IMPORTANT - PLEASE READ CAREFULLY THE TERMS BELOW
The following are the terms and conditions pursuant to which CureMD shall provide CureMD Kiosk Services (“Services”) purchased by Licensee on the Order Form(s):
License and Services Agreement Terms. Unless otherwise modified in this Addendum, the terms and conditions of the License and Services Agreement (including all Exhibits and Attachments thereto) (the “Agreement”) shall continue to govern the rights and obligations between the Licensee and CureMD. Any terms of the Agreement which are not in conflict with provisions of this Addendum shall act to supplement the terms of this Addendum for the provision of the Services contemplated herein.
Roles and Responsibilities. By using the Services, Licensee hereby expressly agrees that Licensee is solely responsible for ensuring: (i) the protection and maintenance of the hardware and software on which the Services are used by Licensee (“Equipment”); (ii) adequate safeguards are in place to protect the Equipment and the physical location in which the Services are used; (iii) that the Equipment is protected from theft, damage, corruption, alteration, unauthorized access, virus, malware etc.; (iv) that the Licensee conducts identity verification of the individual accessing the Services; (v) that the Services are not accessed by any unauthorized individual; (vi) compliance with applicable data privacy laws relating to Licensee’s use of the Services, including the Health Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health Act, Title XIII of the American Recovery and Reinvestment Act of 2009, and related regulations promulgated by the Secretary (“Applicable Laws”).
Disclaimer. LICENSEE SHALL BE SOLELY RESPONSIBLE FOR THE USE OR MISUSE OF THE EQUIPMENT AND SERVICES AND PROVIDING ACCESS THERETO, AND FOR ANY LIABILITY THAT MAY ARISE FROM SUCH USE OR ACCESS.
Indemnity. Licensee agree to indemnify, defend and hold harmless CureMD, its officers, affiliates, directors, employees and agents, from and against any claims, costs, obligations, demands, actions, proceedings, liabilities, penalties, judgments, losses or damages, including reasonable attorneys’ fees, howsoever caused, sustained by CureMD or any third party, arising out of or relating to (i) Licensee’s use of the Services; (ii) Licensee’s breach of Section 2 hereof; (iii) any unauthorized access or use of the Services and accompanying patient data by any individual; (iv) any violation of the applicable laws by Licensee; and (v) inadequate safety measures to protect the premises where the Equipment is located.