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Organano Systems Inc 

Terms of Use

 

Last Updated: October 1, 2024

Welcome to the Organano Systems Inc (“Company”) website available at https://mapsmobileanesthesia.com/ (“Site”). Please read the following terms and conditions (the “Terms of Use”) carefully before using the Site. At Organano Systems Inc, we provide practice management and EMR software services tailored for mobile anesthesiologists in the form of a customizable Software-as-a-Service (SaaS) solution.

By accessing the Site, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use the Site. We recommend that you keep a printed copy of these Terms of Use for future reference. The Company Privacy Policy is incorporated by reference into these Terms of Use.

These Terms of Use and the information provided herein in no way override any prior terms and conditions. We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms of Use or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions.

We will notify you of any changes to these Terms of Use that we deem material by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made, emailing you notice of such changes to the email address on file through your registration (if applicable) and by changing the “Last Updated” date at the top of this web page. You are responsible for reviewing the Terms of Use periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to these Terms of Use. Any access or use of the Site by you after revisions or additions to these Terms of Use shall constitute and be deemed to be your acceptance of such revisions or additions. 

A Special Note About Children

In recognition of our special obligation to protect personal information obtained from children under the age of 13, we comply with the Children’s Online Privacy Protection Act (COPPA). We only collect personal information from children under 13 as permitted by COPPA and with parental/guardian consent. The types of information we may collect include name, address, email address, and interests, and we use this information solely for the purposes specified at the point of collection. 

Intellectual Property Ownership and Use

Please be aware that as you use the MAPS Mobile Anesthesia application and navigate through the website located at https://mapsmobileanesthesia.com/ (‘Site’), your use of the Site and all related services is subject to applicable laws governing ownership and use of intellectual property. This includes, but is not limited to, the Company’s trademarks, copyrights, and proprietary software.

For International Users: The Site and the MAPS Mobile Anesthesia application are hosted in the United States and intended for and directed to users in the United States. By using the Site and the application, you are consenting to subject yourself to the laws and jurisdiction of the United States. The Company retains all rights to the intellectual property contained within the MAPS Mobile Anesthesia application and the Site. Unauthorized use or reproduction of any content, features, or functionality may lead to legal action for infringement of the Company’s intellectual property rights.

Trademarks & Copyright

Unless otherwise stated, all materials, including images, illustrations, designs, icons, photographs, sounds, video clips, charts, logos, and any other materials that are part of the ‘MAPS Mobile Anesthesia’ application (accessible via https://mapsmobileanesthesia.com/ or associated web portals and applications), are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by the Company. The ‘MAPS Mobile Anesthesia’ application and its entire contents are protected by copyright, trademark, and trade dress, with all worldwide rights, titles, and interests therein owned by the Company.

Except as explicitly authorized by these Terms of Use or within the application itself, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written consent of the Company or the respective copyright/trademark owner. The Company grants you a limited, non-exclusive, non-transferable, and revocable license to view—and for system users and subscribers, to use—these copyright and trademark materials for purposes directly related to the use of the ‘MAPS Mobile Anesthesia’ application, provided that you adhere to all copyright and other proprietary notices contained in the original materials.

The material and content accessible from the ‘MAPS Mobile Anesthesia’ application, as well as any other web portals owned, operated, licensed, or controlled by the Company, represent the proprietary information of the Company or the party that has provided or licensed the content to the Company, whereby such providing party retains all rights, titles, and interests in the content. Therefore, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of the content, except as expressly provided in these Terms of Use, infringes upon the Company’s intellectual property rights. Title and intellectual property rights are not transferred to you by access to the ‘MAPS Mobile Anesthesia’ application.

Linked Third Party Sites

You may be able to link (through various methods including hyperlinks, clickable images or words, banners, and widgets) from the Company’s website and its associated applications to third-party websites, applications, and services, and third-party websites may link to https://mapsmobileanesthesia.com and its associated applications (“Linked Sites”). Linked Sites are not operated, controlled, or maintained by the Company, and you acknowledge and agree that the Company has no responsibility for any information, content, advertising, products, services, or other materials on any Linked Sites, and that links to Linked Sites do not constitute an endorsement, approval, or sponsorship thereof by the Company. The Company disclaims all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide, and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences. You should read the terms and conditions and privacy policies available on such Linked Sites.

Optional Tools

The Company may provide you with access to third-party tools on the application, which may be used by mobile anesthesiologists, clinics, patients, or group practice administrators to enhance their experience with the software services provided by the Company. The Company neither monitors nor has any control nor input over these third-party tools. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. The Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the application or website at https://mapsmobileanesthesia.com/ is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). The Company may also, in the future, offer new services and/or features through the application and website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

Non-Confidential Information

Except for information explicitly required to utilize the services provided by the Company, including but not limited to the scheduling, pre-op, charting, and billing functionalities within the Company’s software, please do not send to the Company any confidential or proprietary information through the Company’s website and related applications. Any information, materials, suggestions, ideas, or comments sent to the Company that are not required for the specified use of the service will be considered non-confidential, and by submitting it, you grant the Company the absolute right to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, without payment or other compensation to you. However, the Company will not use your name unless required by law to identify the source of the materials, information, suggestions, ideas or comments, unless we first obtain your permission. The Company shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission. The Company retains the right, in its sole discretion and without prior notice, to remove, revise, or refuse to post any user content for any reason or no reason.

