ERPHealth, LLC – Terms of Service
Last updated: June, 2023
This Terms of Service (“ToS” or “Terms”) is a statement of rules and a contract between ERPHealth, LLC, a Pennsylvania limited liability company (“ERPHealth”, the “Company”, “us”, “we”, or “our”) and users, which a user must agree to abide by in order to use our service. Users can include, but are not limited to patients, healthcare providers, patient treatment facilities, sober living staff, etc. (“User(s)”, “you”, or “your”). This ToS was created and prepared by ERPHealth. Please read this ToS carefully before using the digital behavioral health platform (“Platform”) and Patient or Provider Portal. The platform, application, portal and any and all services provided by ERPHealth, i.e. the Platform, Patient or Provider Portal, or application can be referred to as the “Services” or the “ERPHealth Services”.
ERPHealth only offers accounts to healthcare providers and patient treatment facilities. While patients are able to use the Platform through their healthcare provider or patient treatment facility, they are not customers, clients, or patients of ERPHealth. An individual patient cannot set-up an ERPHealth account. All ERPHealth accounts must be created by a healthcare provider or a patient treatment facility. The healthcare provider or patient treatment facility has entered into a master services agreement with ERPHealth. To the extent any of the provisions of these Terms conflict with the master services agreement, the master services agreement shall prevail.
By using or accessing the Services, you agree to this ToS, as updated from time to time by ERPHealth. If ERPHealth makes changes to the ToS, we will notify you of the change as described below under “Additional Terms”. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on Platform. Your continued use of the Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
ERPHealth is a Platform that uses a suite of clinical services to customize behavioral healthcare in real-time. The Platform allows patient users to engage in evidence-based therapies and self-report surveys. The Platform organizes, analyzes and utilizes the data to generate individualized treatment plans, inform clinical scheduling, and provide insight into potential, new and more effective treatment protocols. Finally, the Platform colates the findings and shares them with healthcare providers and patient treatment facilities to establish continuity of care.
If you violate the letter or spirit of this ToS, or otherwise create a risk or possible legal exposure to ERPHealth, or for any other reason that ERPHealth, in its sole discretion deems necessary, ERPHealth can stop providing all or part of the Services to you. ERPHealth will notify you by the email you provided in your registration for the Services or at the next time you attempt to access your account of any termination of Services.
Your access to and use of ERPHealth Services is conditioned upon your acceptance of and compliance with these Terms, and any terms, policies, or guidelines referenced herein upon creating a User profile. These Terms apply to Users who access or use ERPHealth Services. By accessing or using the Services, you agree to be bound by these Terms.
IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU MUST EXIT THE ERPHEALTH PLATFORM IMMEDIATELY AND DISCONTINUE ANY USE OF THE INFORMATION AND THE SERVICES.
If you are a healthcare provider that is using the Platform you expressly warrant and affirm that you have obtained the appropriate consent(s) from your patient related to the collection of Personal Data and/or PHI. If you are a patient that is using the Platform you specifically and expressly consent to the collection and storage of the Personal Data and PHI.
These Terms apply to both patients and covered entities.
ERPHealth hereby incorporates by reference any additional terms, conditions and privacy notices to this ToS as if set forth fully herein.
Welcome to ERPHealth. We provide the Services via the Platform. Please be aware that the Services provided by ERPHealth may change from time to time, and depending on the change, it may or may not alter the terms of this ToS. Each patient is added to the ERPHealth Platform by their healthcare provider, however the patient is required to activate his/her Patient Portal Account (“PPA”). A healthcare provider will include in the patient’s PPA Personal Information such as first name, last name, email address, and date-of-birth (“Personal Information”). In addition to Personal Information, the PPA will include insurance information, therapist, clinic, treatment start date, diagnosis, current and past goals, current and past functional outcomes score, and adherence to treatment questionnaires (protected health information or “PHI”). This ToS and the Privacy Notice apply to all Users regardless of whether they are patients, providers, or patient treatment facilities.
This ToS governs a User’s access to and use of the Services. By accessing or using the Services, the User agrees to be bound by these Terms as if these Terms were signed by the User in ink on a hard-copy agreement.
Should the User encounter any bugs, glitches or other forms of troubleshooting related issues, please contact us at email@example.com.
