You must be 18 years old to use our Site and its services. Courtagen terminate these Terms and your use of the Site without notice if Courtagen, in its sole discretion, believes that you are under the age of 18.
General Use RestrictionsCourtagen provides content through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) are provided to you by Courtagen and are the copyrighted and/or trademarked work of Courtagen or Courtagen’s contributors or licensors. Courtagen grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.
Using the Site and the Services on the SiteYou can simply view the Site or participate in any interactive programs on the Site. You need not register with Courtagen to simply visit and view the Site. However, in order to access certain password-restricted areas of the Site, including our Customer Portal, and to use certain services and Materials offered on and through these parts of the Site, you must register with Courtagen for an account and receive a password.
Password Restricted Areas of this Site
If you desire to register for an account through Courtagen’s Physician Portal, you must submit the following information through the account registration page on the Site: Name, Address, Tax ID, Phone Number and Fax Number, and other contact information. Once you have you have submitted your registration information, a Courtagen administrator shall have the right to approve or reject the requested registration, in the Courtagen administrator’s sole discretion. If your account is approved by the Courtagen administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Site using that password (the “Courtagen Password”) for the first time you log into your account on the Site to complete the account registration process. You are responsible for maintaining the confidentiality of your Courtagen Password, (collectively, "Passwords), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let anyone else access your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Courtagen if any of your Passwords on this Site is lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site. By using this Site, you represent and warrant that all the information that you provide when registering for an account and otherwise through the Site is accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes or contacting Courtagen at support@Courtagen.com
Third Party Content
Certain information and other content that are not user submissions or Courtagen content may be provided by third party licensors and suppliers to Courtagen (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. Courtagen DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites
- When using this Site and/or the services, you agree not to, without limitation:
- Use any false or inaccurate information for purposes of registering as a user of the Site.
- Delete or revise any material or other information of any other user or Courtagen.
- Introduce or attempt to introduce a Trojan horse, worm, virus, spider, robot, files, programs, or other malicious and/or foreign code into the Site designed to interrupt, destroy, or limit the functionality of the Site, the Content or any computer software or hardware or telecommunications equipment.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site.
- Use the Site to collect or store personal data about others.
- Use the Site in a manner that intentionally or unintentionally violates any applicable local, state, national or international law.
- Use the Site or the Content for any commercial or pecuniary purpose.
- Use the Site in any manner that is harmful to others.
- Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
- Allow any other person or entity to use your username or password.
- Attempt to modify, adapt, translate, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or the Content. or
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without Courtagen’s prior written consent.
- Create a database by systematically downloading and storing Site content.
- Use any robot, spider, scraper or other automated means to access the Site.
- Forge communications on behalf of the Site (impersonating the Courtagen website) or to the Site (impersonating another user). • Interfere with service to any user, host or network including, but not limited to, by way of submitting a virus to , or overloading, “flooding,” “spamming,” “mailbombing” or “crashing.”
- Probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Otherwise violate or attempt to violate the security of the Site, or to take any action that may otherwise harm, disrupt or overburden the Site.
This list of prohibitions provides examples and is not complete or exclusive. Courtagen reserves the right to terminate your access to your account, your ability to post to this Site with or without cause and with or without notice, for any reason or no reason, or for any action that Courtagen determines is inappropriate or disruptive to this Site or to any other user of this Site. Courtagen may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Courtagen’s discretion, Courtagen will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials contained on this Site may violate certain laws and regulations. You agree to indemnify and hold Courtagen and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Courtagen or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Proprietary RightsCourtagen is a trademark of Courtagen in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Courtagen, Copyright © [dates of creation] Courtagen. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property InfringementNotification: Courtagen respects the intellectual property rights of others, and we ask you to do the same. Courtagen may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Courtagen’s designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 at the Site, and information reasonably sufficient to permit Courtagen to locate the material.
- Information reasonably sufficient to permit Courtagen to con tact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- 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 and/or trademark owner, its agent, or the law.
- 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.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Disclaimer of WarrantiesYour use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by Courtagen, and they may include inaccuracies or typographical or other errors. Courtagen does not warrant the accuracy of timeliness of the Materials. Courtagen has no liability for any errors or omissions in the Materials, whether provided by Courtagen or our licensors. For the purpose of this Provision, “Courtagen” means Courtagen and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. COURTAGEN, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COURTAGEN DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of LiabilityCOURTAGEN SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL COURTAGEN BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF COURTAGEN KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export ControlCourtagen controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
FeedbackIf you send or transmit any communications, comments, questions, suggestions, or related materials to Courtagen, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Courtagen is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Courtagen is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at firstname.lastname@example.org . This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Courtagen. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. Please read this Provision carefully. It provides that all Disputes between you and Courtagen shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). For the purpose of this Provision, “Courtagen” means Courtagen and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Courtagen regarding any aspect of your relationship with Courtagen, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Courtagen’s licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION. Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Courtagen an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Courtagen via e-mail at email@example.com . That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Courtagen does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or Courtagen may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Courtagen, Email: firstname.lastname@example.org. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Courtagen through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Courtagen. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Courtagen may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision. For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Location of Arbitration – You or Courtagen may initiate arbitration in either [CLIENT’s U.S. location] or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, Courtagen may transfer the arbitration to [CLIENT’s U.S. location] in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator. Payment of Arbitration Fees and Costs – Courtagen will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Courtagen as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Courtagen specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you.Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.Jury Waiver You understand and agree that by entering into this Agreement you and Courtagen are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Courtagen might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Severability If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court. Continuation This Provision shall survive the termination of your service with Courtagen or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Courtagen makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Courtagen to adhere to the language in this Provision if a dispute between us arises.
If you violate these Terms, Courtagen may terminate and/or suspend your access to this Site without notice. Courtagen prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Courtagen, may result in immediate termination of your access to this Site. The Federal Arbitration Act, Massachusetts state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in Middlesex County, Massachusetts. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Courtagen’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Courtagen and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Courtagen about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. Where permitted by law, you and Courtagen agree that any cause of action arising out of or related to these Terms or this Site must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.