Errors and Inaccuracies

The Company makes every effort to ensure that the information provided through its software application, including on https://mapsmobileanesthesia.com/ and associated platforms, is complete, accurate, and current. Despite our efforts, there may be instances of typographical mistakes, inaccuracies, or omissions related to the scheduling, pre-op, charting, billing, and other functions managed through the application. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. It is acknowledged that such errors or inaccuracies may involve critical medical, demographic, or billing data, for which the Company will implement corrective actions in adherence with industry standards and regulatory compliance.

Force Majeure

In the event of a force majeure, the Company shall not be required to fulfill its contractual obligations. During such events, the Company may, at its option, suspend its services under the Terms and Conditions for the duration of the force majeure event or terminate the agreement in its entirety.

Force majeure refers to any situation beyond the Company’s control that materially impacts its ability to perform its services. These events may include, but are not limited to, natural disasters, war, acts of terrorism, civil disturbances, government action or intervention, pandemics, failure of third-party network providers, and any other events that could not be reasonably foreseen or provided against. The Company will take reasonable steps to notify affected users of the occurrence of such an event. Upon the occurrence of a force majeure event, it shall be the responsibility of the user to make any claims with their own insurance providers or other relevant entities.

Disclaimer of Liability

The Company makes no representations or warranties of any kind, whether express or implied, with respect to the MAPS Mobile Anesthesia software application, related web portals (including the Site), or the information available on or through them; they are provided “as is,” with all faults. 

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE OR WEB PORTALS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of the software application or related web portals (including the Site), or your downloading or uploading of any materials, data, text, images, video, or audio from or to the software application or web portals. If you are dissatisfied with the software or web portals, your sole remedy is to discontinue using them. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, successors, and assigns, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your use of the Company’s software application and related services, including, but not limited to, (i) your violation of this Agreement, (ii) the unauthorized or improper use of the Company’s software or services, (iii) any harm caused to a third party as a result of your use of the software or services, including without limitation any violation of privacy laws or infringement of intellectual property rights, (iv) any use of the software or services to process or handle data of children under the age of 13 in non-compliance with applicable laws, or (v) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the software through your account.

Security

Violations of system or network security may result in civil or criminal liability. The Company reserves the right to investigate occurrences and prosecute any user(s) who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Company’s software application, including, without limitation, the following:

    • Accessing data not intended for you or logging onto a component of the software application, such as the web portal or admin panel, which you are not authorized to access;
    • Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
    • Attempting to interfere or interfering with the operation of the Company’s software application, our provision of services to any other users, our hosting provider, or our network, including, without limitation, via means of submitting a virus, overloading, “flooding”, “mailbombing” or “crashing” the software application; and
    • Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission to the software application.

Geographical Use

Although the Company’s software application, accessible via https://mapsmobileanesthesia.com/ and associated web portals, is primarily designed for use by mobile anesthesiologists and group practice administrators in the United States, the Company makes no representation that the services or content provided are appropriate or available for use in locations outside of the United States. The Company does not claim that the software application or services are accessible or appropriate outside of the United States. Access to the services from territories where the content is illegal is not permitted. If you access the Company’s services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Mediation

Mediation is a process under which the Company submits its dispute to an impartial, neutral mediator who will work with the Company to achieve a mutually acceptable resolution of the dispute. The mediator is not empowered to impose a solution on the Company. The parties agree to first pursue in good faith the mediation of any dispute arising out of the subject matter of this agreement before resorting to arbitration or any other legal remedy. Should a dispute arise, the Company will notify the other party of the dispute and the parties will engage a mediator from a recognized mediation service provider agreed upon by both parties. If the parties cannot agree on a mediator, a mediator will be appointed by an independent body with experience handling such matters. The costs of the mediation, including the fees of the mediator, will be shared equally by the parties unless otherwise agreed.

Arbitration

Any controversy or claim arising out of, or relating to, this contract, the breach thereof, or the use of the MAPS Mobile Anesthesia application shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the State of California, and the arbitration shall be conducted in the English language. The parties agree that any arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. The prevailing party in any arbitration or court proceeding may be awarded reasonable attorneys’ fees and expenses in addition to any other relief to which the party may be entitled.

Governing Law and Jurisdiction

These Terms of Use and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties agree exclusive jurisdiction shall be in Los Angeles County, California for any and all issues arising out of the Terms of Use or any related documents or transactions.

Miscellaneous

The Company’s failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. These Terms & Conditions, and any other policies or operating rules posted by the Company on the https://mapsmobileanesthesia.com/ website or in respect to the services provided, constitutes the entire agreement and understanding between you and the Company and govern your use of the services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and the Company (including, but not limited to, any prior versions of the Terms & Conditions).

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party. In the event that any provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions; such a determination shall not affect the validity and enforceability of any other remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms & Conditions or your use of the services. You may not assign these Terms & Conditions or any of your rights or obligations under these Terms without the Company’s express written consent. These Terms & Conditions inure to the benefit of the Company’s successors, assigns, and licensees.

The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect. Any disputes arising under or in connection with these Terms & Conditions shall first be resolved through mediation or arbitration at the Company’s discretion, as per the preference indicated by the Company.