Terms of Service - ISYS Case Management Solutions, Inc

ISYS Solutions, Inc. and affiliates (the “Company”), located in Brea, CA, provides its Service (as defined below) and access to its Website (as defined below) subject to the following Terms of Service Agreement; which may be updated by the Company from time to time with or without notice.
This Terms of Service Agreement (the “Agreement”) is between you as the user of the Company’s Website (“User”) on the one side, and the Company on the other. User agrees to read the terms of the Agreement, and to accept it in its entirety prior to accessing the Website. By accessing the Website, by clicking “Submit” on any forms from the Website, and/or using the medical case management services (“Services”) provided by Company based on interaction with the Website, User accepts and agrees to be bound and abide by the following terms and conditions. If for any reason, User does not wish to agree to the terms contained herein, User shall not access the Company’s Website or use its Service in any manner whatsoever.

1 Definitions. The following definitions apply within this Agreement:
- 1 “Acceptance” means that User accepts the terms of this Agreement and has manifested its acceptance through the access and use of the Company’s Website.
- 2 “Educational Content” means the full extent of Company’s educational, instructional and/or training-related information located on the Website, or provided to User separately as a result of interaction with the Website.
- 3 “Electronic Data Files” means data stored as audio files, graphic files, text, PDF, or video files, which may be included in the course of business-to-business service delivery and User interaction with the Website.
- 4 “Intellectual Property Rights” means all intellectual property rights worldwide arising under statutory or common law, and whether or not perfected, including, without limitation, all: (i) Patents and patent applications; (ii) Rights associated with works of authorship, including copyrights, copyright applications and copyright registrations; (iii) Rights relating to the protection of trade secrets, know how, technology and confidential information; (iv) Rights relating to the protection of databases, lists and other compilations of data; (v) Moral rights and industrial property; and (iv) Divisions, continuations, renewals, reissues and extensions of the foregoing (as and to the extent applicable) now existing, hereafter filed, issued or acquired.
- 5 “Website” means the Web site owned or controlled by the Company, located and accessible at the universal resource locator/address http://www.isyscm.com .
- 6 “Website Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, meta data, or other materials presented on or otherwise contained in the Website.
- 7 ″User Generated Content” means Website Content that is created, uploaded, provided, posted, or otherwise made available by users of the Website. (For example, a user may provide Company with a Testimonial or Review that is displayed on the Website).

Access. User acknowledges that the traffic of data through the Internet may cause delays during the download of information or Content from the Website. User further acknowledges that the Website and the Website Content may not be available on a continual, twenty-four (24) hour basis due to such delays and due to delays caused by the Company upgrading, modifying, or maintaining the Website, and User shall hold the company harmless for any such delays.

Modifications to Service. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. User agrees that the Company shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Service or the Website. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

Referral Submission. In consideration of User’s use of the Service, User represents that he/she is of legal age to form a binding contract and is not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. User also agrees to: (a) provide true, accurate, current and complete information about himself/herself and the clients being referred for services, as prompted within the referral forms or Contact Us forms (the “Referral Data”) and (b) maintain and promptly update the Referral Data to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend, limit, or terminate User’s account and refuse any and all current or future use of the Service, or any portion thereof. User further acknowledges and agrees that all information provided by User is governed by Company’s Privacy Policy.

Rules of Conduct. User is responsible for all Website Content that User uploads, posts, emails, transmits or otherwise makes available via the Service. Under no circumstances will the Company be liable in any way for any User Generated Content or other third-party Website Content, including, but not limited to, any errors or omissions in any such content, or any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, transmitted or otherwise made available via he Service. This provision limiting liability is void, inapplicable, and unenforceable within the State of New Jersey.

User understands and agrees that the Website may not be used to:

