Terms & Conditions

1. Authorized Users 

You are permitted to use S2M Health Online Services only if and for so long as Your Organization remains an S2M Health customer of SaaS, software, or software support services (“S2M Health Client”) pursuant to a written agreement with Us (“S2M Health Client Agreement”), or an authorized certified partner, developer, reseller, or other business partner (“S2M Health Business Partner”) pursuant to a written agreement with Us (“S2M Health Business Partner Agreement”), and You, as an individual, are authorized to use S2M Health software pursuant to the terms of an S2M Health Client Agreement or S2M Health Business Partner Agreement (each individual so authorized, an “Authorized User”). You represent and warrant to S2M Health that You are not and do not work for a competitor of S2M Health. You may use S2M Health Online Services only for purposes relevant to S2M Health software offerings and services and related healthcare industry workflow and business issues. You agree to notify S2M Health of any change in Your relationship with Your Organization. If Your Organization ceases to be an S2M Health Client or an S2M Health Business Partner or You cease to be an Authorized User, and Your rights to access and use S2M Health Online Services or any Services made available over S2M Health Online Services will immediately cease. 

2. Registration and Password  

In order to access and use S2M Health Online Services, You represent and warrant that You are at least eighteen (18) years old and have the legal capacity to enter into these TOU. You will be required to provide information about yourself (such as Your name, Your Organization, and work contact details) and select a password as part of the registration process. You will be limited to a single online persona and agree that You will not register or post under multiple IDs. You further agree to provide S2M Health with the requested information and will promptly update such information as necessary to ensure it remains accurate, complete, and up to date. Users may not use a name already being used by another person, which belongs to (or impersonates) someone else, which violates the intellectual property or other rights of any person (including but not limited to trademark rights), is offensive, or that S2M Health rejects for any other reason in its sole discretion. S2M Health may terminate Your account if You do not comply, or if You do not provide and retain an accurate, complete, and updated profile. You are responsible for maintaining the confidentiality of Your username and password, and You will not share it with anyone or permit any third party to access or use S2M Health Online Services using Your username and password. You acknowledge and agree that S2M Health has no responsibility for verifying the identity of anyone using Your username and password, and S2M Health may provide access to Your account to anyone using Your username and password. You will not use any account other than the account approved for use during Your registration whether or not You have the permission of the account holder, and accept sole responsibility for monitoring all activities under Your account and assume full responsibility for any third-party use of Your account, username and password and access to and use of S2M Health Online Services (unless such activities result from a security breach for which S2M Health is responsible). If You become aware of any unauthorized use of Your username, password or Your account, You agree to notify S2M Health immediately at the email address or phone number provided for notice in these TOU. 

3. Privacy Statement

S2M Health respects the privacy of others. These TOU incorporate the terms of the S2M Health Privacy Policy which provides details of Our approach to privacy and how We collect, use, and protect Personal Information or Personal Data. In addition to those restrictions set forth in these TOU on Restricted Content, You are discouraged from unnecessarily inputting personally identifiable information or Personal Data on S2M Health Online Services. 

4. Intellectual Property 

S2M Health respects the intellectual property rights of others and expects You to do the same. You agree not to publish, post, or otherwise distribute any material that is protected by copyright, trademark, or other proprietary right without the express permission of the owner(s) of said copyright, trademark, or other proprietary right. You acknowledge that S2M Health will in its sole discretion terminate the account of any user who uses the Site or the Services to infringe the intellectual property rights of others. 

5. Conduct; Compliance with Laws and TOU 

You agree to use S2M Health Online Services only for purposes that are permitted by these TOU and any Other Agreement You have with Us as an S2M Health Client or S2M Health Business Partner, and only in the course of Your work for Us or Your Organization in accordance with an applicable S2M Health Client Agreement or S2M Health Business Partner Agreement. Except as necessary for the S2M Health Services delivered through the S2M Health Online Services, as governed by the S2M Health Client Agreement, You may not use or disclose protected health information or Personal Data through S2M Health Online Services. You may not (a) engage in any commercial solicitations (including sales and recruitment activities) using any information or other items from S2M Health Online Services; (b) reverse engineer, modify, reproduce, republish, or prepare derivative works based on, distribute, sell, transfer, publicly display, publicly perform, or transmit, in connection with Your use of, or any content or information obtained from, S2M Health Online Services; (c) disguise the origin of information transmitted through S2M Health Online Services; (d) place false or misleading information on S2M Health Online Services; (e) input or upload to S2M Health Online Services any information which contains malware, ransomware, viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any Content, information or S2M Health Online Services or that infringes the intellectual property rights of another; or (f) use or access S2M Health Online Services in any way that, in S2M Health’s sole discretion, adversely affects the performance or function of S2M Health Online Services or interferes with the ability of other Authorized Users to access S2M Health Online Services. 

You agree to abide by all applicable local, state, national, and international laws and regulations and You agree to comply with any code of conduct on S2M Health Online Services or any Other Agreement. You agree to notify S2M Health of any violation of this provision or any other provision of these TOU. 

6. Modifications to TOU 

S2M Health reserves the right to change or modify these TOU, or any policy or guideline of S2M Health Online Services, at any time and in its sole discretion. If We make changes to these TOU, We will post notice of such changes on the homepage of S2M Health Online Services. Your continued use of S2M Health Online Services following the posting of changes or modifications will constitute Your acceptance of such changes or modifications. If You do not agree to the changes or modifications, do not use S2M Health Online Services. 

7. Termination  

S2M Health may terminate Your access to all or any part of S2M Health Online Services at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate Your account, You may simply discontinue using S2M Health Online Services. 

8. Disclaimer of Warranties   

TO THE MAXIMUM EXTENT PERMITTED BY LAW, S2M HEALTH ONLINE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OF ANY KIND. S2M HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF S2M HEALTH ONLINE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON S2M HEALTH ONLINE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF S2M HEALTH ONLINE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, S2M HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. S2M HEALTH DOES NOT WARRANT THAT S2M HEALTH ONLINE SERVICES, INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH S2M HEALTH ONLINE SERVICES OR ELECTRONIC COMMUNICATIONS SENT FROM S2M HEALTH ARE FREE OF MALWARE, VIRUSES, RANSOMWARE, TROJAN HORSES, WORMS, TIME BOMBS, OR OTHER HARMFUL COMPONENTS. S2M HEALTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF S2M HEALTH ONLINE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH S2M HEALTH ONLINE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 

9. Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, S2M HEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE S2M HEALTH ONLINE SERVICES; (B) ANY ACCESS TO OR USE OF ANY THIRD-PARTY CONTENT POSTED ON S2M HEALTH ONLINE SERVICES; (C) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (D) ANY OTHER MATTER RELATING TO S2M HEALTH ONLINE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF S2M HEALTH EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID S2M HEALTH, IF ANY, IN THE PAST SIX MONTHS FOR S2M HEALTH ONLINE SERVICES GIVING RISE TO THE CLAIM. 

10. Indemnification  

You agree to defend, indemnify, and hold harmless S2M Health, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your violation of these TOU or any applicable law or regulation or any Other Agreement. 

11. Governing Law

These TOU are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without regard to its conflict of law principles. You and S2M Health agree to submit to the exclusive jurisdiction and venue of the courts located in the State of Delaware, U.S.A. for all disputes arising out of or relating to these TOU or S2M Health Online Services.