Common User Terms updated on May 15, 2018
Common User Terms
These Terms of Service comprise a binding legal agreement between you and Fuhr Software, Inc., dba as LobbyCentral (collectively referred to as “LobbyCentral”). Please review this agreement carefully.
By visiting the LobbyCentral website or using the LobbyCentral services you are accepting to be bound by these Terms of Service, and you acknowledge that you have read, understood, and agree to be bound by the following Terms of Service, including any additional guidelines and future modifications (collectively, the "Terms"). If you do not agree to the Terms, you may not use, or no longer use the LobbyCentral service.
It is effective between you and us as of the date of You accepting this agreement.
These Terms were last updated on May 15, 2018. By continuing to use the Service (as defined herein) you agree to the Terms and any updates to the Terms. If you do not agree to the Terms or any updates to the Terms, you may not use the Service and must terminate your subscription and close your account.
1. License to the LobbyCentral Service
LobbyCentral is a web-based service, available at https://portal.lobbycentral.com and https://login.lobbycentral.com, that allows you to use software developed and owned by LobbyCentral and offered as a software as a service in order to check-in customers and check-out customers and otherwise manage waiting customers (the “Service”). Subject to these Terms, LobbyCentral hereby grants you a limited license to use the Service. Your use of The Service is at your own risk. The Service is strictly provided on an AS-IS and AS AVAILABLE basis.
The Service is designed solely for the purpose of customer check-in. Use of the service for any other purpose is forbidden and in violation of these Terms. LobbyCentral is not liable for damages including loss of business, loss of revenue resulting from using the Service for any other purpose. LobbyCentral reserves the right to block your access to the Service if it determines that your use of the Service is for any intention other than customer check-in.
YOU MAY NOT ACCESS THE SERVICE IF YOU ARE OUR DIRECT COMPETITOR OR DEVELOPING A COMPETING PRODUCT WITHOUT OUR PRIOR WRITTEN CONSENT. YOU MAY NOT ACCESS THE SERVICE FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE, FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.
2. Your Content
The information collected when you check in using the Service along with any other information you upload or provide to the Service is known as the “Content.” By providing any Content to the Service, whether directly through your use of the Service or from checking in, you grant LobbyCentral and LobbyCentral’s affiliates and service providers, and each of their and LobbyCentral’s respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose of providing the Service. LobbyCentral does not claim any ownership in any of the Content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit, or store on the Service. You understand and acknowledge that you are responsible for any Content submitted by you and have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. LobbyCentral is not responsible, or liable to any third party, for the content or accuracy of any Content submitted by you.
LobbyCentral disclaims any and all liability in connection with or arising from Content uploaded, stored, transmitted or otherwise distributed by a user. By uploading, storing, transmitting or otherwise distributing Content, you affirm, represent, and warrant that the Content does not and will not: (i) violate these Terms , (ii) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (iii) slander, defame, or libel any other person; or (iv) contain any viruses, adware, spyware, worms, or other malicious code. Violators of any third-party rights may be subject to criminal and civil liability. LobbyCentral reserves all rights and remedies against any Users who violate these Terms.
In the event LobbyCentral receives any information or notice that any Content uploaded, stored, transmitted or otherwise distributed by user violates these Terms or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent, LobbyCentral reserves the right to immediately remove the Content without notice to the user and without any obligation to investigate an allegation of infringement. LobbyCentral further reserves the right in its sole and unfettered discretion to remove for any reason whatsoever and at any time, any Content uploaded, stored, transmitted or otherwise distributed by a user, without prior notice to user.
4. Modification of These Terms
When using the Service, any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such guidelines and rules are hereby incorporated by reference into these Terms. LobbyCentral may, at its sole discretion, modify or revise these Terms and policies at any time; by using the Service you agree to be bound by such modifications or revisions. If you do not accept and abide by these Terms, you may not use the Service.
When the Terms have been modified, we will, at our discretion, send you a notification or post an announcement on the Login page at https://portal.lobbycentral.com/Login.aspx which will be displayed for a period of seven (7) days from the date The Terms were modified.
