Terms of Use
These Terms of Use were last revised on June 30, 2022.
GophOR, LLC, a Nevada limited liability company ("GophOR") provides the GophOR.net site, online software, the GophOR mobile app and related services (collectively, the "GophOR Service") subject to your compliance with the terms and conditions set forth below. Your use of the GophOR Service signifies your acknowledgement of and agreement to these Terms of Use.
These Terms of Use apply to all users of the GophOR Service. The term "users" includes both registered members of the GophOR Service and any other person that accesses or uses the GophOR Service at any point for any amount of time.
BY AGREEING TO THESE TERMS OF USE, YOU ACCEPT, AND REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT, THESE TERMS OF USE ON BEHALF OF YOURSELF, THE COMPANY NAMED ON YOUR ACCOUNT, AND ALL INDIVIDUALS WITHIN THE COMPANY WHO WILL ACCESS OR USE THE GOPHOR SERVICE.
1. ACCESS TO THE GOPHOR SERVICES
1.1. Access. The GophOR Service is only authorized for use by persons over the age of 18 in the United States affiliated with authorized designated entities. If you are authorized to use the GophOR Service, GophOR grants you a limited, revocable, nonexclusive license to access and use the GophOR Service. You agree not to access (or attempt to access) the GophOR Service by any means other than through the interfaces that are provided by GophOR. All rights not expressly granted are hereby reserved by GophOR.
1.2. Mobile Device Application. If you install or use our mobile application, software, and services, including any accompanying documentation (collectively, the "App"), we grant you a limited right to install and use the App on a single authorized device located in the United States and its territories in compliance with these Terms of Use. The App is licensed, not sold. The App may periodically check for updates, and download and install them for you. You may obtain updates only from GophOR or authorized sources. You agree to receive these automatic updates without any additional notice.
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1.3. User Responsibilities. You are responsible for your use of the GophOR Service. The GophOR Service is an aid to workflow and not intended as any substitute for communication and/or verification of information. You are solely responsible for compliance with HIPAA regulations and to maintain the confidentiality of patient information when using the GophOR Service. The entire risk as to the quality and performance of the GophOR Service is with you. Should the GophOR Service prove defective, you assume the entire cost of any such defects.
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1.4. Account Creation. In order to access some features of the GophOR Service, you will have to create an account. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to the GophOR Service, you are required to update that information immediately.
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1.5. Account Activity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GophOR immediately of any breach of security or unauthorized use of your account. Although GophOR will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GophOR or others due to such unauthorized use.
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1.6. Automated Systems. You agree not to use or launch any automated system, including without limitation, "scrapers," "robots," "spiders," and "offline readers" that access the GophOR Service. You agree not to collect or harvest any personally identifiable information, including account names, from the GophOR Service, nor to use the communication systems provided by the GophOR Service for any commercial solicitation or illegal or improper purposes.
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1.7. Termination of Account. You agree that GophOR, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email, mobile phone, or IP address, or otherwise terminate your access to or use of the GophOR Service (or any part thereof), immediately and without notice, and remove and discard any content within the GophOR Service, for any reason, including, without limitation, if GophOR believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that GophOR shall not be liable to you or any third-party for any termination of your access to the GophOR Service. Further, you agree not to attempt to use the GophOR Service after said termination.
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1.8. Modification of Services. GophOR may modify, suspend, discontinue or restrict the use of any portion of the GophOR Service, including the availability of any portion of the content at any time, without notice or liability. the GophOR Service may deny access to any registered member or other user at any time for any reason, or no reason at all in our sole discretion. In addition, the GophOR Service or GophOR may at any time transfer rights and obligations under these Terms of Use to any GophOR affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires GophOR, the GophOR Service or any of their respective assets. You agree that GophOR shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.
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1.9. No Support Services. GophOR is not obligated under this agreement to provide any support services for the GophOR other than what is set out in these Terms of Use. Any support provided by GophOR is “as is”, “with all faults”, and without warranty of any kind.