The remainder of this ToS is intended to act as a contract between ERPHealth and all visitors, Users, and others who access or use the Services. The terms, restrictions, disclaimers, and other legal notifications will affect the way the Users access and use our Services.
Rules of User Conduct
ERPHealth offers unique Services that allow a User to engage in evidence-based therapies and self-report surveys, organize, analyze and utilize the data to generate individualized treatment plans, inform clinical scheduling, and provide insight into potential, new and more effective protocols. Therefore, it is imperative that all Users respect the sensitive nature of the information and data stored on the Services. ERPHealth recommends that all Users enable two-factor authentication (“2FA”) when using the Services. Please keep in mind that if a User enables 2FA, they are consenting to receiving text messages from ERPHealth and also agree to accept any charges that may be associated with receiving text messages.
As a condition to your right to access and use the Services, you agree to these Terms and to strictly observe the following rules of conduct (“Rules of Conduct”):
Do comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
Do provide accurate information to us and update it as necessary.
Do review and comply with our Privacy Notice and the ToS.
Do review and comply with notices sent by us concerning the Services.
DO NOT use the Services to obtain illicit drugs or substances that are not prescribed by a licensed healthcare professional.
DO NOT act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable information or other content (“Content”).
DO NOT include information in the Services, except in designated fields, that reveals the identity Personal Information or PHI unless necessary for treatment purposes.
DO NOT use any information, data or content you view or obtain from our Services to provide any services that are competitive with our Services.
DO NOT imply or state, directly or indirectly, that you are affiliated with or endorsed by ERPHealth, unless you have entered into a written agreement with ERPHealth that expressly permits you to say that.
DO NOT rent, lease, loan, trade, sell or re-sell access to the Services or any Content (other than Content you personally own) or any data on the Services.
DO NOT use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any part of the Services.
DO NOT use bots or other automated methods to add or download Content or send or redirect messages or other permitted activities other than through ERPHealth sanctioned tools.
DO NOT access the Services for purposes of monitoring its availability, performance or functionality, or for any competitive purpose.
DO NOT engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services.
DO NOT access the Service by any means other than through the interfaces provided by ERPHealth.
DO NOT override any security component included in or underlying the Services.
DO NOT engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to, unsolicited communications to other users or ERPHealth personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses.
DO NOT remove any copyright, trademark or other proprietary rights notices contained in or on the Services, including any of our notices or notices of our licensors, or any notices of any other users (for more information, see below under “ERPHealth Portal, Ownership and Copyright Notice”).
DO NOT collect, use or transfer any information, including any Personal Information, obtained from the Services, except as expressly permitted in the Terms or as the patient may expressly permit in writing.
DO NOT interfere with or disrupt the Services, including but not limited to any servers or networks connected to the Services.
DO NOT infringe or use the Services’ or ERPHealth brands, logos, trademarks or service marks, including, without limitation in any business name, email, or URL.
DO NOT access, tamper with, or use non-public areas of the Services, ERPHealth computer systems, or the technical delivery systems of ERPHealth.
DO NOT forge any Transmission Control Protocol/Internet Protocol (“TCP/IP”) packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
DO NOT upload, post, email, transmit or otherwise make available or initiate any communication, Content or data that:
Any inappropriate or pornographic image.
Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresents your affiliations with a person or entity, past or present.
Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable.
Adds to a data field any information that is not intended for such a field (i.e., submitting an email address in the “title” or any field other than a field requesting an email address).
Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships, including without limitation any insider information, proprietary information or confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements.
Infringe or misappropriate any patents, trademarks, trade secrets, copyrights or other rights.
Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy, erase or limit the functionality of any computer software or hardware or telecommunications equipment.
Forges headers or otherwise manipulates identifiers in order to disguise the origin of any communication.
Services are Not Intended for Direct Use by Minors/Children
Minors are not permitted to use the Services without being under the direct supervision of a parent/guardian, educator, or other responsible adult. Parents and other guardians or custodians may be granted access, subject to applicable law and appropriate verification, of information concerning their minor children. Adults should not assist minors in accessing the Platform unless the minor is being supervised by a parent/guardian, educator, or other responsible adult. If a minor is going to use the Services, the Parent/Guardian or educator (i.e. a teacher is setting up the Services for use in a classroom setting) must set up the user account with their own credentials. When visitors enter information or use the Services, the User is representing that he/she is an adult over 16 years old. We will not communicate directly with a minor.
