Thanks for using the CHUG Marketplace. CHUG Marketplace is a service provided by Centricity Health Care Users Group (“CHUG”, “we” or “us”) and is subject to the CHUG Terms and Conditions of Use (“CHUG Terms”). Your use of CHUG Marketplace and the digital content available on it is subject to these CHUG Marketplace Terms of Service and the CHUG Terms (which together we refer to as the “Terms”).
If there is any conflict between the CHUG Marketplace Terms of Service and the CHUG Terms, the CHUG Marketplace Terms of Service shall prevail.
Your use of the CHUG Marketplace requires that you agree to the following terms. Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you should not use the CHUG Marketplace.
Provision of CHUG Marketplace
When you buy Content (defined as data files, forms, applications, written text, database queries, reports, services or other software) on CHUG Marketplace you will buy it from the Developer of the Content (the “Developer”).
Each time that you purchase Content, you enter into a separate sale contract with the Developer of the Content you have purchased. This separate sales contract is in addition to your contract with CHUG for the use of the CHUG Marketplace (i.e. these CHUG Marketplace Terms of Service).
You may use CHUG Marketplace to browse, locate, and/or download Content. CHUG is not responsible for any Content on CHUG Marketplace that is developed by an entity or person other than CHUG and does not endorse such content.
Your Use of CHUG Marketplace
Age Restrictions. In order to use CHUG Marketplace you must be 18 years of age or older. If you are under 18 years of age, you must have your parent or legal guardian’s permission to use CHUG Marketplace and to accept the Terms. You must comply with any additional age restrictions that might apply for the use of specific Content on CHUG Marketplace.
Unauthorized Access to Accounts. You must keep your user details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of CHUG Marketplace or of any user of other CHUG Services via CHUG Marketplace, including account names.
Malware protection. CHUG DOES NOT WARRANT THAT THE CONTENT YOU DOWNLOAD IS FREE OF MALICIOUS THIRD-PARTY SOFTWARE OR OTHER SECURITY ISSUES. ALL CONTENT IS DOWNLOADED AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO REVIEW AND TEST ANY CONTENT BEFORE USE.
Material included in Content. While we require Developers to provide accurate information regarding the content of their Content, we cannot ensure that Content does not include material that is offensive, indecent, or objectionable.
Purchases and Payments.
Purchase of Content. Your contract for the purchase and use of Content is completed once you purchase the Content. Some Developers may offer their Content for download free of charge. Any terms and conditions that apply to purchased Content will apply to free Content, except with respect to payment-related matters. It is your obligation to save the Content. CHUG may, but is not obligated to, make the Content available for re-download, provided, however, that CHUG has no obligation to keep such Content available for re-download once it has been made available.
Payment. In order to purchase Content on CHUG Marketplace, you must agree to the payment terms as specified in the PayPal Terms of Service. While not required for purchases, you may wish to have a PayPal account, which can be set up by going to PayPal.com. PayPal’s terms of service will also apply whenever you want to purchase Content from CHUG Marketplace. Please ensure that you read those terms carefully before making any purchases. In these cases, to process your transaction and maintain your account, we may share your personal information with the product Developer, as permitted under the CHUG Privacy Notice.
All Sales Final. Except as expressly set out herein or as provided by the third parties who are providing Content, all sales are final, and no other returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction. You expressly agree that notwithstanding the foregoing, certain non-refundable fees apply to purchases of Content. These non-refundable fees are identified within the FAQ page on the CHUG Marketplace and available at https://marketplace.centricityusers.com/#/faq.
Removal or Unavailability of Content. Subject to the Terms, Content that you purchase will be available to you through CHUG Marketplace as long as CHUG has the right to make such content available to you. In certain cases (for example, if CHUG loses the relevant rights, discontinues a service or Content is discontinued, breaches applicable terms or the law), CHUG may cease providing you with access to certain Content that you have purchased. CHUG will provide you with reasonable prior notice of any such cessation. If you are not able to download a copy of the Content before such removal or cessation, then CHUG will offer you either (a) a replacement of the Content if possible or (b) a refund of the price of the Content. If CHUG issues you a refund, the refund of your purchase price shall be your sole remedy.