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1.10. Service Disruptions. GophOR makes no guarantee as to the availability of its software or services and does not guarantee that its website or its software will be accessible at all times. Service outages or the inability to accesses the GophOR Service site may occur for many reasons. You acknowledge and agree that GophOR shall not be responsible for any losses or damages of any kind that may be suffered by you as a result of any service interruptions or outages, including if an outage occurs.
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1.11. Consent to Electronic Service. When you use the GophOR Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the GophOR Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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2. PAID SUBSCRIPTIONS. If you subscribe to a paid tier of the GophOR Service, the following provisions will apply in addition to the other Terms of Use.
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2.1. Payments / Fees. The GophOR Service may offer different tiers of service, some of which may have recurring subscription fees disclosed at the time of the initial enrolment. You are responsible for such recurring fees according to the terms and conditions of the GophOR Service. Subscription and membership fees are subject to change at any time at the sole and absolute discretion of GophOR. For paid tiers of service, subscription fees may be automatically renewed at or after the end of the original term selected, for a similar period of time and for a similar or lower amount, unless notice of cancellation is received from you. Unless and until your subscription is cancelled in accordance with the Terms of Use, you hereby authorize GophOR to charge your chosen payment method to pay for the ongoing cost of membership. You hereby further authorize GophOR to charge your chosen payment method for any and all additional purchases of materials you purchase on the GophOR Service. All chargebacks are thoroughly investigated and may prevent you from making future purchases for other GophOR Service products and/or services. You further agree to payment of additional fees for payments that are rejected.
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2.2. Changes. GophOR may change its tiers of service and any prices for tiers of service at any time.
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2.3. Returns / No Warranties. There are no product or service warranties of any kind. Subscriptions and digital content are not eligible to be returned or exchanged.
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2.4. Cancellation. At any time, and without cause, subscription to the service may be terminated by you, GophOR, or the GophOR Service. When you cancel, you are liable all for charges incurred for any paid tiers of service up to and including through your current subscription period. Once you cancel a subscription, it will result loss of access to at the end of your current subscription period. Cancelation requests may take up to 7 business days.
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2.5. Authorization of Use. Any subscription you purchase grants you the specific right of access authorized by that subscription. Please carefully review the subscription terms.
3. USER CONTENT / INTERACTIVE FEATURES
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3.1. The GophOR Service may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, videos, or other content, including communications among users, scheduling information, and facility information, by you, other users, and other third parties such as our partners or affiliates ("User Content").
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3.2. User Content also includes, but is not limited to, photograph submissions, profile submissions, and any other interactive area of the GophOR Service.
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3.3. By posting, submitting or uploading User Content to any area of the GophOR Service, you automatically grant, and you represent and warrant that you have the right to grant, to GophOR an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to host, use, distribute, modify, run, copy, publicly perform, display, and translate said User Content and to prepare derivative works of, or incorporate into other works, said User Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting User Content to the GophOR Service, you automatically grant GophOR all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content by any party for any purpose. You acknowledge that by posting information on the GophOR Service, you are granting GophOR the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to GophOR, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein. However, this right does not extend to content that is Protected Health Information for a specific patient.
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3.4. You acknowledge that while GophOR implements various security measures, GophOR cannot guarantee the security of information you disclose through the GophOR Service. You make such disclosures at your own risk. GophOR has no obligation to retain or provide you copies of User Content. Use of the GophOR service is not for highly confidential or trade-secret communications.
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3.5. By posting User Content to the GophOR Service or by using any other interactive area of the website, you specifically agree to comply with each of the following:
(a) You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
(b) If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, or (ii) secured from your employer a waiver as to all rights in or to the material.
(c) You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to GophOR any required terms.
(d) You will not post or transmit any material that is false, deceptive, misleading, or deceitful.
(e) You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
(f) You will not post or transmit any material that deceptively impersonates any person or entity.
(g) Your username or the material you submit is not named in a manner that misleads users into thinking that you are another person or company.
(h) You will not post content that constitutes or contains any form of advertising or solicitation or for commercial purposes.
(i) You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious or unrequested software, computer code, or file.
(j) You will not post or transmit any content that is intended to promote or commit an illegal act.
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.