If you believe that a child under 16 may have provided us with any information, please contact us at firstname.lastname@example.org.
Disclaimers, No Representations or Warranties
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON THE SERVICES, OR ANY CONTENT OR INFORMATION ON OR IN THE SERVICES. WE PROVIDE THE SERVICES AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY ANYTHING RELATED TO THE SERVICES, YOU MAY STOP USING THE SERVICES AS FURTHER STATED IN THE TERMINATION PROVISION BELOW. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY. WE NEITHER WARRANT NOR REPRESENT THAT USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE USERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
WE DO NOT GUARANTEE THAT THE SERVICES, OR ANY COMPUTER HOSTING THE SERVICES, ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL PARTICLES.
UNDER NO CIRCUMSTANCES IS ERPHEALTH RESPONSIBLE IN ANY WAY FOR THE INFORMATION POSTED BY USERS OR THIRD PARTIES NOT UNDER THE DIRECT CONTROL OF ERPHEALTH. NOR IS ERPHEALTH RESPONSIBLE FOR ANY ACTIONS TAKEN BY THIRD PARTIES TO WHOM YOU SHARE INFORMATION RELATED TO TREATMENT OF A PATIENT, A PATIENT PROVIDING PHI TO HIS/HER HEALTHCARE PROVIDER, OR GIVE ACCESS TO YOUR PPA.
BY ACCESSING AND/OR USING THE SERVICES, YOU EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK AS TO THE QUALITY AND/OR PERFORMANCE OF THE SERVICES.
YOU FURTHER AGREE TO ASSUME THE RISK TO THE ACCURACY AND QUALITY OF THE CONTENTS OF THE SERVICES.
YOU AGREE AND UNDERSTAND THAT YOU ARE FULLY AND COMPLETELY ASSUMING THE RISK AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY FILE WHEN USING THE CONTENTS OF THE SERVICES, ANY MATERIAL CONTAINED THEREIN AND/OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES.
NO MATERIAL CONTAINED WITHIN OR PROVIDED THROUGH THE ERPHEALTH PLATFORM SHOULD BE CONSTRUED AS MEDICAL ADVICE AND/OR TREATMENT. A LICENSED HEALTHCARE PROVIDER IS THE ONLY INDIVIDUAL QUALIFIED TO PROVIDE MEDICAL ADVICE AND/OR TREATMENT AND TO INTERPRET THE DATA THAT IS INPUT AND STORED IN THE ERPHEALTH PLATFORM. ERPHEALTH DOES NOT PRACTICE MEDICINE AND NO PHYSICIAN OR NURSE TO PATIENT RELATIONSHIP IS CREATED AS A RESULT OF YOUR USE OF THE ERPHEALTH PLATFORM.
ERPHEALTH IS NOT RESPONSIBLE FOR THE EFFECTIVENESS OF ANY TREATMENT OR COURSE OF TREATMENT. THE INFORMATION ON THE PLATFORM IS FOR ADVISORY PURPOSES ONLY AND IS NOT INTENDED TO SUPPLANT OR REPLACE THE TREATMENT OR CARE OF A LICENSED HEALTHCARE PROVIDER.
Limitation of Liability and Indemnification
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
YOU AGREE AND UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL ERPHEALTH BE LIABLE FOR ANY LOSS OR DAMAGES RELATED TO YOUR RELIANCE ON ANY INFORMATION CONTAINED IN OR RELATED TO THE SERVICES. YOU ASSUME FULL RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SERVICES.
NEITHER WE NOR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, EMPLOYEES, MEMBERS, OR DIRECTORS (“ERPHEALTH AFFILIATES”) SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, PAID BY YOU TO ERPHEALTH DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.