5. Use of the Service
You are responsible for your own communications and communications to and from your account with the Service, and for all Content sent to and from the Service, stored under your account, and activity that occurs under your account (even when Content is posted by others who have access to your account) and for any consequences thereof or arising therefrom. You agree that you will use the Service in compliance with the Terms, all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. Violation of any of the foregoing will result in immediate termination of this Agreement and your account with the Service and may subject you to state and federal penalties and other legal consequences. LobbyCentral reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
6. Content of the Service, Ownership, and Intellectual Property Rights
LobbyCentral takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does it have any obligation to monitor such third-party content. LobbyCentral reserves the right at all times to remove or refuse to distribute any Content on the Service, such as content that violates these Terms. LobbyCentral also reserves the right to access, read, preserve, and disclose any information and Content as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property, or safety of LobbyCentral, its users and the public. LobbyCentral. will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement and no lack of enforcement of any of these Terms shall be considered a waiver of such right.
The visual interfaces, graphics, design, compilation, information, branding, trademarks, computer code (including source code or object code), products, services, and all other elements of the Service provided and owned by LobbyCentral are protected by United States copyright, trademark, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws and are the property of LobbyCentral or its subsidiaries or affiliated companies and/or third-party licensors. Except as may otherwise be noted, all registered and common law trademarks and service marks and trade names are proprietary to LobbyCentral or its affiliates and/or third-party licensors.
7. Content Disclaimer
You understand that when using the Service you may be exposed to Content from a variety of sources, and that LobbyCentral is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LobbyCentral with respect thereto. LobbyCentral does not endorse any Content or any opinion, recommendation or advice expressed therein, and LobbyCentral expressly disclaims any and all liability in connection with Content.
Additionally, when using the Service to check-in, the licensee of the Service may ask additional information or make additional statements to you that LobbyCentral does not control and has no knowledge of. LobbyCentral disclaims any liability for any additional information or requests made by its licensees when you use the Service.
The Service may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Service is accurate and complies with applicable laws. LobbyCentral does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising. LobbyCentral is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. LobbyCentral will not be a party to or in any way be responsible for monitoring any transaction between a user and third-party providers of products or services. You agree to hold harmless LobbyCentral for any act or omission of any advertiser. The parties acknowledge that LobbyCentral shall not be held liable for any act or omission by any advertiser.
9. Data Confidentiality and Security
LobbyCentral has taken commercially reasonable measures to ensure the safety of the Content when it is being stored and transmitted.
10. COVERED ENTITIES UNDER HIPAA, 42 C.F.R. § 160, ET SEQ.
LOBBYCENTRAL DOES NOT COMPLY WITH HIPAA AND IS CURRENTLY NOT PREPARED TO ACT AS A BUSINESS ASSOCIATE AS THAT TERM IS DEFINED UNDER HIPAA. IF YOU ARE A COVERED ENTITY UNDER HIPAA, WE ASK THAT YOU DO NOT USE THE SERVICE FOR THE PURPOSES OF PATIENT SIGN-IN OR ANY OTHER PURPOSE WHICH RESULTS IN THE USE, DISCLOSURE, STORAGE OR TRANSMISSION OF PROTECTED HEALTH INFORMATION (“PHI”). LOBBYCENTRAL DOES NOT UNDERTAKE ANY AFFIRMATIVE DUTY TO LEARN WHETHER YOU ARE USING OUR SERVICES FOR ANY PURPOSE WHICH RESULTS IN THE USE, DISCLOSURE, STORAGE OR TRANSMISSION OF PHI; HOWEVER, IF LOBBYCENTRAL LEARNS THAT YOU ARE USING, DISCLOSING, STORING OR TRANSMITTING PHI BY USE OF THE SERVICE, WE WILL IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE AND/OR TERMINATE YOUR ACCOUNT AND THIS AGREEMENT. SHOULD YOU USE THE SERVICE IN CONNECTION WITH ANY PHI, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS (INCLUDING ATTORNEYS’ FEES) FOR THE COST OF ANY BREACH, FINE AND/OR OTHER CONSEQUENCE OR DAMAGE AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE COST ASSOCIATED WITH ANY HIPAA VIOLATIONS.
