Services.
Except as expressly provided in these Terms or by eCW's express written consent, you shall not copy, modify, reformat, lease, loan, sell, distribute, encode, post, publicly display, publish, republish, reproduce, derive creative works from, translate, upload, or otherwise exploit in any manner any part of the Services and Content.
Qualifications & exceptions
Marks may be used only with eCW's express written permission
The prohibition yields to rights expressly provided in the Terms or by eCW's express written consent
Content includes the arrangement, coordination, design, look and feel, selection and structure of the listed materials
Not stated here
The source does not state which uses, if any, eCW treats as implied or nominative fair use