Last Updated: October 31, 2019
Welcome, and thanks for visiting EthTechUSA.com. These Terms of Service (“Terms”) apply to you while you use the EthTech Services (as defined below), so please review these Terms carefully because they form a legally binding contract between you and Tiffany Chhuom, PLLC (“EthTech”). If you do not agree to these Terms, then please do not use or access the EthTech Services.
From time to time, EthTech may make changes to these Terms without giving you prior notice. If EthTech makes any material changes to these Terms, EthTech will let you know by either posting an update on the EthTech website located at EthTechUSA.com (“Website”) or by sending you an email if EthTech has your email address on file, and your continued use of the EthTech Services will indicate your acceptance to the modified Terms. Any immaterial changes to these Terms will be effective as of the “Last Updated” date above.
Note Regarding In-Person Consultations and Speaking Engagements:
Please note that these Terms do not apply to in-person consultations with EthTech or speaking engagements with EthTech. If you would like to schedule an in-person consultation with EthTech or schedule EthTech for a speaking engagement, please contact EthTech directly. All terms and policies for such in-person consultations and speaking engagements (including fees, dates, and the specific services) will be governed by a separate services agreement signed by you and EthTech.
If you have any questions about these Terms or the EthTech Services, you may contact EthTech at:
Tiffany Chhoum, PLLC
1. ETHTECH SERVICES.
The growing presence of digital media has created new ethical and regulatory compliance dilemmas in the healthcare industry. Through online consultations (“Online Consultations”),training workshops (“Workshops”), and all other services, publications, documents, guides, resources, and materials made available by EthTech through the Website (collectively, the “EthTech Services”), EthTech’s goal is to empower healthcare providers and organizations as they navigate a technology-centric world.
2. USING THE ETHTECH SERVICES.
A. For General Information Purposes Only: EthTech strives to help its healthcare professional clients achieve digital compliance in the healthcare industry, but please do not treat the EthTech Services as a substitute for professional legal advice. The EthTech Services are intended to be used for your informational purposes only. EthTech will not be held responsible for your use or application of the information you obtain from the EthTech Services.
B. EthTech Accounts: To access and use some of the EthTech Sevices, you must create an account with EthTech (“EthTech Account”). For example, you will need to create an EthTech Account to schedule Online Consultations and to register for Workshops. When creating an EthTech Account, you must provide accurate, current, and complete information. You are fully responsible for protecting your EthTech Account login information from unauthorized use and for anything that happens through your EthTech Account. If you experience any unauthorized uses with your EthTech Account, please let EthTech know, but EthTech will not be held responsible for any losses that you might experience.
3. ONLINE CONSULTATIONS AND WORKSHOPS.
A. Online Consultations: In addition to these Terms, Online Consultations are subject to the Online Consultations Policy, found here (https://ethtechusa.com/online-consultations-policy/), which is incorporated by reference into these Terms.
B. Rescheduling Workshops: If you have registered for a Workshop and wish to attend the Workshop on a different date, the amount you paid for the original Workshop will apply to your rescheduled Workshop. However, you must reschedule within 48 hours of registering for the Workshop and your rescheduled Workshop must occur within 90 days of your original Workshop. You will only have one opportunity to reschedule. If you reschedule a Workshop for a second time, you will forfeit your first Workshop payment and will be required to pay a second Workshop fee. Any refunds for Workshop cancellations will be decided by EthTech in its sole discretion.
C. Workshop Refunds: If you want to reschedule your Workshop but EthTech is not scheduled to offer another Workshop in the next 90 days, or if EthTech cancels your Workshop, you will be refunded the Workshop fees. It will be in EthTech’s sole discretion to issue refunds for Workshop registrations canceled by you.
D. Workshop Restrictions: EthTech welcomes clients taking notes at Workshops, but making video recordings and audio recordings and taking photos at Workshops will not be permitted.
A. Online Consultation and Workshop Fees: All fees and payments for Online Consultations and Workshops are: (i) displayed at the time of scheduling or registration; (ii) immediately due upon scheduling or registration; and (iii) in US Dollars. Please review the Online Consultations Policy for information about additional fees due to EthTech for Online Consultations that EthTech chooses to extend.
B. Payment Methods: EthTech accepts credit card payments for Online Consultations and Workshops (“Payment Method”). When scheduling or registering for an Online Consultation or Workshop, you must provide complete, accurate, and current information for a Payment Method and you authorize EthTech, or EthTech’s third-party payment processors, to charge your Payment Method for all fees due (as identified when you schedule or register for an Online Consultation or Workshop) and to store your Payment Method details for future use if you owe EthTech for any unpaid fees, including those owed to EthTech for extended Online Consultations.
