Welcome to the website (“website” or “site”) of TekNotes Solutions, LLC. (collectively “the Company,” “TekNotes Pro,” “Company” “we,” “our,” or “us”). TekNotes Solutions, LLC is the owner of a certain proprietary web based application called “TekNotes Pro.” The TekNotes Pro platform is a cloud-based document management system/note taking application (the “App”). The website and App are collectively referred to as the “Services.” “Website Users” “Medical Patients” “Medical Healthcare Providers and Their Employees” and “Users” of the App or Services are collectively referred to as “You” “Your” or “User.”

Please read the Terms of Service carefully before you start to use the Website or Services. By using the Website or Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy incorporated herein by reference (“Privacy Policy“) available athttps://teknotespro.com/privacy-policy/___. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website or Services.

This Website and Services are offered and available to users who are 18 years old or older. By using this Website or Services you represent and warrant that you are of legal age to form a binding contract with the Company. If you are not 18 years old or older, you must not access or use the Website or Services.

WE DO NOT PROVIDE MEDICAL ADVICE. TekNotes Pro is not a healthcare provider. The Content that you obtain or receive from TekNotes Pro, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Applications, is for informational, scheduling and payment purposes only. The content that you obtain or receive from TekNotes Pro, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Applications, is for informational purposes only and is not being offered as medical advice.

WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE MANAGEMENT EFFORTS, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT THROUGH PRIMARY MEDICAL CARE. DO NOT USE THESE APPLICATIONS FOR EMERGENCY MEDICAL NEEDS. IF YOU OR SOMEONE YOU SUPPORT EXPERIENCES A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, IMMEDIATELY SEEK THE SUPPORT OF AN APPROPRIATE HEALTHCARE PROFESSIONAL AND/OR 911. YOUR USE OF THESE APPLICATIONS IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

Please note that TekNotes Pro is not a referral service. We do not refer, recommend, or endorse any specific healthcare provider, test, procedure, opinion, or other information that may appear through our Applications. If you choose to rely on any content provided, you do so entirely at your own risk.

NO DOCTOR PATIENT RELATIONSHIP

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE APPLICATIONS OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE APPLICATIONS OR THROUGH ANY OTHER COMMUNICATIONS FROM TEKNOTES PRO INCLUDING TEKNOTES PRO FAX, EMAILS, OR TEXT MESSAGE.

TekNotes Pro encourages Healthcare Providers to use the Applications responsibly, but we have no control over, and cannot guarantee the availability of, the Applications at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Applications whatsoever.

Be advised that TekNotes Pro, including its employees are not offering or providing any financial or legal advice on its website or through its Applications.

You are solely responsible for all of your interactions with all Users of the App and Services that you contact, or that contact you. Be advised that there are risks, including but not limited to the risk of physical harm, robbery, or assault that could occur when dealing with strangers. Please use caution with regard to the information you elect to share when you use the App or Services or in any communication you engage in with anyone that uses the App or Services. You should only list the contact information that you are comfortable disclosing to Us and other Users of the App and Services.

HIPAA/HITECH COMPLIANCE

You hereby agree to fully comply with all provisions of the Health Insurance Portability and Accountability Act (“HIPAA”) as outlined in the applicable sections of US 45 CFR Subparts 160 and 164. You acknowledge that you have sole responsibility to determine any obligations you have under HIPAA, including any potential need to execute a Business Associate Agreement with us. You agree that willful violations under HIPAA constitute a material breach of these Terms.

We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website and Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

You may only use a crawler to crawl this Website as permitted by this Website’s robots.txt protocol, and We may block any crawlers in Our sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Web site.) All other use of this site is prohibited. All rights not expressly granted herein are reserved.

You may not copy, modify, distribute, sell, or lease any part of our Website or Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

You agree that at any time in our sole discretion, without notice to you and without liability of any kind, we may make improvements and/or changes to this Website, restrict or terminate your access to or use of any part or all of the Website, or refuse, move, or remove any material that you submitted to the Website.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

Except for the limited permission in the preceding paragraphs, the Company does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Website on another Website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this Website with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this Website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.

5.1 When using Your Devices hereunder: (i) you are responsible for the acquisition, cost and maintenance of Your Devices as well as any necessary wireless data plan; and (ii) We shall make available the App for installation on Your Device. We hereby grant you a personal, non-exclusive, non-transferable license to install and use the App on Your Device solely for the purpose of seeking to use the Services. You agree to not provide, distribute or share, or enable the provision, distribution or sharing of, the App (or any data associated therewith) with any third party. You agree that: (i) use of the App on Your Device requires an active data plan with a wireless carrier associated with Your Device, which data plan will be provided by you at your own expense; and (ii) use of the App on Your Device as an interface with the Services may consume very large amounts of data through the data plan. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN.

