Privacy Policy

Privacy

 Your continued use of this Site also constitutes your acceptance of the NGHS Privacy Policy which is hereby incorporated into these Terms by reference. Additionally, by using the Site, you acknowledge and agree that internet transmissions may not be completely private or secure. You understand that any message or information you send to/via the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Use of This Site

NGHS grants you a limited license to access and make personal use of the Site, subject to these Terms. You agree to use the Site only for lawful purposes and to comply with all local, state, and federal laws, statutes, rules, and regulations. You agree not to take any action that might compromise the security of the Site or render the Site inaccessible to others or otherwise cause damage to the Site or its contents. You agree not to use the Site in any manner that might interfere with the rights or privacy of others.
You may not use the Site to: (a) attempt to or actually disrupt, impair, interfere with, alter, or modify any data, information, software applications, or other materials posted and/or displayed by NGHS or anyone else; or (b) collect or attempt to collect any information from others including, without limitation, personally identifying information.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by: (a) accessing data or information not intended for you; (b) accessing an account which you are not authorized to access; (c) probing, scanning, or testing the vulnerability of the site, or breaching any security or authentication measures, regardless of your motives or intent; or (d) interfering with or disrupting the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or NGHS’s systems or networks, or any systems or networks connected to the Site or to NGHS.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to NGHS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of NGHS or others.
Violations of the security of the Site may result in civil or criminal liability. NGHS retains the right to investigate occurrences that may involve such violations, and NGHS may assist law enforcement authorities in the prosecution of such violations. NGHS may also report such violations to appropriate regulatory authorities.

Copyrights

The following content is the property of NGHS and is protected by United States trademark and copyright laws: all Site content, including but not limited to text, graphics, logos, page headers, button icons, design, layout, images, audio/video clips, digital downloads, data compilations, software (including code) used to operate the Site and any applications contained therein.
Unauthorized use of protected content may violate applicable copyright, intellectual property, and other laws (some of which provide criminal remedies). You may not sell or modify the content or reproduce, display, distribute, share, transfer, or copy any content from the Site. To request permission to use protected content, use the Contact link on this Site, accurately provide all requested information and select “Submit” from the menu. You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer permission to use protected content.

Trademarks and Logos

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, data and information provided on this Site (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to NGHS, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without NGHS’s express prior written consent.
You acknowledge that “NGHS” and the NGHS design and all other NGHS logos and marks appearing on the Site are the sole property of NGHS and may be registered in the United States Patent and Trademark Office.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including promotions or other similar features, all of which terms are made a part of these Terms by this reference.  You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
NGHS’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
NGHS may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and NGHS makes no commitment to update the materials on the Site with respect to such products and services.

Links to Other Sites and to the NGHS Site

This Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under NGHS’s control, and NGHS is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimer of Warranties

NGHS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.  THIS SITE AND ITS CONTENT IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NGHS (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND ITS CONTENTS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NGHS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, RELIABILITY, OR LIKELY RESULTS FROM USING ANY OF THE DATA, INFORMATION, SOFTWARE APPLICATIONS, OR OTHER MATERIALS PROVIDED BY OR THROUGH THIS SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
NGHS reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

IN NO EVENT SHALL NGHS OR ANY OF ITS OFFICERS, DIRECTORS, AFFILIATE ENTITIES, SUBSIDIARIES, AGENTS, EMPLOYEES, OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT (IN EXCESS OF THAT STATED HEREINAFTER IN THIS PARAGRAPH), INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING IN ANY WAY FROM THE USE OF OR INABILITY TO USE THE DATA, INFORMATION, SOFTWARE APPLICATIONS, ACCOUNTS, OR OTHER MATERIALS ON THE SITE, REGARDLESS OF THE CAUSE OR DURATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.  IN NO EVENT SHALL THE TOTAL LIABILITY OF NGHS TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT, IF ANY, YOU PAID TO NGHS OVER THE 6 MONTHS PRECEDING THE CLAIM OF LIABILITY, OR $50, WHICHEVER IS GREATER.

Indemnity

You agree to indemnify and hold NGHS, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against NGHS by any third-party, due to, or arising out of, or in connection with, your use of the Site.

Revisions

NGHS may revise or modify these Terms or any Site content at any time without notice. By using this Site, you are agreeing to be bound by the then-current version of these Terms.

Termination and Investigations

NGHS, in its sole discretion, reserves the right to decline, suspend, terminate, alter, and/or modify your access to this Site and any and all of the various online services available through this Site at any time and for any reason, including those set forth in these Terms and any indicated in our Privacy Policy. If we believe your conduct or any information you provide to the Site materially fails to conform to these Terms, we reserve the right to investigate, involve, report to, and cooperate with law enforcement, governmental, regulatory, or other authorities concerning such conduct, and to pursue a civil lawsuit, criminal prosecution, or other action for any alleged or actual illegal, fraudulent, or other unauthorized activities involving this Site or any of the services provided herein, with or without notice. Any report made to law enforcement, governmental, or other authorities, including regulatory authorities, may be made without notice to you.

Waiver

Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by NGHS of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.  These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Governing Law; Dispute Resolution

Any claim, action, or proceeding arising out of these Terms or your use of this Site shall be governed by and construed in accordance with the laws of the United States and the State of Texas, without regard to principles of conflict of laws. Any claim, action, or proceeding related to the Terms or your use of the Site will be resolved exclusively in the state or federal courts located in Fort Bend County, Texas, and you consent to the personal jurisdiction of those courts and you waive any objection to such jurisdiction or venue.