NEITHER ERPHEALTH NOR ANY ERPHEALTH AFFILIATE SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER BASED IN EQUITY, CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY), SHALL ERPHEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERRUPTION COSTS, OR ANY OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATED TO, CAUSED BY, OR RESULTING IN ANY WAY FROM DAMAGE FROM ANY SECURITY BREACH OR ANY OTHER SECURITY INTRUSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
ERPHEALTH SHALL NOT BE LIABLE FOR DATA PROTECTION LOSSES (HOWSOEVER ARISING, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER OR IN CONNECTION WITH THIS POLICY UNLESS SUCH DATA PROTECTION LOSSES ARE CAUSED BY THE PROCESSING OF PERSONAL DATA UNDER THIS POLICY AND THE LOSS IS SOLELY AND DIRECTLY A RESULT OF A BREACH OF THIS POLICY.
IN NO CIRCUMSTANCES WILL ERPHEALTH BE LIABLE FOR ANY DATA PROTECTION LOSSES (OR THE CIRCUMSTANCES GIVING RISE TO THEM) IF THOSE LOSSES ARE CONTRIBUTED TO OR CAUSED BY THE USER OR BY THE ANY BREACH OF THIS POLICY BY THE USER, OR CAUSED BY AN INDIVIDUAL NOT UNDER THE DIRECT CONTROL OF ERPHEALTH.
FOR THE AVOIDANCE OF DOUBT, THE LIABILITY CAP AND LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS AGREEMENT APPLY SO AS TO LIMIT AND EXCLUDE THE LIABILITY OF ERPHEALTH. YOU UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USING THE SERVICES.
BY ACCESSING AND USING THE SERVICES YOU AGREE TO MAKE ERPHEALTH, ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND STRATEGIC PARTNERS WHOLE FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES, REGULATORY FINES/PENALTIES, AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, ARISING FROM AND RELATED TO ITS USE OF THE SERVICES OR ANY VIOLATION OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. YOU AGREE TO PAY REASONABLE ATTORNEYS FEES RELATED TO ERPHEALTH FOR THE ENFORCEMENT OF ANY PROVISION OF THIS TOS.
ERPHealth Portal, Ownership and Copyright Notice
ERPHealth claims a copyright in all proprietary and copyrightable text, graphics and computer code on the Platform, including, but not limited, the location and arrangement of the ERPHealth created materials on the Platform. ERPHealth also claims a copyright in all proprietary and copyrightable text, graphics and computer code associated with the Services. This claim includes and extends to all information contained in the public domain of the Portal, logos, servicemarks, trademarks, trade names, and trade dress (whether registered or unregistered) that appear on the Platform are proprietary to ERPHealth and its owners.
You agree to comply with applicable data protection and data privacy laws in accordance with this ToS. To the extent that any of the work, the delivery of any products, or the performance of any Services by ERPHealth involves the exchange of Personal Data, as defined by the European Union’s General Data Protection Regulation (Regulation 2016/679) (hereinafter “GDPR”), or the California Consumer Privacy Act of 2018 (“CCPA”) you agree to notify ERPHealth prior to the transfer of any such Personal Data. You acknowledge and consent to the transfer and processing of any Personal Data by ERPHealth within the United States.
Content and Information Exchange
The Platform provides the ability for a patient and his/her healthcare provider to store and track certain PHI related to the patient’s treatment and progress. Any information exchanged through the Services could be construed as Sensitive Data, including the information provided to create a PPA. If you decide to exchange your information with third-parties, ERPHealth has no control over how those third-parties may use that information. You are solely responsible for the exchange of your personal information, PHI, Sensitive Data or data protected by intellectual property laws.
To the extent that you provide Sensitive Data, copyrighted, or data otherwise protected by intellectual property laws on behalf of another person to ERPHealth, Users acknowledge that the terms of this ToS will apply to the transfer of any such data. The User has an affirmative obligation to secure the Sensitive Data or proprietary data that he/she provides, exchanges, or uploads to the Services.
ERPHealth Safety and Account Registration/Security
Users are responsible for safeguarding the password that they use to access the Service and for any activities or actions under his/her username and password. Therefore, you must not share or disclose your password with anyone. ERPHealth recommends that you should use a “strong” password for each account that is unique to your Patient or Provider Portal or to access any account and one that is not used on any other service or account, e.g., a password that is not a dictionary term or other word, and combines numbers, upper case letters, lower case letters, and non-alphanumeric characters. The User acknowledges that passwords may be compromised no matter how strong the password. ERPHealth is not liable to you for any loss or damage arising from any third-party accessing or using your account without your permission, regardless of how the third-party accesses your account.
