By using the OperaDDS™ software, developed by Operability LLC (collectively "OperaDDS™" or "Operability'), the website OperaDDS.com (the "Site"), any OperaDDS™ application or application plugins ("Applications"), and all services and products of Operability LLC, you agree to follow and be bound by these terms and conditions of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer, Site visitor, or Application user; "we", "us" and "our" refers to collectively OperaDDS™ products and OperaDDS™.com; and "Products and Services" refers to all products and services provided by us. Any affiliated companies' services or other third-party services, maintain their own terms of use and privacy policies which are separate from wholly owned Operability products and services.
It is your responsibility to review these Terms of Use periodically. If, at any time, you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use or to unsubscribe, please contact care@operadds.com
OperaDDS™ and OperaDDS™.com provides currently an intuitive, comprehensive medical clinic paging system to provide an automated SaaS (Software-as-a-Service) software solution to individuals and clinics (organizations) that need immediate communication within their clinic or organization setting. OperaDDS™ hosts its software as a backend SaaS service for customers. The Site includes general information on commonly encountered clinical (organizational) contemporaneous general operation communicating issues. OperaDDS™ is not a substitute for the direct and timely communications needs necessary within the clinical situation regarding all emergency situations regarding patient care. Your own clinic's emergency procedure process will always take precedence to OperaDDS™ in a threatening situation.
This Site, information and Applications are not intended to create any doctor-patient relationship, and doctor-patient relationship between you and another person and OperaDDS™.
OperaDDS™ respects your privacy and permits you to control the treatment of your personal information. A complete statement of OperaDDS™'s current Privacy Policy can be found on our website at operadds.com.
This Site and OperaDDS™ Applications and OperaDDS™.com/ are owned and operated by Operability LLC. All right, title and interest in and to the products and services provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the "Services") are owned either by Operability or by affiliates, or by our respective third-party developers or vendors ("Business Associates"). All of our Business Associates maintain in accordance with regulations set forth by Health Insurance Portability and Accountability Act of 1996 and/or its relevant regulations ("HIPAA") and the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). Except as otherwise expressly provided by Operability, none of the Products and Services shall be construed to confer any license under any of Operability's intellectual property rights, whether by estoppel, implication or otherwise. Operability does not sell, license, lease or otherwise provide any of the Products and Services other than those specifically identified as being provided by any rights not expressly granted herein are reserved by Operability.
Operability hereby grants you permission to download, view, and use the Products and Services solely for your business use within your clinic and is not for commercial resale, where applicable. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use.
Operability grants you a limited, personal, non-exclusive, non-transferable license to use our Products or Services for your clinic's business use. Except as otherwise provided, 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 Products or Services in any manner. You shall not remove any copyright or patent-related notice from any document or reproduction. As necessary, your clinic will be HIPAA/HITECH compliant when using our Products and Services and you will notify us immediately of any data security breach that occurs.
You will either create or be assigned an account (including a user name and password) during the registration process. You are responsible for maintaining the confidentiality of the password and are responsible for all activities that occur under your account, pursuant to HIPAA and HITECH compliance regulations; shall execute a Mutual Business Associate Agreement Confidentiality And Security Of Protected Health Information document, as described herein below. You agree to (a) provide accurate, current, and complete information about you when registering your account and update that information as necessary, (b) maintain the security of your password and identification; (c) immediately notify care@operadds.com of any unauthorized use of your password or account, or any other breach of security, and (d) ensure that you log out from your account at the end of each session. Operability LLC will not be liable for any loss or damage arising from your failure to comply with this section.
If you purchase a paid subscription to OperaDDS™, you will be required to provide a valid credit card, which will only be stored by our secure third-party payment gateway and used for automated monthly billing. Other OperaDDS™-branded products may be available free of charge for basic communication features, or on a limited time trial basis, which terms are subject to change without notice.
OperaDDS™ is a Pay-As-You-Go Service ("Service") and is billed monthly to your Visa, American Express or MasterCard. Pricing quoted are subject to change without notice.
You are solely responsible for properly canceling your account. Send an email request to care@operadds.com, or if available you may cancel via your customer profile. All of your electronic files will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
This Site and Applications may contain links to websites controlled by parties other than Operability or by affiliates of Operability (each a "Business Associate"). Operability may work with a number of partners and affiliates whose sites are linked with our Products and Services. OperaDDS™ may also provide links to other citations or resources with whom it is not affiliated. Operability LLC or OperaDDS™ are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services, quality or use of any Business Associate, any website accessed from a Business Associate site or any changes or updates to such sites. You acknowledge that you bear all risks associated with access to and use of content provided on a Business Associate site and agree that the OperaDDS™ and Operability LLC are not responsible for any loss or damage of any sort you may incur from dealing with a third-party. You should contact the site administrator for the applicable Business Associate if you have any concerns regarding such links or the content located on any such Business Associate site. If you plan on or contemplate possibly the sending of or the receiving of PHI, as defined pursuant to HIPAA or HITECH, you must then prior to the use of any Applications described herein, download, read, consent, execute (electronic signature accepted), and return to Operability the Mutual Business Associate Agreement Confidentiality And Security Of Protected Health Information document, that can be found in Company Profile under Company Settings which is available to all Company Administrator Users.