5.2 Downloading Mobile App. You may access the Mobile App which can be downloaded from an applications store or applications distribution Services, such as the Apple Mobile App Store or Google Play, (the “Mobile App Provider”). You acknowledge and agree that: (i) these Terms & Conditions are entered into between us, and not with the Mobile App Provider, and that we are solely responsible for the Mobile App (not the Mobile App Provider); (ii) the Mobile App Provider has no obligation to furnish any maintenance and support services with respect to the Mobile App; (iii) the Mobile App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (iv) in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms & Conditions; (v) the Mobile App Provider and its subsidiaries are third party beneficiaries of these Terms & Conditions as it relates to your license of the Mobile App, and that, upon your acceptance of these Terms & Conditions, the Mobile App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions as related to your license of the Mobile App against you as a third party beneficiary thereof; and (vi) you must also comply with all applicable third party terms of service when using the Services.

5.4 Third-Party Software. The software you download in connection with any App consists of a package of components, including certain third-party software provided under separate license terms. Your use of the third-party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party terms and nothing in these Terms is intended to impose further restrictions on your use of the third-party software.

You may be required to register to use the Site and/or Services. You agree to keep your password confidential and will be responsible for all use of your account and password. You may not share your login credentials with anyone under any circumstances. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

If you have registered to use the Site or Services for your business then you shall also be jointly and separately responsible to ensure all subordinate users created under your account, by you or by another authorized user, comply with these Terms. And, you and your business may also be required to execute the TekNotes Pro Subscription Agreement and/or EULA Agreement. Furthermore, you shall provide us immediate notice should you discover that any other users have violated these Terms. You also shall ensure that all user accounts provide the real legal name of all individuals as provided by their government-issued ID or passport. Nicknames and aliases used by users may also be supplemented by using the "Nickname" field provided within the TekNotes Pro Service, so long as the names are appropriate and commonly used by the user.

You agree that you and any other user registered to use the service and associated with your account may be required to complete an ID verification through a service provided by Stripe should there be any changes in compliance requirements or any concerns regarding the user's access to the site and service. This may include, but not limited to; suspicious access/logins, questionable user names or profile photos, or third-party reports about users' identity. The standard fee shall be accessed for each ID verification whether the verification process is initiated by you, another user of your account, or by TekNotes Pro.

You agree that you and any other user registered to use the service shall use the appropriate designed channels for customer service which primarily consists of specific group emails and online help portals, to which the group emails are linked to. The use of direct emails for specific employees of TekNotes Pro is generally not considered. a proper channel for customer service. You agree that any such emails are subject to be filtered, unread, archived, and ultimately not responded to. You agree to personally and jointly with your respective account, be liable for any such fees for the improper use of this reporting feature.

You are required to ensure your organization and business comply with all applicable local, state, and federal laws. In particular, you may only use the service in connection with services physically provided in the States (and local jurisdictions where required) in which you are legally registered to do business. Furthermore, you are required to obtain and provide to us any and all relevant documentation upon request. You understand that we may impose limitations, suspend, or terminate the service for any reasonable or timely failure to respond to such requests that prove compliance with the above. This includes providing National Provider ID Number(s) issued by NPPES, required State Business Registration and License Numbers/IDs, and ensuring the accuracy of any such records.

You also hereby agree to notify us of any changes regarding any owners or shareholders who hold 5% or more of your company, as well as to notify us of any changes to the type/structure of your business (i.e. LLC, Corporation, state of incorporation, etc). You also agree that should any director, officer, employee, agent, or contractor, be found to have been sanctioned as part of the OIG Exclusion, SAM, or State Medicaid Exclusions lists, you shall immediately provide written notice to TekNotes Pro.

In order to comply and ensure the TekNotes Pro service is used in a manner that does not involve fraud, waste, or abuse as outlined under respective state laws and the federal False Claims Act, you are required to provide and accurately update us on all fees and rates related to your services. This means any use of the service that is directly or indirectly connected to any federal program (i.e. Medicaid, Medicare, Tricare, etc.) requires that all rate information be provided and properly configured within the TekNotes Pro system. Any direct source (i.e Private Pay) and other funding sources are then also required so as to ensure that any rates with non-government contracts are not higher than your direct private market rates. Generally, having higher rates with government programs than your own direct source rates is a violation of state and federal law within most transportation programs. This ensures TekNotes Pro is not involved in facilitating an operator in violation of these provisions.