Entire Agreement

These Terms constitute the whole legal agreement between you and NGHS and govern your use of the Site and any content and completely replace and supersede any prior agreements between you and NGHS, whether written or oral, in relation to the Site or any service thereof.

Severability

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.

PRIVACY POLICY

 NGHS is committed to protecting your privacy. This Privacy Policy (“Policy”) describes NGHS’s practices and procedures as they relate to information we collect through our website (the “Site”) located at www.NGHS.com. NGHS owns the information collected.  By providing personal information online, you consent to allow NGHS to use that information in accordance with this Policy.

Information We Collect and How We Use It
Personal Information

You are not required to provide any personal information to browse or access the public area of the Site. However, to access or use certain services at the Site, you are required to provide personal information. “Personal information” is information that is unique to you, and includes, but is not limited to, your email address, telephone number, name (and any formerly used names), date of birth, Social Security or national identification number, and information regarding your legal education, background, credentials, and related matters.
Personal information is collected on the Site if/when you create an NGHS Account, request certain services, send a message using the Contact link, or purchase products through the NGHS store.  NGHS also collects information about changes made to your NGHS Account profile.
NGHS uses your personal information for the purposes described where it is collected. Generally, NGHS uses your personal information for identification purposes; to provide services and products requested by you; and to provide services to NGHS Clients.  Additionally, NGHS uses personal information to protect you and NGHS from fraudulent transactions, and to investigate inappropriate or unauthorized use of NGHS services, accounts, or intellectual property or other assets. NGHS may use aggregated personal information for research and statistical purposes related to market trends, customer satisfaction, and the like.  NGHS does not use personal information for marketing or promotional purposes.

Cookies and Tracking Technologies

Cookies are used by NGHS to keep track of your login information while you are logged into the Site. Information transferred through cookies does not contain any personally identifying information, nor is it shared with any other parties. We may use persistent and non-persistent cookies to make it easier for you to navigate the Site. If you reject cookies, you may still use the Site but your ability to use some areas of the Site will be limited.
NGHS’s web server monitors traffic by automatically recording every visitor’s host, domain name, pages visited, length of user sessions, browser type, and/or IP address.  We use analytics to track interaction with specific features of our website. We do not (and do not allow any third party to) use this service to track, collect, or upload any data that personally identifies an individual, or other data which can be reasonably linked to such information.  For information on how such analytics are used to collect and process data, please review “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/ .

Security

NGHS has physical, technical, and administrative safeguards in place to protect your personal information. We use industry-standard Transport Layer Security technology (TLS) to encrypt data transmissions.  Despite our security measures, no data transmission over the Internet or electronic storage is 100% secure.  As a result, we cannot and do not warrant the security of your personal information.
Messages that you send to us by email, including by use of the Contact link on the Site, may not be secure, and use of email is not recommended for sending confidential or sensitive information to us.

Disclosure of Personal Information to Third Parties

NGHS does not disclose information about you to third parties except as required or permitted by law or specifically authorized by you.  NGHS reserves the right to use or disclose your personal information when NGHS reasonably believes it is needed to (i) respond to information requests by law enforcement or other governmental authorities; (ii) comply with any law, regulation, subpoena or other legal process, or court order; (iii) investigate and help prevent security threats, fraud, malicious activity, or inappropriate, unauthorized, or illegal activity involving our examinations, services, or networks; or (iv) enforce or protect our rights and property, including intellectual property. In these four circumstances, NGHS may disclose your personal information, without notice, to such third parties as we deem reasonably necessary.

How to Access or Correct Your Personal Information

Access to your personal information is available through your NGHS Account. Log in to your account to edit your account profile or to change your password or email address. We keep a record of changes (including deletions) and may disclose or use the record for lawful purposes, including investigation of fraudulent, inappropriate, unauthorized, or illegal activity or for security purposes.  Certain NGHS services may have specific processes for correcting or updating personal information. Refer to the specific instructions for those services or contact NGHS for instructions.
If you request to close your NGHS Account, we will mark your account as “Closed” but will keep your account information in our database to deter fraud and to prevent transfer or sharing of accounts.

Data Retention

NGHS will retain your personal information for as long as we deem appropriate and necessary.

Links

For your convenience, we may provide links to other websites and web pages that we do not control. NGHS does not endorse and is not responsible for the privacy practices or the content of any such linked websites. If you submit information to any of those sites, your information is governed by their privacy policies.  IMMEGER does not knowingly allow other parties to collect personally identifiable information about your online activities over time and across third-party web sites when you use our websites and services.

Children’s Privacy

This website is not designed to attract children. Accordingly, we do not knowingly collect personal information from anyone under 16 years of age.

Changes to This Privacy Policy

If we change our policies, the changes will be posted to this privacy policy on the Site. At our discretion, we may also provide notice on other pages of the Site as we deem appropriate. NGHS reserves the right to change this Privacy Policy at any time, so please review it periodically or before you provide us with additional personal information.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. NGHS shall be free to use such information on an unrestricted basis.
If you have questions about NGHS’s Legal Policies, copyright information, trademark information, or other legal topics please contact:  info@nextgenhealthcaresolutions.com  Attention: Legal Department.

The information contained in this web site is subject to change without notice.
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