Please take precautions to protect your username and password, and contact us at email@example.com if you believe your account has been accessed by an unauthorized person or compromised in any fashion.
Protecting Other People’s Rights
We respect other people’s rights and expect Users to do the same. You will not post content or take any action on the Platform that infringes or violates someone else’s rights or otherwise violates the law. We can remove any content or information on the Platform if we believe, based solely on our judgment and within our sole and exclusive discretion, that it violates this Statement, our policies or the spirit of the ERPHealth community.
If we remove your content for any reason, and you believe we removed it by mistake, you have the ability to appeal that decision by sending an email to firstname.lastname@example.org which explains why you believe that ERPHealth should permit the content. It is within the sole and exclusive judgment of ERPHealth whether the content is ultimately determined to be re-uploaded. If you repeatedly infringe other people’s legal rights, we reserve the right to disable your account.
Cancellation, Deletion or Termination of User
If a User wishes to cancel, delete, or terminate his/her PPA in its entirety, the User must contact ERPHealth. In order to remove a User’s login information, the User must contact ERPHealth at email@example.com and make that request.
Text Messages and Opt-Out Choices
ERPHealth will use text messages to communicate with Users for various reasons related to the provision of the Services including, for example, sending an SMS text when a User does not complete a task. Message frequency varies. ERPHealth will not use text messages for marketing purposes.
The User can cancel the SMS service at any time. Just text “STOP” to the short code. After the User sends the SMS message “STOP” to ERPHealth, we will send you an SMS message to confirm that the User has been unsubscribed. After this, you will no longer receive SMS messages from ERPHealth. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
Users who are experiencing issues with the messaging program can reply with the keyword HELP for more assistance, or you can get help directly at firstname.lastname@example.org.
Our rights: We reserve the right at all times (but will not have an obligation) to remove or refuse to collect or distribute any Content on the Services, to suspend or terminate Users, and to reclaim usernames and change passwords without liability to the Users. We also reserve the right to access, read, preserve, and disclose any data, information or other Content as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and the applicable user Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ERPHealth, its users, and the public.
Entire Agreement: These Terms, together with the Privacy Notice, and the Master Services Agreement (if applicable) which is incorporated herein by this reference as if set forth herein in its entirety, constitute the entire, complete and exclusive agreement between User and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and the Privacy Notice.
Amendments to these Terms: We reserve the right to modify, supplement, or replace these Terms, effective upon no less than thirty (30) days prior written notice. Upon opening the Services for the first time after any changes to these Terms are made, you will be prompted to review the Terms within the Services. Your continued use of the Services after any such update or modification shall confirm your agreement to the modified version of the Terms. If you do not want to agree to changes to the Terms, you may terminate your account with us, or otherwise terminate your use of the Services, prior to the modified Terms taking effect, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding your use of the Services. Only modifications, supplements or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.
No Informal Waivers, Agreements or Representations: Any failure by any party to act with respect to a breach of these Terms by the User or others does not waive any right to act with respect to that breach or any subsequent breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by any party, ERPHealth or its Affiliates shall be deemed legally binding on the other party or its Affiliates, unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms, and that an authorized officer of ERPHealth has executed physically or electronically.
Choice of Law/Governing Law and Arbitration Clause
These Terms and any action related thereto will be governed by the law of the Commonwealth Pennsylvania, and the federal laws of the United States of America, without regard to or application of any conflict of laws provisions or principles. Any dispute between us or arising out of these Terms, their performance, or the Service shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules. The language of the arbitration shall be English.
To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court or other tribunal of competent jurisdiction.
Proceedings will be conducted on an individual basis. Neither the User nor ERPHealth may seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another proceeding without the prior written consent of all parties to the arbitration or proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and will be administered by the AAA pursuant to its Supplementary Rules for Class Arbitrations, with the remaining parts proceeding in individual arbitration.
If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
How to contact us
If you have any questions regarding this Terms of Service please contact us at email@example.com. We will keep a copy of your message until we have had an opportunity to address your concern. We may archive your message for a certain period of time or discard it, but its email address will not be used for any other purpose.