On our Site, through our SaaS Applications, which may be through certain affiliates or third-party Business Associates, we may offer other "products or services". If you buy a service from one of our Business Associates, you will be directed to that entity's website and it terms of use will control. If you buy or use a service from our Site or Applications, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or use of a Service or Product of ours does not create a liability to us or any acts or omissions to act by you.
Please read this carefully as it affects your rights. Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting our Customer Care Center at care@operadds.com. In the unlikely event that the OperaDDS™ Customer Care Center is unable to resolve your complaint to your satisfaction (or if Operability has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration rather than in a court of competent jurisdiction. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted. You may elect to speak with independent counsel before using this Site or completing any purchase.
You agree that, by entering into these Terms of Use, you and Operability are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Use.
Some OperaDDS™ Services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
Although we cannot make an absolute guarantee of system security, Operability takes reasonable steps as outlined in HIPAA/HITECH regulations to maintain security. If you have reason to believe system security has been breached, contact us by email at care@operadds.com for help.
If OperaDDS™'s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, OperaDDS™ technical staff reserves the right to delete those files or to stop those processes. If the OperaDDS™ technical staff suspects a user name is being used by someone who is not authorized by the proper user, OperaDDS™ technical staff may temporarily disable that user's access in order to preserve system security. In all such cases, OperaDDS™ technical staff will contact the member as soon as feasible.
OperaDDS™ technical staff reserves the right to refuse service to anyone and to cancel user access at any time for any reason or for no reason.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work -that you transmit using any OperaDDS™ service that allows interaction or dissemination of information. In transmitting User Content, you agree that you will not submit any content:-
THE SITE, APPLICATIONS, AND ALL SERVICES AND PRODUCTS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OperaDDS™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
OperaDDS™ MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE SERVICES AND PRODUCTS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY SERVICES AND PRODUCTS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; ©R (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE SERVICES AND PRODUCTS WILL MEET YOUR EXPECTATIONS: OR (E) ANY CONVERTED ELECTRONIC FORM CREATED BY OperaDDS™. THAT IS DERIVED FROM A USER'S MANUAL OR ELECTRONIC FORMS AS SUBMITTED BY A USER TO OperaDDS™. ARE MERELY INTENDED TO BE AN ELECTRONIC REPRODUCTION OF THE USER'S SUBMITTED FORM. OperaDDS™ DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES. OR ASSUMES ANY LIABILITIES FOR THE USE OF SUCH CONVERTED ELECTRONIC FORMS REGARDING ANY BODILY INJURIES. DEATH. OR COMPLIANCE WITH ANY REGULATORY AGENCY'S REGULATIONS. FEDERAL STATUTE OR STATE STATUTES. PRIOR TO SUBMISSION TO OperaDDS™. THE USER SHOULD HAVE ALL FORMS REVIEWED BY ITS LEGAL COUNSEL REGARDING COMPLIANCE REQUIREMENTS WITH ALL FEDERAL AND STATE STATUTES AND REGULATIONS.
OBTAINING ANY SERVICES AND PRODUCTS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. OperaDDS™ SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, ERRORS, VIRUSES, OR DELAYS IN OPERATION THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, SERVICES, INFORMATION OR SOFTWARE.
YOU WILL HOLD OPERABILITY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF OPERABILITY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF OPERABILITY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE OPERABILITY'S ARBITRATION AGREEMENT, CONTAINED IN THESE TERMS OF USE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOTALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Except as may be required in connection with your use of OperaDDS™ Services, Operability LLC does not want you to submit confidential or proprietary information to us through this Site or any Applications unless in compliance with HIPPA/HITECH regulations of Protected Health Information (PHI). All non-PHI comments, feedback, information or material submitted to OperaDDS™ technical support through or in association with this Site shall be considered non-confidential and Operability's property. By providing such submissions to OperaDDS™ technical support you hereby assign to Operability at no charge, all rights, title and interest in and to the submissions and any intellectual property rights associated therewith. Operability shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
When accessing, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and Products and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third-party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit or that is provided or transmitted using your OperaDDS™ user account. All Site design, text, graphics, pictures, information, data, software, sound files, and the selection and arrangement thereof, Copyright © Operability LLC. ALL RIGHTS RESERVED. All logos, operadds.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Operability LLC. All other trademarks, product or service names and company names or logos cited herein are the property of their respective owners.
No persons under the age of 21-18 are eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
By using this Site or any Applications, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Minnesota, excluding its choice of law rules, and except and to the extent that the Health Insurance Portability and Accountability Act Privacy Rule applies to any health-related information you provide to Operability (in which case such HIPAA Privacy Rule governs), the privacy laws of the State of Minnesota will govern. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Services is governed by the Arbitration Agreement contained in these Terms of Use.
BY USING THE SERVICES AND PRODUCTS OF OPERABILITY OR ACCESSING THE OperaDDS™ SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER AND EMAIL ADDRESS TO OPERABILITY LLC VIA THE OperaDDS™ WEBSITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO OPERABILITY LLC AND THAT OPERABILITY LLC OR ITS AFFILIATES MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
BY USING OperaDDS™ AND RELATED PRODUCTS AND SERVICES OR ACCESSING THE OperaDDS™ WEBSITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Copyright 2015 -2018 © Operability LLC
Last updated: Januarv 2018