Rights and Restrictions – End User License Agreement
Your use of Content will be governed by the terms and conditions of an end user license agreement between you and the Developer of the Content (a “EULA”). The EULA for Content includes the terms set forth below (the “Standard EULA”) and any additional end user license terms included with or in the Content (the “Developer EULA”). If there is a conflict between the Standard EULA and the Developer EULA, the Standard EULA will control provided that the Developer EULA may contain additional restrictions, limitations, and disclaimers. The Developer has the right to enforce the EULA against you. If you do not want to comply with the EULA for Content, you must not use that Content. CHUG is not a party to the EULA for any Content (unless CHUG is the Developer of such Content). The Standard EULA includes the following end user license terms, and if the Content does not include a Developer EULA, these terms will constitute the entire EULA between you and the Developer:
(i) The Developer is the licensor of the Content.
(ii) If the Content does not include a Developer EULA that specifies Content license rights, Developer grants you a limited, nontransferable license to download and use the Content only for legitimate business purposes in user’s internal business operations.
(iii) Any information that Developer collects from you or your device will be subject to any Developer EULA, privacy notice, or similar terms that the Developer makes available to you, and will not be subject to the CHUG Privacy Notice.
(iv) You may not modify, reverse engineer, decompile or disassemble the Content in whole or in part, or create any derivative works from or sublicense any rights in the Content, unless the Developer expressly authorizes such actions in writing provided that if the Content is a “form” (as that term is understood within the community of Centricity users), you may modify such form as is necessary for user’s internal business purposes. You may not sell, rent, lease, transmit, or distribute (except as necessary within your business for your internal business purposes) any such modified forms in any manner.
(v) The Content is protected by copyright and other intellectual property laws and treaties. Unless otherwise expressly stated in the Developer EULA, Developer or its licensors own all title, copyright and other intellectual property rights in the Content, and the Content is licensed, not sold.
(vi) You acknowledge and agree that CHUG has no responsibility or liability with respect to your use of the Content or any content or functionality in the Content.
(vii) You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign any Content or your rights to Content to any third party without the express written consent of the Developer.
(viii) You may not use Content as part of any service for sharing, lending or multi-person use or for the purpose of any other institution, without the express written consent of the Developer and only in the exact manner specified and enabled by CHUG and/or the Developer.
(ix) You may not attempt to, nor assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption that protect, obfuscate or otherwise restrict access to any Content or CHUG Marketplace. If you violate any security feature, you may incur civil or criminal liability.
(x) You may not remove any watermarks, labels or other legal or proprietary notices included in any Content.
(xi) Content developers may from time to time place limits on the number of Devices and/or software applications you may use to access Content. Such developers may record and store the unique device identifier numbers of your Devices in order to enforce such limits.
(xii) If you violate any of the terms and conditions of the Terms or EULA, your rights under the license granted herein will immediately terminate and CHUG may terminate your access to CHUG Marketplace, the Content and/or your CHUG account without refund to you.
DEVELOPER AND CHUG SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR DAMAGE TO ANCILLARY OR ATTACHED EQUIPMENT OR COMPONENTS THEREOF OR FOR LOSS OR NON-RECOVERABILITY OF ANY DATA OR STORED INFORMATION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR WITH THE USE OF THE CONTENT. DEVELOPER’S AND CHUG’S LIABILITY, IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR WITH THE USE OF THE CONTENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE CONTENT TO WHICH THE CLAIM RELATES.
DEVELOPER AND CHUG HEREBY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OF OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON DEVELOPER’S AND CHUG’S PART RELATING TO ANY ALLEGEDLY DEFECTIVE PRODUCT, AND DEVELOPER AND CHUG NEITHER ASSUME NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR DEVELOPER AND CHUG ANY OTHER LIABILITIES OR OBLIGATIONS. THESE LIMITATIONS WILL APPLY TO YOU EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
Changes to these Terms
These Terms are subject to change and you agree that you will be bound by such changes. In the event that you do not wish to be bound by such changes, You must stop using any Content you have purchased from the CHUG Marketplace.