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3.6. When posting User Content, you agree never to use a third-party agent, service, or intermediary that offers to post User Content to the GophOR Service on your behalf ("Posting Agent"). Posting Agents are not permitted to post User Content on behalf of others, to cause User Content to be so posted, or otherwise access the GophOR Service to facilitate posting User Content on behalf of others, except with express written permission from GophOR.
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3.7. You must not describe or assign keywords to your User Content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and GophOR may change or remove any description or keyword that it considers inappropriate or unlawful in GophOR's sole discretion.
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3.8. You are and shall remain solely responsible for any and all User Content you make through the GophOR Service. You acknowledge that any information you disclose through the GophOR Service becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on the GophOR Service. Any such disclosures are at your own risk.
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3.9. You understand that when using the GophOR Service, you will be exposed to User Content from a variety of sources including direct messages from other users. GophOR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User 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 GophOR with respect thereto, and agree to indemnify and hold GophOR, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
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3.10. User Content may contain the views and opinions of individual content authors. GophOR does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and GophOR expressly disclaims any and all liability in connection with User Content.
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3.11. GophOR does not prescreen User Content submitted and GophOR has no duty to monitor any interactive area of its website. Although we may monitor or review User Content from time to time, we do not actively monitor the User Content of the interactive areas, including the communications and messaging services, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her User Content, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. GophOR may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any GophOR Service forum.
4. INTELLECTUAL PROPERTY INFORMATION
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4.1. Ownership. Other than User Content, all content on the GophOR Service, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to GophOR. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. The GophOR Service is protected by copyright law as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
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4.2. Derivative Works / Redistribution Prohibited. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of GophOR.
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4.3. Reproduction Prohibited. You further agree not to reproduce, duplicate or copy Content from the GophOR Service without the express written consent of GophOR, and agree to abide by any and all copyright and other legal notices displayed on the GophOR Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the GophOR Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the GophOR Service.
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4.4. Embedded Content / Frames. You may not embed the GophOR Service or place the GophOR Service within inline links, frames, or iframes.
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5. WARRANTY DISCLAIMER
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5.1. THE GOPHOR SERVICE, INCLUDING ANY CONTENT, USER CONTENT, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOPHOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
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5.2. GOPHOR MAKES NO WARRANTY THAT: (I) THE GOPHOR SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE GOPHOR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOPHOR SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE GOPHOR SERVICE WILL BE CORRECTED.
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5.3. GOPHOR IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY AND GOPHOR WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.
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5.4. YOU ACKNOWLEDGE THAT GOPHOR HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS AND SERVICES ADVERTISED ON THE GOPHOR SERVICE, THE TRUTH OR ACCURACY OF ANY USER CONTENT.
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5.5. GOPHOR, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE GOPHOR SERVICE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE GOPHOR SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE GOPHOR SERVICE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE GOPHOR SERVICE AND/OR THOSE SERVICES.
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5.6. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
5.7 IT IS THE RESPONSIBILITY OF EACH INDIVIDUAL PARTICIPATING IN THE PREPARATION, ORGANIZATION, AND COMMUNICATION OF A SPECIFIC SURGICAL CASE TO DIRECTLY CONFIRM WITH ALL OTHER PERSONS INVOLVED WITH THAT CASE ALL DETAILS RELATED TO THE PATIENT AND SURGERY. GOPHOR IS PROVIDED AS AN AID TO THAT COMMUNICATION AND DOES NOT REPLACE OR ELIMINATE DIRECT CONFIRMATION BETWEEN THE MEDICAL TEAM, PATIENT, FACILITY, AND ANY OTHER PERSON INVOLVED WITH THE SURGICAL CASE. YOU HEREBY AGREE TO BE RESPONSIBLE FOR ALL COMMUNICATIONS INVOLVING EACH SURGICAL CASE AND WAIVE ALL LIABILITY AGAINST GOPHOR FOR ANY MISCOMMUNICATION THAT MAY RESULT IN ADVERSE CLINICAL RESULTS OR PATIENT INJURY.
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6. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT GOPHOR IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, GOPHOR IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOPHOR, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOPHOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
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7. UNSOLICITED MATERIAL AND IDEAS
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7.1. We are happy to hear from users and welcome feedback regarding the GophOR Service. However, if you transmit unsolicited submissions to us through the GophOR Service or otherwise, you grant GophOR a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as GophOR sees fit.