C. Discount Codes: From time to time, EthTech may offer discount codes for Workshops (“Discount Codes”). Discount Codes may only be applied to a maximum of two Workshops. If you register for a Workshop and EthTech discovers that you have already used the same Discount Code twice, EthTech may cancel your registration to the Workshop without giving you a refund. In addition, Discount Codes: (i) cannot be exchanged for cash or cash equivalent; and (ii) may not be shared with other EthTech clients.
From time to time, EthTech may provide you with a voluntary survey or evaluation form in connection with the EthTech Services (“Survey”). If you choose to fill out and submit Surveys to EthTech, EthTech is not obligated to treat your Survey responses, including any feedback, ideas, suggestions, and other comments included in your Survey as confidential information. EthTech, without giving you notice and without any compensation to you, will be permitted to use your Survey responses for: (i) internal business purposes; (ii) research and analysis; and (iii) marketing purposes.
6. YOUR USE OF THE ETHTECH SERVICES.
A. Your Rights to Use the EthTech Services: You have a limited, non-exclusive, non-transferrable and revocable license from EthTech to use the EthTech Services for your informational and non-commercial purposes only. For example, this means that even if you receive informational material from EthTech during a Workshop, you are strictly prohibited from making copies of, selling, exploiting, or making any other commercial use of such materials.
EthTech may, in its discretion, terminate your Account and/or access to the EthTech Services if you: (i) make any commercial use of the EthTech Services; (ii) use the EthTech Services in a way that interferes with EthTech’s ownership rights in and to the EthTech Services; or (iii) use the EthTech Services to violate any rules, laws, and regulations.
Examples of activities that may lead EthTech to terminate your Account are:
- Commercially exploiting the EthTech Services;
- Misrepresenting the source of ownership of the EthTech Services;
- Copying, distributing, modifying, or otherwise using EthTech’s name, logo, trademarks, and all other features of the EthTech brand without EthTech’s prior written approval;
- Comprising the security of the EthTech Services;
- Deleting or altering any copyrights, trademarks, or other proprietary notices from any materials and resources made available through the EthTech Services;
- Reverse engineering, decompiling, disassembling, translating, preparing derivative works based on the EthTech Services or by otherwise modifying the EthTech Services in whole or in part; and
- Using robots, spiders, crawlers, scrapers, or any other automated methods to access the EthTech Services.
B. Ownership of the EthTech Services: As mentioned above, you have a limited, non-exclusive, non-transferrable and revocable license from EthTech to use the EthTech Services. EthTech retains all ownership right and title in and to the EthTech Services, including all related copyrights and trademarks.
These Terms will continue for as long as you use the EthTech Services. However, EthTech may terminate these Terms at any time for your violation or for any other reason outside of its control. Sections 2, 6(B), 10, 11, and 12 of these Terms will continue to be legally binding between you and EthTech if these Terms terminate.
8. LIMITATIONS TO THE ETHTECH SERVICES.
EthTech will use every reasonable effort to the keep the EthTech Services operational, but from time to time, there may be some technical difficulties or maintenance that cause temporary interruption to your access to the EthTech Services.
9. THIRD-PARTY SITES AND SERVICES.
Throughout the EthTech Services, you may have access to services, features, and links made available by companies other than EthTech. If you access those third-party services, your actions will be governed by those third parties’ own terms.
10. DISCLAIMER OF WARRANTIES AND LIABILTIES.
ETHTECH MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE ETHTECH SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS, OR DATA.
THE ETHTECH SERVICES ARE PROVIDED TO YOU “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOUR USE OF THE ETHTECH SERVICES IS AT YOUR SOLE RISK.
ETHTECH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OR APPLICATION OF THE ETHTECH SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
You will indemnify, defend, and hold EthTech, its licensors, directors, employees, contractors, and affiliates, and their respective officers, directors and employees, harmless from and against any and all losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or in connection with your: (i) breach or alleged breach of these Terms; and (ii) use of the EthTech Services.
A. These Terms are the complete and final agreement between EthTech and you for the EthTech Services. All prior understandings, agreements, and discussions are replaced and superseded.
B. You agree that your breach of these Terms will cause EthTech immediate and irreparable harm and EthTech will be entitled to seek injunctive relief without the necessity of posting bond.
C. EthTech and you are independent parties and nothing in these Terms creates an employment or agent relationship.
D. If any provision herein is held to be unenforceable, such provision will be reformed in that matter only to the extent necessary to make it enforceable, and will not affect the enforceability of the remaining provisions. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.
E. These Terms are governed by the laws of Washington state, without regard to choice of law provisions, and you agree to the exclusive jurisdiction and venue of the state and federal courts in Seattle, Washington. If any suit or action is instituted to enforce these Terms, the prevailing party will recover from the losing party all fees, costs, and expenses, including, without limitation, all fees, costs, and expenses for appeals and for attorneys and accountants, of enforcing its rights under these Terms.