1 Infringe the Intellectual Property Rights of any third party or of the Company, including, but not limited to, posting, distributing, storing, transmitting, or destroying any material in any manner that will infringe on any Intellectual Property Rights of others;
2 Post, upload, distribute, store, or transmit any information that User does not have the right to disclose or make available under any law or under contractual or fiduciary relationship (such as insider information or proprietary research);
3 Stalk, intimidate, or harass anyone or otherwise violate the privacy or personal rights of others;
4 Upload, post, distribute, email, transmit or otherwise make available any content that Company deems in any way to be vulgar, obscene, threatening, abusive, fraudulent, libelous, defamatory, hateful, racially or ethnically objectionable, or unlawful;
5 Upload, post, email, distribute, transmit or otherwise make available any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or other telecommunications equipment;
6 Engage in any activity that violates any laws, including, but not limited to, conspiring to violate laws or transmitting any material that, intentionally or unintentionally, violates any applicable local, state, federal, or international law, rules or regulations;
7 Harvest or collect email addresses or other contact information from other users of the Service or Website by electronic or other means for any purpose, including, but not limited to, unsolicited emails or other unsolicited communications;
8 Forge headers or otherwise manipulate any identifiers in order to disguise the origin of any communication made or transmitted through the Service or Website;
9 Impersonate, falsely state, or otherwise misrepresent, either intentionally or by omission, User’s identity, age, affiliation with any entity, current or previous position, or any other personal information;
10 Upload, post, email, transmit, distribute, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “spam”, “pyramid schemes”, “junk mail”, “chain letters”, or any other form of solicitation;
11 Upload, post, email, transmit, distribute, share, or otherwise make available any material or content that, in the sole judgment of Company, is objectionable or which inhibits in any way any other person from enjoying or using the Site, or which may expose Company to harm or liability of any type;
12 Violate, or attempt to violate the security of the Website, including but not limited to, attempting to access user information not belonging to User or using or attempting to use another’s account for any purpose without authorization from Company; or
13 Interfere or attempt to interfere with the normal operation of the Website or the Service by overloading the Website, mailbombing, crashing, or submitting a virus to the site, forging any information or TCP/IP header information, or any other method used to deny service.
Violations of this Agreement. Upon violation by User of any term of this Agreement, including the Rules of Conduct set forth above, the Company shall be entitled to the following remedies, which remedies shall be cumulative and shall be in addition to and not in limitation of any other rights or remedies available to the Company at law or in equity:
1 The Company may issue warnings, written or verbal;
2 the Company may suspend or terminate User’s rights and privileges granted hereunder or otherwise suspend or terminate User’s account;
3 the Company may remove any statements or other materials which violate the rules of conduct set forth in this Agreement;
4 the Company may bill User for any administrative costs or other costs or expenses resulting from or relating to User’s violation; and/or
5 the Company may bring legal action to enjoin User’s violation(s) and/or to collect damages caused by User’s violation(s).
Contributions to Website. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to the Company through its suggestion, feedback or Contact Us webpages, User acknowledges and agrees that: (a) User’s Contributions do not contain confidential or proprietary information; (b) the Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) the Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) the Company may have something similar to the Contributions already under consideration or in development; (e) the User’s Contributions automatically become the property of the Company without any obligation of the Company to User; and (f) User is not entitled to any compensation or reimbursement of any kind from the Company under any circumstances. This website accepts comments, reviews, or other communications (“Comments”) from users through the Contact Us page on the website and also through the exchange of Referral Data. Submission of Comments is voluntary. Any Comments submitted shall be our exclusive property. The act of submitting Comments will serve as an assignment to Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We reserve the right to use the Comments for any purpose without further notice or compensation to you. Please consider this when submitting Comments and only submit Comments you wish to assign to us.
Intellectual Property Rights. The Website, the Website Content, and any other images, text, programs, and other materials posted on the Website are the proprietary property of the Company, its Users, advertisers, licensors, content providers/presenters or affiliates and are protected by federal and international copyright, trademark and other intellectual property laws. Any reproduction, retransmission, distribution or republication of all or part of any Website Content or any other images, text, programs, and other materials found on the Website is expressly prohibited, unless the Company or the copyright owner of the material has expressly granted its prior written consent to so reproduce, transmit, or republish the material. All other rights reserved. All trademarks, service marks and logos referred to or appearing on the Website are the property of their respective owners. The names, trademarks, service marks and logos of Company appearing on the Website may not be used in any advertising or publicity, or otherwise to indicate the Company’s sponsorship of or affiliation with any product or service, without Company’s prior express written permission.
Communications from Company. User understands and agrees that by accessing the Website, by clicking accept or agree to the Terms of Service, and/or using the services provided by Company on the Website, User has agreed to “opt in” to receive emails or other communications from Company, including but not limited to communications related to Services being provided, customer service, comments submitted, job inquiries, and promotion or solicitation of future business-to-business service transactions.
Disclaimers
1 If the Website contains links to other sites and resources provided by third parties, these links are provided for User’s convenience only. Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from User’s use of them. If User decides to access any of the third-party websites linked to this Website, User does so at their own risk and subject to the terms and conditions of use for such websites.
This provision is void, inapplicable, and unenforceable within the State of New Jersey.