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7.2. By using the GophOR Service and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the GophOR Service, GophOR and its affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.
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8. INDEMNITY
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8.1. You agree to defend, indemnify and hold harmless GophOR, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(a) any disputes between users, including with your team, medical groups, physicians, medical facilities, and vendors;
(b) your use of and access to the GophOR Service;
(c) your participation in any interactive area of the GophOR Service including messaging and communications;
(d) your violation of any term of these Terms of Use;
(e) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(f) your violation of any law, rule or regulation of the United States, any state, or any other country, including any HIPPA violations;
(g) any claim that User Content posted by you or using your account caused damage to another party;
(h) any other party's access and use of the GophOR Service with your account;
(i) any miscommunication between persons or entities that may result in incomplete or erroneous preparation for surgery, adverse clinical results, and patient injury; it is the responsibility of each person and entity involved with a specific surgical case to ensure that every other person and entity involved in that case that each person and entity is properly informed of all information; and
(j) information communicated with the GophOR service that is inaccurate and incomplete.
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8.2. This defense and indemnification obligation will survive these Terms of Use and any termination of your use of the GophOR Service.
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9. DIGITAL MILLENNIUM COPYRIGHT ACT
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9.1. Infringement Not Permitted. GophOR does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and GophOR will remove any content if properly notified that such content infringes on another's intellectual property rights. GophOR reserves the right to remove any content without prior notice.
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9.2. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
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(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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GophOR's designated Copyright Agent to receive notifications of claimed infringement is:
GophOR, LLC
Attn: Copyright Agent
6817 S. Eastern Ave., STE 101,
Las Vegas, NV, 89119​
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
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9.3. Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
(a) Your physical or electronic signature;
(b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
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9.4. Effect of Counternotice. If a counter-notice is received by the Copyright Agent, the GophOR Service may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the GophOR Service’s sole discretion.
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10. PRIVACY POLICY
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10.1. GophOR has established a Privacy Policy to explain to users how personal information is collected and used, which is located here.
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10.2. Your use of the GophOR Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that GophOR may, in its sole discretion, preserve or disclose content posted by you, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms of Use, or respond to claims from third-parties.
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11. GOVERNING LAW / DISPUTES
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11.1. You agree that the GophOR Service shall be deemed solely based in the State of Nevada.
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11.2. The GophOR Service shall be deemed a passive website that does not give rise to personal jurisdiction over GophOR, either specific or general, in jurisdictions other than Nevada.
11.3. Governing Law / Jurisdiction. These Terms of Use will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. These Terms of Use are governed by a mandatory arbitration clause set out below, however, if a court is necessary in whole or in part to enforce these Terms of Use, You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Clark County, Nevada and waive any objection to personal jurisdiction, to venue, or to convenience of forum.
11.4. Disputes. Any dispute, claim or controversy arising out of or relating to the GophOR Service, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the GophOR Service (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). For any actions brought in court, You and GophOR consent to the sole and exclusive jurisdiction of the courts located in Clark County, Nevada, including for acts occurring outside of the United States
11.5. Statute of Limitations. You agree to file any claim regarding any aspect of the GophOR Service or these Terms of Use within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
11.6. Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND GophOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
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12. ASSIGNMENT / MODIFICATION
12.1. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you. GophOR may assign these Terms of Use, and any rights and license granted hereunder without restriction.
12.2. Modification. We reserve the right to amend these Terms of Use at any time. If we do this, we will post the amended Terms of Use on this page and indicate at the top of the page the date the Terms of Use were last revised. The most current version of these Terms of use will supersede all previous versions. Your continued use of the GophOR Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the GophOR Service.
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13. ABILITY TO ACCEPT TERMS OF USE
You hereby declare, represent and warrant that you (either personally or through parental or guardian consent) are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms of Use. the GophOR Service is not directed to persons under 18. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information, we take steps to remove such information and terminate the child’s account.
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14. CONSENT
By using the GophOR Service in any way you are agreeing to comply with these Terms of Use. In addition, when using a particular service, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with the GophOR Service in any way, your only recourse is to immediately discontinue your use of the GophOR Service.