We do not control third parties and we are not responsible for their Third Party Offerings thatmay be used in connection with the Services. Your use of such Third Party Offerings may require that you enter into separate subscription, licensing, and/or business associate agreements with such third party vendors and suppliers. You agree: (i) to comply with and,upon request, execute such agreements as may be required for the use of such software or services; (ii) that Aesthetic Record may disclose information to these third-parties on yourbehalf. We encourage you to read the terms or service and/or user agreements for these thirdparty providers you use.
Clinical decision support (“CDS”) provides Professionals with knowledge and person-specific information, intelligently filtered or presented at appropriate times, to enhance health andhealth care. CDS encompasses a variety of tools to enhance decision-making, which caninclude information and reminders concerning drug interactions, dosages, clinical guidelines,and contextually relevant reference information.While CDS identifies and describes generally recommended courses of intervention, it is not intended to substitute for the advice of aphysician or other knowledgeable health care professional or provider. The CDS informationand materials available through our Services are for informational purposes only and are notto be considered as professional advice, diagnosis, or treatment, or to substitute for anyone’sprofessional judgment.
You will defend, indemnify, and hold harmless Aesthetic Record (and its agents, officers,directors, and employees) against any third-party claim, loss, damage, settlement, cost, expense,or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from orrelated to (a) your non-compliance with applicable laws; (b) any actual or alleged infringementof any Intellectual Property Rights by any of the foregoing, and any personal injury, death (to theextent the injury or death is not caused by Aesthetic Record), or property damage related there to;(c) your taxes and duties or the collection, payment, or failure to collect or pay your taxes orduties, or the failure to meet tax registration obligations or duties; (d) any actual or alleged breach by you of this Agreement; (e) your access to or use of the Services; or (f) any actual oralleged breach of any representations you have made.
ii. For a second violation, Aesthetic Record will lock your Aesthetic Record userinbox and immediately suspend your ability to participate in the SMS Feature.We will notify you of such actions by providing you with a dialogue box uponyour attempt to access your user inbox. The dialogue box will indicate the SMS Feature has been immediately suspended and that you can contact firstname.lastname@example.org for more information. Additionally, we will notify you by sending an email to the email address registered with your Account. We may also permanently exclude you from using the SMS Feature.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS ANDWILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND AESTHETICRECORD HAVE AGAINST EACH OTHER ARE RESOLVED.
The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Aesthetic Record user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction there of.