Limitation of Liability.
1 IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE TO USER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OR RESULTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) LOST DATA, INTERRUPTIONS IN SERVICE, OR INABILITY TO USE OR ACCESS THE WEBSITE OR SERVICE; (iii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM USER’S ACCESS TO AND/OR USE OF THE WEBSITE; (iv) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR; (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2 USER SPECIFICALLY ACKNOWLEDGES THAT THE WEBSITE AND THE COMPANY SHALL NOT BE LIABLE FOR USERS’ SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT RISK OF HARM OR DAMAGE FROM THE FORGOING RESTS ENTIRELY WITH USER.
This provision is void, inapplicable, and unenforceable within the State of New Jersey.

No Warranties.
1 USER AGREES THAT THE WEBSITE AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USER’S USE OF THE SERVICE IS AT USER’S SOLE RISK. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW, AS TO THE OPERATION OF THE WEBSITE, THE SERVICE OR THE INFORMATION, WEBSITE CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THE WEBSITE AND SERVICE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET USER’S REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICE, INCLUDING THE CONTENT, WILL MEET USER’S EXPECTATIONS; AND (V) THE CONTENT IS CURRENT AND ACCURATE AND DOES NOT CONTAIN ANY ERRORS OR MISREPRESENTATIONS.
2 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE COMPANY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION AND SECTION 15 MAY NOT APPLY TO USER.
This provision is void, inapplicable, and unenforceable within the State of New Jersey.

Indemnity. By using the Website, User agrees to defend, indemnify and hold harmless the Company, its officers, directors, employees, agents, contractors, partners, and advertisers from and against any direct, indirect, incidental, special, consequential, or exemplary damages and any claims, actions, loss, liability, or demands, including, without any limitation, reasonable legal fees and accounting fees resulting from: (i) User’s use of and access/connection to the Website or Service; (ii) User’s violation of any term of this Agreement; (iii) User’s violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that one of User’s submissions of Website Content, Contributions or otherwise caused damage to a third party. This defense and indemnification obligation will survive this Agreement and User’s use of the Website. This provision is void, inapplicable, and unenforceable within the State of New Jersey.
Termination. User agrees that the Company may, under certain circumstances and without prior notice, immediately terminate User’s access to the Service or the Website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by User, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by User in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by User in connection with the Services. Further, User agrees that all terminations for cause shall be made in the Company’s sole discretion and that the Company shall not be liable to User or any third party for any termination of User’s access to the Service.
Notice. The Company may provide User with notices, including those regarding changes to this Agreement, including, but not limited to, by email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
Modification. The Company reserves the right to update or modify this Agreement or the Privacy Policy from time to time. Further, Company may offer additional services that are governed by different Terms of Service. We will provide Users notice of material changes through a message on the Website or via email associated with the User account. A User’s continued use of the Website following such notice means that user has accepted and agreed to the changes. User is expected to maintain current contact information and should check this page from time to time so that User is aware of any changes.
Entire Agreement. This Agreement constitutes the entire agreement between User, and the Company and govern User’s usage of the Website. This Agreement supersedes any other agreement between User and the Company regarding the Website.
Severability. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver. No waiver of any terms of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
No Third Party Beneficiaries. User agrees that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Governing Law. By visiting or using the Website, User agrees that (i) the Website shall be deemed solely based in Brea, California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Brea, California. The laws of the state of California govern this Agreement. This provision may be void, inapplicable, and unenforceable within the State of New Jersey.
Arbitration. Any disputes arising between the parties to this Agreement shall be submitted to binding arbitration under the authority and rules of the American Arbitration Association. The losing party shall be responsible for all costs of both parties regarding the arbitration, including reasonable attorney’s fees. This provision may be void, inapplicable, and unenforceable within the State of New Jersey.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Disputes. User is solely responsible for its interactions with any other Users. Company reserves the right, but has no obligation to monitor disputes between User and other Users or to intervene.
1 ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DISCOVERY OF THE CLAIM; ANY CLAIM NOT BROUGHT WITHIN ONE YEAR SHALL BE ABANDONED FOREVER.

CALIFORNIA RESIDENTS’ NOTICE. California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to [email protected]. You may also contact us by writing to ISYS Solutions, Inc. P.O. Box 189, Brea, CA 92822 or by calling 800-992-8100. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at 916-445-1254 or 800-952-5210.

This Agreement forms a revocable license between us and you to use the Website according to the terms of this Agreement. You cannot transfer the license. We may assign our rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.