If your business comingles services provided by similar or shared management and administration, such information shall also be disclosed to us and would be subject to the provisions of SHARING SERVICES WITH NON-PARTIES, requiring express written approval from our Chief Executive Officer or General Counsel (or outside counsel).

From time to time, this Website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Website, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Website.

If any term in this Terms of Service is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Service will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Service.

Much of the content (“content”) on our Services is produced by users and other third parties (“third party content”) and may contain content or materials (“materials”) from publishers or other Users. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although TekNotes Pro reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Users and third parties, including information providers, or any other users of the Website, are those of the respective author(s) or distributor(s) and not of TekNotes Pro.

You are responsible for your use of the website and Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. As such, you should only provide Content that you are comfortable sharing with others.

Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms.

You may be able to post User Content. You must not post any User Content that is threatening, abusive, unlawful, misleading, fraudulent, discriminatory, libelous, defamatory, obscene or otherwise objectionable, or that contains ethnic, sexual, racial or other discriminating slurs. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, solicitations, advertisements, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.

You are prohibited from posting any User Content containing state, government or federal identification information or numbers (whether your own or of another person), such as national identification number, social security number, passport number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information could possibly cause identity theft. The Company may remove any such identification information, but we are under no obligation to do so and have no responsibility and disclaim all liability or damages for any user posting of such identification information.

The Company reserves the right to disclose all User Content and other relevant or related information, and the circumstances surrounding their transmission, to any third party in connection with operating the Website; to protect itself, its affiliates, its partners and its users or visitors; and to comply with legal obligations or governmental requests. What this means is that we may honor law enforcement or court-mandated requests such as subpoenas or search warrants to reveal a user’s electronic address and identity, or other properly requested information.

Although we have no obligation to do so, we may monitor User Content, and reserve the right to delete any User Content or portion thereof that, at the Company’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific area of the Website on which it is posted, or that is an advertisement or other commercial message, or that the Company determines at its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, we encourage you to report the content or conduct to us so that we may have the opportunity to consider whether to remove the content or not. Just so there is no ambiguity in these terms and conditions, the Company does not have any obligation to remove any User Content, and whether User Content is deemed to be inappropriate or violates any of the Company’s policies will always remain within the sole discretion of the Company.

Please take note of the following: Section 230 of the U.S. Communications Decency Act provides that:

You retain your rights to any Content you submit, post or display on or through the website or Services. What’s yours is yours — you own your Content (and your photos and videos are part of the Content).

By submitting, posting or displaying Content on or through the Website or Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for TekNotes Pro to provide, promote, and improve the Website or Services and to make Content submitted to or through the Website or Services available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by TekNotes Pro, or other companies, organizations or individuals, may be made with no compensation paid to you, or to any of your relatives, spouses, or your heirs with respect to the Content that you submit, post, transmit or otherwise make available through the Website or Services.

You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.

Only to the extent as permitted by law, if you post content or submit material to the Company, including photographs or material, you grant Us a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable right and license to use, sell, make, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Company’s website or its publisher partners, maintaining the Company website, and promoting the Company without restriction. You further grant to the Company, its affiliates, and sublicensees the right to use your user name and/or trademarks and logos in connection with any such User Content or the Company’s marketing materials or content that we might publish or display on the Website.

As a user of the Website or Services, you represent, warrant, and acknowledge that: (i) you own the User Content that you submit, display, post or otherwise make available on or through the Website or Services, or that you otherwise have the right to grant the license set forth in this section, (ii) that all such User Content, and its submission, display, posting, or availability on or through the Website or Services does not violate any applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display, or availability on or through the Website or services does not result in or cause any breach of contract between you and any third party. You further agree to pay for all royalties, fees, damages, and any other monies of any kind owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless the Company and its affiliates and sublicensees from all claims of any kind resulting from any such User Content. If you desire to request to revoke the license granted by you in this Section for any such User Content, you must send a certified letter of request to TekNotes Pro LLC, 21638 State Highway 249, Building E. Houston, Texas 77070 with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request to remove such User Content must include (a) your name, address, telephone number, and email address; (b) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (c) identification of the User Content for which the license is to be revoked, as well as all necessary information reasonably sufficient to allow the Company to locate and remove such User Content on the Website or Services; (d) a written statement certifying that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request to remove the user content is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content that you desire to be removed from the Website or Services.