11. Prohibited Activities; Enforcement of Policies
By agreeing to these Terms, you agree not to:
(a) authorize or encourage any third party to: (i) use the Service to upload, store, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by LobbyCentral; (ii) upload, store, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose.
b) except as expressly permitted herein, use the Service for any purposes other than to access and use such services offered by Fuhr Software, Inc.;
c) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access accounts of others without permission, forge another persons' digital signature or identity, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;
d) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
e) use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
f) defame, harass, abuse, threaten or defraud users of the Service, or collect, or attempt to collect, personal information about users or third parties without their consent;
g) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or Content, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service or Content;
h) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
i) modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
j) intentionally interfere with or damage operation of the Service or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
k) use any robot, spider, scraper, application, or other automated means to access the Service for any purpose or bypass any measures LobbyCentral may use to prevent or restrict access to the Service;
l) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
m) use automated programs or "bots" or any device that has not been approved by LobbyCentral to interface, connect to, or use the Service, including the Kiosk, QMonitor or any other Service modules.
LobbyCentral reserves the right to scan all Content to ensure compliance with these Terms. In the event LobbyCentral determines, in its sole discretion, that your use of the Service is in violation of these Terms, LobbyCentral shall have the right without recourse by the user to immediately terminate your account.
12. User Indemnifications and Hold Harmless
User agrees to defend, indemnify and hold harmless LobbyCentral, its affiliated companies, officers, directors, employees and agents from and against all claims, demands, suits, costs, damages, and expenses, including but not limited to attorneys' fees and reasonable settlements that LobbyCentral may sustain or incur by reason of (a) use of the Service, (b) breach, alleged breach or violation of the foregoing warranties, representations and covenants, (c) any violation of any third party right arising from Content submitted by user, (d) any claim that any Content submitted by a user caused damage to a third party, or (e) any other violation of these Terms. User’s obligation to defend, indemnify and hold harmless LobbyCentral, Inc. shall survive these the termination of any license between use and LobbyCentral, including these Terms.
13. Disclaimer of Warranties; Limitations of Liability
The Service is offered as-is and use of the Service is at user’s sole risk. To the fullest extent permitted by law, LobbyCentral, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and use thereof. LobbyCentral assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of Service content, (ii) personal injury or damage, of any nature whatsoever, resulting from access to and use of the Service, (iii) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service website by any third party, (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service or (v) the use of the Service or your Content by LobbyCentral’s licensees. User agrees not to hold LobbyCentral, its officers, directors, employees or agents liable for any of the foregoing whether based on warranty, contract, tort, or any other legal theory, and whether or not LobbyCentral is advised of the possibility of such damages.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside is such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these Terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
14. Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOBBYCENTRAL OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO ANY CLAIM RELATED TO THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOBBYCENTRAL OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. Miscellaneous Terms
a) These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, except for its conflicts of laws principles. User consents to the exclusive jurisdiction and venue in the state and federal courts in Franklin County, Ohio.
b) LobbyCentral may transfer and assign these Terms and ownership of the Service without restriction. User may not transfer or assign any of these Terms or its Account.
c) User affirms and warrants that user is legally competent to enter into these Terms, and the conditions, obligations, affirmations, representations, covenants and warranties set forth herein.
d) If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the remaining provisions of these Terms shall not be affected.
e) No waiver of any term of these Terms shall be deemed to constitute a continuing waiver of such term.
g) Accounts that remain inactive (unpaid) for more than 90 days may be deleted without contacting you. This includes all Content associated with your account.
h) By creating an account and accepting these Terms, you agree to allow LobbyCentral to send you periodic emails including but not limited to system maintenance announcements, newsletter, and other marketing materials. You may unsubscribe from these communications at any time.
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