Only if you desire to do so voluntarily, you may offer feedback to the Company about the functionality and performance of the Website, including, without limitation, identifying potential errors, ways to modify the Website, make improvements, fix bugs, or enhance the Website or Services (“Feedback”). By providing Feedback, you hereby grant to the Company a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, sell, sublicense, reproduce, perform, distribute, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that the Company may disclose any or all Feedback to any third party in any manner, and you agree that the Company may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is unsolicited, gratuitous and without restriction, and will not put the Company under any confidentiality, fiduciary, or any other obligation, and that the Company is free to use such Feedback without any additional compensation to you, and that we are free to disclose such Feedback on a non-confidential basis, or otherwise, to anyone. You further acknowledge that, by accepting any Feedback, we do not waive any rights to use similar or related ideas previously known to the Company, developed or created by its employees, or derived from sources other than you.

The Company does not want to receive confidential or proprietary information from you through our Website. Please note that any information or material sent to the Company will be deemed NOT to be confidential. By sending the Company any information or material, you grant the Company an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that the Company is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission by email to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Website will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to the Company for the purpose of receiving products or services will be handled in accordance with our privacy policies.

Information the Company publishes on the Internet may contain references or cross references to the Company’s products, programs and services that are not announced or available in your country. Such references do not imply that the Company intends to announce or make available such products, programs, or services in your country.

The Website and Services may contain links to other websites (“Linked Site(s)” or “third party sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES SUFFERED BY A USER (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY LINKED SITE, THIRD PARTY WEBSITE, OR RELATED SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER TekNotes Pro WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT SUCH DAMAGES WERE POSSIBLE.

The Company consents only to links to this Website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this Website; (b) misrepresent your relationship with the Company; (c) imply that the Company approves or endorses you, your website, or your service or product offerings; or (d) present false or misleading impressions about the Company or otherwise damage the goodwill associated with the the Company name or trademarks. As a further condition to being permitted to link to this Website, you agree that the Company may at any time, at its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Website and to cease any related use of the Company trademarks.

You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following: (a) using the Services in contravention of any other agreement to which you are a party, including, without limitation, any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to impersonate you; (c) sharing your password or login credentials with any other person; (d) logging onto a server or account that you are not authorized to access; (e) creating more than one account, forging usernames, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) posting content that contains pornography, graphic violence, threats, hate speech, or incitements to violence; (g) violating or attempting to violate any security features of the Services; (h) emulating or faking usage of the Services; (i) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Website; (j) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services; (k) interfering or attempting to interfere with the use of the Services by any other user, host, or network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services; (l) causing, allowing, or assisting machines, bots, or automated services to access or use the Services without the express written permission of TekNotes Pro; (m) tampering with the operation, functionality, or the security of the Services; (n) attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected; (o) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures; (p) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services; (q) harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means; (r) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services; (s) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; (t) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (u) deep-linking to any portion of this Services without our express written permission; (v) acting illegally or maliciously against the business interests or reputation of TekNotes Pro; (w) hyperlinking to the Services from any other website without our initial and ongoing consent; (x) using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with TekNotes Pro; (y) reselling or repurposing your access to the Services or any purchases made through the Services; or (z) using the Services or any of its resources to solicit other users of the Services, merchants, or other business partners of TekNotes Pro to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with TekNotes Pro, including, without limitation aggregating current or previously offered coupons or deals.

Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.

We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of, and if the Company becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the the website infringes a copyright that you own or control, please contact us:

You agree that all of TekNotes Pro’s trademarks, trade names, service marks, and other logos and brand features that are displayed via the Website and Services (collectively, the “Marks”) are trademarks and the property of TekNotes Pro. You agree not to display or use our Marks in any manner without receiving our prior permission via email. Sponsor and third party website trademarks are the property of the respective Sponsors and third parties. The display of any Sponsor or third party trademarks via the website and Services does not necessarily mean that TekNotes Pro has an affiliation with these entities.

YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS TEKNOTES PRO, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE SITE, APP AND SERVICES, INCLUDING FOR PERSONAL INJURY OR DEATH OR ANY CLAIMS FOR DAMAGES YOU MAY HAVE SUFFERED IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE SITE, APP AND SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APP AND SERVICES, OR REQUESTING OR RECEIVING SERVICES THROUGH THE SITE, APP AND SERVICES, OR FROM DAMAGES YOU MAY SUFFER AS A RESULT OF A THIRD PARTY’S USE OF THE SITE, APP AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TEKNOTES PRO’S SITE, APP AND SERVICES OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER TEKNOTES PRO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APP AND SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TEKNOTES PRO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY, DEATH OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH USING THE SITE, APP AND SERVICES; (E) THE USE OF OR INABILITY TO USE THE SITE, APP AND SERVICES; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APP AND SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP AND SERVICES; OR (G) YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE SITE, APP AND SERVICES.

WE ARE ALSO NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER CAUSED BY A CYBERATTACK, DATA BREACH, DATA INCIDENT, RANSOMWARE ATTACK AND/OR MALWARE ATTACK WHILE USING THE SITE, APP AND SERVICES, THIRD PARTY CONTENT, OR USER CONTENT.

TEKNOTES PRO WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY OR DEATH IN CONNECTION WITH THE SITE, APP AND SERVICES (INCLUDING THE SERVICES AND CONTENT AVAILABLE THROUGH THE SITE, APP AND SERVICES) OR THIS AGREEMENT, EVEN IF FORESEEABLE OR EVEN IF TEKNOTES PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BY ANY MEDICAL HEALTHCARE PROVIDER COMPANIES, THEIR EMPLOYEES OR INDEPENDENT CONTRACTORS THAT USE THE WEBSITE, APP, OR SERVICES). TEKNOTES PRO WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY COMMERCIAL DAMAGES, BODILY INJURY DAMAGES, DEATH, PHYSICAL HARM, EMOTIONAL DISTRESS, OR LOSSES OF ANY KIND. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF TEKNOTES PRO AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APP AND SERVICES OR INTERACTIONS WITH ANY OTHER USERS OF THE SITE, APP AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO USE THE SERVICES HEREUNDER, OR EXCEED ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE BY YOU, AS APPLICABLE.

TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

You acknowledge and agree that without the foregoing exclusions and limitations of liability, the Company would not be able to offer the website, app or services, and that such exclusions and limitations of liability shall apply, even if they would cause user’s remedies under this agreement to fail of their essential purpose.

By using the website and Services you agree that the laws of the State of Texas without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Us.

You understand and agree that you are personally responsible for your behavior on the website and use of the Services. You agree to indemnify, defend and hold harmless TekNotes Pro, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your data, your use, misuse, or inability to use the website or Services or the Content you post, or any violation by you of these Terms of Service. You shall also indemnify, defend and hold harmless TekNotes Pro, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of: (i) your failure to pay all applicable taxes associated with Your use of the Services; and (ii) your use of the Data.

You represent, warrant, and agree that: (i) you or your business shall not send text messages to pet owners or anyone who uses the App on their mobile devices without their explicit written consent; (ii) You or your business shall obtain written consent from anyone who uses the App either (a) by anyone who uses the site texting a keyword from their mobile device to join an SMS database; (b) anyone who uses the App filling out a paper form or You or your business sending an online form to anyone who uses the site which explicitly states that they are subscribing to receive text messages from you once they provide their phone number. (c) As anyone who uses the App opt in to SMS marketing campaigns created by You or your business, your business shall send clear, conspicuous disclosure of the text messages to them that they will receive. (d) You or your business shall send instructions to anyone who uses the site on how to opt out from receiving messages (STOP instructions), as well as how they can get help information (HELP instructions). (e) Your business is required to have a privacy policy conspicuous disclosed on your business’ website containing a Text/SMS policy.

In the event that either Party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of god, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the affected Party or other causes beyond such Party’s reasonable control (a “Force Majeure Event”) the Party who has been so affected shall immediately give notice to the other Party and shall do everything possible to resume performance.

During the Term of this Agreement, We will use commercially reasonable efforts to provide you with email support related to the Services and the App. Scheduled system maintenance shall take place from time to time, and during such time, the Services may be unavailable. Emergency maintenance may be required at other times in the event of system failure. We make no guarantees about uptime. We may, but are not required to develop and provide App updates from time to time, which may include upgrades, bug fixes, patches and other corrections or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features or functionality. You agree that We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on the settings of your mobile device, when your device is connected to the Internet the App will automatically download and install available Updates, or you will be prompted to download and install available Updates. You acknowledge that the App or any of its features may not operate properly if you fail to install Updates. You further agree that all Updates will be deemed part of the App and subject to the terms of this Agreement.

The Terms of Service, including all documents expressly incorporated herein by reference, constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and Services.

Thank you for visiting the Website.